This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 28 February 2013 and are revoked with the close of 30 June 2013, are the Road User Charges (Transitional Exemption for Certain Farmers' Vehicles) Regulations 2013. These regulations insert a transitional provision into the Road User Charges Act 2012 (the Act).
Regulation 4 modifies the Act during the transitional period beginning on 28 February 2013 and ending with the close of 30 June 2013 by inserting new section 97B.
New section 97B is a transitional and savings provision. It provides that, despite the commencement of Part 2 of the Act, the exemption granted under section 4(c) of the Road User Charges Act 1977 in respect of farmers' vehicles used on the road only in connection with agricultural operations continues to apply in respect of light RUC vehicles until the close of 30 June 2013. Vehicles to which the exemption continues to apply must, during that period, be treated as if they were exempt vehicles within the meaning of section 5(1) of the Act.
Regulation 4 is to the same effect as regulation 8 of the Road User Charges (Transitional Matters) Regulations 2012, which was the subject of an adverse report by the Regulations Review Committee, and a motion to disallow it was given by the chair of that committee on 13 November 2012. As a result, under section 6 of the Regulations (Disallowance) Act 1989, at the close of 27 February 2013 that regulation will be deemed to have been disallowed and will cease to have effect. Cabinet has decided to effectively reinstate the disallowed regulation to ensure that the existing exemption for farmers' light RUC vehicles remains in place, pending the implementation of permanent exemptions under section 40 of the Act for light RUC vehicles operated almost exclusively off-road. The effect of not reinstating the regulation would be to require farmers to obtain RUC distance licences, keep records, and claim refunds for off-road use, until the time when exemptions under section 40 of the Act are implemented.