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	United Kingdom Statutory Instruments
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"the 1988 Act" means the Road Traffic Act 1988[2];

"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[3];

(b) the Vehicles (Excise) Act 1949[4];

(c) the Vehicles (Excise) Act (Northern Ireland) 1954[5];

(d) the Vehicles (Excise) Act 1962[6];

(e) the Vehicles (Excise) Act 1971[7];

(f) the Vehicles (Excise) Act (Northern Ireland) 1972[8];

"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;

"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;

"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	[9]District Council as defined in the Local Government Act (Northern Ireland) 1972
Scotland	[10]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 4(3)(b); and

"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 accordingly.

    (2) In regulations 21 to 25 "vehicle trader" has the meaning given by regulation 20(6) and in 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.

Electrically assisted pedal cycles and pedestrian controlled vehicles
     4.  - (1) The requirements specified in regulation 4 of the Electrically Assisted Pedal Cycles Regulations 1983[11] are hereby prescribed as requirements for the purposes of paragraph 2A of Schedule 2 to the 1994 Act (electrically assisted pedal cycles exempt vehicles if of a class complying with prescribed requirements).

    (2) Nothing in the following provisions of these Regulations applies to a vehicle which is an electrically assisted pedal cycle or pedestrian controlled vehicle.

    (3) In this regulation - 

(a) "electrically assisted pedal cycle" means a vehicle which, by virtue of paragraph (1), is an electrically assisted pedal cycle for the purposes of paragraph 2A of Schedule 2 to the 1994 Act; and

(b) "pedestrian controlled vehicle" means a vehicle with three or more wheels which does not exceed 450 kgs in weight unladen and which is neither constructed nor adapted for use nor used for the carriage of a driver or passenger.

(a) paragraph 3(1A) (buses);

(b) paragraph 6(2A)(b) (vehicles used to carry exceptional loads);

(c) paragraph 7(3A)(b) (haulage vehicles);

(d) paragraph 9A (rigid goods vehicles); and

(e) paragraph 11A (tractive units).

    (3) Schedule 2 shall have effect with respect to reduced pollution certificates and the reduced pollution requirements.

Exhibition of vehicle and nil licences
     6.  - (1) When a vehicle licence or nil licence has been delivered to the Secretary of State with an application for a replacement licence, no licence need be fixed to and exhibited on the vehicle to which the licence relates until the replacement licence is obtained.

    (2) Except where paragraph (1) applies, the manner in which any vehicle licence or nil licence in force for a vehicle is to be fixed to and exhibited on the vehicle in accordance with the provisions of section 33(1) or (1A) of the 1994 Act, when it is used or kept on a public road, is that specified in the following provisions of this regulation.

    (3) Each such licence shall be fixed to the vehicle in a holder sufficient to protect the licence from the weather to which it would otherwise be exposed.

    (4) The licence shall be exhibited on the vehicle - 

(a) in the case of an invalid vehicle, tricycle or bicycle, other than in a case specified in sub-paragraph (b) or (c) of this paragraph, on the near side of the vehicle;

(b) in the case of a bicycle drawing a side-car or to which a side-car is attached, on the near side of the handlebars of the bicycle or on the near side of the side-car;

(c) in the case of any vehicle fitted with a glass windscreen in front of the driver extending across the vehicle to its near side, on or adjacent to the near side of the windscreen;

(d) in the case of any other vehicle - 


(i) if the vehicle is fitted with a driver's cab containing a near side window, on that window; or

(ii) on the near side of the vehicle in front of the driver's seat and not less than 760 mm and not more than 1.8 metres above the surface of the road.

    (5) In each case referred to in paragraph (4), the licence shall be so exhibited that all the particulars on the licence are clearly visible in daylight from the near side of the road.

Prohibition against exhibiting anything resembling a vehicle, trade or nil licence
     7. No person shall exhibit on a vehicle which is kept or used on a public road anything - 

(a) which is intended to be, or

(b) which could reasonably be,

mistaken for a vehicle licence, a nil licence or a trade licence which is for the time being in force for, or in respect of, the vehicle.

Issue of duplicate vehicle, trade and nil licences
     8.  - (1) Where a vehicle licence, trade licence or nil licence - 

(a) has been, or may have been, lost, stolen, destroyed or damaged; or

(b) contains any particulars which have become illegible,

the holder of the licence shall apply to the Secretary of State for the issue of a duplicate.

    (2) An application under paragraph (1) shall be accompanied by - 

(a) the registration document issued in respect of the vehicle or, if the applicant is unable to comply with this requirement, by an application to the Secretary of State for the issue of a replacement registration document in accordance with regulation 13;

(b) a fee of £7, if the licence to be replaced is a vehicle or trade licence; and

(c) the licence to be replaced, if the reason for replacement is that it has been damaged or contains any particulars which have become illegible.

    (3) No fee is payable under paragraph (2)(b) if the Secretary of State is satisfied that the loss of the licence occurred in the course of the transmission of the licence by the office issuing it to the keeper of the vehicle.

    (4) On receiving an application under paragraph (1) made in accordance with this regulation, the Secretary of State shall issue a replacement licence if he is satisfied that the licence has been, or may have been, lost, stolen, destroyed or damaged.

    (5) If a replacement licence has been issued on the ground that the original has been, or may have been, lost, stolen or destroyed, and the original licence is subsequently found or recovered, the keeper of the vehicle - 

(a) if the original is in his possession, shall forthwith return it to the Secretary of State, or

(b) if it is not in his possession but he becomes aware that it is found or recovered, shall take all reasonable steps to obtain possession of it and return it to the Secretary of State.

Surrender of vehicle and trade licences
     9.  - (1) The holder of a vehicle licence or trade licence who wishes to surrender his licence and to claim a rebate in respect of the unexpired term, in accordance with section 19(1) of the 1994 Act, shall make an application, signed by him, to the Secretary of State.

    (2) The application shall be accompanied by the licence and, in the case of a trade licence, any trade plates held by the holder in connection with the licence.

Correction of registration document
     14.  - (1) Where the keeper of a vehicle believes that the particulars in the registration document issued in respect of that vehicle are, or have become, inaccurate, he shall forthwith notify the Secretary of State of the inaccuracy.

    (2) Notification under paragraph (1) shall be accompanied by the registration document, unless it has been, or may have been, lost stolen or destroyed.

    (3) Where the Secretary of State believes that the particulars in the registration document issued in respect of a vehicle are inaccurate - 

(a) if the document has not been sent to him in accordance with paragraph (2), he may require the registered keeper of the vehicle to send it to him;

(b) whether or not he has received the document, he may correct the particulars in the register; and

(c) after correcting the particulars he shall, unless he has not received the registration document as required by paragraph (2) and subject to regulation 15, send a registration document containing the correct particulars to the registered keeper.

Issue of new registration document
     15.  - (1) Before issuing a new registration document in respect of a vehicle under any provision of these Regulations, the Secretary of State may require the keeper of the vehicle to satisfy him by the production of the vehicle or other sufficient evidence that the vehicle - 

(a) accords with the particulars furnished when a vehicle or nil licence was last applied for in respect of it; or

(b) is the registered vehicle.

    (2) The Secretary of State may refuse to issue a new registration document in respect of a vehicle if he is not satisfied as mentioned in paragraph (1).

    (3) The provisions of Schedule 3 shall have effect in relation to the issue of a new registration document in respect of a vehicle (in this regulation and in Schedule 3 called "the relevant vehicle") where - 

(a) the relevant vehicle falls within category M1 of Annex II to Council Directive 70/156/EEC[15], and

(b) either an insurer has informed the Secretary of State that it has decided to pay the value of the relevant vehicle to the owner in preference to paying for the cost of repairing it or the registration document has been surrendered to the Secretary of State under regulation 20(5).

    (4) For the purposes of paragraph (3) and Schedule 3 the return of a registration document for a vehicle registered in the NI records in accordance with regulation 18(2)(b) shall be taken to be the issue of a new registration document.

Notification of destruction or permanent export of a vehicle
     17. Where a vehicle is destroyed or sent permanently out of - 

(a) Great Britain; or

(b) Northern Ireland,

the registered keeper shall immediately notify the Secretary of State of the fact and, at the same time, surrender the registration document to him.

Notification of a change of the keeper's name or address
     18.  - (1) If the registered keeper of a vehicle changes his name or his address, he shall forthwith notify the new name or address to the Secretary of State and, except where the registration document has been lost, stolen or destroyed, shall deliver the registration document to him.

    (2) On receiving notification in accordance with paragraph (1) the Secretary of State shall, subject to regulation 15, - 

(a) record the alteration in the register, and

(b) in the case of a vehicle registered in the GB records, send to the registered keeper a new registration document showing the new name or address or, in the case of a vehicle registered in the NI records, return the registration document to the registered keeper amended to show the new name or address or send him a new registration document showing that information.

Notification of a change of the name or address of the holder of a trade licence
     19.  - (1) If the holder of a trade licence changes the name of his business or his business address, he shall notify the Secretary of State of this fact and of the new name or address forthwith and shall at the same time deliver up the licence to the Secretary of State.

    (2) On receiving notification in accordance with paragraph (1) the Secretary of State shall - 

(a) record the alteration in the register of trade licences; and

(b) send to the holder a new trade licence showing the correct particulars.

Change of keeper: general provisions
     20.  - (1) Regulations 21 to 25 have effect subject to the provisions of this regulation.

    (2) On a change in the keeper of a vehicle, any current vehicle licence for the vehicle may be delivered to the new keeper.

    (3) So far as they provide for the issue of a new registration document, regulations 21 to 25 have effect subject to the provisions of regulation 15.

    (4) Paragraph (5) shall apply and regulations 21 to 25 shall not apply where - 

(a) a vehicle has sustained damage to its bodywork such that the cost of commercial repair would exceed the value of the vehicle when repaired; and

(b) either the keeper of the vehicle does not have the benefit of a policy of insurance or cover note which covers the damage or the keeper is an insurer.

    (5) On a change of keeper to which this paragraph applies the keeper shall forthwith surrender the registration document to the Secretary of State or, if an insurer, destroy it.

    (6) In regulations 21 to 25 "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.

Change of keeper: registration document issued in Great Britain before 24th March 1997
     21.  - (1) This regulation applies where the current registration document for a vehicle was issued in Great Britain before 24th March 1997 and a change in the keeper of the vehicle occurs.

    (2) The registered keeper - 

(a) if the registration document is in his possession, shall deliver that part of it which relates to a change of keeper to the new keeper; and

(b) shall forthwith deliver to the Secretary of State, on that part of the registration document which relates to the notification of transfer (or otherwise in writing), the following information - 


(i) notification of the change of keeper;

(ii) the date on which the vehicle was sold or transferred to the new keeper;

(iii) the name and address of the new keeper;

(iv) the registration mark of the vehicle; and

(v) the make, model and colour of the vehicle.

    (3) If the new keeper - 

(a) intends to use or keep the vehicle on public roads otherwise than under a trade licence; or

(b) does not intend to use or keep the vehicle on public roads,

he shall notify the Secretary of State of his name and address, on the appropriate part of the registration document (or otherwise in writing).

    (4) If the new keeper intends to use the vehicle on public roads solely under a trade licence, he shall notify the Secretary of State that this is his intention on or before whichever is the sooner of - 

(a) the expiration of the period three months beginning with the date on which he became the keeper of the vehicle; or

(b) if a further change of keeper occurs, the date of that change.

Change of keeper: registration document issued in Great Britain on or after 24th March 1997 and the new keeper not a vehicle trader
     22.  - (1) This regulation applies where - 

(a) there is a change in the keeper of a vehicle;

(b) a vehicle registration document has been issued in respect of the vehicle in Great Britain on or after 24th March 1997; and

(c) the new keeper is not a vehicle trader.

    (2) The registered keeper of the vehicle - 

(a) if the registration document issued in respect of the vehicle is in his possession, shall deliver to the new keeper that part of the document marked as the part which is to be given to the new keeper; and

(b) shall forthwith deliver the remainder of the registration document to the Secretary of State, duly completed to include the following - 


(i) the name and address of the new keeper;

(ii) the date on which the vehicle was sold or transferred to the new keeper;

(iii) a declaration signed by the registered keeper that the details given in accordance with paragraph (i) are correct to the best of his knowledge and that the details given in accordance with paragraph (ii) are correct; and

(iv) a declaration signed by the new keeper that the details given in accordance with paragraphs (i) and (ii) are correct.

Change of keeper: obligations of registered keeper where vehicle registration document issued in Great Britain on or after 24th March 1997 and the new keeper a vehicle trader
     23.  - (1) Subject to regulation 24, this regulation applies where - 

(a) there is a change in the keeper of a vehicle;

(b) the person disposing of the vehicle is the registered keeper;

(c) a vehicle registration document has been issued in respect of the vehicle in Great Britain on or after 24th March 1997; and

(d) the new keeper is a vehicle trader.

    (2) The registered keeper shall forthwith notify the Secretary of State, on that part of the registration document which relates to the transfer to a vehicle trader, or otherwise in writing, of the following - 

(a) the name and address of the vehicle trader;

(b) the date on which the vehicle was transferred to the vehicle trader;

(c) a declaration signed by the registered keeper that he transferred the vehicle to the vehicle trader on the date specified in accordance with sub-paragraph (b); and

(d) a declaration signed by the vehicle trader that the vehicle was transferred to him on the date specified in accordance with sub-paragraph (b).

    (3) If the registration document issued in respect of the vehicle is in his possession, the registered keeper shall deliver to the vehicle trader those parts of it not required to be sent to the Secretary of State under paragraph (2).

Change of keeper: obligations of vehicle traders where registration document issued in Great Britain on or after 24 March 1997
     24.  - (1) This regulation applies where a vehicle trader becomes the keeper of a vehicle in respect of which a vehicle registration document has been issued in Great Britain on or after 24 March 1997.

    (2) Where this regulation applies the vehicle trader shall, on or before the appropriate date and on that part of the registration document which relates to a change of keeper or otherwise in writing, notify the Secretary of State as to - 

(a) the transfer of the vehicle to him; and

(b) the date on which he became the keeper of the vehicle.

    (3) For the purposes of paragraph (2) the appropriate date is whichever is the earliest of - 

(a) the day on which the vehicle trader first uses, or permits the use of, the vehicle on a public road otherwise than under a trade licence;

(b) the day on which he first keeps the vehicle on such a road;

(c) the day immediately following the expiration of the period of three months ("the three months period of grace") beginning with the day after the date on which the vehicle was last kept by a person who was not a vehicle trader.

    (4) Where this regulation applies and the vehicle trader transfers the vehicle to another vehicle trader before the expiration of the three months period of grace, he shall give to the new keeper any part of the registration document in his possession.

    (5) Where the vehicle trader transfers the vehicle to another person in a case not falling within paragraph (4), he shall - 

(a) forthwith deliver to the Secretary of State, on that part of the registration document which relates to the change of keeper or otherwise in writing, the following - 


(i) the name and address of the new keeper;

(ii) the date on which the vehicle was transferred to the new keeper;

(iii) a declaration signed by the registered keeper that the details given in accordance with paragraph (i) are correct to the best of his knowledge and that the details given in accordance with paragraph (ii) are correct; and

(iv) a declaration signed by the new keeper that the details given in accordance with paragraphs (i) and (ii) are correct; and



(b) if the registration document issued in respect of the vehicle is in his possession, deliver to the new keeper those parts of it not required to be sent to the Secretary of State under sub-paragraph (a).

Change of keeper: registration document issued in Northern Ireland
     25.  - (1) Where there is a change in the keeper of a vehicle for which the registration document was issued in Northern Ireland - 

(a) the disposing keeper shall forthwith deliver the registration document to the new keeper if it is in his possession and, unless both the disposing keeper and the new keeper are vehicle traders and the three months period of grace has not expired, shall forthwith notify the change of keeper to the Secretary of State, stating the registration mark of the vehicle, its make and class and the name and address of the new keeper; and

(b) the new keeper - 


(i) if he is not a vehicle trader, shall forthwith notify the Secretary of State of the transfer of the vehicle to him, stating his name and address and, if the registration document is in his possession, deliver it to the Secretary of State; or

(ii) if he is a vehicle trader, shall comply with the requirements of paragraph (2).

    (2) A vehicle trader who becomes the keeper of a vehicle for which the registration document was issued in Northern Ireland shall, on or before the appropriate date, deliver the registration document to the Secretary of State and notify him of - 

(a) the transfer of the vehicle to him; and

(b) the date on which he became the keeper of the vehicle.

    (3) In this regulation - 

(a) "the appropriate date" in relation to a vehicle trader means whichever is the earliest of - 


(i) the day on which the vehicle trader first uses, or permits the use of, the vehicle on a public road otherwise than under a trade licence;

(ii) the day on which he first keeps the vehicle on such a road;

(iii) the day immediately following the expiration of the three months period of grace; and



(b) "the three months period of grace" in relation to a vehicle means the period of three months beginning with the day after the date on which the vehicle was last kept by a person who was not a vehicle trader.

Statutory off-road notification
     26. Schedule 4 shall have effect for the purpose of prescribing, the particulars to be furnished and the declarations to be made, and the times at which and the circumstances and manner in which they are to be made, by a person who - 

(a) surrenders a vehicle licence;

(b) does not renew a vehicle licence on its expiration; or

(c) keeps an unlicensed vehicle.

(a) "a decriminalised parking contravention" means any act or omission which would have been an offence but for any of the following provisions of the Road Traffic Act 1991, that is to say - 


(i) section 65 (contravention of certain orders relating to parking places in London not to be a criminal offence);

(ii) section 76(3) (provisions creating certain stationary vehicle offences to cease to apply in special parking areas in London);

(iii) paragraph 1(4) of Schedule 3 (contravention of certain orders relating to parking places outside London not to be a criminal offence); and

(iv) paragraph 2(4) of Schedule 3 (provisions creating certain stationary vehicle offences to cease to apply in special parking areas outside London); and



(b) "an officer of Customs and Excise" means an officer as defined in section 1(1) of the Customs and Excise Management Act 1979[16] and includes any person engaged as mentioned in section 8(2) of that Act.

Sale of information derived from particulars contained in the register
     28. The Secretary of State may sell information derived from particulars contained in the register - 

(a) to such persons as the Secretary of State thinks fit;

(b) for such price and on such other terms, and subject to such restrictions, as the Secretary of State thinks fit,

if the information does not identify any person or contain anything enabling any person to be identified.

    (3) Any registration mark assigned under paragraph (2) shall be deemed to be assigned under section 23 of the 1994 Act for the purposes of subsection (2) of that section and of these Regulations.

    (4) No vehicle licence or nil licence shall be issued by the Secretary of State in respect of the vehicle so registered.

    (5) Where a Government Department is the registered keeper of a vehicle, regulations 20, 21, 22, 23, 24 and 25 shall apply on a change in the keeper of a vehicle and regulations 20, 21, 22 and 25 shall apply on a change in the keeper of a vehicle from one Government Department to another.

Certificates of Crown exemption
     31.  - (1) Subject to regulation 29(2), for the purposes of identification, a certificate of Crown exemption shall be displayed on every vehicle belonging to the Crown which is used or kept on a public road.

    (2) A certificate of Crown exemption is a certificate - 

(a) marked with the registration mark of the vehicle to which it relates;

(b) stating that the vehicle is exempt from vehicle excise duty as a Crown vehicle;

(c) signed by a duly authorised officer of the Government Department by which the vehicle is kept.

    (3) Regulation 7 (exhibition of vehicle and nil licences) of these Regulations shall apply as if references to a vehicle licence included a reference to a certificate of Crown exemption.

Application of Regulations to exempt vehicles
     32. Subject to the provisions of these Regulations, these Regulations shall apply to exempt vehicles so far as they are capable of being applied to such vehicles.

Nil licences
     33.  - (1) In this regulation "nil licensable vehicle" means a vehicle which is an exempt vehicle otherwise by virtue of paragraph 2, 2A, 3, 22 or 23 of Schedule 2 to the 1994 Act.

    (2) A nil licence is required to be in force in respect of a nil licensable vehicle which is used or kept on a public road.

    (3) A nil licence shall - 

(a) be granted for a period of 12 months beginning with the first day of the month in which the application for the licence is received by the Secretary of State; and

(b) be in the same form as a vehicle licence with the word "NIL" marked in the space provided for indicating the amount of vehicle excise duty payable.

    (4) The keeper of a nil licensable vehicle may apply to the Secretary of State for a nil licence by making to him such a declaration and furnishing him with such particulars and such documentary or other evidence as might be specified under section 7 of the 1994 Act if the keeper desired to take out a vehicle licence for the vehicle.

    (5) The Secretary of State may accept a declaration given, and particulars furnished, orally by telephone.

    (6) In the case of a vehicle which is an exempt vehicle by virtue of - 

(a) paragraph 19 of Schedule 2 to the 1994 Act, or

(b) paragraph 7 of Schedule 4 to that Act,

the Secretary of State shall require the keeper to furnish him with a certificate that paragraph 19 of Schedule 2 or, as the case may be, paragraph 7 of Schedule 4 applies, unless the Secretary of State satisfies himself by other means that one of those paragraphs applies.

    (7) The certificate shall be obtained by the keeper of the vehicle from the Secretary of State for Work and Pensions, the Secretary of State for Defence or the Department for Social Development for Northern Ireland, whichever is appropriate.

    (8) Paragraphs (4) to (7) do not apply where the person applying for a nil licence agrees to comply with such conditions as may be specified in relation to him by the Secretary of State.

    (9) If, following an application made in accordance with this regulation, the Secretary of State is satisfied that a vehicle is a nil licensable vehicle, he shall issue a nil licence to the keeper of the vehicle.

    (10) If at any time vehicle excise duty becomes chargeable under the 1994 Act in respect of a vehicle which immediately before that time was a nil licensable vehicle, the keeper of the vehicle shall forthwith return to the Secretary of State - 

(a) any nil licence issued in respect of the vehicle; and

(b) any certificate obtained by him for the purposes of paragraph (6) in relation to the vehicle.

Exemptions from vehicle excise duty: vehicles imported by members of foreign armed forces and others
     34. Schedule 5, which provides for the exemption from vehicle excise duty of vehicles imported into Great Britain by members of foreign armed forces and other persons, shall have effect.

Period for review of decision refusing an application for a trade licence
     36. For the purposes of section 14(3)(b) of the 1994 Act (which relates to the review by the Secretary of State of his decision refusing an application for a trade licence by a person entitled to make such an application) the period within which such an applicant may request the Secretary of State for such a review shall be 28 days beginning with the day after the day on which the decision was given.

Conditions subject to which trade licences are to be issued
     37. The conditions subject to which trade licences are to be issued, and with which every holder of a trade licence shall comply, shall be those specified in Part I of Schedule 6.

Purposes for which the holder of a trade licence may use a vehicle by virtue of the licence
     38. Part II of Schedule 6 shall have effect for prescribing the purposes for which a vehicle may be used by virtue of a trade licence.

Assignment of general registration marks
     39. On issuing a trade licence the Secretary of State shall assign to the holder of the licence a general registration mark in respect of that licence.

Issue of trade plates
     40.  - (1) Subject to paragraphs (3) and (4), the Secretary of State shall issue to every holder of a trade licence, as respects each licence held by him, a set of trade plates appropriate to the class of vehicles for which the licence is to be used.

    (2) Each trade plate shall show the general registration mark assigned to the holder of the licence in respect of the licence, and one of the trade plates shall include a means whereby the licence may be fixed to it.

    (3) Where the holder of a trade licence satisfies the Secretary of State that the vehicles which he will use by virtue of the licence include vehicles which would otherwise be liable to vehicle excise duty under paragraph 2 of Schedule 1 to the 1994 Act (motorcycles) and other vehicles, the Secretary of State shall issue to the holder an additional trade plate in respect of the vehicles otherwise liable to vehicle excise duty under that paragraph.

    (4) Where the licence is to be used only in respect of vehicles to which paragraph 2 of Schedule 1 to the 1994 Act applies (motorcycles), the Secretary of State shall issue only one trade plate to the holder of the licence and that plate shall include a means whereby the licence may be fixed to it.

    (5) Each trade plate shall remain the property of the Secretary of State and shall be returned forthwith to the Secretary of State by the person to whom it was issued if that person ceases to be - 

(a) the holder of the trade licence in respect of which the trade plate was issued; or

(b) a motor trader or a vehicle tester.

Issue of replacement trade plates
     41.  - (1) If any trade plate issued by the Secretary of State to the holder of a trade licence is lost, stolen, destroyed or materially damaged, the holder of the licence shall apply to the Secretary of State for the issue to him of a replacement set of trade plates.

    (2) On receipt of an application under paragraph (1) the Secretary of State shall so issue a replacement set if - 

(a) he has received all those trade plates in the set which are still in the possession of the holder of the licence;

(b) except where paragraph (3) applies, the fee prescribed by paragraph (4) has been paid; and

(c) he is satisfied that any plate has been lost, stolen, destroyed or materially damaged.

    (3) If only that part of a trade plate which consists of a means whereby the trade licence may be fixed to it is lost, stolen, destroyed or materially damaged, the holder of the licence shall apply to the Secretary of State for the issue to him of a replacement means of fixing the licence and, upon payment of the fee prescribed by paragraph (4)(c), the Secretary of State shall issue such a replacement.

    (4) The fees payable under paragraphs (2) and (3) shall be - 

(a) for a replacement set of trade plates comprising two plates, £13.50;

(b) for a replacement set of trade plates comprising three plates, £18;

(c) for a replacement of a single trade plate issued under regulation 40(4), £7; and

(d) for a replacement means of fixing a trade licence to a trade plate, £2.

    (5) No fee shall be payable under paragraph (4)(a) or (b) on account of the replacement of a trade plate, if the Secretary of State is satisfied that the plate has become illegible or the colour of the plate has been altered (whether by fading or by other means) otherwise than by reason of any act or omission of the licence holder.

    (6) If a replacement set of trade plates has been issued on the ground that any of the original trade plates has been lost, stolen or destroyed, and the original plate is subsequently found or recovered, the holder of the licence - 

(a) if the original plate is in his possession, shall forthwith return it to the Secretary of State, or

(b) if it is not in his possession but he becomes aware that it is found or recovered, shall take all reasonable steps to obtain possession of it and return it to the Secretary of State.

Display of general registration mark of holder of a trade licence and exhibition of licence
     42.  - (1) Where a vehicle is in use under a trade licence the general registration mark assigned to the holder of a trade licence shall be displayed on the vehicle in the manner specified in paragraph (2).

    (2) The trade plates issued by the Secretary of State shall be fixed to and displayed on the vehicle in such a manner that, if the general registration mark assigned to the holder were a registration mark assigned to the vehicle, the provisions of regulations 5 and 6 of the Road Vehicles (Display of Registration Marks) Regulations 2001[17] (the "2001 Regulations") would be complied with, notwithstanding the vehicle may not have been first registered on or after the relevant date, as defined in regulation 2(1) of the 2001 Regulations, or it is a works truck (as defined by paragraph 4(6) of Schedule 1 to the 1994 Act) or an agricultural machine (as defined by regulation 2(1) of the 2001 Regulations) or a road roller.

    (3) The prescribed manner of exhibiting a trade licence on a vehicle for the purposes of section 33(1)(b) of the 1994 Act is that specified in paragraph (4).

    (4) The trade licence shall be - 

(a) exhibited on the front of the vehicle so as to be clearly visible at all times in daylight; and

(b) fixed by means of the trade plate issued to the licence holder which contains a means for fixing the licence to it.

    (3) In measuring cylinders for the purpose of calculating cylinder capacity, and in calculating cylinder capacity, fractions of centimetres are to be taken into account.

Seating capacity of buses
     44.  - (1) For the purpose of Part III of Schedule 1 to the 1994 Act (annual rates of vehicle excise duty applicable to buses), the seating capacity of a bus shall be taken to be the number of persons that may be seated in the bus at any one time, as determined in accordance with the principles specified in paragraph (2).

    (2) Those principles are - 

(a) where separate seats for each person are provided one person shall be counted for each separate seat provided;

(b) where the vehicle is fitted with continuous seats one person shall be counted for each complete length of 410 mm measured in a straight line lengthwise on the front of each seat;

(c) where any continuous seat is fitted with arms in order to separate the seating spaces and the arms can be folded back or otherwise put out of use, the arms shall be ignored in measuring the seat;

(d) no account shall be taken of - 


(i) the driver's seat; or

(ii) any seats alongside the driver's seat, whether separate from or continuous with it, if the Secretary of State is satisfied that the use of those seats by members of the public will not be permitted during the currency of the licence applied for.

    (3) In paragraph (2) "driver's seat" means - 

(a) any separate seat occupied by the driver; or

(b) where no such seat is provided and the driver occupies a portion of a continuous seat, so much of that seat as extends from the right edge of the seat if the vehicle is steered from the right-hand side, or from the left edge of the seat if the vehicle is steered from the left-hand side, to a point 460 mm left or right, as the case may be, of the point on the seat directly behind the centre of the steering column.

Recovery vehicles: prescribed purposes
     45.  - (1) The purposes specified in Part I of Schedule 7 are hereby prescribed for the purposes of paragraph 5(3)(e) of Schedule 1 to the 1994 Act (purposes for which a recovery vehicle may be used).

    (2) The purposes specified in Part II of Schedule 7 are hereby prescribed for the purposes of paragraph 5(4) of Schedule 1 to the 1994 Act (purposes to be disregarded in determining whether a vehicle is a recovery vehicle).

Admissibility of evidence from records
     46.  - (1) The matters specified in paragraph (2) are hereby prescribed for the purposes of section 52(1) of the 1994 Act (matters with respect to which statements in documents are admissible in evidence).

    (2) The matters are anything relating to - 

(a) an application for - 


(i) a vehicle licence;

(ii) a trade licence;

(iii) a repayment of vehicle excise duty under section 19 of the 1994 Act (surrender of licences); or

(iv) the recovery of overpaid vehicle excise duty;



(b) a vehicle licence, trade licence, nil licence, registration document or registration mark;

(c) a trade plate;

(d) the recovery of underpaid vehicle excise duty;

(e) the conviction of any person for an offence under the 1994 Act or its predecessor legislation;

(f) the exemption of a vehicle from vehicle excise duty;

(g) the liability of the person by whom a vehicle is kept to pay any sum in accordance with section 30 of the 1994 Act;

(h) the immobilisation, removal or disposal of a vehicle pursuant to regulations made under Schedule 2A to the 1994 Act.

Regulations prescribed under section 59(2) of the 1994 Act
     47. The regulations specified in column (1), whose subject matter is referred to in column (2), of the table in Schedule 8 are hereby prescribed as regulations to which section 59(2)(a) of the 1994 Act (fines not to exceed level 3 on the standard scale applies).



Signed by authority of the Secretary of State


David Jamieson
Parliamentary-Under Secretary of State, Department for Transport

4th November 2002

(a) a vehicle examiner appointed by the Secretary of State pursuant to section 66A of the 1988 Act[18];

(b) a vehicle examiner appointed by the Department of the Environment for Northern Ireland pursuant to Article 74 of the Road Traffic (Northern Ireland) Order 1995[19]; or

(c) a person authorised by the Secretary of State to conduct reduced pollution examinations;

"Directive 1999/96" means Directive 1999/96/EC of the European Parliament and of the Council of 13th December 1999 on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and against the emission of gaseous and particulate pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Council Directive 88/77/EEC[20];

"eligible vehicle" means a vehicle which is an eligible vehicle as defined by section 61B(4) of the 1994 Act;

"prescribed adaptation" shall be construed in accordance with paragraph 4(2);

"prescribed fee" means the fee prescribed by paragraph 13;

"rectification notice" has the meaning given by paragraph 9(1);

"reduced pollution examination" means an examination of an eligible vehicle for the purpose of determining whether a reduced pollution certificate should be issued for that vehicle";

"vehicle identification number" has the same meaning as in regulation 67 of the Road Vehicles (Construction and Use) Regulations 1986[21] or in regulation 80 of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999[22]; and

a reference, in whatever terms, to an eligible vehicle which satisfies or does not satisfy the reduced pollution requirements is to an eligible vehicle with respect to which the reduced pollution requirements are, or are not, satisfied.

    (2) For the purposes of this Schedule and of regulation 5, a reduced pollution certificate shall be deemed to be issued, and a notice or notification shall be deemed to be given, by an authorised examiner if it is signed by that examiner or on behalf of that examiner by a person authorised by him to sign it on his behalf.

Applications for reduced pollution certificates
     2.  - (1) An application for a reduced pollution certificate shall be made to the Secretary of State.

    (2) The Secretary of State shall fix the time when and the place where a reduced pollution examination is to be carried out and shall inform the applicant accordingly.

    (3) The Secretary of State may by notice to the applicant alter the time or place fixed for the examination, but shall not alter the time to an earlier time without the consent of the applicant.

Reduced pollution examinations
     3.  - (1) A reduced pollution examination shall be carried out by an authorised examiner.

    (2) An authorised examiner may refuse to examine an eligible vehicle if - 

(a) the vehicle is not presented at the time and place appointed for the examination;

(b) the prescribed fee has not been paid;

(c) the information specified in sub-paragraph (3) has not been provided;

(d) the person presenting the vehicle is not willing, to the extent necessary for the purpose of properly carrying out the examination, - 


(i) to give the examiner access to the engine and the fuel and exhaust systems,

(ii) to operate the controls of the vehicle, or

(iii) generally to co-operate with the examiner;



(e) the vehicle is in so dangerous or dirty a condition that the examination cannot be carried out properly;

(f) the vehicle has insufficient fuel or oil in it for the examination to be carried out; or

(g) the vehicle's engine has failed electrically or mechanically.

    (3) The information referred to in sub-paragraph (2)(c) is - 

(a) the name and address (including post code) of the applicant;

(b) the registration mark of the vehicle (if the vehicle has been registered);

(c) the make and model of the vehicle;

(d) the vehicle identification number of the vehicle;

(e) the date of manufacture of the vehicle; and

(f) particulars of the prescribed adaptation made to the vehicle, whereby it is claimed that the vehicle satisfies the reduced pollution requirements.

The reduced pollution requirements
     4.  - (1) An eligible vehicle satisfies the reduced pollution requirements for the purposes of the 1994 Act at any time when, as a result of an adaptation of a description specified in paragraph (2) ("a prescribed adaptation") having been made to it after 17th March 1998, it satisfies the reduced pollution requirements in accordance with paragraph (3) or (4).

    (2) A prescribed adaptation is - 

(a) the fitting of a new engine to an eligible vehicle; or

(b) the fitting to the engine of an eligible vehicle of a device, for which there is in force a certificate of conformity issued by the manufacturer of the vehicle under section 57 of the 1988 Act[23] on the basis that the device complies with approval requirements prescribed for the purpose of these Regulations by the Secretary of State in regulations made by him under section 54 of that Act.

    (3) An eligible vehicle - 

(a) for which a reduced pollution certificate was not in force on 4th January 2001; and

(b) which at the time that it was first used was required to comply or did comply, as to the rate and content of its emissions, with the requirements specified in an instrument referred to in column (2) of an item in Table 1 below,

satisfies the reduced pollution requirements if it is so adapted that the rate and content of its particulate emissions do not exceed the number of grams per kilowatt-hour specified in column (3) of the item.


TABLE I

(1)	(2)	(3)
Item	Instrument setting the standard to which the eligible vehicle was first used	Rate and content of particulate emissions after adaptation (grams per kilowatt-hour)
1	Directive 88/77/EEC[24]	0.16
2	Directive 91/542/EEC[25] (limits A)	0.16
3	Directive 91/542/EEC (limits B)	0.03
4	Directive 1999/96 Annex I, paragraph 6.2.1, Table 1 Row A and Table 2 Row A	0.03

    (4) An eligible vehicle - 

(a) for which a reduced pollution certificate was in force on 4th January 2001; and

(b) which at the time that it was first used was required to comply or did comply, as to the rate and content of its emissions, with the requirements specified in an instrument referred to in column (2) of an item in Table 2 below,

satisfies the reduced pollution requirements if it is so adapted that the rate and content of its particulate emissions do not exceed the number of grams per kilowatt-hour specified in column (3) of the item.


TABLE 2

(1)	(2)	(3)
Item	Instrument setting the standard to which the eligible vehicle was first used	Rate and content of particulate emissions after adaptation (grams per kilowatt-hour)
1	Directive 88/77/EEC	0.16
2	Directive 91/542/EEC (limits A)	0.16
3	Directive 91/542/EEC (limits B)	0.08
4	European Commission Proposal Com (97) 627 for a European and Council Directive amending Council Directive 88/77[26]	0.04

    (5) An eligible vehicle which was first used before 1st April 1991 shall be taken - 

(a) if it is a vehicle such as is referred to in paragraph (3), to be a vehicle to which item 1 of Table 1 applies; or

(b) if it is a vehicle such as is referred to in paragraph (4), to be a vehicle to which item 1 of Table 2 applies.

    (6) A vehicle shall be taken to have been first used on the date on which it was registered under the 1994 Act or its predecessor legislation.

Determination of applications and issue of certificates or notification of refusal
     5.  - (1) An authorised examiner who has carried out a reduced pollution examination shall issue a reduced pollution certificate to the applicant if and only if he is satisfied that the eligible vehicle satisfies the reduced pollution requirements.

    (2) A reduced pollution certificate shall be granted for such period as the Secretary of State may determine.

    (3) If an authorised examiner is not satisfied that an eligible vehicle that he has examined satisfies the reduced pollution requirements, he shall notify the applicant of his refusal of the application and of the reasons for it.

Contents of a reduced pollution certificate
     6. A reduced pollution certificate shall contain the following information - 

(a) the registration mark of the eligible vehicle;

(b) the date on which the certificate expires;

(c) the make and model of the vehicle;

(d) the vehicle identification number;

(e) particulars of the prescribed adaptation that has been made to the vehicle;

(f) the emission standard as specified in column (3) of the Table in paragraph 4(3) or 4(4) with which the vehicle has been adapted so as to comply; and

(g) the vehicle testing station or other place at which the reduced pollution examination was conducted.

Reduced pollution certificate to be conclusive
     7.  - (1) If at any time a reduced pollution certificate is in force for an eligible vehicle that certificate shall be conclusive evidence that the vehicle satisfies the reduced pollution requirements at that time.

    (2) If at any time no reduced pollution certificate is in force for an eligible vehicle, that fact shall be conclusive evidence that the vehicle does not satisfy the reduced pollution requirements at that time.

Re-examination of an eligible vehicle for which a reduced pollution certificate is in force
     8.  - (1) An authorised examiner may at any time by notice require the registered keeper of an eligible vehicle for which a reduced pollution certificate is in force to submit it, at a place and within a period specified in the notice (or at such other place or within such longer period as may be agreed by the Secretary of State), for a re-examination for the purpose of determining whether it still satisfies the reduced pollution requirements.

    (2) Paragraphs 2(3) and 3(2) (except paragraph 3(2)(b)) apply to a re-examination under this paragraph.

    (3) If an eligible vehicle for which a reduced pollution certificate is in force is found after a re-examination under this paragraph to satisfy the reduced pollution requirements, the authorised examiner who carried out the re-examination shall give notice to that effect to the registered keeper or to the person who brought the vehicle to the re-examination and to the Secretary of State.

Rectification notice
     9.  - (1) If, after an examination under paragraph 8 or otherwise, an eligible vehicle for which a reduced pollution certificate is in force is found no longer to satisfy the reduced pollution requirements, the authorised examiner who carried out the examination shall give notice ("a rectification notice") to that effect to the registered keeper or the person who brought the vehicle to the examination.

    (2) A rectification notice shall state in what respect the vehicle was found not to satisfy the reduced pollution requirements.

    (3) A rectification notice shall state that, unless the vehicle is submitted for a further examination, at the place and within the period specified in the notice (or at such other place) or within longer period as may be agreed by the Secretary of State), and is found at that further examination to satisfy the reduced pollution requirements, the Secretary of State will at the expiration of that period revoke the reduced pollution certificate for the vehicle.

    (4) Paragraphs 2(3) and 3(2) apply to an examination under sub-paragraph (3).

Revocation, surrender and cancellation of a reduced pollution certificate
     10.  - (1) The Secretary of State may by notice given to the registered keeper revoke a reduced pollution certicate - 

(a) if he is satisfied, in consequence of a re-examination under paragraph 9(3) that an eligible vehicle for which the reduced pollution certificate is in force no longer satisfies the reduced pollution requirements; or

(b) if the registered keeper of an eligible vehicle who has been required to submit it for re-examination under paragraph 8 or following a rectification notice has failed to do so in accordance with this Schedule.

    (2) A reduced pollution certificate which has been revoked by notice under paragraph (1) shall cease to have effect on the date specified for that purpose in the notice.

    (3) Where a notice has been given in respect of the eligible vehicle under paragraph 8(1) or 9(3), the notice under paragraph (1) shall not be given before the end of the period for submitting the vehicle for a further examination specified in the notice under paragraph 8(1) or, as the case may be, 9(3).

    (4) The registered keeper of a vehicle for which a reduced pollution certificate is in force may at any time surrender the certificate to the Secretary of State for cancellation, whereupon the certificate shall cease to have effect.

    (5) Where a certificate is revoked in accordance with paragraph (1) the registered keeper shall surrender the certificate to the Secretary of State for cancellation within the period specified for this purpose in the notice given under paragraph (1).

Replacement certificates
     11. At any time when a reduced pollution is in force in respect of a vehicle the Secretary of State may, on surrender of the certificate or its identifiable remains, issue a replacement certificate for the remainder of the period for which the surrendered certificate was in force.

Appeal against refusal or revocation of a certificate
     12.  - (1) A person aggrieved by a refusal to issue a reduced pollution certificate following a reduced pollution examination, or by the revocation of a reduced pollution certificate, may appeal to the Secretary of State.

    (2) An appeal shall - 

(a) be made before the expiration of the period of 14 days beginning with the day on which an authorised examiner gives notice under paragraph 5(3) or the Secretary of State gave notice under paragraph 10(1);

(b) state the grounds on which it is made; and

(c) be sent by post or facsimile transmission to the Secretary of State - 


(i) at the Goods Vehicle Centre, Welcombe House, 91/92 The Strand, Swansea SA1 2DH, in the case of a vehicle which was examined in Great Britain; or

(ii) at the Driver and Vehicle Testing Agency, Headquarters, Balmoral Road, Belfast BT12 6QL, in the case of a vehicle which was examined in Northern Ireland.

    (3) As soon as reasonably practicable after the receipt of an appeal made in accordance with sub-paragraph (2) the Secretary of State shall notify the appellant of - 

(a) the place at which the examination for the purposes of the appeal will take place; and

(b) the time when it will start.

    (4) The examination shall be carried by a person who has not previously examined the vehicle and who is - 

(a) in the case of an examination carried out in Great Britain, authorised by the Secretary of State to carry out examinations for the purposes of this paragraph; or

(b) in the case of an examination carried out in Northern Ireland, an authorised examiner.

    (5) At the conclusion of an examination under this paragraph the Secretary of State shall either issue a reduced pollution certificate or give the appellant notice that the appeal is dismissed and the grounds of dismissal.

    (6) Paragraphs 2(3) and 3(2) apply to an examination under this paragraph.

Prescribed fees
     13.  - (1) Subject to sub-paragraphs (1) and (3) the prescribed fee for carrying out any examination of an eligible vehicle under this Schedule (except an examination under paragraph 8, for which no fee shall be payable) shall be - 

(a) £25, except in a case falling within paragraph (b);

(b) £15, if it is carried out at the same time as an examination of the vehicle - 


(i) for the purposes of determining whether a certificate of initial fitness should be issued under section 6 of the Public Passenger Vehicles Act 1981[27] or a public service vehicle licence should be granted under Article 61 of the Road Traffic (Northern Ireland) Order 1981[28];

(ii) for the purposes of an examination carried out for the purposes of section 45 of the 1988 Act[29], Article 61(1) of the Road Traffic (Northern Ireland) Order 1995 (test certificates); or

(iii) for one or more of the purposes mentioned in section 49(1) of the 1988 Act or Article 65 of the Road Traffic (Northern Ireland) Order 1995 (plating and testing of goods vehicles).

    (2) If, at the request of the applicant, the time appointed for an examination is out of hours, the fee payable under sub-paragraph (1) shall be increased by £8.40.

    (3) If, at the request of the applicant, an examination is carried out otherwise than at premises provided and maintained by the Secretary of State under section 52 of the 1988 Act or Article 73, of the Road Traffic (Northern Ireland) Order 1995[30] the fee payable under the preceding provisions of this paragraph shall be increased by £3.50.

    (4) In sub-paragraph (2) "out of hours" means - 

(a) at any time on Saturday, Sunday, Christmas Day, a Bank Holiday (as defined by the Banking and Financial Dealings Act 1971[31]) or (in relation to Great Britain) Good Friday or (in relation to Northern Ireland) Easter Tuesday or any other day on which tests are not normally conducted at vehicle testing stations;

(b) or on any other day except - 


(i) in Great Britain, between 8.00 am and 5.00 pm on Monday to Thursday inclusive or between 8.00 am and 4.30 on a Friday; or

(ii) in Northern Ireland, between 8.45 am and 4.55 pm on Monday to Friday inclusive.