Statutory Instrument 1995 No. 1455

The Vehicle Excise (Design Weight Certificate) Regulations 1995

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© Crown Copyright 1995

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1995 No. 1455

ROAD TRAFFIC

The Vehicle Excise (Design Weight Certificate) Regulations 1995

The Secretary of State for Transport, in exercise of the powers conferred by sections 57 and 61A of the Vehicle Excise and Registration Act 1994^[1] and of all other powers enabling him in that behalf, hereby makes the following Regulations;

Citation and commencement
    1.    These Regulations may be cited as the Vehicle Excise (Design Weight Certificate) Regulations 1995 and shall come into force on the 1st July 1995.

Interpretation
    2.—(1)  In these Regulations—
"the Plating and Testing Regulations" means the Goods Vehicles (Plating and Testing) Regulations 1988^[2];
"the 1988 Act" means the Road Traffic Act 1988^[3];
"the 1994 Act" means the Vehicle Excise and Registration Act 1994;
"design weight certificate" means a certificate issued under these Regulations stating the design weight of a vehicle;
"design weight examination" means an examination under these Regulations other than a re-examination on an appeal;
"Goods Vehicle Centre" and "standard lists" have the meanings given by regulation 3(1) of the Plating and Testing Regulations.

    (2)  In these Regulations, the following expressions shall have the same meaning as in Part II of the 1988 Act—
"goods vehicle";
"motor vehicle";
"plated weights";
"plating certificate";
"vehicle examiner".

    (3)  Without prejudice to section 17 of the Interpretation Act 1978^[4] and subject to context, a reference in these Regulations to any enactment comprised in subordinate legislation (within the meaning of that Act) is a reference to that enactment as from time to time amended or re-enacted with or without modification.

Issue of design weight certificates
    3.    The Schedule to these Regulations shall effect.

Effect of a design weight certificate
    4.—(1)  Where, at any time—
 (a) a design weight certificate is in force as respects a vehicle; and
 (b) the vehicle has not acquired a design weight by reason of any adaptation made since the relevant examination that is greater than the design weight stated in the certificate,


the certificate shall have conclusive effect for the purposes of the 1994 Act (but not these Regulations) as to the design weight of the vehicle at that time.

    (2)  In this regulation "relevant examination", in relation to a design weight certificate, means the examination or re-examination under these Regulations following which the certificate was issued.

Production of a design weight certificate on application for a licence
    5.    Where—

    (a)  a person applies for a vehicle licence for a vehicle to which Part VIII of Schedule 1 to the 1994 Act applies; and

    (b)  it appears to the Secretary of State that the vehicle does not have a confirmed maximum weight,

the Secretary of State may, before making a determination for the purposes of section 7(5) of the 1994 Act, require the production of a design weight certificate in respect of the vehicle.

Adaptation of a vehicle
    6.    An adaptation of a vehicle shall be treated as permanent for the purposes of section 60A(5) of the 1994 Act if, and only if, it is an adaptation with respect to which a design weight certificate has been issued.

Signed by authority of the Secretary of State

Steven Norris

Parliamentary Under Secretary of State Department of Transport

8th June 1995

[1] 1994 c. 22. Section 60A and 61A are inserted by paragraphs 26 and 28 of Schedule 4 to the Finance Act 1995 (c. 4). Part VIII of Schedule 1 is amended by paragraph 14 of that Schedule. back

[2] S.I. 1988/1478; relevant amending instruments are S.I. 1989/1693, 1990/448, 1991/252, 1993/2048 and 3013, 1994/328. back

[3] 1988 c. 52. back

[4] 1978 c. 30. back

Explanatory Note