The Use of Invalid Carriages on Highways (Amendment) (Wales) Regulations 2015

Welsh Statutory Instruments

2015 No. 779 (W. 62)

Road Traffic, Wales

The Use of Invalid Carriages on Highways (Amendment) (Wales) Regulations 2015

Made

18 March 2015

Laid before the National Assembly for Wales

19 March 2015

Coming into force

9 April 2015

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State for Transport by section 20 of the Chronically Sick and Disabled Persons Act 1970(1) subsequently transferred to the National Assembly for Wales(2) and now vested in them(3) make the following Regulations.

Title, commencement and interpretation

1.  The title of these Regulations is The Use of Invalid Carriages on Highways (Amendment) (Wales) Regulations 2015 and they come into force on 9 April 2015.

Application

2.  These Regulations apply in relation to Wales.

Amendment of the Use of the Invalid Carriages on Highways Regulations 1988

3.—(1) The Use of Invalid Carriages on Highways Regulations 1988(4) are amended as follows.

(2) For regulation 7 (Unladen weight), (substitute—

“7.— (1) Subject to paragraph (2), the unladen weight of an invalid carriage must not exceed —

(a) in the case of a Class 1 or Class 2 invalid carriage, 113.4 kilograms; and

(b) in the case of a Class 3 invalid carriage, 150 kilograms.

(2) The unladen weight of an invalid carriage which satisfies the conditions in paragraph (3) must not exceed 200 kilograms.

(3) The conditions are that —

(a) the invalid carriage includes necessary user equipment; and

(b) the unladen weight of the invalid carriage, excluding the weight of necessary user equipment, does not exceed the weight limit for its Class as set out in paragraph (1).

(4) In this regulation —

(a) “necessary user equipment” means equipment that —

(i) forms part of, or is attached to, the invalid carriage upon construction or adaptation; and

(ii) is necessary for the specific clinical, postural, hygienic, caring or nursing requirement of the usual user.

(b) “unladen weight” means the weight of the invalid carriage —

(i) inclusive of the weight of water, fuel or accumulators used for the purpose of the supply of power for propulsion of the invalid carriage, loose tools, and any necessary user equipment; but

(ii) exclusive of any other load and the weight of the person carried by the invalid carriage.”.

Edwina Hart

Minister for Economy, Science and Transport, one of the Welsh Ministers

18 March 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Use of Invalid Carriages on Highways Regulations 1988 (“the 1988 Regulations”) make provision regarding the requirements with which invalid carriages must comply, and the conditions in accordance with which invalid carriages must be used, in order to benefit from certain exemptions from road traffic legislation which are set out in section 20 of the Chronically Sick and Disabled Persons Act 1970.

These Regulations substitute regulation 7 of the 1988 Regulations to introduce a new requirement which relates to invalid carriages which include necessary user equipment. Necessary user equipment is part of, or is attached to, an invalid carriage upon construction or adaption and is necessary to satisfy a clinical, postural, hygienic, caring or nursing requirement of the usual user. An invalid carriage which includes necessary user equipment but does not exceed the unladen weight limit for its Class when the weight of the necessary user equipment is not included must satisfy the requirement that its unladen weight must not exceed 200 kilograms.

A regulatory impact assessment has been prepared in relation to these Regulations. Copies may be obtained from the Department for the Economy, Science and Transport Welsh Government, Cathays Park, Cardiff CF10 3NQ.

(1)

1970 c.44; section 20 has been amended by the Road Traffic Act 1972 (c.20), Schedule 7; the Highways Act 1980 (c.66), Schedule 24, paragraph 19; the Road Traffic Regulation Act 1984 (c.27), Schedule 13, paragraph 10; the Road Traffic (Consequential Provisions) Act 1988 (c.54), Schedule 3, paragraphs 7(a) and 7(b); the Road Traffic Act 1991 (c.40), Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), Schedule, Part 1.

(2)

The functions of the Secretary of State in relation to section 20 Chronically Sick and Disabled Persons Act 1970 were transferred to the National Assembly for Wales under the provisions of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999 No. 672).

(3)

The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c.32).

(4)

S.I. 1988/2268.