The Road Vehicles (Registration and Licensing) (Amendment) Regulations 1990

Statutory Instruments

1990 No. 2185

ROAD TRAFFIC

The Road Vehicles (Registration and Licensing) (Amendment) Regulations 1990

Made

1st November 1990

Laid before Parliament

12th November 1990

Coming into force

3rd December 1990

The Secretary of State for Transport, in exercise of the powers conferred by sections 23 (as modified by section 39(1) and paragraph 20 of Part I of Schedule 7) and 37(1) of the Vehicles (Excise) Act 1971(1), and of all other enabling powers, hereby makes the following Regulations:

Citation, commencement and introduction

1.  These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1990 and shall come into force on 3rd December 1990.

2.  The Road Vehicles (Registration and Licensing) Regulations 1971(2) shall be further amended in accordance with the following provisions of these Regulations.

Amendment to regulation 25 (vehicles used for special purposes)

3.  In regulation 25(1) for “paragraphs (a), (c), (d) or (e) of section 4(1)” there shall be substituted “paragraphs (a), (c), (ca), (d) or (e) of section 4(1)”.

Amendment to regulation 26 (other exempt vehicles)

4.  For regulation 26(1) there shall be substituted—

“(1) This regulation applies to mechanically propelled vehicles which are exempt from duty by or under section 4, 6, or 7(2), (3), (4) or (5) of the Act or section 7 of the Finance Act 1971(3) other than—

(a) vehicles to which regulation 25 above applies;

(b) invalid carriages complying with requirements prescribed under section 20 of the Chronically Sick and Disabled Persons Act 1970(4); and

(c) vehicles exempt from duty by section 4(1)(ka) of the Act.”.

Signed by authority of the Secretary of State for Transport.

Christopher Chope

Parliamentary Under-Secretary of State,

Department of Transport

1st November 1990

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations further amend the Road Vehicles (Registration and Licensing) Regulations 1971 (“the primary Regulations”).

2.  The amendments are mostly consequential to amendments made to the Vehicles (Excise) Act 1971 (“the 1971 Act”) by the Finance Act 1990 (c. 29) (“the 1990 Act”).

3.  The 1990 Act provides that pedestrian controlled vehicles other than mowing machines are exempt from vehicles excise duty. These Regulations amend the primary Regulations so that such vehicles neither have to be registered nor licensed.

4.  The 1990 Act also provides that “veterinary ambulances” are exempt from duty. These Regulations amend regulation 25 of the primary Regulations so that it applies to such vehicles. This has the effect of requiring the vehicles to be registered but not to be licensed.

5.  Regulation 26 of the primary Regulations is also amended to correct an error. Regulation 26 requires the vehicles to which it applies to be registered and to be issued with NIL' licences (indicating that no duty is payable). Before these Regulations came into force regulation 26 applied to vehicles exempt by virtue of section 7(1) of the 1971 Act (vehicles used in passing on public roads from land in the keeper’s occupation to other land in his occupation). However regulation 25 was also applied to vehicles exempt under section 7(1). Regulation 25 exempts vehicles from licensing. These Regulations remove the vehicles exempt by virtue of section 7(1) from the scope of regulation 26. Other drafting amendments are made to regulation 26(1).

(1)

1971 c. 10. Section 23 as modified was amended by section 13 of the Finance Act 1989 (c. 26)

(2)

S.I. 1971/450; relevant amending instrument is S.I. 1972/1865

(3)

1971 c. 68

(4)

1970 c. 44