The Road Vehicles (Registration and Licensing) (Amendment) Regulations 1994 *** ***See the correction at the end of this SI. ***

Statutory Instruments

1994 No. 1364

ROAD TRAFFIC

The Road Vehicles (Registration and Licensing) (Amendment) Regulations 1994 *** ***See the correction at the end of this SI. ***

Made

19th May 1994

Laid before Parliament

20th May 1994

Coming into force

10th June 1994

The Secretary of State for Transport, in exercise of the powers conferred by section 23(1)(b) of the Vehicles (Excise) Act 1971(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

1.  These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1994 and shall come into force on 10th June 1994.

2.  For paragraph (1) of regulation 15 of the Road Vehicles (Registration and Licensing) Regulations 1971(2), there shall be substituted the following paragraphs:—

“(1) The Secretary of State may make any particulars contained in the register available for use—

(a) by a local authority for any purpose connected with the investigation of an offence or of a decriminalised parking contravention;

(b) by a chief officer of police; or

(c) on payment of a fee of such amount as the Secretary of State considers to be reasonable in the circumstances of the case, by any person who can show to the satisfaction of the Secretary of State that he has reasonable cause for wanting the particulars to be made available to him.

(1A) In paragraph (1) above “a decriminalised parking contravention”means any act or omission which would have been an offence but for any of the following provisions of the Road Traffic Act 1991(3), that is to say—

(a) section 65 (contravention of certain orders relating to parking places in London not to be a criminal offence);

(b) section 76(3) (provisions creating certain stationary vehicle offences to cease to apply in special parking areas in London);

(c) paragraph 1(4) of Schedule 3 (contravention of certain orders relating to parking places outside London not to be a criminal offence); and

(d) paragraph 2(4) of Schedule 3 (provisions creating certain stationary vehicle offences to cease to apply in special parking areas outside London).”

Signed by authority of the Secretary of State for Transport

Robert Key

Parliamentary Under Secretary of State,

Department of Transport

19th May 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations authorise the Secretary of State to make particulars contained in the register of mechanically propelled vehicles available to (a) local authorities (in connection with the investigation of an offence or of a decriminalised parking contravention), (b) the police and (c) any person who can show reasonable cause. The particulars are provided free of charge for (a) and (b) and on payment of a fee of an amount appearing to the Secretary of State to be reasonable in the circumstances of the case for (c). This discretionary fee supersedes the fixed fee of £3.50 which was prescribed in 1986.

(1)

1971 c. 10. In accordance with section 39(1), section 23 is modified by Schedule 7, paragraph 20. By virtue of the Finance Act 1994 (c. 9), Schedule 2, paragraph 18, no order can be made under section 39(2) whereby that modification ceases to have effect. Section 23(1)(b), as so modified, was amended by the Finance Act 1994, Schedule 2, paragraph 11(1) and (2)(a).

(2)

S.I. 1971/450. Relevant amending instrument is S.I. 1986/607.

(3)

1991 c. 40.