PART II E+W+S General Provisions Relating to Public Service Vehicles

Modifications etc. (not altering text)

Fitness of public service vehiclesE+W+S

6 Certificate of initial fitness (or equivalent) required for use as public service vehicles.E+W+S

(1)[F1Subject to subsection (1ZA) below,] A public service vehicle adapted to carry more than eight passengers shall not be used on a road unless—

(a)[F2an examiner appointed under section 66A of the Road Traffic Act 1988] [F3or an authorised inspector] has issued a certificate (in this Act referred to as a “certificate of initial fitness”) that the prescribed conditions as to fitness are fulfilled in respect of the vehicle; or

(b)a certificate under section 10 of this Act has been issued in respect of the vehicle; or

[F4(d)one of the following certificates has effect with respect to the vehicle―

[F5(ai)a GB certificate of conformity;]

(i)[F6a relevant] [F7certificate of conformity];

(ii)a F8... small series certificate of conformity;

(iii)an individual approval certificate.]

[F9(1ZA)In the case of a public service vehicle to which subsection (1ZB) below applies, subsection (1) above has effect as if paragraphs (a) and (b) of that subsection were omitted.

(1ZB)This subsection applies to any public service vehicle which, by virtue of [F10regulation 21] of the Approval Regulations, may not—

(a)be granted a first licence under section 21 of the Vehicle Excise and Registration Act 1994, or

(b)be registered before the issue of a first licence under that section,

unless one of the certificates mentioned in paragraph (d) of subsection (1) above has effect with respect to the vehicle.]

[F11(1A)Without prejudice to the powers of the Secretary of State under section 7 of this Act in relation to the exercise by certifying officers of their functions, regulations may make provision with respect to the examination of vehicles for the purposes of subsection (1)(a) above by or under the direction of authorised inspectors and the issue or refusal of certificates of initial fitness by such inspectors on any such examinations.]

(2)Subject to section 68(3) of this Act, if a vehicle is used in contravention of subsection (1) above, the operator of the vehicle shall be liable on summary conviction to a fine not exceeding [F12level 4 on the standard scale].

[F13(3)In this section—

  • “Approval Regulations” means the Road Vehicles (Approval) Regulations 2020;

  • F14...

  • [F15“GB certificate of conformity” means—

    (a)

    a GB certificate of conformity within the meaning of Article 3(5B) of the Type Approval Regulation, or

    (b)

    a certificate of conformity issued under section 57(1) of the Road Traffic Act 1988;]

  • “individual approval certificate” means a certificate issued under regulation 18(10) of the Approval Regulations;

  • F16...

  • [F15“relevant certificate of conformity” means—

    (a)

    a UK (NI) certificate of conformity, as defined in Article 3(5C) of the Type Approval Regulation, or

    (b)

    in a case where the vehicle—

    (i)

    was in the United Kingdom before IP completion day;

    (ii)

    is a qualifying Northern Ireland good, within the meaning of section 47 of the United Kingdom Internal Market Act 2020; or

    (iii)

    is approved as a type vehicle under section 55(1A) or (1D) of the Road Traffic Act 1988,

    an EU certificate of conformity, as defined in Article 3(5A) of the Type Approval Regulation;]

  • [F15“small series certificate of conformity” means a certificate issued under regulation 16(7) of the Approval Regulations;]

  • [F15“Type Approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles.]]

Textual Amendments

F2Words in s. 6(1)(a) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para.14; S.I. 1992/1286, art. 2,Sch.

F3Words inserted (prosp.) by Transport Act 1982 (c. 49, SIF 58, 107:1, 126), ss. 10(3)(d), 76(2)

Modifications etc. (not altering text)

C2S. 6(1A) extended (prosp.) by Transport Act 1982 (c. 49, SIF 58, 107:1, 126), ss. 10(11)(b), 76(2)

F177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

8 Powers of, and facilities for, inspection of public service vehicles.E+W+S

—(1)

F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Secretary of State may—

(a)provide and maintain stations where inspections of public service vehicles F19. . . may be carried out;

(b)designate premises as stations where such inspections may be carried out; and

(c)provide and maintain apparatus for the carrying out of such inspections;

and in this Act “official PSV testing station” means a station provided, or any premises for the time being designated, under this subsection.

Textual Amendments

F209. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

[F219A Extension of sections 8 and 9 to certain passenger vehicles other than public service vehicles.E+W+S

(1)Section 8 of this Act shall apply, F22. . ., to any motor vehicle (other than a tramcar) which is adapted to carry more than eight passengers but is not a public service vehicle as it applies to a public service vehicle.

F23(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F22Words in s. 9A(1) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch.8; S.I. 1992/1286. art. 2, Sch.,Appendix

10 Approval of type vehicle and effect thereof.E+W+S

(1)Where the Secretary of State is satisfied in respect of one vehicle of a particular type that the prescribed conditions as to fitness are fulfilled in respect of the vehicle he may, on payment of the prescribed fee, approve the vehicle as a type vehicle.

(2)Where a type vehicle has been approved under this section and a declaration in the prescribed form has been made by a person authorised by the Secretary of State in that behalf that any other vehicle conforms in design, construction and equipment with the type vehicle, [F24an examiner appointed under section 66A of the Road Traffic Act 1988] may, after examining if he thinks fit that other vehicle, issue a certificate in the prescribed form that the vehicle conforms to the type vehicle.

(3) The Secretary of State may at any time withdraw his approval of a type vehicle and thereafter no certificate that any other vehicle conforms to the type vehicle shall be issued; but as regards any such certificate previously issued, the withdrawal of the approval shall not affect the operation of that certificate for the purposes of section 6 of this Act.

Textual Amendments

11 Modification of section 6 in relation to experimental vehicles.E+W+S

(1)Where it appears to the Secretary of State expedient to do so for the purpose of the making of tests or trials of a vehicle or its equipment, he may by order made in respect of that vehicle for the purposes of section 6 of this Act dispense with such of the prescribed conditions as to fitness referred to in subsection (1)(a) of that section as are specified in the order.

(2)While such an order is in force in respect of a vehicle, section 6 of this Act shall have effect in relation to the vehicle as if the prescribed conditions as to fitness referred to in subsection (1)(a) of that section did not include such of those conditions as are dispensed with by the order.

(3)An order under this section shall specify the period for which it is to continue in force, and may contain, or authorise the imposition of, requirements, restrictions or prohibitions relating to the construction, equipment or use of the vehicle to which the order relates.

(4)Where an order under this section in respect of a vehicle is revoked or otherwise ceases to have effect, any certificate of initial fitness issued under section 6 of this Act in respect of the vehicle while the order was in force shall, for the purposes of that section as regards any use of the vehicle after the order has ceased to have effect, be deemed never to have been issued.