Memorandum by the Department
of the Environment, Transport and the Regions
1999 (S.I. 1999/2864)
1. The Committee has asked for
a memorandum on two matters, as follows:
(1) Regulation 3(5) determines
the date of first use of a motor bicycle by reference to the date
on which it was first registered under the Vehicles (Excise) Acts
of 1949, 1962 or 1971. Explain why there is no reference to the
Vehicles Excise and Registration Act 1994.
2. Section 97(3)(d) of the Road
Traffic Act 1988 provides that a learner motor cyclist may ride
only two classes of motor bicycle, namely a "learner motor
bicycle", which is defined in the Act, and a motor bicycle
the first use of which occurred before January 1 1982, the meaning
of "first use" having to be defined in regulations.
3. Regulation 3(5) determines
the date of first use of a motor cycle for the purposes of this
enactment either by reference to its date of manufacture (paragraph
(b)), in which case the statute under which it was first registered
is of no importance, or by reference to the date of its first
registration (paragraph (a)), in which case it is of importance.
The Vehicle Excise and Registration Act 1994 came into force for
all relevant purposes on 1 September 1994. Therefore no vehicle
could have been registered under that Act before 1 January 1982
and there is no need to make reference to it for the purposes
of paragraph (a).
(2) Regulation 65(2) precludes
a person from being authorised to be an instructor unless (amongst
other requirements) he was so authorised on 30 January 1998 by
an approved training body "in accordance with these Regulations".
Is the reference to the Regulations intended to be a reference
to regulations in force on that date (compare regulation 60(3)(c)).
4. Yes. The 1999 Regulations
are to a large extent a consolidation. When the earlier regulations
were incorporated into them, what is now regulation 60(3)(c) was
appropriately amended but by an oversight what is now regulation
65(2) was not. The error is regretted and will be corrected at
the first suitable opportunity.
12th November 1999