Road Traffic Act 1988 (c. 52)

Part II U.K. Construction and Use of Vehicles and Equipment

Modifications etc. (not altering text)

C1 Pt. II modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), art. 27

Miscellaneous E+W+S

83 Offences to do with reflectors and tail lamps. E+W+S

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.

Modifications etc. (not altering text)

C2 S. 83 restricted (1.7.1992) by S.I. 1992/1217, reg.7 (with reg. 11).

84 Appointment of officials and destination of fees. E+W+S

(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 [F1 examiners 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.

Textual Amendments

F1 Words in s. 84(2) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 60; S.I. 1992/1286, art. 2,Sch.

85 Interpretation of Part II. E+W+S

In this Part of this Act—

• F2 ...

• [F3 “EC certificate of conformity” means—

  (a)

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

  (i)

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

  (ii)

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

  (iii)

  regulation 15(1) or 20(4) of the Road Vehicles (Approval) Regulations 2009, F4 ...

  (iv)

  any provision of the law of a member State F5 ... giving effect to Article 6 of the light passenger vehicle type approval Directive or Article 18 of the road vehicles type approval Directive[F6 , or

  (v)

  Article 36 or 37 of the road vehicles type approval Regulation [F7 or under Article 36 or 37 of that Regulation as it has effect in EU law];]

  (b)

  [F8 in 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 [F9 or under Article 38 of that Regulation as it has effect in EU law];]

  (c)

  [F10 in 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 [F11 or under Article 33 of that Regulation as it has effect in EU law];]

  (d)

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

  (i)

  regulation 15(1) of the Road Vehicles (Approval) Regulations 2009, F12 ...

  (ii)

  any provision of the law of a member State F13 ... giving effect to Article 18 of the road vehicles type approval Directive[F14 , or

  (iii)

  Article 36 or 37 of the road vehicles type approval Regulation [F15 or under Article 36 or 37 of that Regulation as it has effect in EU law];]]

• [F16 “EEA 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;

• [F17 “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;]

• F18 . . .

• [F19 “light passenger vehicle” means any motor vehicle which—

  (a)

  has at least four wheels,

  (b)

  F20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  (c)

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

  (d)

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

  (e)

  has a maximum design speed exceeding 25 kilometres per hour,

  but does not include a quadricycle within the meaning of Article [F21 4] of the motorcycle type approval [F22 Regulation] F23 . . .

• “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,

• [F24 “the 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 [F25 72A] of this Act,

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

• F26 [“public service vehicle” has the same meaning as in the Public Passenger Vehicles Act 1981,]

• [F27 “the 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,]

• [F28 “the 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,

• [F29 “the 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.

Textual Amendments

F2 Words in s. 85(1) omitted (2.3.2016) by virtue of The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 12(3)

F3 S. 85: definition of "EC certificate of conformity" substituted (29.4.2009) by virtue of The Road Vehicles (Approval) (Consequential Amendments) Regulations 2009 (S.I. 2009/818), reg. 3(6)(a)

F4 Word in s. 85 omitted (1.9.2020) by virtue of The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 2(4)(a)(i) (with Sch. 4 paras. 16, 17)

F5 Words in s. 85 omitted (temp.) (31.12.2020 for a period of two years at the end of which this amending provision will expire) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/648), regs. 1(b)(ii), 2(5)(a)(i) (with reg. 11) (as amended by S.I. 2020/818, reg. 1(b), Sch. 6 para. 39(2)(c)(i) (with Sch. 4 paras. 16, 17) and S.I. 2020/1393, regs. 1(2), 2(12))

F6 Words in s. 85 inserted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 2(4)(a)(ii) (with Sch. 4 paras. 16, 17)

F7 Words in s. 85 inserted (temp.) (31.12.2020 for a period of two years at the end of which this amending provision will expire) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/648), regs. 1(b)(ii), 2(5)(a)(ii) (with reg. 11) (as amended by S.I. 2020/818, reg. 1(b), Sch. 6 para. 39(2)(c)(i) (with Sch. 4 paras. 16, 17) and S.I. 2020/1393, regs. 1(2), 2(12))

F8 Words in s. 85(1) substituted (20.5.2018) by The Motorcycles (Type-Approval) Regulations 2018 (S.I. 2018/235), reg. 1(b), Sch. 2 para. 1(3)(a) (with reg. 1(c), Sch. 1 paras. 16, 17)

F9 Words in s. 85 inserted (temp.) (31.12.2020 for a period of two years at the end of which this amending provision will expire) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/648), regs. 1(b)(ii), 2(5)(b) (with reg. 11) (as amended by S.I. 2020/1393, regs. 1(2), 2(12)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in s. 85(1) substituted (20.5.2018) by The Agricultural and Forestry Vehicles (Type-Approval) Regulations 2018 (S.I. 2018/236), reg. 1(b), Sch. 2 para. 1(3)(a) (with reg. 1(c), Sch. 1 paras. 16, 17)

F11 Words in s. 85 inserted (temp.) (31.12.2020 for a period of two years at the end of which this amending provision will expire) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/648), regs. 1(b)(ii), 2(5)(c) (with reg. 11) (as amended by S.I. 2020/1393, regs. 1(2), 2(12)); 2020 c. 1, Sch. 5 para. 1(1)

F12 Word in s. 85 omitted (1.9.2020) by virtue of The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 2(4)(b)(i) (with Sch. 4 paras. 16, 17)

F13 Words in s. 85 omitted (temp.) (31.12.2020 for a period of two years at the end of which this amending provision will expire) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/648), regs. 1(b)(ii), 2(5)(d)(i) (with reg. 11) (as amended by S.I. 2020/818, reg. 1(b), Sch. 6 para. 39(2)(c)(ii) (with Sch. 4 paras. 16, 17) and S.I. 2020/1393, regs. 1(2), 2(12))

F14 Words in s. 85 inserted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 2(4)(b)(ii) (with Sch. 4 paras. 16, 17)

F15 Words in s. 85 inserted (temp.) (31.12.2020 for a period of two years at the end of which this amending provision will expire) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/648), regs. 1(b)(ii), 2(5)(d)(ii) (with reg. 11) (as amended by S.I. 2020/818, reg. 1(b), Sch. 6 para. 39(2)(c)(ii) (with Sch. 4 paras. 16, 17) and S.I. 2020/1393, regs. 1(2), 2(12))

F16 In s. 85 definition of "EEA Agreement" inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 4(3)

F17 Words in s. 85(1) inserted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 12(3)

F18 in s. 85 definition of "licensing authority" repealed (1.1.1996) by 1995 c. 23, s. 60(1)(2), Sch. 7 para. 13, Sch. 8 Pt. I; S.I. 1995/2181, art. 2

F19 In s. 85 definitions of "light passenger vehicle", "the light passenger vehicle type approval Directive" and "the motorcycle type approval Directive" inserted (1.1.1993) by S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 5(2)(b)

F20 S. 85: para. (b) in definition of "light passenger vehicle" omitted (29.4.2009) by virtue of The Road Vehicles (Approval) (Consequential Amendments) Regulations 2009 (S.I. 2009/818), reg. 3(6)(b)(i)

F21 Word in s. 85(1) substituted (20.5.2018) by The Motorcycles (Type-Approval) Regulations 2018 (S.I. 2018/235), reg. 1(b), Sch. 2 para. 1(3)(b)(i) (with reg. 1(c), Sch. 1 paras. 16, 17)

F22 Word in s. 85(1) substituted (20.5.2018) by The Motorcycles (Type-Approval) Regulations 2018 (S.I. 2018/235), reg. 1(b), Sch. 2 para. 1(3)(b)(ii) (with reg. 1(c), Sch. 1 paras. 16, 17)

F23 S. 85: words in definition omitted (29.4.2009) by virtue of The Road Vehicles (Approval) (Consequential Amendments) Regulations 2009 (S.I. 2009/818), reg. 3(6)(b)(ii)

F24 Words in s. 85(1) substituted (20.5.2018) by The Motorcycles (Type-Approval) Regulations 2018 (S.I. 2018/235), reg. 1(b), Sch. 2 para. 1(3)(c) (with reg. 1(c), Sch. 1 paras. 16, 17)

F25 Word in s. 85 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 61(a); S.I. 1992/1286, art. 2, Sch.

F26 Definition in s. 85 inserted (1.7.1992) (after the definition of "prescribed") by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 61(b); S.I. 1992/1286, art. 2, Sch.

F27 S. 85: definition of "the road vehicles type approval Directive" inserted (29.4.2009) by The Road Vehicles (Approval) (Consequential Amendments) Regulations 2009 (S.I. 2009/818), reg. 3(6)(c)

F28 Words in s. 85 inserted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 2(5) (with Sch. 4 paras. 16, 17)

F29 Words in s. 85(1) substituted (20.5.2018) by The Agricultural and Forestry Vehicles (Type-Approval) Regulations 2018 (S.I. 2018/236), reg. 1(b), Sch. 2 para. 1(3)(b) (with reg. 1(c), Sch. 1 paras. 16, 17)

Marginal Citations

M1 1981 c. 14.

86 Index to Part II. E+W+S

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	[F30 Section 57(1A)]
F31 . . .	F31 . . .
Construction and use requirements	Section 41(7)
Design weights	Section 54(3)
[F32 EC certificate of conformity]	[F32 Section 85 ]
[F33 EU 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)
F34 . . .	F34 . . .
[F35 Light passenger vehicle]	[F35 Section 85]
[F35 Light passenger vehicle type approval Directive]	F35 Section 85
Minister’s approval certificate	Section 58(1)
[F36 Motorcycle 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
[F37 Public service vehicle]	[F37 Section 85]
Relevant aspects of design, construction, equipment and marking	Section 54(6)
[F38 Road vehicles type approval Directive	Section 85]
[F39 Road vehicles type approval Regulation	Section 85]
Sold or supplied by retail	Section 85
[F40 Stopping officer	Section 66B]
Tail lamp	Section 85
Test certificate	Section 45(2)
[F41 Tractor type approval Regulation]	Section 85
Traffic area	Section 85
Type approval certificate	Section 55(2)
Type approval requirements	Section 54(1)
[F37 Vehicle examiner]	[F37 Section 66A]
Vehicle part	Section 85

Textual Amendments

F30 Words in the Table in s. 86 substituted (1.1.1993) by S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 5(3)(a).

F31 Words in s. 86 omitted (2.3.2016) by virtue of The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 12(4)

F32 Words in the Table in s. 86 inserted (1.1.1993) by S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 5(3)(b).

F33 Words in s. 86 inserted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 12(4)

F34 Words in Table in s. 86 repealed (1.1.1996) by 1995 c. 23, s. 60(1)(2), Sch. 7 para. 14, Sch. 8 Pt. I (with ss. 54, 55); S.I. 1995/2181, art. 2

F35 Words in the Table in s. 86 inserted (1.1.1993) by S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 5(3)(b).

F36 Words in s. 86 substituted (20.5.2018) by The Motorcycles (Type-Approval) Regulations 2018 (S.I. 2018/235), reg. 1(b), Sch. 2 para. 1(4) (with reg. 1(c), Sch. 1 paras. 16, 17)

F37 Words in the Table in s. 86 inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 62; S.I. 1992/1286, art. 2, Sch.

F38 Words in the Table in s. 86 inserted (29.4.2009) by The Road Vehicles (Approval) (Consequential Amendments) Regulations 2009 (S.I. 2009/818), reg. 3(7)

F39 Words in s. 86 Table inserted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 2(6) (with Sch. 4 paras. 16, 17)

F40 Words in the Table in s. 86 inserted (30.3.2011) by The Road Vehicles (Powers to Stop) Regulations 2011 (S.I. 2011/996), regs. 1, 2(5)

F41 Words in s. 86 substituted (20.5.2018) by The Agricultural and Forestry Vehicles (Type-Approval) Regulations 2018 (S.I. 2018/236), reg. 1(b), Sch. 2 para. 1(4) (with reg. 1(c), Sch. 1 paras. 16, 17)