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VEHICLES (EXCISE) ACT (NORTHERN IRELAND) 1972 - SECT 16

Issue, etc., of temporary licences by motor dealers.

16.(1) If a motor trader or a vehicle tester applies in the prescribed manner
to the Ministry to take out a licence under this section (in this Act referred
to as a "trade licence")

(a)in the case of a motor trader, for all mechanically propelled vehicles
which are from time to time temporarily in his possession in the course of his
business as a motor trader and all recovery vehicles kept by him for the
purpose of dealing with disabled vehicles in the course of that business; or

(b)in the case of a vehicle tester, for all mechanically propelled vehicles
which are from time to time submitted to him for testing in the course of his
business as a vehicle tester; or

(c)in the case of a motor trader who is a manufacturer of mechanically
propelled vehicles, for all vehicles kept and used by him solely for purposes
of conducting research and development in the course of his business as such a
manufacturer;

(2) The holder of a trade licence shall not be entitled by virtue of that
licence

(a)to use more than one mechanically propelled vehicle at any one time, except
in the case of a recovery vehicle drawing a disabled vehicle; or

(b)to use any vehicle for any purpose other than such purposes as may be
prescribed; or

(c)to keep any vehicle on a road if it is not being used thereon; or

(d)to use a vehicle on a road unless the trade plates or replacements such as
are mentioned in section 23(1)(c) are fixed to that vehicle in the prescribed
manner.

(3) Regulations shall be made under this section prescribing the conditions
subject to which trade licences are to be issued and the purposes for which
the holder of a trade licence may use a vehicle under the licence.

(4) The purposes which may be prescribed as those for which the holder of a
trade licence may use a vehicle under the licence shall not include the
conveyance of goods or burden of any description other than

(a)a load which is carried solely for the purpose of testing or demonstrating
the vehicle or any of its accessories or equipment and which is returned to
the place of loading without having been removed from the vehicle except for
such purpose or in the case of accident; or

(b)in the case of a recovery vehicle, any such load as is referred to in the
definition of such a vehicle contained in subsection (10) or a load consisting
of a disabled vehicle; or

(c)any load built in as part of the vehicle or permanently attached thereto;
or

(d)a load consisting of parts, accessories or equipment designed to be fitted
to the vehicle and of tools for so fitting them; or

(e)a load consisting of a trailer;

(5) A trade licence may be taken out

(a)for a period of twelve months; or

(b)except in the case of a licence which is to be used only for vehicles to
which Schedule 1 relates, for a period of four months;

(6) The rate of duty applicable to a trade licence taken out for
a period of twelve months shall be [#35] or, if the licence is to be used only
for vehicles to which Schedule 1 relates, [#7]; and the rate of duty
applicable to a licence taken out for a period of four months shall be
eleven-thirtieths of the rate applicable to the corresponding trade licence
taken out for a period of twelve months, any fraction of 5p being treated as
5p if it exceeds 2.5p but otherwise being disregarded.

(7) Nothing in this section shall operate to prevent a person entitled to take
out a trade licence from holding two or more trade licences.

(8) If any person holding a trade licence or trade licences issued under this
section uses on a public road by virtue of that licence or those licences

(a)a greater number of vehicles at any one time than he is authorised to use
by virtue of that licence or those licences; or

(b)any vehicle for any purpose other than such purposes as may have been
prescribed under subsection (3);

(i)a fine of #50; or

(ii)a fine equal to five times the amount of the duty chargeable in respect of
the vehicle or vehicles.

(9) The amount of the duty chargeable in respect of a vehicle shall be
calculated for the purposes of subsection (8) in the same manner as it is
calculated for the purposes of section 8 by virtue of subsection (4) thereof.

(10) In this section

"motor trader" means a manufacturer or repairer of, or dealer in, mechanically
propelled vehicles; and a person shall be treated for the purposes of this
section as a dealer in such vehicles if he carries on a business consisting
wholly or mainly of collecting and delivering mechanically propelled vehicles,
and not including any other activities except activities as a manufacturer or
repairer of, or dealer in, such vehicles;

"recovery vehicle" means a vehicle on which there is mounted, or which is
drawing, or which is carrying as part of its equipment, apparatus designed for
raising a disabled vehicle wholly or partly from the ground or for drawing a
disabled vehicle when so raised and which is not used for the conveyance of
goods other than a disabled vehicle wholly raised by that apparatus, and which
carries no other load than articles required for the operation of, or in
connection with, that apparatus or otherwise for dealing with disabled
vehicles;

"vehicle tester" means a person, other than a motor trader, who regularly in
the course of his business engages in the testing on roads of mechanically
propelled vehicles belonging to other persons.


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© 1972 Crown Copyright

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