Part IIU.K. Construction and Use of Vehicles and Equipment

Modifications etc. (not altering text)

MiscellaneousE+W+S

85 Interpretation of Part II.E+W+S

In this Part of this Act—

  • [F1“the Community Recording Equipment Regulation" means Council Regulation (EEC) No. 3821/85 on recording equipment in road transport F2 as it has effect in accordance with—

    (a)

    Commission Regulation (EEC) No. 3314/90 F3;

    (b)

    Commission Regulation (EEC) No. 3688/92 F4; and

    (c)

    Commission Regulation (EC) No. 2479/95 F5;

    and as read with the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 F6;]

  • [F7“EC certificate of conformity" means any certificate of conformity issued by a manufacturer—

    (a)

    under regulation 4 of the Motor Vehicles (EC Type Approval) Regulations 1992, or

    (b)

    under 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,

    which is expressed to be a certificate for a complete or completed vehicle]

  • F8. . .

  • [F9“light passenger vehicle" means any motor vehicle which—

    (a)

    has at least four wheels,

    (b)

    is equipped with an internal combustion engine,

    (c)

    is constructed or adapted for use for the carriage of passengers and is not a goods vehicle,

    (d)

    has no more than eight seats in addition to the driver’s seat, and

    (e)

    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 or a vehicle used or intended for use for the purposes of a fire brigade (whether or not one maintained under the Fire Services Act 1947),

  • 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,

  • F9“the motorcycle type approval Directive" means Council Directive 92/61/EEC of 30th June 1992 relating to the type-approval of two or three-wheel motor vehicles.]

  • “official testing station” means a testing station maintained by the Secretary of State under section [F1072A] of this Act ,

  • “prescribed” means prescribed by regulations made by the Secretary of State,

  • [F11“public service vehicle” has the same meaning as in the Public Passenger Vehicles Act 1981,]

  • “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,

  • “traffic area” has the same meaning as in the M1Public Passenger Vehicles Act 1981, 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

F1Definition of “the Community Recording Equipment Regulation" in s. 85 substituted (25.4.1996) by S.I. 1996/941, reg. 3

F2O.J. No. L370, 31.12.85, p.8.

F3O.J. No. L318, 17.11.90, p.20.

F4O.J. No. L374, 22.12.92, p.12.

F5O.J. No. L256, 26.10.95, p.8.

F6S.I. 1986/1456; the relevant amending instruments are S.I. 1987/805 and S.I. 1988/760.

F7Definition in s. 85 inserted (1.1.1993) by S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 5(2)(a).

F8Definition of “licensing authority" in s. 85 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

F9Definitions in s. 85 inserted (1.1.1993) by S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 5(2)(b).

F11Definition 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.

Marginal Citations