Hydrocarbon Oil Duties Act 1979

[F1 SCHEDULE 1 U.K. EXCEPTED VEHICLES

Textual Amendments

F1 Sch. 1 substituted (1.7.1995) by 1995 c. 4, s. 8(2)(3)

Unlicensed vehicles not used on public roads U.K.

1 (1) A vehicle is an excepted vehicle while— U.K.

(a) it is not used on a public road, F2 ...

(b) no licence under the M1 Vehicle Excise and Registration Act 1994 is in force in respect of it[F3 , and

(c) it is kept by a person who has furnished such particulars and made such declarations as may be prescribed by regulations under section 22(1D) of that Act.]

(2) A vehicle in respect of which there is current a certificate or document in the form of a licence issued under regulations under section 22(2) of the Vehicle Excise and Registration Act 1994 shall be treated for the purposes of sub-paragraph (1) above as a vehicle in respect of which a licence under that Act is in force.

Textual Amendments

F2 Word in Sch. 1 para. 1 omitted (1.4.2007) by virtue of The Excepted Vehicles (Amendment of Schedule 1 to the Hydrocarbon Oil Duties Act 1979) Order 2007 (S.I. 2007/93), arts. 1(2), 3(1)

F3 Sch. 1 para. 1(c) and preceding word inserted (1.4.2007) by The Excepted Vehicles (Amendment of Schedule 1 to the Hydrocarbon Oil Duties Act 1979) Order 2007 (S.I. 2007/93), arts. 1(2), 3(2)

Marginal Citations

M1 1994 c. 22.

Tractors U.K.

2 (1) A vehicle is an excepted vehicle if it is— U.K.

(a) an agricultural tractor, F4 . . .

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (2) In sub-paragraph (1) above “agricultural tractor” means a tractor which—

(a) is designed and constructed primarily for use otherwise than on roads, and

(b) is [F6 not used on public roads otherwise than] for—

(i) purposes relating to agriculture, horticulture or forestry;

(ii) cutting verges bordering public roads; F7 ...

(iii) cutting hedges or trees bordering public roads or bordering verges which border public roads.]

[F8 (iv) spreading material on roads to deal with frost, ice or snow;

(v) proceeding to and from the place where the tractor is to be used or has been used for the purpose in sub-paragraph (iv); or

(vi) collecting or returning equipment or material needed for the purpose in sub-paragraph (iv).]

F9 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 1 para. 2(1)(b) and the word “or” immediately preceding it repealed (28.7.2000 with effect in relation to the use of rebated heavy fuel on or after 1.5.2000) by 2000 c. 17, ss. 9(2)(a)(3), 156, Sch. 40 Pt. I(1) Note 3

F5 Sch. 1 para. 2(2) substituted for Sch. 1 para. 2(2)(3) (1.4.2007) by The Excepted Vehicles (Amendment of Schedule 1 to the Hydrocarbon Oil Duties Act 1979) Order 2007 (S.I. 2007/93), arts. 1(2), 4

F6 Words in Sch. 1 para. 2(2)(b) substituted (1.11.2013) by The Excepted Vehicles (Amendment of Schedule 1 to the Hydrocarbon Oil Duties Act 1979) Order 2013 (S.I. 2013/2799), arts. 1, 3(a)

F7 Word in Sch. 1 para. 2(2)(b)(ii) omitted (1.11.2013) by virtue of The Excepted Vehicles (Amendment of Schedule 1 to the Hydrocarbon Oil Duties Act 1979) Order 2013 (S.I. 2013/2799), arts. 1, 3(b)

F8 Sch. 1 para. 2(2)(b)(iv)-(vi) inserted (1.11.2013) by The Excepted Vehicles (Amendment of Schedule 1 to the Hydrocarbon Oil Duties Act 1979) Order 2013 (S.I. 2013/2799), arts. 1, 3(c)

F9 Sch. 1 para. 2(4) repealed (28.7.2000 with effect in relation to the use of rebated heavy fuel on or after 1.5.2000) by 2000 c. 17, ss. 9(2)(b)(3), 156, Sch. 40 Pt. I(1) Note 3

Light agricultural vehicles U.K.

3 (1) A vehicle is an excepted vehicle if it is a light agricultural vehicle. U.K.

(2) In sub-paragraph (1) above “light agricultural vehicle” means a vehicle which—

(a) has a revenue weight not exceeding 1,000 kilograms,

(b) is designed and constructed so as to seat only the driver,

(c) is designed and constructed primarily for use otherwise than on roads, and

[F10 (d) is not used otherwise than for—

(i) purposes relating to agriculture, horticulture or forestry;

(ii) spreading material on roads to deal with frost, ice or snow;

(iii) proceeding to and from the place where the vehicle is to be used or has been used for the purpose in sub-paragraph (ii); or

(iv) collecting or returning equipment or material needed for the purpose in sub-paragraph (ii).]

(3) In sub-paragraph (2)(a) above “revenue weight” has the meaning given by section 60A of the M2 Vehicle Excise and Registration Act 1994.

Textual Amendments

F10 Sch. 1 para. 3(2)(d) substituted (1.11.2013) by The Excepted Vehicles (Amendment of Schedule 1 to the Hydrocarbon Oil Duties Act 1979) Order 2013 (S.I. 2013/2799), arts. 1, 4

Marginal Citations

M2 1994 c. 22.

[F11 Agricultural material handlers U.K.

Textual Amendments

F11 Sch. 1 para. 3A and cross-heading inserted (1.4.2007) by The Excepted Vehicles (Amendment of Schedule 1 to the Hydrocarbon Oil Duties Act 1979) Order 2007 (S.I. 2007/93), arts. 1(2), 5

3A. (1) An agricultural material handler is an excepted vehicle. U.K.

(2) In sub-paragraph (1) above an “agricultural material handler” means a vehicle which is—

(a) designed and constructed primarily for use otherwise than on roads,

(b) designed to lift goods or burden, and

(c) [F12 not used on public roads otherwise than] for —

(i) purposes relating to agriculture, horticulture or forestry;

(ii) cutting verges bordering public roads; F13 ...

(iii) cutting hedges or trees bordering public roads or bordering verges which border public roads.

[F14 (iv) spreading material on roads to deal with frost, ice or snow;

(v) proceeding to and from the place where the vehicle is to be used or has been used for the purpose in sub-paragraph (iv); or

(vi) collecting or returning equipment or material needed for the purpose in sub-paragraph (iv).]]

Textual Amendments

F12 Words in Sch. 1 para. 3A(2)(c) substituted (1.11.2013) by The Excepted Vehicles (Amendment of Schedule 1 to the Hydrocarbon Oil Duties Act 1979) Order 2013 (S.I. 2013/2799), arts. 1, 5(a)

F13 Word in Sch. 1 para. 3A(2)(c)(ii) omitted (1.11.2013) by virtue of The Excepted Vehicles (Amendment of Schedule 1 to the Hydrocarbon Oil Duties Act 1979) Order 2013 (S.I. 2013/2799), arts. 1, 5(b)

F14 Sch. 1 paras. 3A(2)(c)(iv)-(vi) inserted (1.11.2013) by The Excepted Vehicles (Amendment of Schedule 1 to the Hydrocarbon Oil Duties Act 1979) Order 2013 (S.I. 2013/2799), arts. 1, 5(c)

Agricultural engines U.K.

4 [F15 (1)] An agricultural engine is an excepted vehicle. U.K.

[F16 (2) In sub-paragraph (1) above “agricultural engine” means a vehicle which—

(a) is designed and constructed primarily for use otherwise than on roads,

(b) is designed, and used, solely for purposes relating to agriculture, horticulture or forestry,

(c) is used on public roads only for proceeding to and from the place where it is to be or has been used for those purposes, and

(d) when so proceeding does not carry any load except such as is necessary for its propulsion or for the operation of any machinery built-in or permanently attached to the vehicle.]

Textual Amendments

F15 Sch. 1 para. 4(1) renumbered (1.4.2007) by The Excepted Vehicles (Amendment of Schedule 1 to the Hydrocarbon Oil Duties Act 1979) Order 2007 (S.I. 2007/93), arts. 1(2), 6

F16 Sch. 1 para. 4(2) added (1.4.2007) by The Excepted Vehicles (Amendment of Schedule 1 to the Hydrocarbon Oil Duties Act 1979) Order 2007 (S.I. 2007/93), arts. 1(2), 6

[F17 Agricultural processing vehicles U.K.

Textual Amendments

F17 Sch. 1 para. 4A and cross-heading inserted (1.4.2007) by The Excepted Vehicles (Amendment of Schedule 1 to the Hydrocarbon Oil Duties Act 1979) Order 2007 (S.I. 2007/93), arts. 1(2), 7

4A. (1) An agricultural processing vehicle is an excepted vehicle. U.K.

(2) In sub-paragraph (1) above “an agricultural processing vehicle” means a vehicle which—

(a) is used for the conveyance of built-in processing machinery,

(b) is used on public roads only for proceeding to and from the place where that processing machinery is to be used, and

(c) when so proceeding does not carry any load except such as is necessary for its propulsion or for the operation of the processing machinery.

(3) Built-in processing machinery means machinery built in as part of, or permanently attached to, the vehicle that is used for the processing of agricultural, horticultural or forestry produce whilst the vehicle is stationary.]

Vehicles used between different parts of land U.K.

5 [F18 (1)] A vehicle is an excepted vehicle if— U.K.

(a) it is used only for purposes relating to agriculture, horticulture or forestry,

(b) it is used on public roads only in passing between different areas of land occupied by the same person, F19 ...

(c) the distance it travels on public roads in passing between any two such areas does not exceed 1.5 kilometres[F20 , and

(d) a nil licence is in force in respect of it.

(2) In sub-paragraph (1) above “nil licence” has the meaning given by section 62 of the Vehicle Excise and Registration Act 1994.]

Textual Amendments

F18 Sch. 1 para. 5(1) renumbered (1.4.2007) by The Excepted Vehicles (Amendment of Schedule 1 to the Hydrocarbon Oil Duties Act 1979) Order 2007 (S.I. 2007/93), arts. 1(2), 8

F19 Word in Sch. 1 para. 5(1) omitted (1.4.2007) by virtue of The Excepted Vehicles (Amendment of Schedule 1 to the Hydrocarbon Oil Duties Act 1979) Order 2007 (S.I. 2007/93), arts. 1(2), 8(1)

F20 Words in Sch. 1 para. 5 inserted (1.4.2007) by The Excepted Vehicles (Amendment of Schedule 1 to the Hydrocarbon Oil Duties Act 1979) Order 2007 (S.I. 2007/93), arts. 1(2), 8(2)

Mowing machines U.K.

6 U.K. A mowing machine is an excepted vehicle.

Snow clearing vehicles U.K.

7 U.K. A vehicle is an excepted vehicle when it is—

(a) being used, or

(b) going to or from the place where it is to be or has been used,

for the purpose of clearing snow from public roads by means of a snow plough or similar device (whether or not forming part of the vehicle).

Gritters U.K.

8 U.K. A vehicle is an excepted vehicle if it is constructed or adapted, and used, solely for the conveyance of machinery for spreading material on roads to deal with frost, ice or snow (with or without articles or material used for the purposes of the machinery).

Mobile cranes U.K.

9 (1) A mobile crane is an excepted vehicle. U.K.

(2) In sub-paragraph (1) above “mobile crane” means a vehicle which is designed and constructed as a mobile crane and which—

(a) is used on public roads only as a crane in connection with work carried on at a site in the immediate vicinity or for the purpose of proceeding to and from a place where it is to be or has been used as a crane, F21 ...

(b) when so proceeding does not carry any load except such as is necessary for its propulsion or [F22 the operation of built-in lifting apparatus, and .

(c) has a revenue weight exceeding 3,500 kilograms.

(3) In sub-paragraph (2)(c) above “revenue weight” has the meaning given by section 60A of the Vehicle Excise and Registration Act 1994.]

Textual Amendments

F21 Word in Sch. 1 para. 9(2)(a) omitted (1.4.2007) by virtue of The Excepted Vehicles (Amendment of Schedule 1 to the Hydrocarbon Oil Duties Act 1979) Order 2007 (S.I. 2007/93), arts. 1(2), 9(1)

F22 Words in Sch. 1 para. 9 substituted (1.4.2007) by The Excepted Vehicles (Amendment of Schedule 1 to the Hydrocarbon Oil Duties Act 1979) Order 2007 (S.I. 2007/93), arts. 1(2), 9(2)

[F23 Mobile pumping vehicles U.K.

Textual Amendments

F23 Sch. 1 para. 9A and cross-heading inserted (1.4.2007) by The Excepted Vehicles (Amendment of Schedule 1 to the Hydrocarbon Oil Duties Act 1979) Order 2007 (S.I. 2007/93), arts. 1(2), 10

9A. (1) A mobile pumping vehicle is an excepted vehicle. U.K.

(2) In sub-paragraph (1) above a “mobile pumping vehicle” means a vehicle—

(a) which is constructed or adapted for use, and used, for the conveyance of a pump and a jib satisfying the requirements specified in sub-paragraph (3),

(b) which is used on public roads only—

(i) when the vehicle is stationary and the pump is being used to pump material from a point in the immediate vicinity to another such point, or

(ii) for the purpose of proceeding to and from a place where the pump is to be or has been used, and

(c) which when so proceeding, does not carry—

(i) the material that is to be or has been pumped, or

(ii) any other load except such as is necessary for the propulsion or equipment of the vehicle or for the operation of the pump.

(3) The requirements referred to in sub-paragraph (2)(a) are that each of the pump and the jib is—

(a) built in as part of the vehicle, and

(b) designed so that material pumped by the pump is delivered to a desired height or depth through piping that—

(i) is attached to the pump and the jib, and

(ii) is raised or lowered to that height or depth by operation of the jib.]

Digging machines U.K.

10 (1) A digging machine is an excepted vehicle. U.K.

(2) In sub-paragraph (1) above “digging machine” means a vehicle which is designed, constructed and used for the purpose of trench digging, or any kind of excavating or shovelling work, and which—

(a) is used on public roads only for that purpose or for the purpose of proceeding to and from the place where it is to be or has been used for that purpose, and

(b) when so proceeding does not carry any load except such as is necessary for its propulsion or equipment.

Works trucks U.K.

11 (1) A works truck is an excepted vehicle. U.K.

(2) In sub-paragraph (1) above “works truck” means a goods vehicle which is designed for use in private premises and is used on public roads only—

(a) for carrying goods between private premises and a vehicle on a road within one kilometre of those premises,

(b) in passing from one part of private premises to another,

(c) in passing between private premises and other private premises in a case where the premises are within one kilometre of each other, or

(d) in connection with road works at the site of the works or within one kilometre of the site of the works.

(3) In sub-paragraph (2) above “goods vehicle” means a vehicle constructed or adapted for use and used for the conveyance of goods or burden of any description, whether in the course of trade or not.

Road construction vehicles U.K.

F24 12 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Sch. 1 para. 12 omitted (1.4.2008) by virtue of The Excepted Vehicles (Amendment of Schedule 1 to the Hydrocarbon Oil Duties Act 1979) Order 2007 (S.I. 2007/93), arts. 1(2), 11

Road rollers U.K.

13 U.K. A road roller is an excepted vehicle.

[F25 Road surfacing vehicles U.K.

Textual Amendments

F25 Sch. 1 paras. 13A, 13B and cross-headings inserted (1.4.2008) by The Excepted Vehicles (Amendment of Schedule 1 to the Hydrocarbon Oil Duties Act 1979) Order 2007 (S.I. 2007/93), arts. 1(2), 12

13A. (1) A road surfacing vehicle is an excepted vehicle. U.K.

(2) In sub-paragraph (1) above “road surfacing vehicle” means a vehicle which —

(a) is designed and constructed to perform an operation necessary to construct or restore the surface of a road,

(b) does not carry any load on a public road except such as is necessary for its propulsion or for the operation of any machinery built-in or permanently attached to the vehicle, and

(c) has a maximum speed not exceeding 20 kilometres per hour.

Tar Sprayers U.K.

13B. (1) A tar sprayer is an excepted vehicle. U.K.

(2) In sub-paragraph (1) above a tar sprayer means a vehicle which is constructed or permanently adapted, and used, solely for spraying tar on to the road or for proceeding to and from the place where it is to be or has been used for that purpose.]

Interpretation U.K.

14 U.K. In this Schedule “public road” means a road which is repairable at the public expense.]