C2 Part II Construction and Use of Vehicles and Equipment

Annotations:
Modifications etc. (not altering text)

Miscellaneous

C183 Offences to do with reflectors and tail lamps.

A person who sells, or offers or exposes for sale, any appliance adapted for use as a reflector or tail lamp to be carried on a vehicle in accordance with the provisions of this Act or of any regulations made under it, not being an appliance which complies with the construction and use requirements applicable to a class of vehicles for which the appliance is adapted, is guilty of an offence.

84 Appointment of officials and destination of fees.

1

Subject to the consent of the Treasury as to number, the Secretary of State may appoint such officers and servants as he considers necessary for the operation of the provisions of sections 68 to 73 of this Act.

2

There shall be paid to F1examiners appointed under section 66A of this Act such remuneration or salaries and such allowances (if any) as the Secretary of State may, with the consent of the Treasury, determine.

3

In every year there shall be paid out of monies provided by Parliament such sums as the Secretary of State may, with the consent of the Treasury, direct in respect of the remuneration, salaries and allowances under subsection (2) above and the other expenses of examiners.

4

Any sum received by the Secretary of State in pursuance of sections 45, 46, 49 to 51, 54 to 62,72(9) and 80 of this Act shall be paid into the Consolidated Fund.

85 Interpretation of Part II.

In this Part of this Act—

  • F18...

  • F2EC certificate of conformity” means—

    1. a

      in the case of a light passenger vehicle, a certificate of conformity issued by a manufacturer under—

      1. i

        regulation 4 of the Motor Vehicles (EC Type Approval) Regulations 1992,

      2. ii

        regulation 5 of the Motor Vehicles (EC Type Approval) Regulations 1998,

      3. iii

        regulation 15(1) or 20(4) of the Road Vehicles (Approval) Regulations 2009, F30...

      4. iv

        any provision of the law of a member State F38... giving effect to Article 6 of the light passenger vehicle type approval Directive or Article 18 of the road vehicles type approval DirectiveF31, or

      5. v

        Article 36 or 37 of the road vehicles type approval Regulation F39or under Article 36 or 37 of that Regulation as it has effect in EU law;

    2. b

      F24in the case of a vehicle to which the motorcycle type approval Regulation applies, a certificate of conformity issued by a manufacturer under Article 38 of that Regulation F36or under Article 38 of that Regulation as it has effect in EU law;

    3. c

      F22in the case of a vehicle to which the tractor type approval Regulation applies, a certificate of conformity issued by a manufacturer under Article 33 of that Regulation F37or under Article 33 of that Regulation as it has effect in EU law;

    4. d

      in the case of any other vehicle, a certificate of conformity issued by a manufacturer under—

      1. i

        regulation 15(1) of the Road Vehicles (Approval) Regulations 2009, F32...

      2. ii

        any provision of the law of a member State F40... giving effect to Article 18 of the road vehicles type approval DirectiveF33, or

      3. iii

        Article 36 or 37 of the road vehicles type approval Regulation F41or under Article 36 or 37 of that Regulation as it has effect in EU law;

  • F3EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;

  • EEA State” means a state which is a contracting Party to the EEA Agreement;

  • F21“the EU Tachographs Regulation” means Regulation (EU) No. 165/2914 of the European Parliament and of the Council on tachographs in road transport as read with the Community Drivers’ Hours and Recording Equipment Regulations 2007;

  • F4. . .

  • F5“light passenger vehicle” means any motor vehicle which—

    1. a

      has at least four wheels,

    2. b

      F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. c

      is constructed or adapted for use for the carriage of passengers and is not a goods vehicle,

    4. d

      has no more than eight seats in addition to the driver’s seat, and

    5. e

      has a maximum design speed exceeding 25 kilometres per hour,

    but does not include a quadricycle within the meaning of Article F254 of the motorcycle type approval F26RegulationF7. . .

  • “the light passenger vehicle type approval Directive” means Council Directive 70/156/EEC of 6th February 1970 on the approximation of the laws of the member States relating to the type-approval of motor vehicles and their trailers as amended by Council Directive 87/403/EEC of 25th June 1987 and Council Directive 92/53/EEC of 18th June 1992,

  • F27the motorcycle type approval Regulation” means Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15th January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles as it may be amended from time to time,

  • official testing station” means a testing station maintained by the Secretary of State under section F872A of this Act,

  • prescribed” means prescribed by regulations made by the Secretary of State,

  • F9public service vehicle” has the same meaning as in the Public Passenger Vehicles Act 1981,

  • F10the road vehicles type approval Directive” means Directive 2007/46/EC of the European Parliament and of the Council of 5th September 2007 establishing a framework for the approval of motor vehicles and their trailers and of systems, components and separate technical units intended for such vehicles,

  • F34the road vehicles type approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles,

  • sold or supplied by retail” means sold or supplied otherwise than to a person acquiring solely for the purpose of resale or of re-supply for a valuable consideration,

  • tail lamp” means, in relation to a vehicle, any lamp carried attached to the vehicle for the purpose of showing a red light to the rear in accordance with regulations under section 41 of this Act,

  • F23the tractor type approval Regulation” means Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5th February 2013 on the approval and market surveillance of agricultural and forestry vehicles as it may be amended from time to time,

  • traffic area” has the same meaning as in the Public Passenger Vehicles Act 1981 M1, and

  • vehicle part” means any article which is a motor vehicle part, within the meaning of section 80 of this Act, and any other article which is made or adapted for use as part of, or as part of the equipment of, a vehicle which is intended or adapted to be used on roads but which is not a motor vehicle within the meaning of that section.

86 Index to Part II.

The expressions listed in the left-hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Part of this Act listed in the right-hand column in relation to those expressions.

Certificate of conformity

F11Section 57(1A)

F19. . .

F19. . .

Construction and use requirements

Section 41(7)

Design weights

Section 54(3)

F12EC certificate of conformity

F12 Section 85

F20EU Tachographs Regulation

section 85

Examination for plating

Section 49(4)

Goods vehicle examiner

Section 68(2)

Goods vehicle test

Section 49(4)

Goods vehicle test certificate

Section 49(2)(b)

F13. . .

F13. . .

F14Light passenger vehicle

F14 Section 85

F14Light passenger vehicle type approval Directive

F14 Section 85

Minister’s approval certificate

Section 58(1)

F29Motorcycle type approval Regulation

Section 85

Official testing station

Section 85

Plating certificate

Section 49(2)(a)

Plated particulars

Section 41(7)

Plated weights

Section 41(7)

Prescribed

Section 85

F15Public service vehicle

F15Section 85

Relevant aspects of design, construction, equipment and marking

Section 54(6)

F16Road vehicles type approval Directive

Section 85

F35Road vehicles type approval Regulation

Section 85

Sold or supplied by retail

Section 85

F17Stopping officer

Section 66B

Tail lamp

Section 85

Test certificate

Section 45(2)

F28Tractor type approval Regulation

Section 85

Traffic area

Section 85

Type approval certificate

Section 55(2)

Type approval requirements

Section 54(1)

F15Vehicle examiner

F15Section 66A

Vehicle part

Section 85