The Motor Vehicles (Tests) Regulations 1981

PART V E+W+S FEES

Fees for examinations E+W+S

20.—(1) The fee payable for an examination of a vehicle pursuant to an application made under Regulation 12 is—

(a) in the case of a motor bicycle not having a side car attached to it, [F1 £5.40];

(b) save as provided in paragraph (4) in the case of a vehicle in Class VI,—

(i) if the vehicle is constructed or adapted to carry more than 12 passengers, [F2 £31.50],

(ii) in any other case, [F3 £22];

(c) in any other case, [F4 £9].

(2) Subject to the following provisions of this Regulation, every fee prescribed by paragraph (1) shall be paid—

(a) if the application is one to which item 1 in the Table to Regulation 12(1) applies, or is one (other than an application for a re-examination) to which item 2 in that Table applies, by a remittance accompanying the application;

(b) if the application is one to which Regulation 12(2) applies or, in the case of an application for a re-examination, is one to which item 2 in the Table to Regulation 12(1) applies—

(i) before the examination is carried out if the Secretary of State or the examiner or designated council by whom the examination is to be carried out so requires; and

(ii) after the examination is carried out in all other cases.

(3) Where, on an examination of vehicle other than a vehicle in Class VI, it is found that some or all of the prescribed statutory requirements are not complied with or where, in the circumstances mentioned in Regulation 16, a full examination of the braking system or systems of the vehicle is not carried out, then—

(a) if the vehicle is left at the vehicle testing station at which the examination took place so that the defects which have been revealed can be repaired, no fee shall be payable in respect of any further examination carried out there on the completion of those repairs,

(b) if the vehicle is removed from that vehicle testing station in consequence of the notice of refusal of a test certificate but, within 14 days of the date of issue of that notice it is brought to and left at that or some other vehicle testing station so that the defects which have been revealed by the examination can be repaired and a further examination of the vehicle is carried out there on the completion of those repairs, the fee payable in respect of that further examination shall be one half of the amount prescribed in paragraph (1).

(4) Where, on an examination of a vehicle in Class VI, it is found that some or all of the prescribed statutory requirements are not complied with, or where, in the circumstances mentioned in Regulation 16, a full examination of the braking system or systems of the vehicle is not carried out, then the fee payable in respect of a further examination shall be—

(a) if the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate—

(i) if the vehicle is constructed or adapted to carry more than 12 passengers, [F5 £16],

(ii) in any other case, [F6 £11];

(b) if the vehicle is not so submitted—

(i) if the vehicle is constructed or adapted to carry more than 12 passengers, [F7 £31.50],

(ii) in any other case, [F8 £22].

(5) The fees prescribed by paragraphs (1), (3)(b) and (4) shall be payable notwithstanding that the vehicle is not submitted for examination in accordance with any such appointment or arrangement as is mentioned in Regulation 12:

Provided that if the applicant for the examination has not less than one day before the time so appointed or arranged given the examining authority notice (whether in writing or otherwise) that the applicant does not propose to submit the vehicle for examination at the time so appointed or arranged, the application shall be treated for the purposes of this Regulation as one in respect of which no fee is payable and any amount previously paid in respect of such a fee shall be repayable by the examining authority to the applicant unless another time is arranged for the carrying out of the examination.

(6) No fee shall be payable on an application for an examination of any vehicle, not being a vehicle in Class VI, in any case where in pursuance of any of the provisions of Regulation 13 an authorised examiner or the inspector appointed by a designated council or the Secretary of State does not carry out the examination, and any amount previously paid in any such case in respect of such a fee shall be repaid by the examining authority to the applicant.

(7) The fee prescribed in paragraph (4) shall not be payable if—

(a) the vehicle is submitted for a re-examination on the same day as the day on which an earlier examination of it occurred;

(b) the person by whom the re-examination is made was already at the premises at which the re-examination occurs for the purpose of carrying out an examination on another vehicle; and

(c) the re-examination relates only to one or more of the following requirements specified in Schedule 2:—

• The Lighting Requirements;

• The Stop Lamp Requirements;

• The Direction Indicator Requirements;

• The Windscreen Cleaning Requirements;

• The Audible Warning Instrument Requirements;

• The Class VI Vehicle Requirements in so far as they consist of the requirements specified in

(i) Regulations 18 and 98 (speedometers), 22 (view to the front), 23 and 24 (mirrors), and 97(1) in so far as it relates to the condition of the spare-wheel carrier and bumpers, of the Construction and Use Regulations.

(ii) Regulations 13, 23, and 24 (insofar as they relate to markings) 35 (fire extinguishing apparatus), 36 (first aid equipment) and 39 (insofar as it relates to the cleanliness of the interior of a vehicle) of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulation 1981.

(iii) Regulations 5, 6 and 7 of the Road Vehicles (Rear Fog Lamps) Regulations 1978(1); and

(iv) Regulations 26 to 29 (which deal with reversing lamps) of the Lighting Regulations.

Textual Amendments

F1 Sum in reg. 20(1)(a) substituted (1.9.1983) by The Motor Vehicles (Tests) (Amendment) Regulations 1983 (S.I. 1983/1147), regs. 1, 2

F2 Sum in reg. 20(1)(b)(i) substituted (1.5.1984) by The Motor Vehicles (Tests) (Amendment) Regulations 1984 (S.I. 1984/401), regs. 1, 2, Table

F3 Sum in reg. 20(1)(b)(ii) substituted (1.5.1984) by The Motor Vehicles (Tests) (Amendment) Regulations 1984 (S.I. 1984/401), regs. 1, 2, Table

F4 Sum in reg. 20(1)(c) substituted (1.9.1983) by The Motor Vehicles (Tests) (Amendment) Regulations 1983 (S.I. 1983/1147), regs. 1, 2

F5 Sum in reg. 20(4)(a)(i) substituted (1.5.1984) by The Motor Vehicles (Tests) (Amendment) Regulations 1984 (S.I. 1984/401), regs. 1, 2, Table

F6 Sum in reg. 20(4)(a)(ii) substituted (1.5.1984) by The Motor Vehicles (Tests) (Amendment) Regulations 1984 (S.I. 1984/401), regs. 1, 2, Table

F7 Sum in reg. 20(4)(b)(i) substituted (1.5.1984) by The Motor Vehicles (Tests) (Amendment) Regulations 1984 (S.I. 1984/401), regs. 1, 2, Table

F8 Sum in reg. 20(4)(b)(ii) substituted (1.5.1984) by The Motor Vehicles (Tests) (Amendment) Regulations 1984 (S.I. 1984/401), regs. 1, 2, Table

Commencement Information

I1 Reg. 20 in force at 31.12.1981, see reg. 1

Fees on appeals E+W+S

21.—(1) The fee payable on an appeal made in accordance with the provisions of Regulation 18 is the same amount as the fee payable under Regulation 20(1).

(2) Save as provided in paragraph (4), every fee prescribed by paragraph (1) as the fee payable on an appeal shall be paid at the same time as the appeal is made, and if that fee is not so paid the Secretary of State shall not be obliged to deal with the appeal.

(3) After the completion of the examination for the purposes of the appeal the Secretary of State may repay to the appellant, as he thinks fit, either the whole or a part of the fee paid on the appeal where it appears to him there are substantial grounds for contesting the whole or part of the decision appealed against.

(4) A fee payable on an appeal in accordance with the foregoing provisions of this Regulation shall be payable notwithstanding that the vehicle is not submitted for examination in accordance with the provisions of Regulation 18:

Provided that if the appellant has before the time fixed under Regulation 18 for the carrying out of the examination given the Secretary of State not less than two days' notice (whether in writing or otherwise) at the office of the traffic area at which his appeal was lodged or if he has been given such a notice as is specified in Regulation 18(2), at the address specified in that notice as the address to which any communication relating to the appeal is to be sent, that the appellant does not propose to submit the vehicle for examination at that time, the appeal shall be treated for the purposes of this Regulation as one in respect of which no fee is payable and any amount previously paid in respect of such a fee shall be repaid by the Secretary of State to the appellant unless another time is arranged for the carrying out of the examination.

Commencement Information

I2 Reg. 21 in force at 31.12.1981, see reg. 1

(1)

As amended by S.I. 1979/1145.