The Motor Vehicles (Authorisation of Special Types) (Amendment) Order 1998

• Citation: S.I. 1998/2249
• Sections: 4

Section 1 Citation and commencement

This Order may be cited as the Motor Vehicles (Authorisation of Special Types) (Amendment) Order 1998 and shall come into force on 18th September 1998.

Section 2 Preliminary

The Motor Vehicles (Authorisation of Special Types) General Order 1979 shall be further amended in accordance with the provisions of this Order.

Section 3 Amendment of article 16 of the Motor Vehicles (Authorisation of Special Types) General Order 1979

(1) Article 16 shall be amended as follows.

(2) After paragraph (1), there shall be inserted the following paragraph–

(1A) In this Article–

“the 1986 Regulations ” means the Road Vehicles (Construction and Use) Regulations 1986 ; and

“the 1989 Regulations ” means the Road Vehicles Lighting Regulations 1989 .

(3) In paragraph (2)–

(a) in sub-paragraphs (A) and (B), for the words “the Construction and Use Regulations” in each place where those words occur there shall be substituted the words “the 1986 Regulations and the 1989 Regulations”;

(b) in condition (a), there shall be inserted at the beginning the words “subject to paragraph (3)”;

(c) for condition (b), there shall be substituted the following sub-paragraph–

(b) the relevant requirements, to the extent that they are applicable to the vehicle, shall be complied with or (as the case may be) shall not be contravened;

(d) in condition (c), there shall be inserted at the beginning the words “subject to paragraph (7),”;

(e) in condition (d), there shall be inserted at the beginning the words “subject to paragraph (8),” and for the words “Regulations 9 or 73 of the Construction and Use Regulations” there shall be substituted the words “Regulation 7 of the 1986 Regulations”;

(f) in condition (e), there shall be inserted at the beginning the words “subject to paragraph (8),”;

(g) in condition (f), for the words “the Construction and Use Regulations” there shall be substituted the words “the 1986 Regulations”.

(4) After paragraph (2), there shall be inserted the following paragraphs–

(3) Paragraph (2)(a) shall not apply if the vehicle is being used in the following circumstances–

(a) a person (“the approved person”) has been approved by the Secretary of State for the purposes of this article in respect of the vehicle;

(b) the vehicle is registered under the Vehicle Excise and Registration Act 1994 in the name of the approved person and no one else; and

(c) the requirements of paragraph (4) or (5) are met.

(4) The requirements of this paragraph are that the vehicle is being used by the approved person and he is using it for the sole purpose of making an evaluation of the vehicle.

(5) The requirements of this paragraph are that–

(a) the approved person has lent the vehicle to a person (“the borrower”) for the borrower’s own use on terms which include a requirement that the borrower must–

(i) supply to the approved person information or opinions derived from such use; and

(ii) return the vehicle to the approved person on demand;

(b) the vehicle is being used by the borrower in accordance with such terms; and

(c) the approved person requires the information or opinions for the purposes of evaluating the vehicle.

(6) For the purposes of paragraph (2)(b), the relevant requirements are the requirements of–

(a) the provisions of the 1986 Regulations (so far as they would otherwise apply to the vehicle) set out in the left hand column of Table I below as modified for the purposes of this article in accordance with the entries in the right hand column of that Table; and

(b) the provisions of the 1989 Regulations (so far as they would otherwise apply to the vehicle) set out in the left hand column of Table II below as modified for the purposes of this Article in accordance with the entries made in the right hand column of that Table.

(7) Paragraph (2)(c) shall not apply to the vehicle when it is being used in circumstances where all the provisions of the 1986 Regulations as to the weights of vehicles whether laden or unladen, or the weights transmitted to the road surface by all or any of the wheels are complied with.

(8) If a vehicle forms part of a combination of vehicles, paragraph (2)(d) and (e) shall have effect in relation to that vehicle as if–

(a) each reference to its overall length included a reference to the overall length of the combination of vehicles; and

(b) the reference to particulars of the vehicle were a reference to particulars of each vehicle in the combination.

(9) A reference in this Article to any enactment comprised in the 1986 Regulations or the 1989 Regulations is a reference to that enactment as from time to time amended or as from time to time re-enacted with or without modification.

(10) Nothing in this Article shall be construed as authorising a vehicle to be used when–

(a) the condition of the vehicle or its accessories or equipment;

(b) the purpose for which it is used;

(c) the number of passengers carried by it, or the manner in which they are carried; or

(d) the weight, position or distribution of its load, or the manner in which it is secured,

is such that the use of the vehicle involves a danger of injury to any person.

(see paragraph (6)(a))

(see paragraph (6)(b))

In regulation 18(1)(b) there shall be added at the end:

as if–

(i) the requirements relating to the markings of lamps, retro-reflectors and rear markings were omitted;

(ii) the requirements relating to angles of visibility were omitted;

(iii) the requirements relating to the positioning of any lamp, retro-reflector or rear marking permitted any specified maximum measurement to be increased by 5 per cent and any specified minimum measurement to be decreased by 5 per cent; and

(iv) the requirements relating to the fitting of a dim-dip device or running lamp in Table 1 of Schedule 1 were omitted.

In paragraph (1), after the words paragraph (2) there shall be inserted “and subject to paragraph (3)”.

In paragraph (3), there shall be added at the end:

as if–

the requirements relating to the markings of lamps, retro-reflectors and rear markings were omitted;

the requirements relating to angles of visibility were omitted; and

the requirements relating to the positioning of any lamp, retro-reflector or rear marking permitted any specified maximum measurement to be increased by 5 per cent and any specified minimum measurement to be decreased by 5 per cent.

Section 4 Amendment of article 16 of the Motor Vehicles (Authorisation of Special Types) General Order 1979

The Motor Vehicles (Authorisation of Special Types) ( No. 2) Order 1951 is hereby revoked.