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Part VU.K. Supplementary

InterpretationU.K.

[F160A Meaning of “revenue weight”.U.K.

(1)Any reference in this Act to the revenue weight of a vehicle is a reference—

(a)where it has a confirmed maximum weight, to that weight; and

(b)in any other case, to the weight determined in accordance with the following provisions of this section.

(2)For the purposes of this Act a vehicle which does not have a confirmed maximum weight shall have a revenue weight which, subject to the following provisions of this section, is equal to its design weight.

(3)Subject to subsection (4), the design weight of a vehicle is, for the purposes of this section—

(a)in the case of a tractive unit, the weight which is required, by the design and any subsequent adaptations of that vehicle, not to be exceeded by an articulated vehicle which—

(i)consists of the vehicle and any semi-trailer capable of being drawn by it, and

(ii)is in normal use and travelling on a road laden;

and

(b)in the case of any other vehicle, the weight which the vehicle itself is designed or adapted not to exceed when in normal use and travelling on a road laden.

(4)Where, at any time, a vehicle—

(a)does not have a confirmed maximum weight,

(b)has previously had such a weight, and

(c)has not acquired a different design weight by reason of any adaptation made since the most recent occasion on which it had a confirmed maximum weight,

the vehicle’s design weight at that time shall be equal to its confirmed maximum weight on that occasion.

(5)An adaptation reducing the design weight of a vehicle shall be disregarded for the purposes of this section unless it is a permanent adaptation.

(6)For the purposes of this Act where—

(a)a vehicle which does not have a confirmed maximum weight is used on a public road in the United Kingdom, and

(b)at the time when it is so used—

(i)the weight of the vehicle, or

(ii)in the case of a tractive unit used as part of an articulated vehicle consisting of the vehicle and a semi-trailer, the weight of the articulated vehicle,

exceeds what, apart from this subsection, would be the vehicle’s design weight,

it shall be conclusively presumed, as against the person using the vehicle, that the vehicle has been temporarily adapted so as to have a design weight while being so used equal to the actual weight of the vehicle or articulated vehicle at that time.

(7)For the purposes of this Act limitations on the space available on a vehicle for carrying a load shall be disregarded in determining the weight which the vehicle is designed or adapted not to exceed when in normal use and travelling on a road laden.

(8)A vehicle which does not have a confirmed maximum weight shall not at any time be taken to have a revenue weight which is greater than the maximum laden weight at which that vehicle or, as the case may be, an articulated vehicle consisting of that vehicle and a semi-trailer may lawfully be used in Great Britain.

(9)A vehicle has a confirmed maximum weight at any time if at that time—

(a)it has a plated gross weight or a plated train weight; and

(b)that weight is the maximum laden weight at which that vehicle or, as the case may be, an articulated vehicle consisting of that vehicle and a semi-trailer may lawfully be used in Great Britain;

and the confirmed maximum weight of a vehicle with such a weight shall be taken to be the weight referred to in paragraph (a).

(10)Where any vehicle has a special maximum weight in Northern Ireland which is greater than the maximum laden weight at which that vehicle or, as the case may be, an articulated vehicle consisting of that vehicle and a semi-trailer may lawfully be used in Great Britain, this section shall have effect, in relation to that vehicle, as if the references to Great Britain in subsections (8) and (9) were references to Northern Ireland.

(11)For the purposes of this section a vehicle has a special maximum weight in Northern Ireland if an order under Article 29(3) of the M1Road Traffic (Northern Ireland) Order 1981 (authorisation of use on roads of vehicles and trailers not complying with regulations) has effect in relation to that vehicle for determining the maximum laden weight at which it may lawfully be used in Northern Ireland or, as the case may be, for determining the maximum laden weight at which an articulated vehicle consisting of that vehicle and a semi-trailer may lawfully be used there.]

Textual Amendments

F1S. 60A inserted (1.5.1995 with effect as mentioned in Sch. 4 para. 29 of the amending Act) by 1995 c. 4, s. 19, Pt. IV paras. 26, 29

Modifications etc. (not altering text)

Marginal Citations

61 Vehicle weights.U.K.

(1)In this Act a reference to the plated gross weight of a goods vehicle or trailer is a reference—

(a)in the case of a trailer which may lawfully be used in Great Britain without a Ministry plate (within the meaning of regulations under section 41 or 49 of the M2Road Traffic Act 1988), to the maximum laden weight at which the trailer may lawfully be used in Great Britain, and

(b)otherwise, to the weight which is the maximum gross weight which may not be exceeded in Great Britain for the vehicle or trailer as indicated on the appropriate plate.

(2)In this Act a reference to the plated train weight of a vehicle is a reference to the weight which is the maximum gross weight which may not be exceeded in Great Britain for an articulated vehicle consisting of the vehicle and any semi-trailer which may be drawn by it as indicated on the appropriate plate.

(3)In subsections (1) and (2) “appropriate plate”, in relation to a vehicle or trailer, means—

(a)where a Ministry plate (within the meaning of regulations under section 41 or 49 of the Road Traffic Act 1988) has been issued, or has effect as if issued, for the vehicle or trailer following the issue or amendment of a plating certificate (within the meaning of Part II of that Act), that plate, [F2and]

(b)where paragraph (a) does not apply but such a certificate is in force for the vehicle or trailer, that certificate, F3. . .

F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(3A)Where it appears to the Secretary of State that there is a description of document which—

(a)falls to be treated for some or all of the purposes of the M3Road Traffic Act 1988 as if it were a plating certificate, or

(b)is issued under the law of any state in the European Economic Area for purposes which are or include purposes corresponding to those for which such a certificate is issued,

he may by regulations provide for references in this section to a plating certificate to have effect as if they included references to a document of that description.]

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

F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In this Act “weight unladen”—

(a)in England and Wales and Scotland, has the same meaning as it has for the purposes of the M4Road Traffic Act 1988 by virtue of section 190 of that Act, and

[F6(b)in Northern Ireland, has the same meaning as it has for the purposes of the Road Traffic (Northern Ireland) Order 1995 by virtue of Article 7 of that Order.]

F5(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In this section “trailer” has the same meaning as in Part VIII of Schedule 1.

Textual Amendments

F2Words in s. 61(3)(a) inserted (1.5.1995 with effect as mentioned in Sch. 4 para. 29 of the amending Act) by 1995 c. 4, s. 19, Sch. 4 paras. 27(1)(a), 29

F3S. 61(3)(c) and preceding word repealed (1.5.1995 with effect as mentioned in Sch. 4 para. 29 and Sch. 29 Pt. V(2) Note of the amending Act) by 1995 c. 4, ss. 19, 162, Sch. 4 paras. 27(1)(b), 29, Sch. 29 Pt. V(2) Note

F4S. 61(3A) inserted (1.5.1995 with effect as mentioned in Sch. 4 para. 29 of the amending Act) by 1995 c. 4, s. 19, Sch. 4 Pt. IV paras. 27(2), 29

F5S. 61(4)(5)(7) repealed (1.5.1995 with effect as mentioned in Sch. 4 para. 29 and Sch. 29 Pt. V(2) Note of the amending Act) by 1995 c. 4, ss. 19, 162, Sch. 4 Pt. IV paras. 27(3), 29, Sch. 29 Pt. V(2) Note

F6S. 61(6)(b) substituted (29.4.1996) by 1996 c. 8, s. 22(4)

Marginal Citations

[F761A Certificates etc. as to vehicle weight.U.K.

(1)The Secretary of State may by regulations make provision—

(a)for the making of an application to the Secretary of State for the issue of a certificate stating the design weight of a vehicle;

(b)for the manner in which any determination of the design weight of any vehicle is to be made on such an application and for the issue of a certificate on the making of such a determination;

(c)for the examination, for the purposes of the determination of the design weight of a vehicle, of that vehicle by such persons, and in such manner, as may be prescribed by the regulations;

(d)for a certificate issued on the making of such a determination to be treated as having conclusive effect for the purposes of this Act as to such matters as may be prescribed by the regulations;

(e)for the Secretary of State to be entitled, in cases prescribed by the regulations, to require the production of such a certificate before making a determination for the purposes of section 7(5); and

(f)for appeals against determinations made in accordance with the regulations.

(2)Regulations under this section may provide for an adaptation of a vehicle—

(a)to be taken into account in determining the design weight of a vehicle in a case to which section 60A(6) does not apply, or

(b)to be treated as permanent for the purposes of section 60A(5),

if, and only if, it is an adaptation with respect to which a certificate has been issued under the regulations.

(3)Regulations under this section may provide that such documents purporting to be plating certificates (within the meaning of Part II of the M5Road Traffic Act 1988) as satisfy requirements prescribed by the regulations are to have effect, for some or all of the purposes of this Act, as if they were certificates issued under such regulations.

(4)Without prejudice to the generality of the preceding provisions of this section, regulations under this section may, in relation to—

(a)the examination of a vehicle on an application under the regulations, or

(b)any appeals against determinations made for the purposes of the issue of a certificate in accordance with the regulations,

make provision corresponding to, or applying (with or without modifications), any of the provisions having effect by virtue of so much of sections 49 to 51 of the M6Road Traffic Act 1988 as relates to examinations authorised by virtue of, or appeals under, any of those sections.

(5)In this section “design weight” has the same meaning as in section 60A.]

Textual Amendments

F7S. 61A inserted (1.5.1995 with effect as mentioned in Sch. 4 para. 29 of the amending Act) by 1995 c. 4, s. 19, Sch. 4 Pt. IV paras. 28, 29

Marginal Citations

[F861B Certificates as to reduced pollution.U.K.

(1)The Secretary of State may by regulations make provision—

(a)for the making of an application to the Secretary of State for the issue in respect of an eligible vehicle of a reduced pollution certificate;

(b)for the manner in which any determination of whether to issue such a certificate on such an application is to be made;

[F9(ba)for the production of information and making of declarations for the purposes of a determination (including provision about the person to whom, and the time at which and manner in which, the information is to be produced and the declarations are to be made);]

(c)for the [F10Secretary of State to specify cases in which a determination is to be made only after an examination of an eligible vehicle] by such persons, and in such manner, as may be prescribed;

(d)for a fee to be paid [F11in respect of a determination];

(e)for a reduced pollution certificate to be issued in respect of an eligible vehicle if, and only if, it is found, [F12in accordance with the regulations,] that the reduced pollution requirements are satisfied with respect to it;

(f)for the form and content of such a certificate;

(g)for such a certificate to be valid for such period as the Secretary of State may determine;

(h)for the revocation, cancellation or surrender of such a certificate before the end of any such period;

(i)for the Secretary of State to be entitled to require the return to him of such a certificate that has been revoked;

(j)for the fact that such a certificate is, or is not, in force in respect of a vehicle to be treated as having conclusive effect for the purposes of this Act as to such matters as may be prescribed;

(k)for the Secretary of State to be entitled, in prescribed cases, to require the production of such a certificate before making a determination for the purposes of section 7(5); and

(l)for appeals against any determination not to issue such a certificate.

[F13(2)For the purposes of this Act, the reduced pollution requirements are satisfied with respect to a vehicle at any time if, at that time, prescribed requirements relating to the vehicle's emissions are satisfied as a result of—

(a)the design, construction or equipment of the vehicle as manufactured; or

(b)adaptations of a prescribed description having been made to the vehicle after a prescribed date.

(2A)Different requirements may be prescribed under subsection (2) for vehicles first registered at different times.]

(3)Without prejudice to the generality of subsection (1), for the purpose of enabling the Secretary of State to determine whether the reduced pollution requirements are satisfied at any time with respect to a vehicle in respect of which a reduced pollution certificate is in force, regulations under this section—

(a)may authorise such person as may be prescribed to require the vehicle to be re-examined [F14(or, if not previously examined, examined) in accordance with the regulations (“a post-certification examination”)];

(b)may provide for a fee to be paid for [F15a post-certification examination];

(c)may provide for the refund of such a fee if it is found, on [F16a post-certification examination], that the reduced pollution requirements are satisfied with respect to the vehicle.

(4)In this section “eligible vehicle” means—

(a)a bus, as defined in paragraph 3(2) of Schedule 1;

(b)a vehicle to which paragraph 6 of Schedule 1 applies;

(c)a haulage vehicle, as defined in paragraph 7(2) of Schedule 1, other than a showman’s vehicle; or

(d)a goods vehicle, other than one falling within paragraph 9(2) or 11(2) of Schedule 1.

(5)In this section “prescribed” means prescribed by regulations made by the Secretary of State.]

Textual Amendments

F8S. 61B inserted (31.7.1998) by 1998 c. 36, s. 16, Sch. 1 para. 2

F9S. 61B(1)(ba) inserted (21.7.2008) by Finance Act 2008 (c. 9), s. 148(2)

F10Words in s. 61B(1)(c) substituted (21.7.2008) by Finance Act 2008 (c. 9), s. 148(3)

F11Words in s. 61B(1)(d) substituted (21.7.2008) by Finance Act 2008 (c. 9), s. 148(4)

F12Words in s. 61B(1)(e) substituted (21.7.2008) by Finance Act 2008 (c. 9), s. 148(5)

F13S. 61B(2)(2A) substituted (19.7.2006) for s. 61B(2) by Finance Act 2006 (c. 25), s. 14

F14Words in s. 61B(3)(a) substituted (21.7.2008) by Finance Act 2008 (c. 9), s. 148(6)(a)

F15Words in s. 61B(3)(b) substituted (21.7.2008) by Finance Act 2008 (c. 9), s. 148(6)(b)

F16Words in s. 61B(3)(c) substituted (21.7.2008) by Finance Act 2008 (c. 9), s. 148(6)(c)

62 Other definitions.U.K.

(1)In this Act, unless the context otherwise requires—

[F23(1A)For the purposes of this Act, a vehicle is not an electrically propelled vehicle unless the electrical motive power is derived from—

(a)a source external to the vehicle, or

(b)an electrical storage battery which is not connected to any source of power when the vehicle is in motion.]

[F24(1B)Where a vehicle is first registered under this Act on the issue of a temporary licence, the “first vehicle licence” in relation to the vehicle is the first vehicle licence subsequently issued for it.

(1C)Where a vehicle—

(a)has been registered under the law of a country or territory outside the United Kingdom,

(b)is first registered under this Act more than 6 months after the time when it was first registered as mentioned in paragraph (a), and

(c)has travelled more than 6,000 kilometres under its own power before it is first registered under this Act,

there is no first vehicle licence in relation to the vehicle.]

(2)For the purposes of this Act and any other enactment relating to the keeping of vehicles on public roads, a person keeps a vehicle on a public road if he causes it to be on such a road for any period, however short, when it is not in use there.

Textual Amendments

F17Definitions in s. 62(1) repealed (1.5.1995 with effect as mentioned in Sch. 29 Pt. V(2) Note of the amending Act) by 1995 c. 4, s. 19, Sch. 29 Pt. V(2) Note

F18Words in s. 62(1) inserted (retrospective to 8.4.2013) by Finance Act 2013 (c. 29), Sch. 37 paras. 4, 7

F19Words in s. 62(1) inserted (with effect in accordance with Sch. 4 para. 7(1) of the amending Act) by Finance Act 2009 (c. 10), Sch. 4 para. 4(2)

F20Definition in s. 62(1) inserted (1.4.1998) by 1997 c. 16, s. 18, Sch. 3 para. 7(3); S.I. 1998/560, art. 2

F21Words in s. 62(1) substituted (19.7.2007) by Vehicle Registration Marks Act 2007 (c. 14), s. 1(3)

F22S. 62(1): definition of "vehicle" substituted (30.11.2003) by Finance Act 2002 (c. 23), s. 19, Sch. 5 para. 17; S.I. 2003/3086, art. 2(b)

F23S. 62(1A) inserted (29.4.1996 with effect as mentioned in s. 15(4) of the amending Act) by 1996 c. 8, s. 15(3)(4)

F24S. 62(1B)(1C) inserted (with effect in accordance with Sch. 4 para. 7(1) of the amending Act) by Finance Act 2009 (c. 10), Sch. 4 para. 4(3)

Marginal Citations