Classification of Motor Vehicles.
1Motor vehicles to which Part I applies.
This Part of this Act shall apply to all mechanically propelled vehicles intended or adapted for use on roads (in this Act referred to as " motor vehicles ") and to vehicles (in this Act referred to as " trailers ") drawn by motor vehicles:
Provided that—
(a)the provisions of this Part of this Act shall not apply to tramcars the use of which is authorised or regulated by special Act of Parliament or by an order having the force of an Act, and
(b)the provisions of this Part of this Act, other than sections four to eight, both inclusive, sections eleven, twelve, fifteen and twenty-three shall not apply to trolley vehicles the use of which is authorised or regulated as aforesaid;
unless in either case the special Act or order so provides.
2Classification of motor vehicles.
(1)Motor vehicles shall, for the purposes of this Act and the regulations, be divided into the following classes :—
(a)Heavy locomotives; that is to say, mechanically propelled vehicles which are not constructed themselves to carry any load (other than the following articles, that is to say, water, fuel, accumulators and other equipment used for the purpose of propulsion, loose tools and loose equipment), and the weight of which unladen exceeds eleven tons and a half:
(b)Light locomotives; that is to say, mechanically propelled vehicles which are not constructed themselves to carry any load (other than any of the articles aforesaid), and the weight of which unladen does not exceed eleven tons and a half, but does exceed seven tons and a quarter :
(c)Motor tractors; that is to say, mechanically propelled vehicles which are not constructed themselves to carry any load (other than any of the articles aforesaid), and the weight of which unladen does not exceed seven tons and a quarter :
(d)Heavy motor cars; that is to say, mechanically propelled vehicles (not being vehicles classified under this section as motor cars) which are constructed themselves to carry a load or passengers, and the weight of which unladen exceeds two tons and a half :
(e)Motor cars; that is to say, mechanically propelled vehicles (not being vehicles classified under this section as motor cycles or invalid carriages) which are constructed themselves to carry a load or passengers and the weight of which unladen—
(i)in the case of vehicles which are—
(1)constructed solely for the carriage of passengers and their effects; and
(2)adapted to carry not more than seven passengers exclusive of the driver; and
(3)fitted with tyres of the prescribed type;
does not exceed three tons ;
(ii)in any other case does not exceed two tons and a half :
(f)Motor cycles; that is to say, mechanically propelled vehicles (not being vehicles classified under this section as invalid carriages) with less than four wheels and the weight of which unladen does not exceed eight hundredweight:
(g)Invalid carriages; that is to say, mechanically propelled vehicles the weight of which unladen does not exceed five hundredweight and which are specially designed and constructed, and not merely adapted, for the use of persons suffering from some physical defect or disability and are used solely by such persons :
(2)Provision may be made by regulations for—
(i)subdividing any such class as aforesaid, whether according to weight, construction, nature of tyres, use or otherwise, and making different provision with respect to each subdivision; and
(ii)varying as respects any class the maximum or minimum weight fixed by this section.
(3)Any reference in this Part of this Act to a class of motor vehicles shall include a reference to a subdivision of such a class.
(4)For the purposes of this Part of this Act—
(a)in any case where a motor vehicle is so constructed that a trailer may by partial superimposition be attached to the vehicle in such manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, that vehicle shall be deemed to be a vehicle itself constructed to carry a load; and
(b)in the case of a motor vehicle fitted with a crane, dynamo, welding plant or other special appliance or apparatus which is a permanent or essentially permanent fixture, the appliance or apparatus shall not be deemed to constitute a load, but shall be deemed to form part of the vehicle; and
(c)a side car attached to a motor cycle shall, if it complies with the prescribed conditions, be regarded as forming part of the vehicle to which it is attached and not as being a trailer.
3Prohibition of motor vehicles not complying with regulations as to construction, and &c.
(1)Subject as hereinafter provided, it shall not be lawful, to use on any road a motor vehicle or trailer which does not comply with the regulations applicable to the class or description of vehicles to which the vehicle belongs, as to the construction, weight and equipment thereof :
Provided that—
(a)Where any regulations made after the passing of this Act contain provisions varying the requirements as regards the construction or weight of any class or description of vehicles, provision shall be made by the regulations for exempting for such period (not being less than five years) as may be specified therein from the provisions aforesaid any vehicle of that class or description registered under the [11 & 12 Geo. 5. c. 72.] Roads Act, 1920, before the expiration of one year from the making of the regulations; and
(b)the Minister may by order authorise, subject to such restrictions and conditions as may be specified in the order, the use on roads of special motor vehicles or trailers, or special types of motor vehicles or trailers, which are constructed either for special purposes or for tests or trials, and of new or improved types of motor vehicles and trailers whether wheeled or wheel-less.
(2)The Minister may at any time revoke, vary, or amend an order made under this section.
(3)If a motor vehicle or trailer is used on a road in contravention of this section, any person who so uses the vehicle or causes or permits the vehicle to be so used shall be guilty of an offence.