OpenLegislation

Regulation 2 InterpretationI1

England, Wales and Scotland

(1)

In these Regulations—

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

  • “the 1994 Act” means the Vehicle Excise and Registration Act 1994f1;

  • “authorised person” has the meaning given by regulation 3;

  • “custodian” has the meaning given by regulation 9(3);

  • “GB records” means the records kept under the 1994 Act by the Driver and Vehicle Licensing Agency on behalf of the Secretary of State and “GB registration mark” means a registration mark assigned to a vehicle registered in those records;

  • “local authority”—

    1. (a)

      in relation to England and Wales, has the meaning given by section 270 of the Local Government Act 1972f2; and

    2. (b)

      in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994f3.

  • “NI records” means the records kept under the 1994 Act by the Driver and Vehicle Agency on behalf of the Secretary of State and “NI registration mark” means a registration mark assigned to a vehicle registered in those records;

  • “prescribed evidence” means any of the following—

    1. (a)

      a policy of insurance;

    2. (b)

      F1...

    3. (c)

      a certificate of insurance;

    4. (d)

      F2...

  • “public service vehicle” has the meaning given by section 1 of the Public Passenger Vehicles Act 1981f4;

  • “registered keeper” means the person in whose name a vehicle is registered under the 1994 Act;

  • “release” in relation to a vehicle means release from an immobilisation device.

(2)

References to the “prescribed charge” for any matter are to the charge specified in relation to that matter in Schedule 1.

(3)

For the purposes of regulations 10 and 13 and notwithstanding section 192 of the 1988 Act, “owner”, in relation to a vehicle which is the subject of a hiring agreement or hire-purchase agreement, means the person who, being a party to such agreement, has given up possession of the vehicle in return for payment under the agreementf5.

(4)

For the purposes of regulations 5, 11 and 12 and notwithstanding section 192 of the 1988 Act, “owner”, in relation to a vehicle which is the subject of a hiring agreement or hire-purchase agreement, means a person who is a party to such an agreement.

(5)

Save in relation to a vehicle which is the subject of a hiring agreement or a hire-purchase agreement, references to the “owner” of a vehicle at a particular time are to the person by whom it was then kept and the registered keeper at a particular time is to be taken, unless the contrary is shown, to be the person by whom the vehicle was kept at that time.

Annotations

Textual amendments

F1

Words in reg. 2(1) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 3 para. 16(2)(a) (with reg. 5)

F2

Words in reg. 2(1) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 3 para. 16(2)(b) (with reg. 5)

Commencement

I1

Reg. 2 in force at 16.5.2011, see reg. 1

Footnotes

f1

1994 c.22

f2

1972 c.70; the definition of “local authority” in section 270 was amended by the Local Government Act 1985 (c.51), Schedule 16, paragraph 8 and Schedule 17 and the Local Government (Wales) Act 1994 (c.19), section 1(4) and (5).

f3

1994 c.39; section 2 was amended by the Environment Act 1995 (c.25), Schedule 22, paragraph 232(1).

f4

1981 c.14; section 1 was amended by the Transport Act 1985 (c.67), Schedule 8.

f5

See paragraph 8 of Schedule 2A to the Road Traffic Act 1988; the regulations may make provision as to the meaning for the purposes of the regulations of “owner” as regards the vehicle.