Road Traffic Act 1988

[F265A[F1Motor cycles not to be sold without EC certificate of conformity]E+W+S

(1)Subject to subsections (3) to (6) below, any person who supplies F3. . . [F4a vehicle to which the motorcycle type approval Directive applies] —

(a)which has not been registered—

(i)under [F5section 21 of the Vehicle Excise and Registration Act 1994], or

(ii)under the law of [F6an EEA State] other than the United Kingdom, and

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

is guilty of an offence.

(2)In this section references to supply include—

(a)sell,

(b)offer to sell or supply, and

(c)expose for sale.

(3)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8(3A)A person shall not be convicted of an offence under this section in respect of the supply of a vehicle F9. . . 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.]

(4)A person shall not be convicted of an offence under this section in respect of the supply of a vehicle if he proves—

(a)that it was supplied for export from the United Kingdom to a country which is not [F10an EEA State], or

(b)that he had reasonable cause to believe—

(i)that it would not be used on a road in the United Kingdom or any other [F11EEA State], or

(ii)that it would not be so used until an EC certificate of conformity had been issued in respect of it.

(5)This section does not apply in relation to the supply of a vehicle—

(a)to the Crown for naval, military or air force purposes,

(b)for the purposes of the military forces of any country outside the United Kingdom,

(c)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)to a [F13local policing body or] police authority for police purposes, or

(e)to any public authority in [F14an EEA State] outside the United Kingdom which has responsibilities for maintaining public order.

(6)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.

(7)Nothing in subsection (1) above shall affect the validity of a contract or any rights arising under or in relation to a contract.]

(8)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2S. 65A inserted (1.1.1993 for specified purposes and otherwise 1.1.1996) by S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 3

F4Words in s. 65A(1) inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 3(2)

F5Words in s. 65A(1)(a)(i) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(4)(a) (with s. 57(4))

F8S. 65A(3A) inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 3(4)