The Road Vehicles (Registration and Licensing) Regulations 2002

Interpretation U.K.

3.—(1) In these regulations—

• “the 1988 Act” means the Road Traffic Act 1988 M1 ;

• “the 1994 Act” means the Vehicle Excise and Registration Act 1994 and a reference to the “predecessor legislation” of the 1994 Act is a reference to any of the following Acts—

  (a)

  the Roads Act 1920 M2 ;

  (b)

  the Vehicles (Excise) Act 1949 M3 ;

  (c)

  the Vehicles (Excise) Act (Northern Ireland) 1954 M4 ;

  (d)

  the Vehicles (Excise) Act 1962 M5 ;

  (e)

  the Vehicles (Excise) Act 1971 M6 ;

  (f)

  the Vehicles (Excise) Act (Northern Ireland) 1972 M7 ;

• “bicycle” means a mechanically propelled bicycle (including a motor scooter, a bicycle with an attachment for propelling it by mechanical power and a mechanically propelled bicycle used for drawing a trailer or sidecar) not exceeding 450 kgs in weight unladen;

• [F1 “the Directive” means Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles as amended by Commission Directive 2003/127/EC of 23 December 2003;]

• “GB records” means the part of the register which is maintained on behalf of the Secretary of State by the Driver and Vehicle Licensing Agency;

• “insurer” means an authorised insurer as defined by section 145 of the 1988 Act;

• “invalid vehicle” means a vehicle (including a cycle with an attachment for propelling it by mechanical power) which does not exceed 508 kgs in weight unladen and is adapted and used or kept on a public road for an invalid;

• “keeper” in relation to a vehicle means the person by whom that vehicle is kept;

• [F2 “keeper of a fleet” means a person who is the registered keeper of 50 or more vehicles;]

• “kgs” means kilograms;

• “local authority” has, in relation to each part of the United Kingdom, the meaning given in the following table—

  England	County council, district council, London borough council, Council of the Isles of Scilly, Common Council of the City of London
  Northern Ireland	M8 District Council as defined in the Local Government Act (Northern Ireland) 1972
  Scotland	M9 Council constituted under section 2 of the Local Government etc. (Scotland) Act 1994
  Wales	County council, county borough council

• “mm” means millimetres;

• “NI records” means the part of the register which is maintained on behalf of the Secretary of State by Driver and Vehicle Licensing Northern Ireland;

• “reduced pollution certificate” means a certificate issued with respect to a vehicle by virtue of Schedule 2;

• “register” means the record kept by or on behalf of the Secretary of State of the vehicles registered by him, in Great Britain or in Northern Ireland, under section 21 of the 1994 Act;

• “registered keeper” in relation to a vehicle means the person for the time being shown in the register as the keeper of that vehicle;

• “trade plates” means plates issued in accordance with regulation 40 or 41;

• “tricycle” means a mechanically propelled tricycle (including a motor scooter and a tricycle with an attachment for propelling it by mechanical power) not exceeding 450 kgs in weight unladen and not being a pedestrian controlled vehicle as defined by regulation [F3 4(3)(b);]

• “valeting” means the thorough cleaning of a vehicle before its registration by the Secretary of State under section 21 of the 1994 Act or in order to prepare it for sale and includes removing wax and grease from the exterior, engine and interior, and “valeted” shall be construed [F4 accordingly; and]

• [F5 “vehicle trader” means any person who—

  (a)

  is the holder of a trade licence;

  (b)

  carries on business as a dealer in motor vehicles;

  (c)

  carries on business as an auctioneer of motor vehicles;

  (d)

  carries on business as a dismantler of motor vehicles; or

  (e)

  in relation to a particular vehicle, is—

  (i)

  a finance company which has acquired that vehicle under an order for repossession; or

  (ii)

  an insurer which has acquired that vehicle in satisfaction of a total loss claim.]

[F6 (1A) For the purposes of these Regulations “the registration document fee exemption” applies in relation to the issue of a new registration document for a vehicle if the following conditions are satisfied—

(a) the vehicle has sustained damage to its bodywork;

(b) the insurer of the vehicle has notified the Secretary of State that the vehicle was capable of being repaired but that the cost to the insurer of having it repaired would exceed the value of the vehicle in the condition in which it was immediately before it sustained the damage; and

(c) the last registration document to be issued for the vehicle was destroyed by the insurer in accordance with regulation 20(5).]

(2) In F7 ... Schedule 4 “relevant vehicle trader” has the meaning given by paragraph 1(4) of that Schedule.

(3) Any application, notification, notice, information, particulars, appeal, declaration or other document or thing given or made in pursuance of these Regulations shall, except where it is expressly provided otherwise, be in writing.

Textual Amendments

F1 Words in reg. 3(1) added (15.1.2005) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 5) Regulations 2004 (S.I. 2004/3298), regs. 1, 3(1)

F2 Words in reg. 3(1) inserted (23.3.2015) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2015 (S.I. 2015/403), regs. 1, 3(2)(a)

F3 Words in reg. 3(1) substituted (23.3.2015) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2015 (S.I. 2015/403), regs. 1, 3(2)(b)

F4 Words in reg. 3(1) substituted (23.3.2015) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2015 (S.I. 2015/403), regs. 1, 3(2)(c)

F5 Words in reg. 3(1) inserted (23.3.2015) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2015 (S.I. 2015/403), regs. 1, 3(2)(d)

F6 Reg. 3(1A) inserted (16.8.2004) by The Road Vehicles (Registration and Licensing) (Amendment No. 2) Regulations 2004 (S.I. 2004/1773), regs. 1, 3

F7 Words in reg. 3(2) omitted (23.3.2015) by virtue of The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2015 (S.I. 2015/403), regs. 1, 3(3)

Marginal Citations

M1 1988 c. 52.

M2 10 & 11 Geo. 5. c. 72.

M3 12, 13 & 14 Geo. 6. c. 89.

M4 1954 c. 17 (N.I.).

M5 10 & 11 Eliz. 2. c. 13.

M6 1971 c. 10.

M7 1972 c. 10 (N.I.).

M8 1972 c. 9 (N.I.).

M9 1994 c. 39.