Contents
1Citation and commencement#
These Regulations may be cited as the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) (Amendment) Regulations 2008 and shall come into force on 1st October 2008.
2Amendment of Regulations#
The Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997 ) shall be amended in accordance with the following regulations.
3Amendment of Regulations#
In regulation 2 (interpretation), in paragraph (1) after the definition of “release” there shall be inserted—“• “relevant place” means a place to which Schedule 2A to the 1994 Act applies;”
4Amendment of Regulations#
In regulation 4 (disapplication of the Regulations)—
(a)in paragraph (1), there shall be omitted “which is on a public road”;
(b)in paragraph (2), there shall be omitted sub-paragraph (b);
(c)paragraph (3) shall be omitted.
5Amendment of Regulations#
In regulation 5 (power to immobilise vehicles)—
(a)in paragraph (1) for “on a public road” there shall be substituted “in a relevant place”;
(b)in paragraph (2)—
(i)after “may” there shall be inserted “enter a relevant place and”;
(ii)in sub-paragraph (a), for “in the place where it is stationary” there shall be substituted “in that place”; and
(iii)in sub-paragraph (b), for “place on the same or another public road” there shall be substituted “relevant place”.
6Amendment of Regulations#
In regulation 6 (release of immobilised vehicles)—
(a)in paragraph (1) sub-paragraph (b)—
(i)paragraph (i) and the word “or” following it shall be omitted; and
(ii)in paragraph (ii) there shall be omitted “or that the vehicle was at the time it was immobilised an exempt vehicle”;
(b)for paragraph (3) there shall be substituted—“3 The second requirement is that—a evidence that no offence under section 29(1) of the 1994 Act was being committed when the immobilisation device was fixed or the vehicle moved is produced in accordance with instructions specified in the immobilisation notice;b the prescribed charge for a surety payment is paid in any manner specified in the immobilisation notice;c a vehicle licence for the vehicle, which is in force, is produced; ord a declaration is made that—i an appropriate licence was in force for the vehicle at the time when the immobilisation device was fixed or the vehicle moved;ii save in the case of a vehicle stationary on a public road, a relevant declaration was in force for the vehicle at that time; oriii at that time the vehicle was an exempt vehicle which was not one in respect of which regulations under the 1994 Act require a nil licence to be in force.”
7Amendment of Regulations#
In regulation 8 (other offences connected with immobilisation) in paragraph (2) for sub-paragraphs (a) and (b) there shall be substituted—“a a person makes a declaration of a type referred to in regulation 6(3)(d) with a view to securing the release of a vehicle from an immobilisation device purported to have been fixed in accordance with the regulations; and”
8Amendment of Regulations#
In regulation 9 (removal of vehicles)—
(a)in paragraph (1), in sub-paragraph (a) for “on a public road” there shall be substituted “in a relevant place”; and
(b)in paragraph (3), after “direction, may” there shall be inserted “enter the relevant place and”.
9Amendment of Regulations#
In regulation 12 (taking possession of a vehicle), in paragraph (2)—
(a)in sub-paragraph (b), for “a vehicle licence in respect of the vehicle which was in force when the vehicle was immobilised, or where it was not immobilised, it was removed,” there shall be substituted “evidence that no offence under section 29(1) of the 1994 Act was committed”;
(b)for sub-paragraph (c) there shall be substituted—“c the claimant—i produces to the custodian evidence that no offence under section 29(1) was committed;ii produces to the custodian a vehicle licence for the vehicle which is then in force; oriii pays to the custodian the prescribed charge for the surety payment.”
10Amendment of Regulations#
In regulation 17 (disputes), in paragraph (6) for “on a public road” in each instance those words appear there shall be substituted “in a relevant place”.
11Amendment of Regulations#
In Schedule 1 (the prescribed charges)—
(a)in Table I—
(i)in relation to item 1 in column (3) for “£80” there shall be substituted “£100”;
(ii)in relation to item 2—
(aa)in column (2) for “motorcycle” there shall be substituted “vehicle”; and
(bb)in column (3) for “£80” there shall be substituted “£100”;
(iii)in relation to item 3—
(aa)in column (2) “, including a motorcycle” shall be omitted; and
(bb)in column (3) for “£160” there shall be substituted “£200”; and
(iv)in relation to item (4) for “£15” there shall be substituted “£21; and
(b)in Table II in column (3)—
(i)in relation to item 1 for “£120” there shall be substituted “£160”;
(ii)in relation to item 2 for “£300” there shall be substituted “£330”; and
(iii)in relation to item 3 for “£600” there shall be substituted “£700”.
Contains public sector information licensed under the Open Government Licence v3.0.