RECENT LEGISLATION • Motor Vehicles (Type Approval) (Great Britain) (Amendment)
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Regs 1993 (SI 2201). Amends 1984 Regulations (1984-981), in that Regulation 4 relating to Type Approval demands for exhaust emissions affects all vehicles (except those with less than four wheels or fuelled by gas), regardless of their date of manufacture. Effective Date: 1 October 1993.
• Finance Act 1993 S18 (Appointed Day) Order 1993 (SI 2446).
Increases the annual rate of vehicle excise duty for vehicles used to haul exceptional loads. Licences taken out after 16 March 1993 will cost £4,250 (up from £3, 250) if they are taken out before the appointed date, 30 November 1993). Those taken out after that date will cost £5,000.
• Vehicles Excise Duty (Simplification of Goods Vehicles Rates) Order 1993 (SI 2452). Amends Vehicles (Excise) Act 1971, setting out the annual rates of vehicle excise duty for goods vehicles. The duty payable on rigid goods vehicles over 7,500kg GVW is related to the plated gross weight and the number of axles on the vehicle. Vehicles over 12,000kg. which are used to haul a trailer exceeding 4,000kg plated gross weight are subject to a "Trailer Supplement" of £130 if the trailer weighs less than 12,000kg or £360 if it weighs more than 12,000kg. Effective date: 8 November 1993.
RECENT CASES
Booth vs DPP, December (1993) RTR 379. The defendant was a repairer and lessor of trailers which were collected and returned by the defendant's own tractor. There was no excise licence or 0-licence for the vehicle and the defendant was prosecuted for: • Using a goods vehicle on a road for the carriage of goods for hire or removal, or for or in connection with a trade or business carried on by him, otherwise than under an 0-licence.
• Using a goods vehicle on a road when no vehicle excise licence was in force.
The vehicle was displaying Trade Plates. It was argued that a Trailer was not "goods" for the purposes of S60 Transport Act 1968, so no licence was required.
Decision: S92 Transport Act 1968 provides that "carriage" of goods includes haulage of goods. "Goods" includes goods or burden of any description, so trailers being transported for testing and repair were goods for the purposes of S60 and the tractor should have been covered by an 0-licence.