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The Road User Charging And Workplace Parking Levy (Classes Of Motor Vehicles) (England) Regulations 2001

S.I. 2001/2793 · Made 2 August 2001

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.

ROAD TRAFFIC

ENGLAND

Made 2nd August 2001

Laid before Parliament 3rd August 2001

Coming into force 28th August 2001

The Secretary of State for Transport, Local Government and the Regions, in exercise of the powers conferred by sections 197(1) and 198(3) of the Transport Act 2000f1, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

2000 c. 38. See the definition of “the appropriate national authority” in section 198(1).

Contents

  1. 1Citation, commencement and extent
  2. 2Classes of motor vehicles
  3. Signature
  4. Schedule: CLASSES OF MOTOR VEHICLES
  5. IInterpretation
  6. IITwo or three-wheel motor vehicles and quadricycles
  7. IIIPart III
  8. IVCategory M: Motor vehicles with at least four wheels used for the carriage of passengers
  9. VCategory N: Motor vehicles with at least four wheels used for the carriage of goods
  10. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Road User Charging and Workplace Parking Levy (Classes of Motor Vehicles) (England) Regulations 2001 and shall come into force on 28th August 2001.

(2)

These Regulations only extend to England.

2Classes of motor vehicles

(1)

Subject to paragraphs (2) and (3), the classes of motor vehicles listed in the Schedule to these Regulations are classes of motor vehicles specified for the purposes of Part III of the Transport Act 2000 (road user charging and the workplace parking levy).

(2)

In relation to Part IV of the Schedule, classes M2(a), M2(b), M3(a) and M3(b) are not specified in relation to charging schemes and licensing schemes which specify charges for motor vehicles by reference to classes MAB(1)(a), MAB(1)(b), MAB(2)(a), MAB(2)(b), MAB(3)(a) or MAB(3)(b).

(3)

In relation to Part V of the Schedule, classes N1(a), N1(b), N2(a), N2(b), N3(a) and N3(b) are not specified in relation to charging schemes and licensing schemes which specify charges for motor vehicles by reference to classes NAB(1)(a), NAB(1)(b), NAB(2)(a), NAB(2)(b), NAB(3)(a) or NAB(3)(b).

Signature

Signed by authority of the Secretary of State for Transport, Local Government and the Regions

Sally Keeble

Parliamentary Under-Secretary of State,

Department for Transport, Local Government and the Regions

IInterpretation

In this Schedule—

  • “cm3” means cubic centimetres;

  • “kg” means kilograms;

  • “km/h” means kilometres per hour;

  • “kW” means kilowatts;

  • “maximum mass” means the technically permissible maximum laden mass as specified by the manufacturer;

  • “maximum speed” means the speed which the vehicle is incapable, by reason of its construction, of exceeding on the level under its own power when fully laden;

  • “trailer” means a vehicle drawn by a motor vehicle;

  • “semi-trailer” means a trailer which is constructed or adapted to form part of an articulated vehicle including (without prejudice to the generality of that) a vehicle which is not itself a motor vehicle but which has some or all of its wheels driven by the drawing vehicle; and

  • “unladen mass” excludes, in the case of motor vehicles propelled wholly or partly by electricity, the mass of its batteries.

IITwo or three-wheel motor vehicles and quadricycles

III

IVCategory M: Motor vehicles with at least four wheels used for the carriage of passengers

In this Part, references to a “motor vehicle” are to a motor vehicle with or without a semi-trailer which—

(a)

has at least four wheels;

(b)

has an unladen mass exceeding 400kg or an engine with net power exceeding 15kW;

(c)

is used for the carriage of passengers; and

(d)

is not a motor caravan within Class L(a) or Class L(b) specified in Part III above.

VCategory N: Motor vehicles with at least four wheels used for the carriage of goods

In this Part references to a “motor vehicle” are to a motor vehicle with or without a semi-trailer which—

(a)

has at least four wheels;

(b)

has an unladen mass exceeding 550kg or an engine with power exceeding 15kW; and

(c)

is used for the carriage of goods.

Explanatory note

(This note is not part of the Regulations)

These Regulations only extend to England. They relate to the provisions of Part III of the Transport Act 2000 (“the 2000 Act”) which enable road user charging (“charging”) or workplace parking levy (“licensing”) schemes to be made, inter alia,—

(a)

by a non-metropolitan local traffic authority (a local traffic authority for an area outside Greater London);

(b)

jointly by more than one non-metropolitan local traffic authority; or

(c)

jointly by one or more non-metropolitan local traffic authorities and one or more London traffic authorities (Transport for London, a London borough council or the Common Council of the City of London).

Section 171(1)(c ) of the 2000 Act requires a charging scheme to specify the classes of motor vehicles in respect of which charges are imposed. Section 186(3)(d) of the Act provides that charges that may be imposed by a licensing scheme include different charges for different classes of motor vehicles. Section 198(3) of the Act requires classes for these purposes to be defined by regulations.

Regulation 2(1) provides for the classes of motor vehicles listed in the Schedule to the Regulations to be classes of motor vehicles for the purposes of Part III of the 2000 Act.

Regulation 2(2) and (3) provides that in relation to Parts IV and V of the Schedule, certain classes of motor vehicles (which are defined, inter alia, by reference to their maximum mass) are not specified in relation to charging and licensing schemes which specify charges for certain classes of motor vehicles (which are defined, inter alia, by reference to the number of their axles). The effect of these provisions is to ensure that a charging or licensing scheme cannot impose charges for classes of motor vehicles by reference to their maximum mass as well as the number of their axles.

The definitions of classes of motor vehicles in Part II of the Schedule are based on definitions in Article 1 of Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles (O.J. L225, 10. 08. 92, p.72. Directive as amended by the Act of Accession 1994).

The definitions of classes of motor vehicles in Parts III, IV and V of the Schedule are based on the definitions in Annex II of Council Directive 70/156/EEC of 6th February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (O.J. L42, 23. 02. 70, p.1) as last amended by Directive 98/91/EC (O.J. L11, 16. 01. 99, p.25).

Copies of the Directives referred to in this Explanatory Note can be obtained from the Stationery Office.