Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations come into force on 19 January 2015, but regulation 5 comes into force on 1 April 2015 and regulations 4, 7, and 8 come into force on 1 January 2016. Part of regulation 9 comes into force on 1 April 2015 and the rest comes into force on 1 January 2016.
Regulation 4 replaces regulation 36, which prescribes the form of trade plates. The new regulation is to the same effect as the old regulation, except that 2 forms of trade plates are now prescribed: one for heavy RUC vehicles (within the meaning of the Road User Charges Act 2012); and the other for vehicles that are not heavy RUC vehicles.
Regulation 5 inserts new regulation 64A, which prescribes the additional fee payable under section 269A of the Land Transport Act 1998 in respect of certain classes of RUC vehicles as specified in the new Part 2AB of Schedule 5 as inserted by regulation 9. Section 269A authorises the prescribing of an additional fee in respect of all or certain classes of RUC vehicles that are exempt from road user charges under section 38 or 38A of the Road User Charges Act 2012.
The additional fee is payable at the same time as the fee payable in respect of an application for a motor vehicle licence or for the issue of trade plates.
Regulation 6 amends regulation 77, which specifies certain offences in relation to unregistered or unlicensed motor vehicles. Subclause (3)(d) and (f) provides defences in relation to trailers attached to certain vehicles and trailers designed exclusively for agricultural operations and used on a road only when proceeding to and from a farm or when being inspected, serviced, or repaired. The amendments remove the first part of the defence in relation to certain vehicles operated in excess of 40 km per hour, being heavy agricultural trailers designed principally for the carriage of goods and heavy goods trailers. It will still be a defence if the vehicle is being operated on a road for the purpose of being inspected, serviced, or repaired.
Regulation 7 inserts new regulation 77A, which provides a defence, in certain circumstances, in proceedings for an offence relating to displaying a heavy RUC vehicle trade plate for a motor vehicle that is not a heavy RUC vehicle.
The Schedule inserts a diagram into Schedule 3 showing the form of trade plate for a heavy RUC vehicle.
Regulatory impact statement
The Ministry of Transport produced a regulatory impact statement on 25 March 2013 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 11 December 2014.
These regulations are administered by the Ministry of Transport.