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Make
provision for the establishment of a compulsory registration scheme
for |
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off-road vehicles; and for
connected purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Amendment
of the Vehicle Excise and Registration Act 1994 |
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(1) |
The Vehicle Excise and Registration
Act 1994 (c. 22) is amended as follows. |
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(2) |
After section 21 insert— |
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“21A |
Registration
of off-road vehicles |
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(1) |
This section applies to
motorcycles and motorquadbikes for which |
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5 |
there
is no duty to take out a vehicle licence under section 1 of this
Act |
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by
reason of their being exclusively used and kept off public roads.
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Such
vehicles are referred to as “off-road bikes” in this
Act. |
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(2) |
The Secretary of State
shall establish, within 12 months of the passing |
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of
this Act, and maintain a register of off-road bikes and their
keepers, |
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to
be administered by the Driver and Vehicle Licensing Agency. |
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(3) |
Off-road bikes must be registered
in the following circumstances: |
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(a) |
on first sale by dealers
or importers of off-road bikes, by the |
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(b) |
by any person who keeps
or owns an off-road bike, if the off- |
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road
bike is previously unregistered. |
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(4) |
It is the duty of the keeper
and owner of an off-road bike to keep its |
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registration
and the details thereof up to date. |
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(5) |
The Secretary of State
shall ensure that the registration of an off-road |
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bike
matches the manufacturer’s exclusive identification markings
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20 |
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(6) |
If the Secretary of State
is satisfied that the manufacturer’s exclusive |
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identification
markings for any off-road bike have been deliberately |
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erased
or altered so as to prevent knowledge of the true identity of
the |
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off-road
bike, the Secretary of State shall not register the off-road bike,
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or
if it has already been registered, shall cancel its registration. |
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(7) |
The registered keeper of
an off-road bike is by virtue of this Act |
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presumed
to be its owner unless proven otherwise by a person |
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(8) |
The Secretary of State
shall prescribe by regulations the permissible |
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time
scales for the registration of off-road bikes. |
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(9) |
Sections 30 and 31 of this
Act shall not apply to off-road bikes. |
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(10) |
A person who contravenes
subsection (3) or (4) shall be guilty of an |
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(11) |
A person convicted of an
offence under this Act shall be liable on |
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summary
conviction to a fine not exceeding level 2 on the standard |
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(3) |
In section 23(1) (registration
marks) after the words “section 21(1)” insert “or
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(4) |
In section 62 (other definitions)
after the definition of “motor dealer” insert— |
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“‘motorquadbike’
means a four-wheeled motor scooter and includes a |
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motorquadbike to which a
trailer is attached.” |
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2 |
Amendment
of the Police Reform Act 2002 |
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(1) |
The Police Reform Act 2002
(c. 30) is amended as follows. |
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(2) |
In section 59, after subsection
(1) insert— |
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“(1A) |
Where a constable in uniform
has reasonable grounds for believing that |
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an
off-road bike within the meaning of section 21A of the Vehicle
Excise |
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and
Registration Act 1994— |
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(b) |
has had its manufacturer’s
exclusive identification markings |
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deliberately
erased or altered so as to prevent knowledge of its |
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he shall have the powers
set out in subsection (3). |
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(1B) |
Subsections 59(4) and (5)
of this Act do not apply to seizure of an off- |
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road
bike pursuant to section 59(1A).” |
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There
shall be paid out of money provided by Parliament— |
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(a) |
any
sums to be paid by the Secretary of State for or in connection
with the |
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carrying
out of his functions under this Act; and |
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(b) |
any
increase attributable to this Act in the sums which are payable
out of |
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money
so provided under any other Act. |
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This Act extends to Northern
Ireland. |
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40 |
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