VICIn ForceRegulation
Road Safety (Vehicles) Regulations 2021
144Appeal to the Magistrates' Court under section 12, 15A or 16E of the Act
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144 Appeal to the Magistrates' Court under section 12, 15A or 16E of the Act
(1) An appeal to the Magistrates' Court under section 12, 15A or 16E of the Act by a person affected by a decision made by the Secretary must be made within 28 days after—
(a) if the decision was not reviewed under regulation 138 or 142—the date of the notice of the Secretary's decision; or
(b) if the decision was reviewed under regulation 142—the date of the notice informing the person of the outcome of the internal review.
(2) If the Secretary fails to notify a person of the outcome of an internal review of a decision, as required by regulation 138 or 142, the person may appeal to the Magistrates' Court within 60 days after the date on which the person made the application for internal review.
(3) A person who appeals to the Magistrates' Court under section 12, 15A or 16E of the Act must—
(a) give written notice of the appeal to the registrar of the Magistrates' Court, and request the clerk to endorse a copy of the notice with the date on which the appeal is to be heard; and
(b) serve on the Secretary the endorsed copy of the notice not less than 14 days before the hearing date.
(4) The Magistrates' Court must cause particulars of an order made on an appeal under section 12, 15A or 16E of the Act to be sent immediately to the Secretary.
Part 3—Use of unregistered vehicles
Division 1—Exemptions from registration
145 Exemption for vehicles used for the purpose of obtaining registration
(1) Subject to subregulation (3), a vehicle is exempt from the requirement to be registered while it is being used on a highway if—
(a) the vehicle is being used for the purpose of obtaining registration and the vehicle is proceeding by the most direct or convenient route to the nearest place at which registration under the Act is carried out; or
(b) the vehicle is being used for the purpose of attending an office of the Department or an authorised vehicle inspector to have a defect notice cleared.
(2) A vehicle is exempt from the requirement to be registered while it is being used on a highway if—
(a) its registration has been suspended on the grounds referred to in regulation 129(1)(a); and
(b) the vehicle is being used by a licensed tester or an examining mechanic for the purpose of examination and testing.
(3) A vehicle is not exempt under subregulation (1) from the requirement to be registered while the vehicle is being used on a highway for the purpose of—
(a) having the vehicle repaired; or
(b) obtaining a certificate of roadworthiness for the vehicle.
See Part 3 of the **Transport Accident Act 1986** for information about entitlement to compensation under that Act.
(4) In this regulation—
***direct or convenient route*** includes—
(a) the route to the nearest place at which the vehicle can be weighed or the place in which the inspection for the purpose of obtaining registration is booked; and
(b) the route from that place to the place of registration.