Citation and commencement

1. This Order may be cited as the Motor Vehicles (International Circulation) (Amendment) Order 1985 and shall come into operation for all purposes except the purposes of Article 5 on the day after the day on which it is made and for all other purposes forty days after the day on which it is made.

Interpretation

2. In this Order "the principal Order" means the Motor Vehicles (International Circulation) Order 1975 as amended by the Motor Vehicles (International Circulation) (Amendment) Order 1980.

Visitors' Driving Permits

3. In Article 2 of the principal Order-

(a)after paragraph (2) there shall be inserted the following paragraph:-

"(2A) Subject to the provisions of this Article, it shall be lawful for a person resident outside the United Kingdom who is temporarily in Great Britain and holds a British Forces (BFG) public service vehicle driving licence during a period of twelve months from the date of his last entry into the United Kingdom to drive, and be employed in driving, in Great Britain a public service vehicle brought temporarily into Great Britain which he is authorised by that permit to drive, notwithstanding that he is not the holder of such a licence as is required by section 22 of the Public Passenger Vehicles Act 1981"(1); and"1981 c. 14.; and

(b)in paragraph (6) at the end of the definition of "British Forces (BFG) driving licence" there shall be inserted the following words:-

"and "British Forces (BFG) public service vehicle driving licence" means any such driving licence authorising the driving of public service vehicles of any class"

and at the end of that paragraph there shall be added the following words:-

"and "public service vehicle" has the same meaning as in the Public Passenger Vehicles Act 1981.".".

4. In Article 3 (visiting forces) of the principal Order-

(a)in paragraph (1) at the end of sub-paragraph (b) there shall be added the word "or" and after that sub-paragraph there shall be inserted the following sub-paragraph:-

"(c)for a dependant of any such member of a visiting force or of a civilian component thereof who holds such a driving permit"

and

(b)at the end of paragraph (4) there shall be inserted:-

"and "dependant", in relation to a member of any such visiting force or a civilian component thereof, means any of the following persons namely:-

(a)the wife or husband of that member; and

(b)any other person wholly or mainly maintained by him or in his custody, charge or care".

Excise exemption and documents

5.-(1) In Article 5 (Excise exemption and documents for vehicles brought temporarily into Great Britain) of the principal Order-

(a)in paragraph (2) for sub-paragraph (a) there shall be substituted the following sub-paragraph:-

"(a)a vehicle which would, but for this Order, be chargeable with excise duty under section 1 of the Excise Act and Schedule 1, 2 or 5 thereto, and in respect of which relief from customs duty has been afforded by virtue of Parts IV or V of the Customs and Excise Duties (Personal Reliefs for Goods Temporarily Imported) Order 1983(2), shall be exempted from excise duty for such period as relief from customs duty shall continue to be afforded in respect of that vehicle;"

(b)in paragraph (4), for sub-paragraph (b) there shall be substituted the following sub-paragraph:-

"(b)for the recording by a registration authority of any particulars which the Secretary of State may by the regulations direct to be recorded, and for the manner of such recording, and for the making of any such particulars available for use by such persons as may be specified in the regulations on payment, in such cases as may be so specified, of such fee as may be prescribed, and";

and

(c)in paragraph (9) for the definition of "registration authority" there shall be substituted the following definition:-

""registration authority" means the Automobile Association, the Royal Automobile Club, the Royal Scottish Automobile Club, or the Secretary of State;".".

(2) In Article 5A (Excise exemption and documents for vehicles brought temporarily into Northern Ireland) of the principal Order-

(a)in paragraph (2) for sub-paragraph (a) there shall be substituted the following sub-paragraph:-

"(a)a vehicle which would, but for this Order, be chargeable with excise duty under section 1 of the Northern Ireland Excise Act and Schedule 1, 2 or 5 thereto, and in respect of which relief from customs duty has been afforded by virtue of Part IV or V of the Customs and Excise Duties (Personal Reliefs for Goods Temporarily Imported) Order 1983, shall be exempted from excise duty for such period as relief from customs duty shall continue to be afforded in respect of that vehicle;"

and

(b)in paragraph (4), for sub-paragraph (b) there shall be substituted the following sub-paragraph:-

"(b)for the recording by a registration authority of any particulars which the Secretary of State may by the regulations direct to be recorded, and for the manner of such recording, and for the making of any such particulars available for use by such persons as may be specified in the regulations on payment, in such cases as may be so specified, of such fee as may be prescribed, and".

Fees for documents

6. In Schedule 2 to the principal Order for "£2" in each place where it occurs there shall be substituted "£2.50".

EXPLANATORY NOTE

This Order further amends the Motor Vehicles (International Circulation) Order 1975 as amended to give further effect to certain provisions of the following international agreements, namely,

(a) the Convention on Road Traffic of 1949 (Cmd. 7997);

(b) the Convention on Road Traffic of 1968 (Cmnd. 4032);

(c) the Convention on the Taxation of Road Vehicles for Private Use in International Traffic of 1956 (Cmnd. 2039);

(d) the Convention on Motor Traffic of 1926 (Cmd. 3510);

(e) Article IV of the Agreement regarding the Status of Forces of Parties to the North Atlantic Treaty (Cmd. 9363).

The following are the changes introduced by the Order:-

(a) The holder of a British Forces (BFG) public service vehicle driving licence may drive a public service vehicle in Great Britain for up to twelve months from his last entry into the United Kingdom without holding a licence under section 22 of the Public Passenger Vehicles Act 1981 (Article 3).

(b) A dependant (as defined in the Order) of a member of a visiting force to which Part I of the Visiting Forces Act 1952 for the time being applies or a dependant of a member of the civilian component of any such force may drive in Great Britain by virtue of a permit issued under the law of the sending country or issued by the service authorities of the visiting force (Article 4).

(c) Paragraph (2)(a) of articles 5 and 5A of the 1975 Order is replaced by a new paragraph which takes account of the fact that relief from customs duty is now afforded by the Excise Duties (Personal Reliefs for Goods Temporarily Imported) Order 1983. The temporarily imported vehicle is exempt from excise duty for such period as relief from customs duty continues to be afforded (Article 5(1)(a)). The order thereby gives effect in relation to vehicle excise duty to Council Directive (EEC) No. 83/182 of the 28th March 1983 on tax exemptions within the Community for certain means of transport temporarily imported into one Member State from another.

(d) In making regulations under paragraph (4)(b) of Article 5 or 5A for the recording of particulars in relation to temporarily imported vehicles, the Secretary of State may provide for the making of any such particulars available on payment, in specified cases, of such fee as may be prescribed (Article 5(1)(b)).

(e) The Secretary of State is substituted for the Greater London Council as a registration authority for the purposes of Article 5 (Article 5(1)(c)).

(f) The fees for international driving permits and certificates for motor vehicles are increased from £2 to £2.50 (Article 6).