PART IV

Miscellaneous and Supplemental

Miscellaneous

Definition of heavy commercial vehicle
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1
In section 104 of the 1967 Act (general interpretation provisions) the following subsections shall be inserted after subsection (1) (in substitution for subsections (1A) to (1E) inserted by section 1(7) of the Heavy Commercial Vehicles (Controls and Regulations) Act 1973)—
1A
In this Act "heavy commercial vehicle" means any goods vehicle which has an operating weight exceeding 7*5 tonnes.
1B
The operating weight of a goods vehicle for the purposes of this section is—
a
in the case of a motor vehicle not drawing a trailer, or in the case of a trailer, its maximum laden weight;
b
in the case of an articulated vehicle, its maximum laden weight (if it has one) and otherwise the aggregate maximum laden weight of all the individual vehicles forming part of that articulated vehicle; and
c
in the case of a motor vehicle (other than an articulated vehicle) drawing one or more trailers, the aggregate maximum laden weight of the motor vehicle and the trailer or trailers attached to it.
1C
In this section—
- " articulated vehicle " means a motor vehicle with a trailer so attached to it as to be partially superimposed upon it;
- " goods vehicle" has the same meaning (except as provided by subsection (1D) below) as in the Road Traffic Act 1972;
and references to the maximum laden weight of a vehicle are references to the total laden weight which must not be exceeded in the case of that vehicle if it is to be used in Great Britain without contravening any regulations for the time being in force under section 40 of that Act (construction and use regulations).
1D
In this section, and in the definition of " goods vehicle " in section 196(1) of that Act as it applies for the purposes of this section, " trailer " means any vehicle other than a motor vehicle.
1E
The Secretary of State may by regulations amend subsections (1A) and (1B) above (whether as originally enacted or as previously amended under this subsection)—
a
by substituting weights of a different description for any of the weights there mentioned; or
b
in the case of subsection (1A) above, by substituting a weight of a different description or amount, or a weight different both in description and amount, for the weight there mentioned.
1F
Different regulations may be made under subsection (IE) above for the purpose of different provisions of this Act and as respects different classes of vehicles or as respects the same class of vehicles in different circumstances and as respects different times of the day or night and as respects roads in different localities.
1G
Regulations under subsection (IE) above shall not so amend subsection (1A) above that there is any case in which a goods vehicle whose operating weight (ascertained in accordance with subsection (1B) above as originally enacted) does not exceed 7-5 tonnes is a heavy commercial vehicle for any of the purposes of this Act
.
2
In section 36A of the 1972 Act (prohibition of parking of heavy commercial vehicles on verges and footways), for subsections (5) to (9) (which contain a definition of " heavy commercial vehicle " which corresponds to that replaced for the purposes of the 1967 Act by the definition inserted in section 104 of that Act by subsection (1) above) there shall be substituted the following subsections—
5
In this section " heavy commercial vehicle " means any goods vehicle which has an operating weight exceeding 7-5 tonnes.
6
The operating weight of a goods vehicle for the purposes of this section is—
a
in the case of a motor vehicle not drawing a trailer or in the case of a trailer, its maximum laden weight;
b
in the case of an articulated vehicle, its maximum laden weight (if it has one) and otherwise the aggregate maximum laden weight of all the individual vehicles forming part of that articulated vehicle; and
c
in the case of a motor vehicle (other than an articulated vehicle) drawing one or more trailers, the aggregate maximum laden weight of the motor vehicle and the trailer or trailers attached to it
7
In this section " articulated vehicle " means a motor vehicle with a trailer so attached to it as to be partially superimposed upon it; and references to the maximum laden weight of a vehicle are references to the total laden weight which must not be exceeded in the case of that vehicle if it is to be used in Great Britain without contravening any regulations for the time being in force under section 40 of this Act.
8
In this section, and in the definition of "goods vehicle " in section 196(1) of this Act as it applies for the purposes of this section, " trailer " means any vehicle other than a motor vehicle.
9
The Secretary of State may by regulations amend subsections (5) and (6) above (whether as originally enacted or as previously amended under this subsection)—
a
by substituting weights of a different description for any of the weights there mentioned ; or
b
in the case of subsection (5) above, by substituting a weight of a different description or amount, or a weight different both in description and amount, for the weight there mentioned.
10
Different regulations may be made under subsection (9) above as respects different classes of vehicles or as respects the same class of vehicles in different circumstances and as respects different times of the day or night and as respects different localities.
11
Regulations under subsection (9) above shall not so amend subsection (5) above that there is any case in which a goods vehicle whose operating weight (ascertained in accordance with subsection (6) above as originally enacted) does not exceed 7-5 tonnes is a heavy commercial vehicle for any of the purposes of this section.
.
3
For the purpose of determining whether or not any vehicle is a heavy commercial vehicle for the purposes of a traffic regulation order or experimental traffic order—
a
made before 13th August 1981 (whether or not varied or, in the case of an experimental traffic order, continued after that date); and
b
including any such provision as is referred to in section 1 (3AA) of the 1967 Act;
the new definition shall not apply during the transitional period and the previous definition shall continue to apply during that period.
4
In subsection (3) above—
- "experimental traffic order" has the same meaning as it has in section 9 of the 1967 Act, but does not include an order in respect of traffic on roads in Greater London ;
- " the new definition " means section 104(1A) to (1G) of that Act, as it has effect by virtue of subsection (1) above;
- " the previous definition " means section 104(1A) to (IE) of that Act, as it had effect before the coming into force of this section ;
- " traffic regulation order " has the same meaning as it has in section 1 of that Act; and
- " transitional period" means the period beginning with the coming into force of this section and ending with 31st December 1989.
1973 c. 44.
1972 c. 20.