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Part VIIE+W+S MISCELLANEOUS AND GENERAL

InterpretationE+W+S

252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W+S

253 Interpretation of expressions relating to motor vehicles and classes or descriptions thereof.E+W+S

(1)In this Act “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and “trailer” means a vehicle drawn by a motor vehicle:

Provided that a side-car attached to a motor cycle shall, if it complies with such conditions as may be specified in regulations made by the Minister, be regarded as forming part of the vehicle to which it is attached and not as being a trailer.

(2)In this Act “motor car” means a mechanically propelled vehicle, not being a motor cycle or an invalid carriage, which is constructed itself to carry a load or passengers and the weight of which unladen—

(a)if it is constructed solely for the carriage of passengers and their effects, is adapted to carry not more than seven passengers exclusive of the driver, and is fitted with tyres of such type as may be specified in regulations made by the Minister, does not exceed [F23050 kilograms];

(b)if it is constructed or adapted for use for the conveyance of goods or burden of any description, does not exceed [F23050 kilograms], or [F23500 kilograms] if the vehicle carries a container or containers for holding for the purpose of its propulsion any fuel which is wholly gaseous at [F317·5 degrees Celsius] under a pressure of [F31·13 bar] or plant and materials for producing such fuel;

(c)does not exceed [F22540 kilograms] in a case falling within neither of the foregoing paragraphs.

(3)In this Act “heavy motor car” means a mechanically propelled vehicle, not being a motor car, which is constructed itself to carry a load or passengers and the weight of which unladen exceeds [F22540 kilograms].

(4)In this Act (except for the purposes of the provisions thereof relating to the provision by parish councils of parking places for bicycles and motor cycles) “motor cycle” means a mechanically propelled vehicle, not being an invalid carriage, with less than four wheels and the weight of which unladen does not exceed [F2410 kilograms].

(5)In this Act “invalid carriage” means a mechanically propelled vehicle the weight of which unladen does not exceed [F2254 kilograms] and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability and is used solely by such a person.

(6)In this Act “motor tractor” means a mechanically propelled vehicle which is not constructed itself to carry a load, other than the following articles, that is to say, water, fuel, accumulators and other equipment used for the purpose of propulsion, loose tools and loose equipment, and the weight of which unladen does not exceed [F27370 kilograms].

(7)In this Act “light locomotive” means a mechanically propelled vehicle which is not constructed itself to carry a load, other than any of the articles aforesaid, and the weight of which unladen does not exceed [F211,690 kilograms] but does exceed [F27370 kilograms].

(8)In this Act “heavy locomotive” means a mechanically propelled vehicle which is not constructed itself to carry a load, other than any of the articles aforesaid, and the weight of which unladen exceeds [F211,690 kilograms].

(9)For the purposes of this section, in a case where a motor vehicle is so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, that vehicle shall be deemed to be a vehicle itself constructed to carry a load.

(10)For the purposes of this section, in the case of a motor vehicle fitted with a crane, dynamo, welding plant or other special appliance or apparatus which is a permanent or essentially permanent fixture, the appliance or apparatus shall not be deemed to constitute a load or goods or burden of any description, but shall be deemed to form part of the vehicle.

(11)The Minister may by regulations vary any of the maximum or minimum weights specified in the foregoing provisions of this section, and such regulations may have effect either generally or in the case of vehicles of any class or description specified in the regulations and either for the purposes of this Act and of all regulations thereunder or for such of those purposes as may be so specified; and nothing in [F4section 86 of the Road Traffic Regulation Act 1984] shall be construed as limiting the powers conferred by this subsection.

Textual Amendments

F2Words substituted by S.I. 1981/1373, reg. 2, Sch. Pt. I

F3Words substituted by S.I. 1981/1374, Sch.

254. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5E+W+S

255 Method of calculating weight of motor vehicles. E+W+S

For the purposes of this Act . . . F6, the weight unladen of a vehicle shall be taken to be the weight of the vehicle inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle when working on a road, but exclusive of the weight of water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle, and of loose tools and loose equipment.

Textual Amendments

Modifications etc. (not altering text)

256. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W+S

257 General interpretation provisions.E+W+S

(1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say,—

. . . F15

(2)References in this Act to any enactment shall be construed, except where the context otherwise requires, as references to that enactment as amended by or under any subsequent enactment.

258. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16E+W+S

Textual Amendments

259. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17E+W+S

260. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18E+W+S