Motor Vehicles (Construction and Use) (Amendment) Regulations 1970

JurisdictionUK Non-devolved

1970 No. 49

ROAD TRAFFIC

The Motor Vehicles (Construction and Use) (Amendment) Regulations 1970

15thJanuary 1970

27thJanuary 1970

1stMarch 1970

The Minister of Transport, in exercise of his powers under section 64(1) of the Road Traffic Act 1960(a) as amended by section 51 of and Schedule 4 to the Road Traffic Act 1962(b) and of all other enabling powers, and after consultation with representative organisations in accordance with the provisions of section 260(2) of the said Act of 1960, hereby makes the following Regulations:—

1.—(1) These Regulations shall come into operation on the 1st March 1970 and may be cited as the Motor Vehicles (Construction and Use) (Amendment) Regulations 1970.

(2) The Interpretation Act 1889(c) shall apply for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament.

2. The Motor Vehicles (Construction and Use) Regulations 1969(d), as amended(e), shall be further amended in accordance with the following provisions of these Regulations.

3. Regulation 3(1) (Interpretation) shall have effect as though—

(a) after the definition of "indivisible load" there were inserted the following definition:—

"'industrial tractor' means a tractor, not being a land tractor, which—

(a) has an unladen weight not exceeding 7¼ tons,

(b) is designed and used primarily for work off roads, or for work on roads in connection only with road construction or maintenance (including any such tractor when fitted with an implement or implements designed primarily for use in connection with such work, whether or not any such implement is of itself designed to carry a load), and

(c) is so constructed as to be incapable of exceeding a speed of 20 miles per hour on the level under its own power;";

(a) 1960 c. 16.

(b) 1962 c. 59.

(c) 1889 c. 63.

(d) S.I. 1969/321 (1969 I, p. 829).

(e) There is no relevant amending instrument.

(b) for the definition of "stop light", there were substituted the following definition:—

"'stop lamp' means a lamp fitted to a motor vehicle, or to a trailer drawn by a motor vehicle, for the purpose of warning other road users, when the lamp is lit, that the brakes of the motor vehicle or, in the case of a trailer, the brakes of the drawing vehicle or of the combination of vehicles, are being applied;".

4. Regulation 4 (Application and Exemptions) shall have effect as though—

(a) in paragraph (6), in sub-paragraph (a) for the words "Part I" there were substituted the words "Part I, Part II (so far as it relates to direction indicators and stop lights)"; and

(b) after paragraph (6) there were inserted the following paragraph:—

"(6A) Part II of these Regulations, except Regulations 7, 33 to 35 inclusive, 39, 43, 48 and 57, shall not apply to any motor vehicle manufactured in Great Britain which has been purchased by a person who is temporarily in Great Britain and is or is about to be resident abroad and in respect of which—

(a) relief from purchase tax has been afforded by virtue of section 23 of the Purchase Tax Act 1963(a), or

(b) there is no liability to pay purchase tax,

for a period—

(i) in the case at (a), not exceeding one year during which relief from purchase tax continues to be afforded in respect of that vehicle, and

(ii) in the case at (b), not exceeding one year from the date it was purchased by such a person as a new vehicle from a manufacturer of or dealer in mechanically propelled vehicles,

provided the vehicle complies in every respect with the requirements specified in the last preceding paragraph of this Regulation and contained in the Conventions of 1949 and 1926 therein referred to as if the vehicle had been brought temporarily into Great Britain.".

5. For the heading above Regulation 31 (Direction indicators) and Regulation 32 (Stop lights), namely, "B.-Direction Indicators and Stop Lights" and for those Regulations there shall be substituted the following heading and Regulations:—

"B.-DIRECTION INDICATORS AND STOP LAMPS

Provision as to direction indicators when fitted

31.—(1) Every motor vehicle (other than a two-wheeled motor cycle with or without a sidecar attached) first used on or after 1st January 1936 and before 1st September 1965 which is fitted with a direction indicator shall—

(a) if it is a vehicle fitted with electric lighting equipment, comply with the provisions relating to direction indicators contained in either Part I or Part II or Part III of Schedule 3; or

(b) if it is a vehicle not fitted with such equipment, comply with the provisions relating to direction indicators contained in Part V of the said Schedule.

(a) 1963 c. 9.

(2) Every two-wheeled motor cycle with or without a sidecar attached first used on or after 1st January 1936 which is fitted with a direction indicator shall comply with the provisions relating to direction indicators contained in either the said Part I or Part II or in Part V of the said Schedule.

(3) Save as provided in paragraph (4) of this Regulation, every trailer manufactured after 1st July 1955 and before 1st January 1971 which is fitted with a direction indicator shall comply with the provisions relating to direction indicators contained in either Part III or Part VI of Schedule 3.

(4) Every motor vehicle (other than a two-wheeled motor cycle with or without a sidecar attached) first used on or after 1st September 1965 and before 1st January 1971 which is fitted with a direction indicator shall comply with the provisions relating to direction indicators contained in Part III of Schedule 3, and any trailer drawn by such a motor vehicle, or by a motor vehicle first used before 1st September 1965 and fitted with direction indicators in accordance with those provisions, shall be fitted with direction indicators in accordance with those provisions.

Requirements for direction indicators to be fitted

31A.—(1) Save as provided in paragraph (2) of this Regulation, on and after 1st January 1971—

(a) every motor vehicle first used before 1st September 1965 shall be fitted with direction indicators in accordance with the provisions of either Part I, Part II or Part III of Schedule 3, and

(b) every motor vehicle first used on and after 1st September 1965 and before 1st July 1973 shall be fitted with direction indicators in accordance with the provisions of Part III of Schedule 3,

(c) every trailer manufactured after 1st July 1955 and before 1st July 1973 shall be fitted with direction indicators in accordance with the provisions of either Part III or Part VI of Schedule 3, except that if it is drawn by a motor vehicle fitted with direction indicators in accordance with Part III of the said Schedule it shall be fitted with direction indicators in accordance with that Part.

(2) Nothing in this Regulation shall apply to—

(a) a motor vehicle—

(i) which is a two-wheeled motor cycle with or without a sidecar attached;

(ii) which is an industrial tractor, a...

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