Vehicle Excise and Registration Act 1994 (c. 22)

(The document as of February, 2008)

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on that occasion.

(3) In subsection (1)"appropriately proved" means proved to the satisfaction of the court--

(a) on oath, or

(b) in the manner prescribed--

(i) in England and Wales, by rules under section 144 of the [1980 c. 43.] Magistrates' Courts Act 1980, or

(ii) in Northern Ireland, by magistrates' courts rules, as defined by Article 2(3) of the [S.I.1981/1675 (N.I.26).] Magistrates' Courts (Northern Ireland) Order 1981.

52 Records

(1) A statement to which this section applies is admissible in any proceedings as evidence (or, in Scotland, sufficient evidence) of any fact stated in it with respect to matters prescribed by regulations made by the Secretary of State to the same extent as oral evidence of that fact is admissible in the proceedings.

(2) This section applies to a statement contained in a document purporting to be--

(a) a part of the records maintained by the Secretary of State in connection with any functions exercisable by him under or by virtue of this Act,

(b) a copy of a document forming part of those records, or

and to be authenticated by a person authorised to do so by the Secretary of State.

(3) In subsections (1) and (2)"statement" and"document"--

(a) in England and Wales, have the same meanings as in section 10(1) of the [1968 c. 64.] Civil Evidence Act 1968,

(b) in Scotland, have the same meanings as in section 17(3) of the [1968 c. 70.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1968, and

(c) in Northern Ireland, have the same meanings as in section 6(1) of the [1971 c. 36 (N.I.).] Civil Evidence Act (Northern Ireland) 1971.

(4) In subsection (2) the reference to a copy of a document is to be construed--

(a) in England and Wales, in accordance with section 10(2) of the [1968 c. 64.] Civil Evidence Act 1968,

(b) in Scotland, in accordance with section 17(4) of the [1968 c. 70.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1968, and

(c) in Northern Ireland, in accordance with section 6(2) of the [1971 c. 36 (N.I.).] Civil Evidence Act (Northern Ireland) 1971.

(5) Nothing in subsection (3) or (4) limits to civil proceedings the references to proceedings in subsection (1).

53 Burden of proof

Where in any proceedings for an offence under section 29, 34, 37 or 45 any question arises as to--

(a) the number of vehicles used,

(b) the character, weight or cylinder capacity of a vehicle,

(d) the purpose for which a vehicle has been used,

the burden of proof in respect of the matter lies on the accused.

54 Single witness sufficient in certain Scottish proceedings

In any proceedings in Scotland for an offence under section 29 or 33 the accused may be convicted on the evidence of one witness.

55 Guilty plea by absent accused

(1) This section applies where, under section 12(2) of the [1980 c. 43.] Magistrates' Courts Act 1980 or Article 24(2) of the [S.I. 1981/1675 (N.I.26).] Magistrates' Courts (Northern Ireland) Order 1981, a person is convicted in his absence of--

(a) an offence under section 29, or

(b) an offence under section 102 of the [1979 c. 2.] Customs and Excise Management Act 1979 in relation to a vehicle licence or a trade licence,

and it is appropriately proved that a relevant notice was served on the accused with the summons.

(2) In subsection (1)"appropriately proved" means--

(a) in England and Wales, proved to the satisfaction of the court--

(i) on oath, or

(ii) in the manner prescribed by rules under section 144 of the Magistrates' Courts Act 1980, and

(b) in Northern Ireland, proved to the satisfaction of the court--

(i) on oath,

(ii) by affidavit, or

(iii) in the manner prescribed by magistrates' courts rules, as defined by Article 2(3) of the Magistrates' Courts (Northern Ireland) Order 1981.

(3) In this section"relevant notice", in relation to an accused, means a notice stating that, in the event of his being convicted of the offence, it will be alleged that an order requiring him to pay an amount specified in the notice falls to be made by the court--

(a) in a case within subsection (1)(a), under section 30, or

(b) in a case within subsection (1)(b), under section 36.

(4) Where this section applies, the court shall proceed under section 30, or section 36, as if the amount specified in the relevant notice were the amount calculated in accordance with that section.

(5) The court shall not so proceed if it is stated in the notification purporting to be given by or on behalf of the accused under--

(a) section 12(2) of the [1980 c. 43.] Magistrates' Courts Act 1980, or

(b) Article 24(2) of the [S.I. 1981/1675 (N.I.26).] Magistrates' Courts (Northern Ireland) Order 1981,

that the amount specified in the relevant notice is inappropriate.

Penalties etc.

56 Penalties and fines

(1) Any penalty recovered under or by virtue of this Act shall be paid into the Consolidated Fund.

(2) Section 151 of the [1979 c. 2.] Customs and Excise Management Act 1979 (application of penalties) does not apply to penalties recovered under or by virtue of this Act.

(3) Any fine imposed under or by virtue of this Act which (apart from this subsection) would not be paid into the Consolidated Fund shall be so paid.

Part V Supplementary

Regulations and orders

57 Regulations

(1) The Secretary of State may make regulations generally for the purpose of carrying into effect the provisions of this Act (other than sections 7(2) and (3), 8, 26, 27, 52 and 54).

(2) Regulations under this Act--

(a) may make different provision for different cases or circumstances, and

(b) may contain such incidental, consequential and supplemental provisions as the Secretary of State considers expedient for the purposes of the regulations.

(3) Regulations under this Act (other than regulations under section 26 or 27)--

(a) may make different provision for different parts of the United Kingdom, and

(b) may provide for exemptions from any provision of the regulations.

(4) Nothing in any other provision of this Act limits subsections (1) to (3).

(5) Regulations under sections 20(4), 22, 23(4) and (5), 24(1) to (3) and 28 may provide that any document for which provision is made by the regulations--

(a) is to be in such form, and

(b) is to contain such particulars,

as may be specified by a person prescribed by the regulations.

(6) Any power to make regulations under this Act is exercisable by statutory instrument.

(7) A statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(8) Subsection (7) does not apply to a statutory instrument containing only regulations under paragraph 2(4) of Schedule 1.

58 Fees prescribed by regulations

(1) Any fee prescribed by regulations under section 7(6)(b) or 14(4)(b), and any charge prescribed by regulations under section 25(1), shall be of an amount approved by the Treasury.

(2) Section 128 of the [1990 c. 29.] Finance Act 1990 (power to provide for repayment of fees and charges) applies to any power under this Act to make provision for payment of a fee or charge as it applies to any power to make such provision conferred before that Act was passed.

59 Regulations: offences

(1) A person who contravenes or fails to comply with any regulations under this Act (other than any regulations under section 24, 26, 27 or 28) is guilty of an offence.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding--

(a) in the case of regulations prescribed by regulations made by the Secretary of State as regulations to which this paragraph applies, level 3 on the standard scale, and

(b) in any other case, level 2 on the standard scale.

(3) The prescribing of regulations as regulations to which subsection (2)(a) applies does not affect the punishment for a contravention of, or failure to comply with, the regulations before they were so prescribed.

(4) Regulations under section 24 or 28 may provide that a person who contravenes or fails to comply with any specified provision of the regulations is guilty of an offence.

(5) A person guilty of such an offence is liable on summary conviction to a fine not exceeding--

(a) in the case of regulations under section 24, level 1 on the standard scale, and

(b) in the case of regulations under section 28, level 3 on the standard scale.

60 Orders

(1) Any power of the Secretary of State to make an order under this Act is exercisable by statutory instrument.

(2) A statutory instrument containing an order under section 3(3) or paragraph 8 of Schedule 4 is subject to annulment in pursuance of a resolution of either House of Parliament.

(3) No order is to be made under paragraph 5(5) of Schedule 1 unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

Interpretation

61 Vehicle weights

(1) In this Act a reference to the plated gross weight of a goods vehicle or trailer is a reference--

(a) in the case of a trailer which may lawfully be used in Great Britain without a Ministry plate (within the meaning of regulations under section 41 or 49 of the [1988 c. 52.] Road Traffic Act 1988), to the maximum laden weight at which the trailer may lawfully be used in Great Britain, and

(b) otherwise, to the weight which is the maximum gross weight which may not be exceeded in Great Britain for the vehicle or trailer as indicated on the appropriate plate.

(2) In this Act a reference to the plated train weight of a vehicle is a reference to the weight which is the maximum gross weight which may not be exceeded in Great Britain for an articulated vehicle consisting of the vehicle and any semi-trailer which may be drawn by it as indicated on the appropriate plate.

(3) In subsections (1) and (2)"appropriate plate", in relation to a vehicle or trailer, means--

(a) where a Ministry plate (within the meaning of regulations under section 41 or 49 of the Road Traffic Act 1988) has been issued, or has effect as if issued, for the vehicle or trailer following the issue or amendment of a plating certificate (within the meaning of Part II of that Act), that plate,

(b) where paragraph (a) does not apply but such a certificate is in force for the vehicle or trailer, that certificate, and

(c) where neither paragraph (a) nor paragraph (b) applies but the vehicle or trailer has been equipped with a plate in accordance with regulations under section 41 of the Road Traffic Act 1988, that plate.

(4) In this Act a reference to the relevant maximum weight of a goods vehicle or trailer is a reference--

(a) where it is required by regulations under Article 28 of the [S.I. 1981/154 (N.I.1).] Road Traffic (Northern Ireland) Order 1981 to have the maximum gross weight in Great Britain for it marked on a plate attached to it, to the maximum gross weight in Great Britain marked on the plate,

(b) where regulations under that Article do not apply to it but the maximum gross weight in Great Britain is marked by the same means as would be required by those regulations if they did apply to it, to the maximum gross weight in Great Britain so marked, and

(c) otherwise, to its notional maximum gross weight ascertained in accordance with the [S.R. (N.I.) 1976 No. 241.] Goods Vehicles (Ascertainment of Maximum Gross Weights) Regulations (Northern Ireland) 1976 (or any regulations replacing those Regulations, whether with or without amendments).

(5) In this Act a reference to the relevant maximum train weight of a vehicle is a reference to the maximum gross weight which may not be exceeded in Great Britain for an articulated vehicle consisting of the vehicle and any semi-trailer which may be drawn by it.

(6) In this Act"weight unladen"--

(a) in England and Wales and Scotland, has the same meaning as it has for the purposes of the [1988 c. 52.] Road Traffic Act 1988 by virtue of section 190 of that Act, and

(b) in Northern Ireland, has the same meaning as it has for the purposes of the [S.I. 1981/154 (N.I.1).] Road Traffic (Northern Ireland) Order 1981 by virtue of Article 2(3) of that Order.

(7) In this Act"design weight", in relation to a vehicle, means the weight which the vehicle is designed or adapted not to exceed when in normal use and travelling on a road laden.

(8) In this section"trailer" has the same meaning as in Part VIII of Schedule 1.

62 Other definitions

(1) In this Act, unless the context otherwise requires--

"axle", in relation to a vehicle, includes--
(a)
two or more stub axles which are fitted on opposite sides of the longitudinal axis of the vehicle so as to form a pair in the case of two stub axles or pairs in the case of more than two stub axles,
(b)
a single stub axle which is not one of a pair, and
(c)
a retractable axle,

("stub axle" meaning an axle on which only one wheel is mounted),
"built-in road construction machinery", in relation to a vehicle, means road construction machinery built in as part of, or permanently attached to, the vehicle,
"business" includes the performance by a local or public authority of its functions,
"disabled person" means a person suffering from a physical or mental defect or disability,
"exempt vehicle" means a vehicle in respect of which vehicle excise duty is not chargeable,
"farmer's goods vehicle" means a goods vehicle registered under this Act in the name of a person engaged in agriculture and used on public roads solely by him--
(a)
for the purpose of the conveyance of the produce of, or of articles required for, the agricultural land which he occupies, and
(b)
for no other purpose except a purpose not involving the conveyance of goods or burden for hire or reward or for or in connection with a trade or business,
"goods vehicle" means a vehicle constructed or adapted for use and used for the conveyance of goods or burden of any description, whether in the course of trade or not,
"motor dealer" means a person carrying on the business of selling or supplying vehicles,
"motor trader" means--
(a)
a manufacturer or repairer of, or dealer in, vehicles, or
(b)
any other description of person who carries on a business of such description as may be prescribed by regulations made by the Secretary of State,

and a person is treated as a dealer in vehicles if he carries on a business consisting wholly or mainly of collecting and delivering vehicles, and not including any other activities except activities as a manufacturer or repairer of, or dealer in, vehicles,
"public road"--
(a)
in England and Wales and Northern Ireland, means a road which is repairable at the public expense, and
(b)
in Scotland, has the same meaning as in the [1984 c. 54.] Roads (Scotland) Act 1984,
"registration mark" is to be construed in accordance with section 23(1),
"relevant right" is to be construed in accordance with section 27(3)(a) and (b),
"right of retention" is to be construed in accordance with section 26(1) and (2)(a),
"rigid goods vehicle" means a goods vehicle which is not a tractive unit,
"road construction machinery" means a machine or device suitable for use for the construction or repair of roads and used for no purpose other than the construction or repair of roads at the public expense,
"road construction vehicle" means a vehicle--
(a)
which is constructed or adapted for use for the conveyance of built-in road construction machinery, and
(b)
which is not constructed or adapted for the conveyance of any other load except articles and material used for the purposes of such machinery,
"showman's goods vehicle" means a showman's vehicle which--
(a)
is a goods vehicle, and
(b)
is permanently fitted with a living van or some other special type of body or superstructure forming part of the equipment of the show of the person in whose name the vehicle is registered under this Act,
"showman's vehicle" means a vehicle--
(a)
registered under this Act in the name of a person following the business of a travelling showman, and
(b)
used solely by him for the purposes of his business and for no other purpose,
"temporary licence" is to be construed in accordance with section 9(1),
"tractive unit" means a goods vehicle to which a semi-trailer may be so attached that--
(a)
part of the semi-trailer is superimposed on part of the goods vehicle, and
(b)
when the semi-trailer is uniformly loaded, not less than twenty per cent. of the weight of its load is borne by the goods vehicle,
"trade licence" is to be construed in accordance with section 11,
"vehicle" means a mechanically propelled vehicle,
"vehicle excise duty" is to be construed in accordance with section 1(1),
"vehicle licence" is to be construed in accordance with section 1(2), and
"vehicle tester" means a person, other than a motor trader, who regularly in the course of his business engages in the testing on roads of vehicles belonging to other persons.

(2) For the purposes of this Act and any other enactment relating to the keeping of vehicles on public roads, a person keeps a vehicle on a public road if he causes it to be on such a road for any period, however short, when it is not in use there.

Other supplementary provisions

63 Consequential amendments

The enactments and instruments specified in Schedule 3 are amended in accordance with that Schedule in consequence of the provisions of this Act.

64 Transitionals etc

Schedule 4 has effect for--

(a) making transitional provisions in consequence of this Act and savings in connection with the repeals and revocations made by this Act,

(b) re-enacting provisions repealed by this Act when not in force, and

65 Repeals and revocations

The enactments specified in Part I of Schedule 5 are repealed, and the instruments specified in Part II of that Schedule are revoked, to the extent specified in the third column of that Schedule.

66 Commencement

(1) This Act shall come into force on 1st September 1994.

(2) Subsection (1) is subject to Schedule 4.

67 Extent

This Act extends to Northern Ireland.

68 Short title

This Act may be cited as the Vehicle Excise and Registration Act 1994.

SCHEDULES

Section 2.

SCHEDULE 1 Annual rates of duty

Part I General

1 The annual rate of vehicle excise duty applicable to a vehicle in respect of which no other annual rate is specified by this Schedule is--

(a) £70 if it was constructed before 1947, and

(b) £130 otherwise.

Part II Motorcycles

2 (1) The annual rate of vehicle excise duty applicable to a motorcycle which does not exceed 450 kilograms in weight unladen is--

(a) £15 if the cylinder capacity of the engine does not exceed 150 cubic centimetres,

(b) £35 if the vehicle is a motorbicycle and the cylinder capacity of the engine exceeds 150 cubic centimetres but does not exceed 250 cubic centimetres, and

(2) Where a motorbicycle which was constructed before 1933 has an engine the cylinder capacity of which exceeds 150 cubic centimetres, it is to be treated for the purposes of sub-paragraph (1) as having an engine the cylinder capacity of which does not exceed 150 cubic centimetres.

(3) In this paragraph--

"motorcycle" means a motorbicycle or a motortricycle,
"motorbicycle" includes a two-wheeled motor scooter, a bicycle with an attachment for propelling it by mechanical power and a motorbicycle to which a side-car is attached, and
"motortricycle" includes a three-wheeled motor scooter and a tricycle with an attachment for propelling it by mechanical power.

(4) For the purposes of this paragraph the cylinder capacity of an engine shall be calculated in accordance with regulations made by the Secretary of State.

Part III Hackney carriages

3 (1) The annual rate of vehicle excise duty applicable to a hackney carriage (not being a vehicle for which the annual rate of duty is specified by Part II) is--

(a) £130 if its seating capacity is under nine,

(b) £150 if its seating capacity is nine to sixteen,

(d) £300 if its seating capacity is thirty-six to sixty, and

(e) £450 if its seating capacity is over sixty.

(2) For the purpose of sub-paragraph (1) the seating capacity of a hackney carriage shall be determined in accordance with regulations made by the Secretary of State.

(3) In this paragraph"hackney carriage" means a vehicle--

(a) standing or plying for hire, or

(b) bailed (or, in Scotland, hired) under a hire agreement by a person whose trade it is to sell vehicles or to bail or hire vehicles under hire agreements,

other than a community bus.

(4) In sub-paragraph (3)"hire agreement" means an agreement for the bailment (or, in Scotland, the hiring) of a vehicle which is not a hire purchase agreement.

(5) In sub-paragraph (4)"hire purchase agreement" means an agreement, other than a conditional sale agreement, under which--

(a) a vehicle is bailed (or, in Scotland, hired) in return for periodical payments by the person to whom it is bailed (or hired), and

(b) the property in the vehicle will pass to that person if--

(i) the terms of the agreement are complied with, and

(ii) there takes place any one or more of the occurrences specified in sub-paragraph (6).

(6) The occurrences referred to in sub-paragraph (5)(b)(ii) are--

(a) the exercise of an option to purchase by the person to whom the vehicle is bailed (or hired),

(b) the doing of any other specified act by any party to the agreement, and

(7) In sub-paragraph (5)"conditional sale agreement" means an agreement for the sale of a vehicle under which--

(a) the whole or part of the purchase price is payable by instalments, and

(b) the property in the vehicle is to remain in the seller (even though the buyer is to be in possession of the vehicle) until such conditions (relating to the payment of instalments or any other matter) as may be specified in the agreement are fulfilled.

(8) In sub-paragraph (3)"community bus" means a vehicle--

(a) used on public roads solely in accordance with a community bus permit (within the meaning of section 22 of the [1985 c. 67.] Transport Act 1985), and

(b) not used for providing a service under an agreement providing for service subsidies (within the meaning of section 63(10)(b) of that Act).

Part IV Special machines

4 (1) The annual rate of vehicle excise duty applicable to a special machine is £35.

(2) In sub-paragraph (1)"special machine" means--

(a) a tractor,

(b) an agricultural engine,

(d) a mobile crane,

(e) a works truck, or

(f) a mowing machine.

(3) In sub-paragraph (2)(a)"tractor" means--

(a) an agricultural tractor, or

(b) a tractor (other than an agricultural tractor) which is--

(i) designed and constructed primarily for use otherwise than on roads, and

(ii) incapable by reason of its construction of exceeding a speed of twenty-five miles per hour on the level under its own power.

(4) In sub-paragraph (2)(c)"digging machine" means a vehicle which is designed, constructed and used for the purpose of trench digging, or any kind of excavating or shovelling work, and which--

(a) is used on public roads only for that purpose or for the purpose of proceeding to and from the place where it is to be or has been used for that purpose, and

(b) when so proceeding does not carry any load except such as is necessary for its propulsion or equipment.

(5) In sub-paragraph (2)(d)"mobile crane" means a vehicle which is designed and constructed as a mobile crane and which--

(a) is used on public roads only as a crane in connection with work carried on on a site in the immediate vicinity or for the purpose of proceeding to and from a place where it is to be or has been used as a crane, and

(b) when so proceeding does not carry any load except such as is necessary for its propulsion or equipment.

(6) In sub-paragraph (2)(e)"works truck" means a goods vehicle which is--

(a) designed for use in private premises, and

(b) used on public roads only--

(i) for carrying goods between private premises and a vehicle on a road in the immediate vicinity,

(ii) in passing from one part of private premises to another or between private premises and other private premises in the immediate vicinity, or

(iii) in connection with road works at or in the immediate vicinity of the site of the works.

Part V Recovery vehicles

5 (1) The annual rate of vehicle excise duty applicable to a recovery vehicle is £85.

(2) In sub-paragraph (1)"recovery vehicle" means a vehicle which is constructed or permanently adapted primarily for any one or more of the purposes of lifting, towing and transporting a disabled vehicle.

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