The Motor Vehicles (Third Party Risks) (Amendment) Regulations 1997

Statutory Instruments

1997 No. 97

ROAD TRAFFIC

The Motor Vehicles (Third Party Risks) (Amendment) Regulations 1997

Made

21st January 1997

Laid before Parliament

30th January 1997

Coming into force

21st February 1997

The Secretary of State for Transport in exercise of the powers conferred by sections 147, 160, 165 and 192(1)(1) of the Road Traffic Act 1988(2) (“the 1988 Act”) and by section 57 of the Vehicle Excise and Registration Act 1994(3) (“the 1994 Act”), as extended by section 156 of the 1988 Act and of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with section 195(2) of the 1988 Act, hereby makes the following Regulations:—

Citation and commencement

1.  These Regulations may be cited as the Motor Vehicles (Third Party Risks) (Amendment) Regulations 1997 and shall come into force on 21st February 1997.

Amendment of the Motor Vehicles (Third Party Risks) Regulations 1972

2.—(1) The Motor Vehicles (Third Party Risks) Regulations 1972(4) shall be amended as follows.

(2) In regulation 5(1), for the words after sub-paragraph (b) there shall be substituted the following words—

• “Provided that where a security is intended to cover the use of more than ten motor vehicles at one time the company by whom it was issued may issue one certificate only and the holder of the security may issue duplicate copies of such certificate duly authenticated by him.”

(3) In regulation 9, after paragraph (2) there shall be inserted the following paragraph—

“(3) A person shall not, when applying for a licence under the Vehicle Excise and Registration Act 1994, be required to comply with the provisions of paragraph (1) of this regulation if—

(a) the motor vehicle in respect of which the licence is applied for is part of a fleet of not less than 250 motor vehicles owned by one person;

(b) the person who applies for the licence manages the fleet of motor vehicles on behalf of the owner of the fleet under a contract, and

(c) the contract under which the person manages the fleet contains a requirement that all the motor vehicles in the fleet be insured in accordance with the Road Traffic Act 1988.”

Signed by authority of the Secretary of State for Transport

John Bowis

Parliamentary Under Secretary of State,

Department of Transport

21st January 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Motor Vehicles (Third Party Risks) Regulations 1972.

Regulation 5(1) is amended so as to remove the requirement that a company obtain the consent of the Secretary of State before it may issue one certificate of security to cover the use of more than ten motor vehicles and so as to enable the holder of the security to issue duplicate copies of the certificate without being limited by conditions determined by the Secretary of State.

Regulation 9 is amended so as to permit a person who, under a contract, manages a fleet of not less than 250 motor vehicles owned by one person to apply for a licence under the Vehicle Excise and Registration Act 1994 without complying with the requirements of paragraph (1) of the regulation, provided that the contract requires all vehicles in the fleet to be insured in accordance with the Road Traffic Act 1988. Regulation 9(1) requires the production of evidence of insurance or security on an application for an excise licence.

(1)

See the definition of “prescribed”.

(2)

1988 c. 52; section 156 was amended by the Vehicle Excise and Registration Act 1994, section 63 and paragraph 24(5) of Schedule 3.

(3)

1994 c. 22.

(4)

S.I. 1972/1217, to which there are amendments not relevant to these Regulations.