The Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges) Regulations 2008

Interpretation

3.—(1) In these Regulations—

“the 1978 Act” means the Refuse Disposal (Amenity) Act 1978;

“the 1984 Act” means the Road Traffic Regulation Act 1984;

“laden” means that the vehicle is carrying a load;

“load” means anything other than—

(a)

the body and all parts of the vehicle which are necessary to or ordinarily used with the vehicle when working on a road;

(b)

any water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle;

(c)

the driver, any passengers and their personal effects;

(d)

a crane, works truck as defined in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986(1), or other special appliance or apparatus which is a permanent or essentially permanent fixture of the vehicle; and

(e)

any containers or other equipment intended or adapted for the purpose of holding or carrying a load by the vehicle;

“MAM” means maximum authorised mass as defined in regulation 3(1) of the Motor Vehicles (Driving Licences) Regulations 1999 (2);

“off road” means that no part of the vehicle is in contact with the road;

“on road” means that any part of the vehicle is in contact with the road;

“road” means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes;

“substantially damaged” means such damage to a vehicle that in the reasonable opinion of a constable it cannot be driven safely on the road;

“two wheeled vehicle” means a mechanically propelled vehicle constructed or adapted to have two wheels or less and the MAM of which does not exceed 3.5 tonnes;

“unladen” means that the vehicle is not carrying a load;

“vehicle” has the same meaning as in section 99(5) of the 1984 Act.

(2) For the purposes of regulation 4, a vehicle will only be considered upright if all parts of the vehicle are upright.

(3) Each period of 24 hours referred to in regulation 5 shall be reckoned from noon on the first day after removal during which the place at which the vehicle is stored is open for the claiming of vehicles before noon.

(4) For the purposes of regulations 4, 5 and 6 the MAM of a vehicle includes the MAM of any trailer attached to that vehicle.

(1)

S.I. 1986/1078, to which there are amendments not relevant to these Regulations.

(2)

S.I. 1999/2864, to which there are amendments not relevant to these Regulations.