Modifications etc. (not altering text)
C1Pt. II modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), art. 27
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)
C2S. 83 restricted (1.7.1992) by S.I. 1992/1217, reg.7 (with reg. 11).
(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.
Textual Amendments
F1Words 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.
In this Part of this Act—
F2...
[F3“EC certificate of conformity” means—
in the case of a light passenger vehicle, a certificate of conformity issued by a manufacturer under—
regulation 4 of the Motor Vehicles (EC Type Approval) Regulations 1992,
regulation 5 of the Motor Vehicles (EC Type Approval) Regulations 1998,
regulation 15(1) or 20(4) of the Road Vehicles (Approval) Regulations 2009, F4...
any provision of the law of a member State other than the United Kingdom giving effect to Article 6 of the light passenger vehicle type approval Directive or Article 18 of the road vehicles type approval Directive[F5, or
Article 36 or 37 of the road vehicles type approval Regulation;]
[F6in 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;]
[F7in 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;]
in the case of any other vehicle, a certificate of conformity issued by a manufacturer under—
regulation 15(1) of the Road Vehicles (Approval) Regulations 2009, F8...
any provision of the law of a member State other than the United Kingdom giving effect to Article 18 of the road vehicles type approval Directive[F9, or
Article 36 or 37 of the road vehicles type approval Regulation;]]
[F10“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;
[F11“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;]
F12. . .
[F13“light passenger vehicle” means any motor vehicle which—
has at least four wheels,
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
is constructed or adapted for use for the carriage of passengers and is not a goods vehicle,
has no more than eight seats in addition to the driver’s seat, and
has a maximum design speed exceeding 25 kilometres per hour,
but does not include a quadricycle within the meaning of Article [F154] of the motorcycle type approval [F16Regulation] F17. . .
“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,
[F18“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 [F1972A] of this Act,
“prescribed” means prescribed by regulations made by the Secretary of State,
F20[“public service vehicle” has the same meaning as in the Public Passenger Vehicles Act 1981,]
[F21“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,]
[F22“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,
[F23“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
F2Words 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)
F3S. 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)
F4Word 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)
F5Words 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)
F6Words 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)
F7Words 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)
F8Word 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)
F9Words 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)
F10In s. 85 definition of "EEA Agreement" inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 4(3)
F11Words 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)
F12in 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
F13In 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)
F14S. 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)
F15Word 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)
F16Word 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)
F17S. 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)
F18Words 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)
F19Word 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.
F20Definition 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.
F21S. 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)
F22Words 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)
F23Words 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
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 | [F24Section 57(1A)] |
| F25. . . | F25. . . |
| Construction and use requirements | Section 41(7) |
| Design weights | Section 54(3) |
| [F26EC certificate of conformity] | [F26 Section 85 ] |
| [F27EU 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) |
| F28. . . | F28. . . |
| [F29Light passenger vehicle] | [F29 Section 85] |
| [F29Light passenger vehicle type approval Directive] | F29 Section 85 |
| Minister’s approval certificate | Section 58(1) |
| [F30Motorcycle 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 |
| [F31Public service vehicle] | [F31Section 85] |
| Relevant aspects of design, construction, equipment and marking | Section 54(6) |
| [F32Road vehicles type approval Directive | Section 85] |
| [F33Road vehicles type approval Regulation | Section 85] |
| Sold or supplied by retail | Section 85 |
| [F34Stopping officer | Section 66B] |
| Tail lamp | Section 85 |
| Test certificate | Section 45(2) |
| [F35Tractor type approval Regulation] | Section 85 |
| Traffic area | Section 85 |
| Type approval certificate | Section 55(2) |
| Type approval requirements | Section 54(1) |
| [F31Vehicle examiner] | [F31Section 66A] |
| Vehicle part | Section 85 |
Textual Amendments
F24Words 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).
F25Words 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)
F26Words 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).
F27Words 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)
F28Words 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
F29Words 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).
F30Words 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)
F31Words 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.
F32Words 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)
F33Words 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)
F34Words 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)
F35Words 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)