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

Approval of design, construction, equipment and marking of vehicles E+W+S

[F2 64A[F1 Failure to hold EC certificate of conformity for unregistered motor cycle or tractor] E+W+S

(1) Subject to subsections (2) to (5) below, if a person uses on a road F3 . . . [F4 a vehicle to which the motorcycle type approval Directive [F5 or tractor type approval Directive] applies]—

(a) which has not been registered-

(i) under [F6 section 21 of the Vehicle Excise and Registration Act 1994], or

(ii) under the law of [F7 an EEA State] other than the United Kingdom, and

(b) in respect of which no EC certificate of conformity has effect,

he is guilty of an offence.

(2) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9 (2A) A person shall not be convicted of an offence under this section 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 section does not apply in relation to a vehicle in respect of which a Minister’s approval certificate issued under section 58(1) of this Act or a Department’s approval certificate issued under Article 31A(4) of the Road Traffic (Northern Ireland) Order 1981 has effect.

(4) This section does not apply to the use of a vehicle under a trade licence (within the meaning of [F10 the Vehicle Excise and Registration Act 1994]) in accordance with regulations made under [F11 section 12(2)] of that Act.

(5) This section does not apply in relation to a vehicle brought temporarily into Great Britain by a person resident outside the United Kingdom.]

(6) F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 64A: heading substituted (29.4.2009) by virtue of The Road Vehicles (Approval) (Consequential Amendments) Regulations 2009 (S.I. 2009/818), reg. 3(3)

F2 S. 64A inserted (1.1.1993 for specified purposes and otherwise 1.1.1996) by S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 2.

F3 Words in s. 64A(1) omitted (29.4.2009) by virtue of The Road Vehicles (Approval) (Consequential Amendments) Regulations 2009 (S.I. 2009/818), reg. 3(2)(a)(i)

F4 Words in s. 64A(1) inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 2(2)

F5 Words in s. 64A(1) inserted (1.7.2005) by The Tractor etc (EC Type-Approval) Regulations 2005 (S.I. 2005/390), reg. 14

F6 Words in s. 64A(1)(a)(i) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(3)(a) (with s. 57(4))

F7 Words in s. 64A(1)(a)(ii) substituted (29.4.2009) by The Road Vehicles (Approval) (Consequential Amendments) Regulations 2009 (S.I. 2009/818), reg. 3(2)(a)(ii)

F8 S. 64A(2) omitted (29.4.2009) by virtue of The Road Vehicles (Approval) (Consequential Amendments) Regulations 2009 (S.I. 2009/818), reg. 3(2)(b)

F9 S. 64A(2A) inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 2(4)

F10 Words in s. 64A(4) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(3)(c)(i) (with s. 57(4))

F11 Words in s. 64A(4) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(3)(c)(ii) (with s. 57(4))

F12 S. 64A(6) omitted (29.4.2009) by virtue of The Road Vehicles (Approval) (Consequential Amendments) Regulations 2009 (S.I. 2009/818), reg. 3(2)(c)