The Road User Charging (Classes of Motor Vehicles) (Scotland) Regulations 2003

Made: 5th June 2003

Laid before the Scottish Parliament: 6th June 2003

Coming into force: 1st July 2003

The Scottish Ministers, in exercise of the powers conferred by sections 67(2) and 81(2) of the Transport (Scotland) Act 2001[^f00001], and of all other powers enabling them in that behalf hereby make the following Regulations:

Citation and commencement

1

• (1) These Regulations may be cited as the Road User Charging (Classes of Motor Vehicles) (Scotland) Regulations 2003 and shall come into force on 1st July 2003.

• (2) In these Regulations any reference to a numbered class shall be construed as a reference to the class bearing that number in the Schedule to these Regulations.

Classes of motor vehicles

2

• (1) Subject to paragraphs (2) and (3), the classes of motor vehicles listed in Parts II to V of the Schedule to these Regulations are hereby described for the purposes of section 67(2) of the Transport (Scotland) Act 2001 (road user charging).

• (2) Classes 15 to 18 are not so described in the case of any charging scheme which specifies charges for any motor vehicle in classes 19 to 24.

• (3) Classes 25 to 30 are not so described in the case of any charging scheme which specifies charges for any motor vehicle in classes 31 to 36.

SCHEDULE — CLASSES OF MOTOR VEHICLES

PART I — INTERPRETATION

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;

• “quadricycle” means a motor vehicle as described in class 7 of this Schedule;

• “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 a motor vehicle propelled wholly or partly by electricity, the mass of its batteries.

PART II — TWO OR THREE-WHEEL MOTOR VEHICLES AND QUADRICYCLES

Class 1

A two or three-wheel motor vehicle with or without a side-car which is fitted with an internal combustion engine having a cylinder capacity not exceeding 50 cm3 and a maximum speed of not more than 45 km/h.

Class 2

Class 3

Class 4

Class 5

Class 6

Class 7

Class 8

Class 9

Class 10

PART III — FOUR WHEEL MOTOR VEHICLES

Class 11

Class 12

PART IV — 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 400 kg or an engine with net power exceeding 15 kW;

• (c) is used for the carriage of passengers; and

• (d) is not a motor vehicle described in Class 11 or Class 12.

Class 13

Class 14

Class 15

Class 16

Class 17

Class 18

Class 19

Class 20

Class 21

Class 22

Class 23

Class 24

PART V — 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 550 kg or an engine with power exceeding 25 kW; and

• (c) is used for the carriage of goods.

Class 25

Class 26

Class 27

Class 28

Class 29

Class 30

Class 31

Class 32

Class 33

Class 34

Class 35

Class 36

Signed

NICOL STEPHEN — A member of the Scottish Executive — 5th June 2003

Explanatory note

(This note is not part of the Regulations)

These Regulations relate to the provisions of Part 3 of the Transport (Scotland) Act 2001 which enable road user charging schemes (“charging schemes”) to be made.

Section 53(1)(c) of the 2001 Act requires a charging scheme to specify the classes of motor vehicles in respect of which charges are imposed. Section 67(2) of the Act requires classes for these purposes to be described 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 3 of the 2001 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 described by reference to their maximum mass) are not specified in relation to charging schemes which specify charges for certain classes of motor vehicles (which are described by reference to the number of their axles). The effect of these provisions is to ensure that a charging 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 30th June 1992 relating to the type-approval of two or three-wheel motor vehicles (O.J. No. L 225, 10.08.92, p.72).

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. L 42, 23.02.70, p.1) as last amended by Directive 98/91/EC (O.J. L 11, 16.01.99, p.25).

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

Footnotes

[^f00001]: 2001 asp 2.