The Agriculture (Tractor Cabs) Regulations 1974

Interpretation

2.—(1) In these regulations, unless the context otherwise requires—

“agriculture”, “worker”, “employer” and “employed” have the meanings respectively assigned to them, as respects England and Wales, by subsection (1) of section 24 of the Agriculture (Safety Health, and Welfare Provisions) Act 1956, and, as respects Scotland, by that subsection as applied by subsection (10) of section 25 of that Act;

“approval mark” means one of the two marks, incorporating a crown inside a triangle, illustrated in paragraph 1 of Part I of the Schedule to these regulations, and “appropriate approval mark” means—

(a)

in relation to a safety cab fitted to a tractor which is or has been new on or after 1st June 1976, or in relation to a safety cab which itself is or has been new on or after 1st September 1977, the mark illustrated in sub-paragraph (1) of that paragraph;

(b)

in relation to any other safety cab, either approval mark;

“approved”, in relation to a safety cab, means approved in accordance with regulation 3 for use with a tractor;

“building” includes any underground premises;

“marked” means marked in the manner described in Part II of the Schedule to these regulations;

“the Ministers” mean the Minister of Agriculture, Fisheries and Food and the Secretary of State, acting jointly, and “the appropriate Minister” means, for the purposes of the application of these regulations to England and Wales, the Minister of Agriculture, Fisheries and Food, and for the purposes of their application to Scotland, the Secretary of State;

“new” means not previously sold to any purchaser for use by him in agriculture;

“safety cab” means a rigid framework or cab designed to protect the driver of a tractor to which it is fitted from being crushed if the tractor overturns, and includes a safety frame;

“supplementary marks” means the marks described in paragraph 2 of Part I of the Schedule to these regulations;

“tractor” means a wheeled tractor weighing 11 cwt. or more when assembled in the lightest form commercially available, without water, fuel or lubricating oil, but does not include a half-tracked vehicle or a steam traction engine.

(2) For the purposes of these regulations a tractor or a safety cab which is made the subject of a contract for hire purchase shall be deemed to be sold, and not let on hire.

(3) A tractor is properly fitted with a safety cab for the purposes of these regulations if the safety cab is—

(a) so maintained and so fitted to the tractor as to afford the protection (including protection from noise) for which it is designed, and

(b) equipped with an efficient automatic wiper for any windscreen it may have.

(4) Where the first sale, letting on hire or loan of a tractor for use in agriculture by the purchaser, hirer or borrower, as the case may be, occurred before 1st September 1970, regulations 4(c) and 5 of these regulations shall not apply to that tractor until 1st September 1977.

(5) The Interpretation Act 1889 shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament, and as if these regulations and the regulations hereby revoked were Acts of Parliament.