Statute Details
- Title: Road Traffic (Motor Vehicles, Registration and Licensing) (Exemption) (Consolidation) Order
- Act Code: RTA1961-OR17
- Legislative Type: Subsidiary Legislation (Order)
- Authorising Act: Road Traffic Act (Chapter 276), Section 142
- Revised Edition: 2004 RevEd (29 February 2004)
- Status: Current version as at 27 March 2026
- Key Provision (from extract): Exemption from transfer fees for specified vehicles
- Schedule: Vehicle registration numbers covered by the exemption
What Is This Legislation About?
The Road Traffic (Motor Vehicles, Registration and Licensing) (Exemption) (Consolidation) Order (“the Order”) is a targeted fee-exemption instrument made under the Road Traffic Act. In practical terms, it creates an exception to the general rule that transfer of motor vehicles attracts prescribed fees under the Road Traffic (Motor Vehicles, Registration and Licensing) Rules.
Unlike a broad regulatory framework that governs licensing, registration, or roadworthiness requirements, this Order is narrow in scope. It does not redesign the licensing system. Instead, it provides that a specific organisation—Home Nursing Foundation—does not have to pay certain transfer fees when transferring ownership of particular vehicles identified by their registration numbers.
The Order is “consolidation” legislation. Consolidation typically means that earlier exemption orders are brought together into a single, coherent instrument, often to reduce fragmentation and improve accessibility. The legislative history shown in the extract indicates earlier versions were made in 2002 and consolidated in 2004, with the current version being maintained as at 27 March 2026.
What Are the Key Provisions?
Citation and commencement. The Order begins with a standard citation provision. It may be cited as the Road Traffic (Motor Vehicles, Registration and Licensing) (Exemption) (Consolidation) Order. While the extract does not specify a commencement date, the operative effect is that the exemption applies to the circumstances described in the operative clause and schedule.
Exemption from transfer fees for Home Nursing Foundation. The core operative provision is paragraph 2. Under paragraph 2(1), Home Nursing Foundation is exempted from paying the “transfer fee” and the “additional transfer fee” prescribed in rules 30 and 31(1) of the Road Traffic (Motor Vehicles, Registration and Licensing) Rules.
In plain language, when Home Nursing Foundation transfers any of the vehicles that fall within the scope of the schedule (i.e., vehicles bearing the registration numbers listed), it does not pay the fees that would otherwise be payable for such transfers. This is a statutory carve-out from the fee regime in the Rules.
Scope is limited to specified vehicles. The exemption is not blanket. It is tied to “the vehicles bearing the registration numbers set out in the Schedule.” This is a critical practitioner point: the exemption turns on identification of the vehicle by its registration number. If a vehicle is not listed in the schedule, the exemption does not apply, and the normal transfer fees would be payable.
Accordingly, for any transaction involving vehicle transfer where Home Nursing Foundation is the relevant party, counsel and compliance teams should confirm (i) the identity of the transferring entity and (ii) whether the specific vehicle registration number appears in the schedule. The schedule is therefore the operational “gate” to the exemption.
What fees are exempted. The Order refers specifically to two categories of fees: the transfer fee and the additional transfer fee. These are “prescribed in rules 30 and 31(1)” of the Road Traffic (Motor Vehicles, Registration and Licensing) Rules. The legal significance is that the exemption is anchored to the Rules’ fee provisions rather than to a general concept of “fees” or “charges.”
From a legal drafting perspective, this means the exemption is likely intended to cover only those particular fee heads. If other fees exist in the Rules for related processes (for example, administrative charges not characterised as the transfer fee or additional transfer fee), those may remain payable unless expressly exempted.
Consolidation and versioning. The extract shows multiple dates and instruments (SL 33/2002, SL 485/2002, and the 2004 Revised Edition). For practitioners, this matters because exemption orders can be amended, replaced, or consolidated. The “current version as at 27 March 2026” indicates that the operative text and schedule are those applicable at that time. However, the schedule’s vehicle registration numbers are the most sensitive element; even if the operative clause remains the same, the schedule could be updated across versions. Always verify the schedule in the current version.
How Is This Legislation Structured?
The Order is structured in a conventional subsidiary legislation format with a short set of provisions and a schedule. The main body contains:
(1) Citation provision (paragraph 1), which identifies the instrument; and
(2) Operative exemption provision (paragraph 2), which sets out the exemption and the conditions for its application.
The Schedule is central. It lists the vehicle registration numbers that are covered. In practice, the schedule operates like a whitelist: it defines which vehicles qualify for the exemption when transferred by Home Nursing Foundation.
Given the extract, the Order appears to have a minimal number of substantive paragraphs, with the schedule doing most of the work. This is typical for fee exemption orders that are designed to address specific administrative or policy objectives without altering the general regulatory scheme.
Who Does This Legislation Apply To?
The Order applies to Home Nursing Foundation in relation to the transfer of motor vehicles. The exemption is not expressed as applying to all persons or all vehicle transfers. It is a party-specific exemption: the beneficiary is the named organisation.
Additionally, the exemption applies only when the vehicles transferred are those with registration numbers listed in the schedule. Therefore, even if Home Nursing Foundation transfers a vehicle, the exemption is contingent on whether that vehicle is within the schedule. If the vehicle is outside the schedule, the general transfer fee regime under the Road Traffic (Motor Vehicles, Registration and Licensing) Rules would likely apply.
Why Is This Legislation Important?
Although the Order is short, it can be commercially and operationally significant. Vehicle transfers can involve administrative steps and fees that affect transaction costs. By exempting Home Nursing Foundation from transfer fees (and additional transfer fees), the Order reduces the cost burden for transfers of specified vehicles. This can be particularly relevant for charitable or welfare organisations that manage fleets of vehicles used for service delivery.
From a legal compliance perspective, the Order also provides clarity. Without such an exemption, the default position under the Rules would be that transfer fees are payable. The Order creates a clear statutory basis to claim exemption, which can be important in dealings with the relevant licensing authority and in internal governance documentation.
Finally, the schedule-based nature of the exemption means practitioners should treat this instrument as a document that must be checked at the time of each transaction. The most common risk in practice is assuming an exemption applies broadly when it is actually limited to particular registration numbers. For due diligence, counsel should verify the current schedule and match it to the specific vehicles involved.
Related Legislation
- Road Traffic Act (Chapter 276), Section 142 (authorising provision for making exemption orders)
- Road Traffic (Motor Vehicles, Registration and Licensing) Rules (R 5), including:
- Rule 30 (transfer fee)
- Rule 31(1) (additional transfer fee)
Source Documents
This article provides an overview of the Road Traffic (Motor Vehicles, Registration and Licensing) (Exemption) (Consolidation) Order for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.