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Vehicle Excise (Design Weight Certificate) Regulations 1995

As Enacted Cited authorities 13 Cited in Amendments 4 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1995/1455
Year1995

1995 No. 1455

ROAD TRAFFIC

The Vehicle Excise (Design Weight Certificate) Regulations 1995

Made 8th June 1995

Laid before Parliament 8th June 1995

Coming into force 1st July 1995

The Secretary of State for Transport, in exercise of the powers conferred by sections 57 and 61A of the Vehicle Excise and Registration Act 19941and of all other powers enabling him in that behalf, hereby makes the following Regulations;

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Vehicle Excise (Design Weight Certificate) Regulations 1995 and shall come into force on the 1st July 1995.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

“the Plating and Testing Regulations” means the Goods Vehicles (Plating and Testing) Regulations 19882;

“the 1988 Act” means the Road Traffic Act 19883;

“the 1994 Act” means the Vehicle Excise and Registration Act 1994;

“design weight certificate” means a certificate issued under these Regulations stating the design weight of a vehicle;

“design weight examination” means an examination under these Regulations other than a re-examination on an appeal;

“Goods Vehicle Centre” and “standard lists” have the meanings given by regulation 3(1) of the Plating and Testing Regulations.

(2) In these Regulations, the following expressions shall have the same meaning as in Part II of the 1988 Act—

“goods vehicle”;

“motor vehicle”;

“plated weights”;

“plating certificate”;

“vehicle examiner”.

(3) Without prejudice to section 17 of the Interpretation Act 19784and subject to context, a reference in these Regulations to any enactment comprised in subordinate legislation (within the meaning of that Act) is a reference to that enactment as from time to time amended or re-enacted with or without modification.

S-3 Issue of design weight certificates

Issue of design weight certificates

3. The Schedule to these Regulations shall effect.

S-4 Effect of a design weight certificate

Effect of a design weight certificate

4.—(1) Where, at any time—

(a)

(a) a design weight certificate is in force as respects a vehicle; and

(b)

(b) the vehicle has not acquired a design weight by reason of any adaptation made since the relevant examination that is greater than the design weight stated in the certificate,

the certificate shall have conclusive effect for the purposes of the 1994 Act (but not these Regulations) as to the design weight of the vehicle at that time.

(2) In this regulation “relevant examination”, in relation to a design weight certificate, means the examination or re-examination under these Regulations following which the certificate was issued.

S-5 Production of a design weight certificate on application for a licence

Production of a design weight certificate on application for a licence

5. Where—

(a) a person applies for a vehicle licence for a vehicle to which Part VIII of Schedule 1 to the 1994 Act applies; and

(b) it appears to the Secretary of State that the vehicle does not have a confirmed maximum weight,

the Secretary of State may, before making a determination for the purposes of section 7(5) of the 1994 Act, require the production of a design weight certificate in respect of the vehicle.

S-6 Adaptation of a vehicle

Adaptation of a vehicle

6. An adaptation of a vehicle shall be treated as permanent for the purposes of section 60A(5) of the 1994 Act if, and only if, it is an adaptation with respect to which a design weight certificate has been issued.

Steven Norris

Parliamentary Under Secretary of State

Department of Transport

8th June 1995

THE SCHEDULE

Regulation 3

ISSUE OF DESIGN WEIGHT CERTIFICATES

SCH-1.1

1. Applications

(1) Any person wishing to have a design weight certificate for a vehicle shall make an application for that purpose to the Secretary of State.

(2) Every such application shall—

(a)

(a) be on a form approved by the Secretary of State;

(b)

(b) contain the particulars required by the form; and

(c)

(c) be accompanied by a fee of £13.50.

(3) The vehicle shall be submitted for a design weight examination at the time and place appointed by the Secretary of State.

(4) Where the date appointed for the design weight examination is, at the applicant’s request, a Saturday, the fee in the respect of the examination shall be increased by £8.40.

(5) Any sum payable by virtue of sub-paragraph (4) above, shall be paid to the Secretary of State on or before the date appointed for the design weight examination.

SCH-1.2

2. Determination of design weight where a vehicle has never been issued with either a plating certificate or a design weight certificate

(1) This paragraph applies to a vehicle if no plating certificate or design weight certificate has ever been issued in respect of it.

(2) Where a vehicle to which this paragraph applies is submitted for a design weight examination, a vehicle examiner shall cause the vehicle to be examined for the purpose of determining whether—

(a)

(a) the vehicle is of a make, model and type to which the standard lists apply;

(b)

(b) the constructional particulars relating to that make, model and type are substantially complied with by the vehicle; and

(c)

(c) the weights shown in the standard lists are applicable to the vehicle.

(3) For the purpose mentioned in sub-paragraph (2) above, the vehicle examiner shall have regard to—

(a)

(a) the particulars as respect to the vehicle shown in the application form; and

(b)

(b) any information which may have been supplied to the Secretary of State subsequent to the publication of standard lists as to the applicability of any of the weights shown in those lists.

(4) If the vehicle examiner determines that the vehicle is of a make, model and type or otherwise one to which the weight shown in the standard lists apply, there shall be determined as the design weight, the weight which appears from those lists for vehicles of that make, model and type (however shown or otherwise expressed) to be—

(a)

(a) if the vehicle is a tractive unit, the weight which is required by the design of the vehicle not to be exceeded by an articulated vehicle which—

(i) consists of the vehicle and any semi-trailer being drawn by it, and

(ii) is in normal use and travelling on a road laden; or

(b)

(b) if the vehicle is not a tractive unit, the weight which the vehicle is designed not to exceed when in normal use and travelling on a...

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