The Road Vehicles (Authorisation of Special Types) (General) Order 2003

Operational military vehicles E+W+S

53.—(1) Operational military vehicles are a recognised category of special vehicles in any case where compliance with any regulations made under section 41 of the Road Traffic Act 1988(1) by any such vehicle would directly compromise the vehicle’s operational capability.

(2) The authorisation requirements applicable to operational military vehicles are—

(a) the requirements specified in paragraphs (3) to (5); and

(b) the provisions of—

(i) the Construction and Use Regulations;

(ii) the Authorised Weight Regulations; and

(iii) the Lighting Regulations;

apart from the provisions specified, in respect of the vehicle in question, in the certificate required by paragraph (3).

(3) An operational military vehicle must be certified by the Secretary of State as being a vehicle, or type of vehicle, which for operational reasons cannot comply in all respects with such of the regulations mentioned in paragraph (1) as are specified in the certificate.

(4) An operational military vehicle must be the property of, or under the control of—

(a) the Secretary of State;

(b) a procurement contractor; or

(c) a procurement sub-contractor.

(5) In a case falling within paragraph (4)(b) or (c), the procurement contractor or procurement sub-contractor must, before any particular vehicle or type of vehicle is first used on roads, obtain from the Secretary of State written permission for such use.

(6) “Operational military vehicles” means any motor vehicle or trailer that is intended for—

(a) operational use for military action or the carrying out of a strategic, tactical, service or administrative military mission, the process of carrying on combat, including movement, supply, attack, defence and manoeuvres needed to gain the objectives of any battle or campaign or use for military support to the civil community;

(b) training in connection with such operational use;

(c) the carrying or recovery of vehicles or equipment in connection with such operational use or training.

(7) “Procurement contractor”, in relation to an operational military vehicle, means a person who, under a contract with the Secretary of State, is engaged in the design, manufacture or delivery of the vehicle with a view to its supply to the Secretary of State or to his direction.

(8) “Procurement sub-contractor”, in relation to an operational military vehicle, means a person—

(a) who has (directly or indirectly) entered into any kind of arrangement with a person who is a procurement contractor in relation to the vehicle; and

(b) who is, as a result, responsible for the performance of any of the procurement contractor’s obligations under the contract mentioned in paragraph (7).

Commencement Information

I1 Art. 53 in force at 25.8.2003, see art. 1(2)

(1)

1988 c. 52.