- Y Diweddaraf sydd Ar Gael (Diwygiedig)
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Version Superseded: 20/05/2018
Point in time view as at 02/03/2016.
Road Traffic Act 1988, Cross Heading: Miscellaneous is up to date with all changes known to be in force on or before 03 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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)
C1S. 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, or
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;
in the case of a vehicle to which the motorcycle type approval Directive applies, a certificate of conformity—
issued by a manufacturer under regulation 8(1) of the Motor Cycles Etc (EC Type Approval) Regulations 1999(whether before, on or after 9th November 2003), or
issued by a manufacturer under any provision of the law of an EEA State other than the United Kingdom giving effect to Article 7(1) of the motorcycle type approval Directive or to Article 7(1) of Council Directive 92/61/EEC of 30th June 1992 relating to the type approval of two- or three-wheeled motor vehicles;
in the case of a vehicle to which the tractor type approval Directive applies, a certificate of conformity issued by a manufacturer under—
regulation 6 of the Tractor etc (EC Type-Approval) Regulations 2005, or
any provision of the law of an EEA State other than the United Kingdom giving effect to Article 6(1) of the tractor type approval Directive;
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, or
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;]
[F4“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;]
[F5“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;]
F6. . .
[F7“light passenger vehicle” means any motor vehicle which—
has at least four wheels,
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 1(3) of the motorcycle type approval Directive F9. . . ,
“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,
[F10“the motorcycle type approval Directive” means Directive 2002/24/EC of the European Parliament and of the Council of 18th March 2002 relating to the type approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC, as corrected by a Corrigendum of 22nd February 2003,]]
“official testing station” means a testing station maintained by the Secretary of State under section [F1172A] of this Act,
“prescribed” means prescribed by regulations made by the Secretary of State,
F12[“public service vehicle” has the same meaning as in the Public Passenger Vehicles Act 1981,]
[F13“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,]
“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,
[F14“the tractor type approval Directive” means Directive 2003/37/EC of the European Parliament and of the Council of 26th May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units,]
“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)
F4In s. 85 definition of "EEA Agreement" inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 4(3)
F5Words 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)
F6in 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
F7In 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)
F8S. 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)
F9S. 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)
F10In s. 85 definition of "the motorcycle type approval Directive" substituted (9.11.2003) by The Motor Cycles Etc. (EC Type Approval) (Amendment) Regulations 2003 (S.I. 2003/1099), reg. 3(b)
F11Word 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.
F12Definition 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.
F13S. 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)
F14S. 86: definition of "the tractor type approval Directive" inserted (29.4.2009) by The Road Vehicles (Approval) (Consequential Amendments) Regulations 2009 (S.I. 2009/818), reg. 3(6)(d)
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 | [F15Section 57(1A)] |
F16. . . | F16. . . |
Construction and use requirements | Section 41(7) |
Design weights | Section 54(3) |
[F17EC certificate of conformity] | [F17 Section 85 ] |
[F18EU 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) |
F19. . . | F19. . . |
[F20Light passenger vehicle] | [F20 Section 85] |
[F20Light passenger vehicle type approval Directive] | F20 Section 85 |
Minister’s approval certificate | Section 58(1) |
[F20Motorcycle type approval Directive] | [F20 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 |
[F21Public service vehicle] | [F21Section 85] |
Relevant aspects of design, construction, equipment and marking | Section 54(6) |
[F22Road vehicles type approval Directive | Section 85] |
Sold or supplied by retail | Section 85 |
[F23Stopping officer | Section 66B] |
Tail lamp | Section 85 |
Test certificate | Section 45(2) |
[F22Tractor type approval Directive | Section 85] |
Traffic area | Section 85 |
Type approval certificate | Section 55(2) |
Type approval requirements | Section 54(1) |
[F21Vehicle examiner] | [F21Section 66A] |
Vehicle part | Section 85 |
Textual Amendments
F15Words 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).
F16Words 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)
F17Words 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).
F18Words 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)
F19Words 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
F20Words 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).
F21Words 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.
F22Words 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)
F23Words 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)
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