uksi/2015/59 — The Use of Invalid Carriages on Highways (Amendment) (England and Scotland) Regulations 2015

2015 No. 59 Road Traffic, England Road Traffic, Scotland The Use of Invalid Carriages on Highways (Amendment) (England and Scotland) Regulations 2015 Made 23rd January 2015 Laid before Parliament 2nd February 2015 Coming into force 9th March 2015 The Secretary of State makes these Regulations in exercise of the powers conferred by section 20(1), (2) and (3) of the Chronically Sick and Disabled Persons Act 1970 now vested in him . Citation, commencement and application 1 These Regulations— a may be cited as the Use of Invalid Carriages on Highways (Amendment) (England and Scotland) Regulations 2015; b come into force on 9th March 2015; and c apply in relation to England and Scotland only. Amendment of the Use of Invalid Carriages on Highways Regulations 1988 2 1 The Use of Invalid Carriages on Highways Regulations 1988 are amended as follows. 2 For regulation 7 (Unladen Weight), substitute— 7 1 Subject to paragraph (2), the unladen weight of an invalid carriage must not exceed— a in the case of a Class 1 or Class 2 invalid carriage, 113.4 kilograms; and b in the case of a Class 3 invalid carriage, 150 kilograms. 2 The unladen weight of an invalid carriage which satisfies the conditions in paragraph (3) must not exceed 200 kilograms. 3 The conditions are that— a the invalid carriage includes necessary user equipment; and b the unladen weight of the invalid carriage, excluding the weight of necessary user equipment, does not exceed the weight limit for its Class as set out in paragraph (1). 4 In this regulation— a “necessary user equipment” means equipment that— i forms part of, or is attached to, the invalid carriage upon construction or adaptation; and ii is necessary for the specific clinical, postural, hygienic, caring or nursing requirement of the usual user. b “unladen weight” means the weight of the invalid carriage— i inclusive of the weight of water, fuel or accumulators used for the purpose of the supply of power for propulsion of the invalid carriage, loose tools, and any necessary user equipment; but ii exclusive of any other load and the weight of the person carried by the invalid carriage. . Signed by authority of the Secretary of State for Transport Kramer Minister of State Department for Transport 23rd January 2015 EXPLANATORY NOTE (This note is not part of the Regulations) The Use of Invalid Carriages on Highways Regulations 1988 (“the 1988 Regulations”) make provision regarding the requirements with which invalid carriages must comply, and the conditions in accordance with which invalid carriages must be used, in order to benefit from certain exemptions from road traffic legislation which are set out in section 20(1) of the Chronically Sick and Disabled Persons Act 1970. These Regulations substitute regulation 7 of the 1988 Regulations to introduce a new requirement which relates to invalid carriages which include necessary user equipment. Necessary user equipment is part of, or is attached to, an invalid carriage upon construction or adaption and is necessary to satisfy a clinical, postural, hygienic, caring or nursing requirement of the usual user. An invalid carriage which includes necessary user equipment but does not exceed the unladen weight limit for its Class when the weight of the necessary user equipment is not included must satisfy the requirement that its unladen weight must not exceed 200 kilograms. An impact assessment of the effect that this instrument will have on the costs to business and the voluntary sector is available from the website of the Department for Transport ( www.gov.uk/government/organisations/department-for-transport ). It is also annexed to the Explanatory Memorandum for this instrument available alongside this instrument on the legislation.gov.uk website.