The Road Vehicles (Registration and Licensing) Regulations 2002

Made: 4th November 2002

Laid before Parliament: 8th November 2002

Coming into force

The Secretary of State for Transport, in exercise of the powers conferred by sections 7(6), 10(1), 11(1), 11(1A), 12(2), (3) and (4), 14(3)(b) and (4), 21(3), 22(1), (1A), (1B), (1C), (1D), (1E), (1G), (2), (2A), (2B), (2C), and (4), 22A, 23(5), 25, 33(1)(b), (1A)(c), (3)(a), (4) and (5), 52(1), 57(1), (2) and (3), 59(2)(a), 61A, 61B and 62(1) of the Vehicle Excise and Registration Act 1994, by paragraphs 1(2B), 3(5) and 5(3)(e) and (4)(c) of Schedule 1 and paragraphs 2A and 24 of Schedule 2 to that Act, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

PART I — PRELIMINARY

Citation and commencement

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• (1) These regulations may be cited as the Road Vehicles (Registration and Licensing) Regulations 2002.

• (2) These regulations except regulations 15(3) and 20(4) and (5) and Schedule 3 shall come into force on 30th November 2002.

• (3) Regulations 15(3) and 20(4) and (5) and Schedule 3 shall come into force on 7th April 2003.

Revocation

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• (1) The regulations specified in column (1), whose numbers are specified in column (2), of the tables in Parts I and III of Schedule 1 are hereby revoked in their entirety.

• (2) The Regulations specified in column (1), whose number is specified in column (2), of the table in Part II of Schedule 1 are hereby revoked to the extent specified in column (3).

Interpretation

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• (1) In these regulations—

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

• “the 1994 Act” means the Vehicle Excise and Registration Act 1994 and a reference to the “predecessor legislation” of the 1994 Act is a reference to any of the following Acts—the Roads Act 1920 ;the Vehicles (Excise) Act 1949 ;the Vehicles (Excise) Act (Northern Ireland) 1954 ;the Vehicles (Excise) Act 1962 ;the Vehicles (Excise) Act 1971 ;the Vehicles (Excise) Act (Northern Ireland) 1972 ;

• “bicycle” means a mechanically propelled bicycle (including a motor scooter, a bicycle with an attachment for propelling it by mechanical power and a mechanically propelled bicycle used for drawing a trailer or sidecar) not exceeding 450 kgs in weight unladen;

• “the Directive” means Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles as amended by Commission Directive 2003/127/EC of 23 December 2003;

• “GB records” means the part of the register which is maintained on behalf of the Secretary of State by the Driver and Vehicle Licensing Agency;

• “insurer” means an authorised insurer as defined by section 145 of the 1988 Act;

• “invalid vehicle” means a vehicle (including a cycle with an attachment for propelling it by mechanical power) which does not exceed 508 kgs in weight unladen and is adapted and used or kept on a public road for an invalid;

• “keeper” in relation to a vehicle means the person by whom that vehicle is kept;

• “keeper of a fleet” means a person who is the registered keeper of 50 or more vehicles;

• “kgs” means kilograms;

• “local authority” has, in relation to each part of the United Kingdom, the meaning given in the following table—EnglandCounty council, district council, London borough council, Council of the Isles of Scilly, Common Council of the City of LondonNorthern IrelandDistrict Council as defined in the Local Government Act (Northern Ireland) 1972ScotlandCouncil constituted under section 2 of the Local Government etc. (Scotland) Act 1994WalesCounty council, county borough council

• “mm” means millimetres;

• “NI records” means the part of the register which is maintained on behalf of the Secretary of State by Driver and Vehicle Licensing Northern Ireland;

• “reduced pollution certificate” means a certificate issued with respect to a vehicle by virtue of Schedule 2;

• “register” means the record kept by or on behalf of the Secretary of State of the vehicles registered by him, in Great Britain or in Northern Ireland, under section 21 of the 1994 Act;

• “registered keeper” in relation to a vehicle means the person for the time being shown in the register as the keeper of that vehicle;

• “trade plates” means plates issued in accordance with regulation 40 or 41;

• “tricycle” means a mechanically propelled tricycle (including a motor scooter and a tricycle with an attachment for propelling it by mechanical power) not exceeding 450 kgs in weight unladen and not being a pedestrian controlled vehicle as defined by regulation 4(3)(b);

• “valeting” means the thorough cleaning of a vehicle before its registration by the Secretary of State under section 21 of the 1994 Act or in order to prepare it for sale and includes removing wax and grease from the exterior, engine and interior, and “valeted” shall be construed accordingly; and

• “vehicle trader” means any person who—is the holder of a trade licence;carries on business as a dealer in motor vehicles;carries on business as an auctioneer of motor vehicles;carries on business as a dismantler of motor vehicles; orin relation to a particular vehicle, is—a finance company which has acquired that vehicle under an order for repossession; oran insurer which has acquired that vehicle in satisfaction of a total loss claim.

• (1A) For the purposes of these Regulations “the registration document fee exemption” applies in relation to the issue of a new registration document for a vehicle if the following conditions are satisfied—

• (a) the vehicle has sustained damage to its bodywork;

• (b) the insurer of the vehicle has notified the Secretary of State that the vehicle is suitable for repair; and

• (c) the last registration document to be issued for the vehicle was destroyed by the insurer in accordance with regulation 20(5).

• (2) In ... Schedule 4 “relevant vehicle trader” has the meaning given by paragraph 1(4) of that Schedule.

• (3) Any application, notification, notice, information, particulars, appeal, declaration or other document or thing given or made in pursuance of these Regulations shall, except where it is expressly provided otherwise, be in writing.

Electrically assisted pedal cycles and pedestrian controlled vehicles

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• (1) The requirements specified in regulation 4 of the Electrically Assisted Pedal Cycles Regulations 1983 are hereby prescribed as requirements for the purposes of paragraph 2A of Schedule 2 to the 1994 Act (electrically assisted pedal cycles exempt vehicles if of a class complying with prescribed requirements).

• (2) Nothing in the following provisions of these Regulations applies to a vehicle which is an electrically assisted pedal cycle or pedestrian controlled vehicle.

• (2A) With the exception of regulation 33(1) and (1A), nothing in the following provisions of these Regulations applies to an electric scooter being used in a trial.

• (3) In this regulation—

• (a) “electrically assisted pedal cycle” means a vehicle which, by virtue of paragraph (1), is an electrically assisted pedal cycle for the purposes of paragraph 2A of Schedule 2 to the 1994 Act; and

• (b) “pedestrian controlled vehicle” means a vehicle with three or more wheels which does not exceed 450 kgs in weight unladen and which is neither constructed nor adapted for use nor used for the carriage of a driver or passenger.; and

• (c) “electric scooter” and “trial” have the meanings given in regulation 33(1A)

PART II — LICENCES

Application for a vehicle licence on the basis that the reduced pollution requirements are satisfied

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• (1) Where an application is made for a vehicle licence on the basis that the rate of vehicle excise duty applicable is a rate specified in one of the provisions of Schedule 1 to the 1994 Act specified in paragraph (2), the Secretary of State may require the applicant to furnish a reduced pollution certificate before he determines the rate at which vehicle excise duty is payable on the licence.

• (2) The provisions of Schedule 1 to the 1994 Act referred to in paragraph (1) are—

• (a) paragraph 3(1A) (buses);

• (b) paragraph 6(2A)(b) (vehicles used to carry exceptional loads);

• (c) paragraph 7(3A)(b) (haulage vehicles);

• (d) paragraph 9A (rigid goods vehicles); and

• (e) paragraph 11A (tractive units).

• (3) Schedule 2 shall have effect with respect to reduced pollution certificates and the reduced pollution requirements.

Exhibition of vehicle and nil licences

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Prohibition against exhibiting anything resembling a vehicle, trade or nil licence

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Issue of duplicate vehicle, trade and nil licences

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Surrender of vehicle and trade licences

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• (1) The holder of a vehicle licence or trade licence who wishes to claim a rebate in accordance with section 19(1) of the 1994 Act must submit a signed application to the Secretary of State.

• (2) In the case of a trade licence, the application must be accompanied by any trade plates issued to the holder in connection with the licence.

PART III — REGISTRATION AND REGISTRATION DOCUMENTS

Registration and issue of registration document

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• (1) A vehicle shall not be registered under section 21 of the 1994 Act unless a fee of £55 has been paid to the Secretary of State.

• (2) Paragraph (1) does not apply to a vehicle which is an exempt vehicle by virtue of paragraph 18 or 19 of Schedule 2 to the 1994 Act .

• (3) The Secretary of State may register a vehicle in either the GB records or the NI records as he considers appropriate and may, if he thinks fit, remove the particulars of a vehicle included in one of those parts of the register and include them in the other.

• (4) On registering a vehicle the Secretary of State shall issue a registration document to the keeper of the vehicle.

• (5) Subject to paragraph (6) and regulation 11, the Secretary of State shall issue the registration document forthwith, except where the vehicle is registered in consequence of an application for a vehicle licence by the keeper of a fleet , in which case the registration document shall be issued when that person asks for it to be issued.

• (5A) A new registration document issued in accordance with paragraph (5) must be sent to the address of the registered keeper unless that keeper has specified another address in the request in which case it may be sent to that other address.

• (6) Before issuing a registration document to the keeper of a vehicle, the Secretary of State may require him to produce the vehicle for inspection or to produce other evidence that the vehicle accords with the particulars furnished when a vehicle or nil licence was applied for in respect of it.

• (7) The Secretary of State may refuse to issue a registration document or replacement registration document for a vehicle if he is not satisfied that the vehicle accords with those particulars.

Production of vehicle for inspection before assignment of registration mark

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Where at the request of the keeper of a vehicle a particular registration mark is to be assigned to it, having previously been assigned to another vehicle, that other vehicle shall be made available for inspection by the Secretary of State at a place designated by him, and the keeper of the first mentioned vehicle shall, before the registration mark is so assigned, pay to the Secretary of State a charge of £80 for the assignment.

Production of registration document for inspection

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The keeper of a vehicle in respect of which a registration document has been issued shall produce the document for inspection if he is required to do so at any reasonable time by a constable or by a person acting on behalf of the Secretary of State.

Issue of replacement registration document

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• (1) Where a registration document has been, or may have been, lost, stolen, destroyed or damaged, or it contains any particulars that have become illegible, the registered keeper shall apply to the Secretary of State for the issue of a replacement document.

• (2) Any application under paragraph (1) may, if the Secretary of State thinks fit, be made orally by telephone or by electronic means and in any other case, except where the registration document is lost, stolen or destroyed, must be accompanied by the registration document.

• (2A) An application for the issue of a replacement registration document under this regulation shall, unless the registration document fee exemption applies, be accompanied by a fee of £25.

• (3) If the Secretary of State—

• (a) receives an application made in accordance with this regulation; and

• (b) he is satisfied that a registration document has been, or may have been, lost, stolen, destroyed or damaged, or that it contains any particulars that have become illegible,

he shall, subject to regulations 15 and 15A and paragraph (4) , issue a replacement registration document to the registered keeper.

• (4) Where the registered keeper is the keeper of a fleet, a new registration document must be issued only if that keeper asks for it to be issued.

• (5) A new registration document issued in accordance with paragraph (4) must be sent to the address of the registered keeper unless that keeper has specified another address in the request in which case it may be sent to that other address.

Correction of registration document

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• (1) Unless when paragraph (1A) applies, where the keeper of a vehicle believes that the particulars in the registration document issued in respect of that vehicle are, or have become, inaccurate, he shall forthwith notify the Secretary of State of the inaccuracy.

• (1A) Where the keeper of a fleet believes that any of the particulars about one of the keeper’s vehicles recorded in the register are, or have become, inaccurate, the keeper shall forthwith notify the Secretary of State of the inaccuracy.

• (2) Where the registration document has been, or may have been lost, stolen or destroyed, notification under paragraph (1) must be accompanied by—

• (a) an application for the issue of a new registration document; and

• (b) except where the registration document fee exemption applies, a fee of £25.

• (3) Any notification under paragraph (1) or (1A) or any application under paragraph (2) may, if the Secretary of State thinks fit, be made orally by telephone or by electronic means and in any other case, except where the registration document is lost, stolen or destroyed, a notification under paragraph (1) must be accompanied by the registration document.

• (4) Where the Secretary of State believes that the particulars in the registration document or recorded in the register for a particular vehicle are inaccurate—

• (a) if the document has not been sent to him and the registered keeper of the vehicle is not the keeper of a fleet, he may require the registered keeper of the vehicle to send it to him;

• (b) whether or not he has received the document, he may correct the particulars in the register; and

• (c) after correcting the particulars in the register, he must, provided that paragraph (2) or (3) has been complied with, and subject to regulations 15 and 15A and paragraph (5), issue a new registration document containing the correct particulars to the registered keeper.

• (5) Where the registered keeper is the keeper of a fleet, a new registration document must be issued only if that keeper asks for it to be issued.

• (6) A new registration document issued in accordance with paragraph (5) must be sent to the address of the registered keeper unless that keeper has specified another address in the request in which case it may be sent to that other address.

Issue of new registration document

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• (1) Unless regulation 15A applies, before issuing a new registration document in respect of a vehicle under any provision of these Regulations, the Secretary of State may require the keeper of the vehicle to satisfy him by the production of the vehicle or other sufficient evidence that the vehicle—

• (a) accords with the particulars furnished when a vehicle or nil licence was last applied for in respect of it; or

• (b) is the registered vehicle.

• (1A) Unless regulation 15A applies, before issuing a new registration document the Secretary of State may take actions to satisfy himself that the identity and address of the person seeking to be the registered keeper accords with the information given to him,

• (2) The Secretary of State may refuse to issue a new registration document in respect of a vehicle if he is not satisfied as mentioned in paragraphs (1) and (1A).

• (3) Unless paragraph (3B) applies, the provisions of Schedule 3 shall have effect in relation to the issue of a new registration document in respect of a vehicle (in this regulation and in Schedule 3 called “the relevant vehicle”) where paragraph (3A) applies.

• (3A) This paragraph applies where—

• (a) the relevant vehicle falls within the category M1 described in Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles; and

• (b) either an insurer has informed the Secretary of State that it has decided to pay the pre-accident value of the relevant vehicle to the owner in preference to paying for is less than the cost of repairing it or the registration document has been surrendered to the Secretary of State under regulation 20(5).

• (3B) This paragraph applies if—

• (a) the relevant vehicle is a vehicle described in paragraph (3A);

• (b) the insurer or the keeper of a fleet has notified the Secretary of State that the relevant vehicle is suitable for repair; and

• (c) the request for a new registration document is made on or after 1st October 2015 but before 26th October 2015.