Office of Public Sector Information
(1) The Secretary of State may make regulations generally as to the use of motor vehicles and trailers on roads, their construction and equipment and the conditions under which they may be so used.
Subsections (2) to (4) below do not affect the generality of this subsection.
(2) In particular, the regulations may make provision with respect to any of the following matters—
(a) the width, height and length of motor vehicles and trailers and the load carried by them, the diameter of wheels, and the width, nature and condition of tyres, of motor vehicles and trailers,
(b) the emission or consumption of smoke, fumes or vapour and the emission of sparks, ashes and grit,
(c) noise,
(d) the maximum weight unladen of heavy locomotives and heavy motor cars, and the maximum weight laden of motor vehicles and trailers, and the maximum weight to be transmitted to the road or any specified area of the road by a motor vehicle or trailer of any class or by any part or parts of such a vehicle or trailer in contact with the road, and the conditions under which the weights may be required to be tested,
(e) the particulars to be marked on motor vehicles and trailers,
(f) the towing of or drawing of vehicles by motor vehicles,
(g) the number and nature of brakes, and for securing that brakes, silencers and steering gear are efficient and kept in proper working order,
(h) lighting equipment and reflectors,
(j) the testing and inspection, by persons authorised by or under the regulations, of the brakes, silencers, steering gear, tyres, lighting equipment and reflectors of motor vehicles and trailers on any premises where they are (if the owner of the premises consents),
(k) the appliances to be fitted for—
(i) signalling the approach of a motor vehicle, or
(ii) enabling the driver of a motor vehicle to become aware of the approach of another vehicle from the rear, or
(iii) intimating any intended change of speed or direction of a motor vehicle,
and the use of any such appliance, and for securing that any such appliance is efficient and kept in proper working order,
(l) for prohibiting the use of appliances fitted to motor vehicles for signalling their approach, being appliances for signalling by sound, at any times, or on or in any roads or localities, specified in the regulations.
(3) The Secretary of State may, as respects goods vehicles, make regulations under this section—
(a) prescribing other descriptions of weight which are not to be exceeded in the case of such vehicles,
(b) providing for the marking on such vehicles of weights of any description or other particulars by means of plates (of any material) fixed to them,
(c) providing for the circumstances in which any particulars which are to be marked on such vehicles are to be so marked,
(d) providing that weights of any description or other particulars which are to be marked on particular goods vehicles may be determined in accordance with regulations under section 49 of this Act.
(4) Regulations under this section with respect to lighting equipment and reflectors—
(a) may require that lamps be kept lit at such times and in such circumstances as may be specified in the regulations, and
(b) may extend, in like manner as to motor vehicles and trailers, to vehicles of any description used on roads, whether or not they are mechanically propelled.
(5) Different regulations may be made under this section as respects different classes of vehicles or as respects the same class of vehicles in different circumstances and as respects different times of the day or night and as respects roads in different localities.
(6) In framing regulations under this section prescribing a weight of any description which is not to be exceeded in the case of goods vehicles of a class for which a certificate of conformity or Minister’s approval certificate may be issued under section 57 or 58 of this Act the Secretary of State must have regard to the design weight of the like description determined by virtue of section 54 of this Act for vehicles of that class and must secure that the first-mentioned weight does not exceed the design weight.
(7) In this Part of this Act—
“construction and use requirements” means requirements, whether applicable generally or at specified times or in specified circumstances, imposed under this section,
“plated particulars” means such particulars as are required to be marked on a goods vehicle in pursuance of regulations under this section by means of a plate,
“plated weights” means such weights as are required to be so marked.
(1) Subject to subsection (2) below and sections 43 and 44 of this Act, a person who—
(a) contravenes or fails to comply with any regulations under section 41 of this Act, or
(b) uses on a road a motor vehicle or trailer which does not comply with any such regulations or causes or permits a vehicle to be so used,
is guilty of an offence.
(2) In any proceedings for an offence under subsection (1) above in which there is alleged a contravention of or failure to comply with a construction and use requirement relating to any description of weight applicable to a goods vehicle, it shall be a defence to prove either—
(a) that at the time when the vehicle was being used on the road—
(i) it was proceeding to a weighbridge which was the nearest available one to the place where the loading of the vehicle was completed for the purpose of being weighed, or
(ii) it was proceeding from a weighbridge after being weighed to the nearest point at which it was reasonably practicable to reduce the weight to the relevant limit, without causing an obstruction on any road, or
(b) in a case where the limit of that weight was not exceeded by more than 5 per cent.—
(i) that that limit was not exceeded at the time when the loading of the vehicle was originally completed, and
(ii) that since that time no person has made any addition to the load.
(1) Subject to subsections (2) to (4) below, where any regulations under section 41 of this Act contain provisions varying the requirements as regards the construction or weight of any class of vehicles, provision shall be made by the regulations for exempting from those provisions for such period, not being less than five years, as may be specified in the regulations any vehicle of that class registered under the [1971 c. 10.] Vehicles (Excise) Act 1971 before the expiration of one year from the making of the regulations.
(2) No such provision contained in regulations under section 41 as imposes or varies requirements with respect to the braking systems with which motor vehicles must be equipped shall be taken, for the purposes of subsection (1) above or of any other provision of the regulations, to be one relating to the construction of vehicles.
(3) Where regulations under section 41 contain provisions varying the requirements as regards the construction or weight of any class of vehicle, and the Secretary of State is satisfied—
(a) that it is requisite that those provisions shall apply at a date specified in the regulations to vehicles registered before the expiration of one year from the making of the regulations, or to such of them as are specified in the regulations, and
(b) that no undue hardship or inconvenience will be caused by their application then to those vehicles,
then, if the regulations state that the Secretary of State is so satisfied, subsection (1) above shall not apply in relation to those provisions.
(4) Subsection (1) above shall not apply in relation to—
(a) regulations made with respect to any description of weight of goods vehicles, other than their maximum unladen weight, or
(b) regulations made by virtue of section 41(3) of this Act.
(1) The Secretary of State may by order authorise, subject to such restrictions and conditions as may be specified by or under the order, the use on roads—
(a) of special motor vehicles or trailers, or special types of motor vehicles or trailers, which are constructed either for special purposes or for tests or trials,
(b) of vehicles or trailers, or types of vehicles or trailers, constructed for use outside the United Kingdom,
(c) of new or improved types of motor vehicles or trailers, whether wheeled or wheelless, or of motor vehicles or trailers equipped with new or improved equipment or types of equipment, and
(d) of vehicles or trailers carrying loads of exceptional dimensions,
and nothing in sections 41 and 42 of this Act shall prevent the use of such vehicles, trailers, or types in accordance with the order.
(2) The Secretary of State may by order make provision for securing that, subject to such restrictions and conditions as may be specified by or under the order, regulations under section 41 of this Act shall have effect in their application to such vehicles, trailers and types of vehicles and trailers as are mentioned in subsection (1) above subject to such modifications or exceptions as may be specified in the order.
(3) The powers conferred by this section on the Secretary of State to make orders shall be exercisable by statutory instrument except in the case of orders applying only to specified vehicles or to vehicles of specified persons, but in that excepted case (as in others) the order may be varied or revoked by subsequent order of the Secretary of State.
(1) This section applies to motor vehicles other than goods vehicles which are required by regulations under section 49 of this Act to be submitted for a vehicle test under that section and has effect for the purpose of ascertaining whether the prescribed statutory requirements relating to the construction and condition of motor vehicles or their accessories or equipment are complied with.
(2) The Secretary of State may by regulations make provision—
(a) for the examination of vehicles submitted for examination under this section, and
(b) for the issue, where it is found on such an examination that the requirements mentioned in subsection (1) above are complied with, of a certificate (in this Act referred to as a “test certificate”) that at the date of the examination the requirements were complied with in relation to the vehicle.
(3) Examinations for the purposes of this section shall be carried out by—
(a) persons, not being officers of the Secretary of State, authorised for those purposes by the Secretary of State (in this section and section 46 of this Act referred to as “authorised examiners”),
(b) inspectors appointed by the Secretary of State, or
(c) inspectors appointed by any council designated by the Secretary of State for the purposes of this section and section 46 of this Act, being the council of a county, district or London borough or the Common Council of the City of London or the council of a region or islands area.
(4) Where a test certificate is refused, the examiner or inspector must issue a notification of the refusal stating the grounds of the refusal, and a person aggrieved by the refusal or the grounds of the refusal may appeal to the Secretary of State.
(5) On any such appeal the Secretary of State must cause a further examination to be made and either issue a test certificate or issue a notification of the refusal stating the grounds of the refusal.
(6) For the purposes of their functions under this section the Secretary of State or a council designated for the purposes of this section may provide and maintain—
(a) stations where examinations under this section may be carried out, and
(b) apparatus for carrying out such examinations.
(7) The Secretary of State may make regulations under this section for the purpose of giving effect to this section and for prescribing anything authorised by this section and section 46 of this Act to be prescribed.
(8) In its application to vehicles in which recording equipment is required by Article 3 of the Community Recording Equipment Regulation to be installed and used, this section shall have effect as if any reference to prescribed statutory requirements relating to the construction and condition of motor vehicles or their accessories or equipment included a reference to the prescribed requirements of so much of that Regulation as relates to the installation of recording equipment and the seals to be fixed to such equipment.
Regulations under section 45 of this Act may, in particular, make provision as to—
(a) the authorisation of examiners, the imposition of conditions to be complied with by authorised examiners and the withdrawal of authorisations,
(b) the manner in which, conditions under which and apparatus with which examinations are carried out, the maintenance of that apparatus in an efficient state, and the inspection of premises at which and apparatus with which examinations are being, or are to be, carried out,
(c) the manner in which applications may be made for the examination of vehicles under section 45 of this Act, the manner in which and time within which appeals may be brought under subsection (4) of that section, the information to be supplied and documents to be produced on such an application, examination or appeal, the fees to be paid on such an application or appeal, and the repayment of the whole or part of the fee paid on such an appeal where it appears to the Secretary of State that there were substantial grounds for contesting the whole or part of the decision appealed against,
(d) the form of, and particulars to be contained in, test certificates and notifications of the refusal of test certificates, and the supply by the Secretary of State of forms for such certificates and notifications and the charges to be made for the supply of such forms,
(e) the issue of duplicates of test certificates lost or defaced and the fee to be paid for the issue of such duplicates,
(f) the issue of copies of test certificates and the fees to be paid for the issue of such copies,
(g) the keeping by designated councils and authorised examiners of registers of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such registers by such persons and in such circumstances as may be prescribed,
(h) the keeping of records by designated councils and authorised examiners and the providing by them of returns and information to the Secretary of State,
and regulations under that section may make different provision in relation to different cases or classes of cases.
(1) A person who uses on a road at any time, or causes or permits to be so used, a motor vehicle to which this section applies, and as respects which no test certificate has been issued within the appropriate period before that time, is guilty of an offence.
In this section and section 48 of this Act, the “appropriate period” means a period of twelve months or such shorter period as may be prescribed.
(2) Subject to subsections (3) and (5) below, the motor vehicles to which this section applies at any time are—
(a) those first registered under the [1971 c. 10.] Vehicles (Excise) Act 1971, the [1962 c. 13.] Vehicles (Excise) Act 1962, the [1949 c. 89.] Vehicles (Excise) Act 1949 or the [1920 c. 72.] Roads Act 1920, not less than three years before that time, and
(b) those which, having a date of manufacture not less than three years before that time, have been used on roads (whether in Great Britain or elsewhere) before being registered under the Vehicles (Excise) Act 1971 or the Vehicles (Excise) Act 1962,
being, in either case, motor vehicles other than goods vehicles which are required by regulations under section 49 of this Act to be submitted for a goods vehicle test.
(3) As respects a vehicle being—
(a) a motor vehicle used for the carriage of passengers and with more than eight seats, excluding the driver’s seat, or
(b) a taxi (as defined in section 64 (3) of the [1980 c. 34.] Transport Act 1980), being a vehicle licensed to ply for hire, or
(c) an ambulance, that is to say, a motor vehicle which is constructed or adapted, and primarily used, for the carriage of persons to a place where they will receive, or from a place where they have received, medical or dental treatment, and which, by reason of design, marking or equipment is readily identifiable as a vehicle so constructed or adapted,
subsection (2)(a) above shall have effect as if for the period there mentioned there were substituted a period of one year.
(4) For the purposes of subsection (2)(b) above, there shall be disregarded the use of a vehicle before it is sold or supplied by retail.
(5) This section does not apply to vehicles of such classes as may be prescribed.
(6) The Secretary of State may by regulations exempt from subsection (1) above the use of vehicles for such purposes as may be prescribed.
(7) The Secretary of State may by regulations exempt from subsection (1) above the use of vehicles in any such area as may be prescribed.
(8) For the purposes of this section the date of manufacture of a vehicle shall be taken to be the last day of the year during which its final assembly is completed, except where after that day modifications are made to the vehicle before it is sold or supplied by retail, and in that excepted case shall be taken to be the last day of the year during which the modifications are completed.
(9) The Secretary of State may by order made by statutory instrument direct that subsection (2) above shall have effect with the substitution, for three years (in both places), of such other period (not being more than ten years) as may be specified in the order.
An order under this subsection shall not have effect unless approved by resolution of each House of Parliament.
(1) For the purpose of spreading the work of issuing certificates in contemplation of a change in—
(a) the length of the appropriate period, or
(b) the length of the period specified in section 47(2)(a) and (b) of this Act,
(and whether for the purposes of that section or section 66 of this Act), the order or, as the case may be, regulations changing the length of that period may be made so as to come into operation on different days as respects vehicles first registered under any of the enactments mentioned in section 47(2) of this Act at different times.
(2) Where—
(a) within the appropriate period after a test certificate is issued or treated for the purposes of section 47 of this Act as issued, but
(b) not earlier than one month before the end of that period,
a further test certificate is issued as respects the same vehicle, the further certificate shall be treated for the purposes of that section as if issued at the end of the appropriate period.
(3) Where the particulars contained in a test certificate in accordance with regulations made under section 45 of this Act include a date of expiry falling later, but not more than one month later, than the end of the appropriate period after the date on which it is issued—
(a) the certificate shall be deemed to have been issued in respect of the same vehicle as an earlier test certificate, and
(b) the date on which it was issued shall be deemed to have been a date falling within the last month of the appropriate period after the date on which that earlier certificate was issued or treated for the purposes of section 47 of this Act as issued;
and any date of expiry contained in a test certificate shall be deemed to have been entered in accordance with regulations under section 45 of this Act unless the contrary is proved.
(4) The Secretary of State may by regulations make provision for the issue, in such circumstances as may be prescribed, of a certificate of temporary exemption in respect of a public service vehicle adapted to carry more than eight passengers, exempting that vehicle from the provisions of section 47(1) of this Act for such period as may be specified in the certificate.
(5) In relation to any public service vehicle so adapted—
(a) subsections (2) and (3) above shall have effect as if for “one month” (in both places) there were substituted “two months”, and
(b) subsection (3) above shall have effect as if for “last month” there were substituted “last two months”.
(6) In subsections (4) and (5) above “public service vehicle” has the same meaning as in the [1981 c. 14.] Public Passenger Vehicles Act 1981.
(1) The Secretary of State may by regulations make provision for the examination of goods vehicles of any prescribed class—
(a) for the purpose of selecting or otherwise determining plated weights or other plated particulars for goods vehicles of that class, or
(b) for the purpose of ascertaining whether any prescribed construction and use requirements (whether relating to plated particulars or not) are complied with in the case of goods vehicles of that class,
or for both purposes.
(2) In particular the regulations may make provision—
(a) for the determination, according to criteria or by methods prescribed by or determined under the regulations, of the plated particulars for a goods vehicle (including its plated weights), on an examination of the vehicle for the purpose, and for the issue on such an examination, except as provided by regulations made by virtue of paragraph (c) of this subsection, of a certificate (in this Act referred to as a “plating certificate”) specifying those particulars,
(b) for the issue, for a goods vehicle which has been found on examination for the purpose to comply with the prescribed construction and use requirements, of a certificate (in this Act referred to as a “goods vehicle test certificate”) stating that the vehicle has been found so to comply, and
(c) for the refusal of a goods vehicle test certificate for a goods vehicle which is so found not to comply with those requirements and for requiring a written notification to be given—
(i) of any such refusal, and
(ii) of the grounds of the refusal,
and for the refusal of a plating certificate where a goods vehicle test certificate is refused.
(3) References in subsections (1) and (2) above to construction and use requirements shall be construed—
(a) in relation to an examination of a vehicle solely for the purpose of ascertaining whether it complies with any such requirements, as references to such of those requirements as are applicable to the vehicle at the time of the test, and
(b) in relation to an examination of a vehicle both for that purpose and for the purpose of determining its plated particulars, as references to such of those requirements as will be applicable to the vehicle if a plating certificate is issued for it.
(4) In this Part of this Act—
“examination for plating” means an examination under regulations under this section for the purpose of determining plated particulars for a goods vehicle, and
“goods vehicle test” means an examination under regulations under this section for the purpose of ascertaining whether any prescribed construction and use requirements are complied with in the case of a goods vehicle.
(5) In its application to vehicles in which recording equipment is required by Article 3 of the Community Recording Equipment Regulation to be installed and used, this section shall have effect as if any reference to prescribed construction and use requirements included a reference to prescribed requirements of so much of that Regulation as relates to the installation of recording equipment and the seals to be fixed to such equipment.
(1) Any person aggrieved by a determination made on an examination under regulations under section 49 of this Act by the person in charge of the examination may appeal to an area mechanical engineer appointed by the Secretary of State to act for the traffic area in which the original examination was made.
(2) On the appeal the area mechanical engineer must cause the vehicle to be re-examined and make such determination in the matter as he thinks fit.
(3) A person aggrieved by the determination of an area mechanical engineer under subsection (2) above may appeal to the Secretary of State.
(4) On the appeal the Secretary of State must cause the vehicle to be re-examined by an officer appointed by him for the purpose and must make such determination on the basis of the re-examination as he thinks fit.
(5) Regulations under section 49 of this Act may make the like provision in relation to a determination on an appeal under this section as they make in relation to a determination on an examination under the regulations.
(1) Without prejudice to the generality of subsection (1) of section 49 of this Act, regulations under that section may—
(a) require or authorise goods vehicles to which the regulations apply to be submitted for examination under the regulations and, in particular—
(i) require any such vehicle to be submitted for a goods vehicle test at periodic intervals, and
(ii) require or authorise any such vehicle to be submitted for re-examination on the making of any prescribed alteration to it or its equipment and, for the purpose of determining whether any such re-examination is necessary, require any such alteration to be notified to the Secretary of State, and
(iii) require any such vehicle to be submitted for examination or re-examination for any purpose of plating or certification,
(b) authorise any examination under the regulations to be carried out by or under the direction of a goods vehicle examiner,
(c) prescribe the conditions subject to which vehicles will be accepted for such examination and, without prejudice to that—
(i) authorise any person by whom an examination of the vehicle under the regulations or section 50 of this Act is carried out to drive the vehicle, whether on a road or elsewhere, and
(ii) require that a driver of a vehicle examined under those regulations or that section is, except so far as permitted to be absent by the person carrying out the examination, present throughout the whole of the examination and drives the vehicle when directed to do so, and operates the controls in accordance with any directions given to him, by that person,
(d) require the plating certificate for any vehicle to which the regulations apply to specify any alteration to the vehicle or its equipment which is required by the regulations to be notified to the Secretary of State,
(e) authorise the amendment of a plating certificate or the issue of a different plating certificate on the re-examination of any vehicle,
(f) provide for the period of validity of goods vehicle test certificates,
(g) specify the manner in which, and the time before or within which, applications may be made for the examination of vehicles under the regulations or appeals may be brought under section 50 of this Act and the information to be supplied and documents to be produced on any such application, examination or appeal,
(h) make provision as to the fees to be paid on any such application or appeal and as to the repayment of the whole or part of any fee paid on such an appeal where it appears to the Secretary of State that there were substantial grounds for contesting the whole or part of the determination appealed from,
(j) make provision as to the form of, and particulars to be contained in, plating certificates and goods vehicle test certificates and notifications of the refusal of the latter certificates,
(k) provide for the issue of replacements for plates marked with plated particulars, plating certificates and goods vehicle test certificates which have been lost or defaced and for the payment of a fee for their issue,
(l) exempt prescribed classes of vehicles from all or any of the provisions of the regulations either generally or in prescribed circumstances,
(m) make different provision for different cases.
(2) Regulations under section 49 of this Act may provide that a person who contravenes or fails to comply with a requirement of regulations imposed by virtue of subsection (1)(c)(ii) above is guilty of an offence.
(3) In this section any reference to the driving of a vehicle is, in relation to a trailer, a reference to the driving of the vehicle by which the trailer is drawn.
(1) Without prejudice to any regulations made under section 49 of this Act by virtue of section 51(1)(c) of this Act, the Secretary of State may give directions with respect to the manner in which examinations under regulations under section 49 or under section 50 of this Act are to be carried out.
(2) The Secretary of State may provide and maintain stations where examinations of goods vehicles under regulations under section 49 or under section 50 of this Act may be carried out and may provide and maintain the apparatus for carrying out such examinations.
(1) If any person at any time on or after the relevant date—
(a) uses on a road a goods vehicle of a class required by regulations under section 49 of this Act to have been submitted for examination for plating, or
(b) causes or permits to be used on a road a goods vehicle of such a class,
and at that time there is no plating certificate in force for the vehicle, he is guilty of an offence.
In this subsection “relevant date”, in relation to any goods vehicle, means the date by which it is required by the regulations to be submitted for examination for plating.
(2) If any person at any time on or after the relevant date—
(a) uses on a road a goods vehicle of a class required by regulations under section 49 of this Act to have been submitted for a goods vehicle test, or
(b) causes or permits to be used on a road a goods vehicle of such a class,
and at that time there is no goods vehicle test certificate in force for the vehicle, he is guilty of an offence.
In this subsection “relevant date”, in relation to any goods vehicle, means the date by which it is required by the regulations to be submitted for its first goods vehicle test.
(3) Any person who—
(a) uses a goods vehicle on a road, or
(b) causes or permits a goods vehicle to be so used,
when an alteration has been made to the vehicle or its equipment which is required by regulations under section 49 of this Act to be, but has not been, notified to the Secretary of State is guilty of an offence.
(4) In any proceedings for an offence under subsection (3) above, it shall be a defence to prove that the alteration was not specified in the relevant plating certificate in accordance with regulations under section 49 of this Act.
(5) The Secretary of State may by regulations—
(a) exempt from all or any of the preceding provisions of this section the use of goods vehicles for such purposes or in such an area as may be prescribed, and
(b) make provision for the issue in respect of a vehicle in such circumstances as may be prescribed of a certificate of temporary exemption exempting that vehicle from the provisions of subsection (1) or (2) above for such period as may be specified in the certificate.
(1) Without prejudice to section 41 of this Act, the Secretary of State may by regulations prescribe requirements (in this Part of this Act referred to as “type approval requirements”)—
(a) with respect to the design, construction, equipment and marking of vehicles of any class, being requirements which are applicable before, whether or not they are applicable after, vehicles of that class are used on a road,
(b) with respect to the design, construction, equipment and marking of vehicle parts of any class, being requirements which are applicable before, whether or not they are applicable after, vehicle parts of that class are fitted to a vehicle used on a road.
(2) Regulations under this section may provide for the determination, according to criteria or by methods prescribed by or determined under the regulations, of weights of any description which in the opinion of the Secretary of State should not be exceeded in the case of vehicles of any class.
(3) In this Part of this Act references to design weights shall be construed as references to weights determined by virtue of subsection (2) above.
(4) Subject to subsection (5) below, the following provisions of this Act to the end of section 60 apply in relation to parts of vehicles as they apply in relation to vehicles and, accordingly, any reference in those provisions to a vehicle, other than a reference to a goods vehicle, is to be read as including a reference to a vehicle part.
(5) Any provision which relates solely to goods vehicles or design weights does not apply in relation to parts of vehicles, but particular exclusions in those provisions do not affect the generality of this exclusion.
(6) In this Part of this Act, “the relevant aspects of design, construction, equipment and marking”, in relation to any vehicle, means those aspects of design, construction, equipment and marking which are subject to the type approval requirements or which were used as criteria in determining design weights for that vehicle.
Road Traffic Act 1988