31F.—(1) Subject to paragraphs (2) to (5), if a person uses on a road a light passenger vehicle[F3 or a vehicle to which the motorcycle type approval Directive applies]
(a)which has not been registered—
(i)under section 19 of the Vehicles (Excise) Act 1971, or
(ii)under the law of a member State other than the United Kingdom, and
(b)in respect of which no EC certificate of conformity has effect,
he shall be guilty of an offence under this Order.
(2) A person shall not be convicted of an offence under paragraph (1) in respect of[F3 the use of a light passenger vehicle] if he proves—
(a)that the vehicle was one in respect of which the grant of a licence under the Vehicles (Excise) Act 1971 was not prohibited by regulation 10 of the Motor Vehicles (EC Type Approval) Regulations 1992, or
(b)in the case of a vehicle in respect of which duty is not chargeable under that Act, that the vehicle was one whose registration under section 19 of that Act was not prohibited by that regulation.
[F3(2A) A person shall not be convicted of an offence under this Article in respect of the use of a vehicle to which the motorcycle type approval Directive applies if he proves that the vehicle was one in respect of which the grant of a licence or nil licence under the Vehicle Excise and Registration Act 1994 was not prohibited by regulation 16 of the Motor Cycles Etc. (EC Type Approval) Regulations 1999.]
(3) This Article does not apply in relation to a vehicle in respect of which a Department's approval certificate issued under Article 31A(4) of this Order or a Minister's approval certificate issued under section 58(1) of the Road Traffic Act 1988 has effect.
(4) This Article does not apply to the use of a vehicle under a trade licence (within the meaning of the Vehicles (Excise) Act 1971) in accordance with regulations made under section 16(2) of that Act.
(5) This Article does not apply in relation to a vehicle brought temporarily into Northern Ireland by a person resident outside the United Kingdom.
[F3(6) In the application of this Article to a vehicle to which the motorcycle type Approval Directive applies, any reference to a member State includes a reference to an EEA State.]]]