Regulation 51 Exempted goods vehicles and military vehicles

England, Wales and Scotland

(1)

For the purposes of this Part of these Regulations, an exempted goods vehicle is a vehicle falling within any of the following classes—

(a)

a goods vehicle propelled by steam;

(b)

any road construction vehicle used or kept on the road solely for the conveyance of built-in road construction machinery (with or without articles or materials used for the purpose of that machinery);

(c)

any engineering plant other than a mobile crane;

(d)

a works truck;

(e)

an industrial tractor;

(f)

an agricultural motor vehicle which is not an agricultural or forestry tractor;

(g)

a digging machine;

(h)

a goods vehicle which, in so far as it is used on F1public roads—

(i)

is used only in passing from land in the occupation of a person keeping the vehicle to other land in the occupation of that person, and

(ii)

is not used on F2public roads for distances exceeding an aggregate of 9.7 kilometres in any calendar week;

(j)

a goods vehicle, other than an agricultural motor vehicle, which—

(i)

is used only for purposes relating to agriculture, horticulture or forestry,

(ii)

is used on F3public roads only in passing between different areas of land occupied by the same person, and

(iii)

in passing between any two such areas does not travel a distance exceeding 1.5 kilometres on public roads;

(k)

a goods vehicle used for no other purpose than the haulage of lifeboats and the conveyance of the necessary gear of the lifeboats which are being hauled;

(l)

a goods vehicle manufacturered before 1st January 1960, used unladen and not drawing a laden trailer;

(m)

an articulated goods vehicle the unladen weight of which does not exceed 3.05 tonnes;

(n)

a goods vehicle in the service of a visiting force or headquarters as defined in the Visiting Forces and International Headquarters (Application of Law) Order 1965 F4;

(o)

a goods vehicle driven by a constable for the purpose of removing or avoiding obstruction to other road users or other members of the public, for the purpose of protecting life or property (including the vehicle and its load) or for other similar purposes;

(p)

a goods vehicle fitted with apparatus designed for raising a disabled vehicle partly from the ground and for drawing a disabled vehicle when so raised (whether by partial superimposition or otherwise) being a vehicle which—

(i)

is used solely for dealing with disabled vehicles;

(ii)

is not used for the conveyance of any goods other than a disabled vehicle when so raised and water, fuel, accumulators and articles required for the operation of, or in connection with, such apparatus or otherwise for dealing with disabled vehicles; and

(iii)

has an unladen weight not exceeding 3.05 tonnes;

(q)

a passenger-carrying vehicle recovery vehicle; and

(r)

a mobile project vehicle.

(2)

For the purposes of this Part of these Regulations, an exempted military vehicle is a large goods or passenger-carrying vehicle falling withing any of the following classes—

(a)

a vehicle designed for fire fighting or fire salvage purposes which is the property of, or for the time being under the control of, the Secretary of State for Defence, when being driven by a member of the armed forces of the Crown;

(b)

a vehicle being driven by a member of the armed forces of the Crown in the course of urgent work of national importance in accordance with an order of the Defence Council in pursuance of the Defence (Armed Forces) Regulations 1939 F5 which were continued permanently in force, in the form set out in Part C of Schedule 2 to the Emergency Laws (Repeal) Act, 1959 F6, by section 2 of the Emergency Powers Act 1964 F7; or

(c)

an armoured vehicle other than a track-laying vehicle which is the property of, or for the time being under the control of, the Secretary of State for Defence.

(3)

In this Regulation—

“digging machine" has the same meaning as in paragraph 4(4) of Schedule 1 to the Vehicle Excise and Registration Act 1994;
“agricultural motor vehicle", “engineering plant", “industrial tractor" and “works truck" have the same meaning as in regulation 3(2) of the Construction and Use Regulations;
“public road" has the same meaning as in section 62(1) of the Vehicle Excise and Registration Act 1994;
“road construction machinery" means a machine or device suitable for use for the construction and repair of roads and used for no purpose other than the construction and repair of roads; and
“road construction vehicle" means a vehicle which—
1. (a)
  is constructed or adapted for use for the conveyance of road construction machinery which is built in as part of, or permanently attached to, that vehicle, and
2. (b)
  is not constructed or adapted for the conveyance of any other load except articles and materials used for the purposes of such machinery.

Annotations

Textual amendments

F1: Words in reg. 51(1)(h) substituted (21.2.2003) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 (S.I. 2003/166), regs. 1(1), 4(a)(i)
F2: Words in reg. 51(1)(h) substituted (21.2.2003) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 (S.I. 2003/166), regs. 1(1), 4(a)(ii)
F3: Words in reg. 51(1)(j) substituted (21.2.2003) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 (S.I. 2003/166), regs. 1(1), 4(b)
F4: S.I. 1965/1536.
F5: S.R. & O. 1939/1304.
F6: 1959 c. 19.
F7: 1964 c. 38.

Notes on the whole SI

Textual amendments

F1: 1988 c. 52. Relevant amendments are referred to where appropriate below. Amending statutes and instruments are referred to in the footnotes to these Regulations in the following manner: “the 1989 Act" means the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22); “the 1990 Regulations" means the Driving Licences (Community Driving Licence) Regulations 1990 (S.I. 1990/144), “the 1991 Act" means the Road Traffic Act 1991 (c. 40), “the 1996 Regulations" means the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974) and “the 1998 Regulations" means the Driving Licences (Community Driving Licence) Regulations 1998 (S.I. 1998/1420).
F2: Subsection (6) was amended by the 1990 Regulations.
F3: Subsection (1A) was inserted by the 1996 Regulations, subsections (2A) and (5A) were inserted by the 1989 Act, section 6; subsection (3) was amended by the 1991 Act, Schedule 4, paragraph 63; subsection (4) was amended by the 1989 Act, Schedule 3, paragraph 8 and by the 1996 Regulations; subsection (7) was amended and subsections (9) and (10) were substituted by the 1989 Act, Schedule 3, paragraph 8 and subsections (7), (9) and (10) were amended by the 1996 Regulations. Subsection (4)(b) is to be read with the Department of Transport (Fees) Order 1988 (S.I. 1988/643), as amended by S.I. 1991/811, 1993/1601, 1995/1684 and 1996/1929, the relevant entries being items 5, 5A and 6 in Schedule 1, Table III.
F4: Section 89A was inserted by the 1989 Act, section 4(4).
F5: Subsection (2) was amended by the 1996 Regulations.
F6: Subsections (4) and (5) were amended by the 1989 Act, section 5(7) and (8).
F7: Subsections (1) and (3) were amended by the 1989 Act, section 6(2) and Schedule 6 and by the 1996 and 1998 Regulations, subsection (1A) was inserted by the 1998 Regulations; subsections (3A) and (3B) were inserted by the 1989 Act, section 6(2) and subsection (3A) was amended by the 1996 and 1998 Regulations; subsection (4) was amended by the 1996 and 1998 Regulations; subsection (4) was amended by the 1998 Regulations.
F8: Subsections (2) and (4) were amended by the 1989 Act, Schedule 3, paragraph 11. Subsection (2) was amended by the 1990 Regulations.
F9: Subsection (1) was amended by Schedule 3, paragraph 12, of the 1989 Act; subsection (1A) was inserted by section 2(2) of that Act.
F10: Section 99A was inserted by the 1996 Regulations; subsection (4) was amended by the 1998 Regulations.
F11: Subsection (2) was amended by the 1989 Act, Schedule 3, paragraph 14 and by the 1990, 1996 and 1998 Regulations; subsection (4) was amended by the 1996 Regulations.
F12: See the definitions of “prescribed" and “regulations".
F13: Sections 114, 115, 116 and 117 to 122 (Part IV of the Act) were substituted by the 1989 Act, section 2(1) and Schedule 2, Section 114(1) was amended by the 1996 Regulations.
F14: Subsection (3) was amended by the 1991 Act, Schedule 4, paragraph 64 and the 1996 Regulations.
F15: Section 115A was inserted by the 1996 Regulations.
F16: Subsection (2A) was inserted by the 1991 Act, Schedule 4, paragraph 65.
F17: See the definition of “prescribed".
F18: Amended by the 1990 Regulations.
F19: Amended by the 1991 Act, Schedule 4, paragraph 68.
F20: Inserted by the 1989 Act, Schedule 3, paragraph 23.
F21: See the definition of “prescribed".
F22: See section 105(4) of the Road Traffic Act 1988.