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The Road Traffic, Public Passenger Transport and Vehicles (Revocations) Regulations 2013

S.I. 2013/2987 · Made 26 November 2013

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Health And Safety

Public Passenger Transport

Public Passenger Vehicles

Road Traffic

Made 26th November 2013

Laid before Parliament 2nd December 2013

Coming into force 31st December 2013

The Secretary of State, in whom the powers conferred by the provisions set out in Schedule 1 to these Regulations now vestf1, makes the following Regulations.

The Secretary of State is designatedf2 for the purposes of section 2(2) of the European Communities Act 1972f3 in relation to the regulation of the type, description, construction or equipment of vehicles, and of components of vehicles, and in particular any vehicle type approval scheme.

The Secretary of State has consulted the Health and Safety Executive and such other bodies as appear to the Secretary of State to be appropriate so far as is required by section 50(1)(b) and (1AA) of the Health and Safety at Work etc. Act 1974f4 for the purposes of these Regulations.

The Secretary of State has consulted such representative organisations as the Secretary of State thinks fit in accordance with—

(a)

section 101(6) of the Transport Act 1968f5;

(b)

section 61(2) of the Public Passenger Vehicles Act 1981f6;

(c)

section 134(2) of the Road Traffic Regulation Act 1984f7; and

(d)

section 195(2) of the Road Traffic Act 1988f8,

so far as is required for the purposes of these Regulations.

Annotations to the whole text

Footnotes

f1

S.I. 1970/1681 transferred functions from the Minister of Transport to the Secretary of State and the Secretary of State for the Environment. S.I. 1976/1775 transferred transport functions exercised by the Secretary of State for the Environment to the Secretary of State for Transport. S.I. 1979/571 transferred functions of the Secretary of State for Transport to the Minister of Transport. S.I. 1981/238 transferred functions of the Minister of Transport to the Secretary of State for Transport. S.I. 1997/2971 transferred the functions of the Secretary of State for Transport to the Secretary of State for the Environment, Transport and the Regions. S.I. 2001/2568 transferred the functions of the Secretary of State for the Environment, Transport and the Regions to the Secretary of State for Transport, Local Government and the Regions. S.I. 2002/2626 transferred functions under section 300(2) of the Highways Act 1980 (c. 66), so far as exercisable by the Secretary of State for Transport, Local Government and the Regions and the Secretary of State acting jointly, to the Secretary of State for the time being having general responsibility in transport matters in relation to England. It also transferred functions of the Secretary of State for Transport, Local Government and the Regions not transferred by other articles in that Order to the First Secretary of State. S.I. 2008/1034 transferred the functions of the First Secretary of State that were the functions of the Secretary of State for Transport immediately before the coming into force of S.I. 1997/2971, to the Secretary of State. It also transferred any function of the First Secretary of State not transferred by any other provision of the Order to the Secretary of State.

f2

S.I. 1972/1811. There are amendments to this Order which are not relevant to these Regulations.

f3

1972 c. 68.

f4

1974 c. 37. Section 50(1) and (1AA) was inserted in substitution by the Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), articles 3, 16(1) and (2).

f5

1968 c. 73.

f6

1981 c. 14. Section 61(2) was amended by the Transport Act 1985 (c. 67), sections 135(1) and 139(3) and Schedule 8.

f7

1984 c. 27. Section 134(2) is amended by the New Roads and Street Works Act 1991 (c. 22), section 168(1) and Schedule 8, Part 2, paragraph 77.

f8

1988 c. 52. There is a prospective amendment to subsection (2) which is not relevant to these Regulations.

Contents

  1. 1Citation and commencement
  2. 2Revocations
  3. Signature
  4. Schedule 1Schedule 1
  5. Schedule 2Schedule 2
  6. Schedule 3Schedule 3
  7. Explanatory note

1Citation and commencement

These Regulations may be cited as the Road Traffic, Public Passenger Transport and Vehicles (Revocations) Regulations 2013 and come into force on 31st December 2013.

2Revocations

(1)

The Regulations listed in Schedule 2 are revoked.

(2)

The Regulations listed in column 1 of the table in Schedule 3 are revoked to the extent specified in the corresponding entry in column 3 of that table.

Signature

Signed by authority of the Secretary of State for Transport

Stephen Hammond

Parliamentary Under Secretary of State

Department for Transport

26th November 2013

Schedule 1

Provisions conferring powers exercised in the making of these Regulations

Enactment conferring power
Transport Act 1968f1Section 96(10)
European Communities Act 1972f2Section 2(2)
Health and Safety at Work etc. Act 1974f3Sections 15(1), (2) and (4)(a), and 43(2) and (6) Schedule 3, paragraphs 1(3), 3, 14 and 16
Highways Act 1980f4Section 300
Public Passenger Vehicles Act 1981f5Sections 5, 52(1), 57(3), 59 and 60
Road Traffic Regulation Act 1984f6Section 63A(4)
Transport Act 1985f7Section 42(10)
Road Traffic Act 1988f8Section 31(2) and (3)

Schedule 2

Revocations

Regulations revoked

Reference
The Motorcycles (Sound Level Measurement Certificates) Regulations 1980S.I. 1980/765
The Public Service Vehicles (London Local Service Licences) Regulations 1986S.I. 1986/1691
The Public Service Vehicles (London Local Service Licences) (Amendment) Regulations 1988S.I. 1988/408
The Motorcycles (Sound Level Measurement Certificates) (Amendment) Regulations 1988S.I. 1988/1640
The Motorcycles (Sound Level Measurement Certificates) (Amendment) Regulations 1989S.I. 1989/713
The Motorcycles (Sound Level Measurement Certificates) (Amendment) (No. 2) Regulations 1989S.I. 1989/1591
The Cycle Racing on Highways (Tour de France 1994) Regulations 1994S.I. 1994/1226

Schedule 3

Revocations with limited extent

Column1

Column 2

Column 3

Regulations revoked

Reference

Extent of revocation
The Vehicles (Conditions of Use on Footpaths) Regulations 1963f1S.I. 1963/2126The whole Regulations in England
The Vehicles (Conditions of Use on Footpaths) (Amendment) Regulations 1966f2S.I.1966/864The whole Regulations in England
The Public Service Vehicles (Lost Property) Regulations 1978f3S.I. 1978/1684The whole Regulations in England and Wales
The Public Service Vehicles (Lost Property) (Amendment) Regulations 1981S.I. 1981/1623The whole Regulations in England and Wales
The Road Traffic (Carriage of Dangerous Goods and Substances) (Amendment) Regulations 1992S.I. 1992/1213The whole Regulations in England, Wales and Scotland
The Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) (Amendment) Regulations 1993S.I. 1993/1122The whole Regulations in England, Wales and Scotland
The Parking Attendants (Wearing of Uniforms) (London) Regulations 1993S.I. 1993/1450The whole Regulations in England and Wales
The Public Service Vehicles (Lost Property) (Amendment) Regulations 1995S.I. 1995/185The whole Regulations in England and Wales
The Drivers’ Hours (Passenger and Goods Vehicles) (Exemption) Regulations 1996S.I. 1996/240The whole Regulations in England and Wales

Explanatory note

(This note is not part of the Regulations)

These Regulations revoke 16 sets of Regulations relating to transport.

The Motorcycles (Sound Level Measurement Certificates) Regulations 1980 (S.I. 1980/765) and three amending instruments (S.I. 1988/1640, 1989/713 and 1989/1591) implemented certain requirements of Council Directive 78/1015/EEC on the permissible sound level and exhaust system of motorcycles. This Directive was repealed and replaced in 1998 by Directive 97/24/EC, which was implemented by the Motor Cycles Etc. (EC Type Approval) Regulations 1999 (S.I. 1999/2920). The provisions in these implementing instruments have therefore been superseded.

The Public Service Vehicles (London Local Service Licences) Regulations 1986 (S.I. 1986/1691) and one amending instrument (S.I. 1988/408) regulated the London Local Service Licence regime, which applied to certain local bus services in Greater London. The Greater London Authority Act 1999 replaced this regime with the London Service Permit system and these Regulations are redundant.

The Cycle Racing on Highways (Tour de France 1994) Regulations1994 (S.I. 1994/1226) authorised two stages of the Tour de France in England in 1994. The regulations relate to a one-off event which took place in 1994 and are now spent.

The Vehicles (Conditions of Use on Footpaths) Regulations 1963 (S.I. 1963/2126) and one amending instrument (S.I. 1966/864) place restrictions, including maximum weight and loading gauge, and a maximum speed limit, on the driving of vehicles on footpaths by representatives of local authorities for the purposes of cleaning, maintaining and improving such footpaths. The Government has decided to remove the restrictions and allow individual authorities in England to determine local requirements.

The Public Service Vehicles (Lost Property) Regulations 1978 (S.I. 1978/1684) and two amending instruments (S.I. 1981/1623 and 1995/185) regulate the way bus companies deal with lost property. The Government has decided, following consultation with the industry and other interested parties, to remove the statutory requirements in England and Wales and allow companies to make their own arrangements.

The Road Traffic (Carriage of Dangerous Goods and Substances) (Amendment) Regulations 1992 (S.I. 1992/1213) and the Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) (Amendment) Regulations 1993 (S.I. 1993/1122) amended three instruments which have been revoked. These instruments are therefore redundant.

The Parking Attendants (Wearing of Uniforms) (London) Regulations 1993 (S.I. 1993/1450) prescribe functions which can only be carried out by a parking attendant who is wearing the uniform which has been specified by the enforcement authority. These provisions which, following an amendment to the enabling power, apply to any civil enforcement area in England and Wales, have been superseded by regulations made under the Traffic Management Act 2004.

The Drivers’ Hours (Passenger and Goods Vehicles) (Exemption) Regulations 1996 (S.I. 1996/240) granted an emergency relaxation from the drivers’ hours rules (as prescribed by virtue of section 96 of the Transport Act 1968) for drivers affected by severe weather conditions in February 1996. The regulations are now spent.

A full impact assessment of the effect that the revocation of the Public Service Vehicles (Lost Property) Regulations 1978 (and the instruments which amend it) will have on the costs of business and the voluntary sector is available and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk. An impact assessment has not been produced for the other measures in this instrument as no negative impact on the private, public or voluntary sector is foreseen. The revocation of the Vehicles (Conditions of Use on Footpaths) Regulations 1963 and the instrument which amends it may benefit local authorities by enabling them to determine requirements based on local circumstances.