The Motor Vehicles (Tests) Regulations 1981

Applications for examinationsE+W+S

12.—(1) An application for an examination of a vehicle in [F1Class VI or VIA] under these Regulations shall be made to the Secretary of State [F2and, subject to paragraph (1A) below, shall be in writing].

[F3(1A) An application for a re-examination of a vehicle in [F4Class VI or VIA] under these Regulations need not be in writing if the application is made before the expiration of 28 days after the last examination.]

(2) An application for an examination (including a re-examination) of a vehicle in a class other than [F5Class VI or VIA] under these Regulations shall be made as indicated in the Table below:—

(1)	(2)	(3)
Item No.	Person or body to whom application must be made	Manner in which appointment must be made
1.	An [F6authorised] examiner or a designated council.	By arrangement following application made in writing or, during the normal working week, by telephone to, or in person at (whether by submitting the vehicle or not), the vehicle testing station where the applicant desires the vehicle to be examined.
2.	The Secretary of State.	By arrangement following prior application.

(3) Subject to the following provisions of these Regulations, [F7authorised] examiners and designated councils shall ensure that—

(a)where in accordance with the provisions of paragraph (2) an appointment is requested for the carrying out of an examination F8..., an appointment is forthwith offered for the carrying out of the examination at the earliest time at which it is reasonably practicable for the examination to be carried out during the normal working week;

(b)where in accordance with the provisions of paragraph (2) a vehicle is submitted for examination F9... without any appointment for the carrying out of the examination having been previously made, the applicant is informed either that the examination can be carried out forthwith or, if not, of the earliest time at which it is reasonably practicable for the examination to be carried out during the normal working week;

(c)except in so far as prevented by circumstances beyond the control of the examiner or council, examinations are carried out in accordance with the appointments made or the information given in pursuance of the preceding provisions of this paragraph or at such other times as may be arranged between the applicant and the examiner or council.

(4) On an appointment being made or a time being arranged for the carrying out of an examination in accordance with paragraph (3) the [F10authorised] examiner or the designated council, as the case may be, shall record the hour and the date thereof and the name of the person by whom the application for the examination is made:

Provided that no such record needs to be made in a case where a vehicle is submitted for examination at a vehicle testing station of an [F10authorised] examiner or designated council, without any appointment for the carrying out of the examination having been previously made, and the examination is carried out forthwith.

(5) [F11Any authorised examiner, inspector, nominated tester or section 66A examiner] F12... may carry out an examination of a motor vehicle in accordance with the provisions of these Regulations notwithstanding that the foregoing provisions of this Regulation have not been complied with F13....

(6) Nothing in this Regulation shall be taken as entitling an [F14authorised examiner or a nominated tester] to carry out an examination of a vehicle not being of a type included in the authorisation of the examiner, or as imposing on a designated council or an inspector F15... any obligation with respect to the carrying out of an examination of a vehicle not being of a type which that council have for the time being notified to the Secretary of State as a type of vehicle which will be examined by [F16their inspectors].

Textual Amendments

F1Words in reg. 12(1) substituted (1.8.1998) by The Motor Vehicles (Tests) (Amendment) Regulations 1998 (S.I. 1998/1672), regs. 1, 7

F2Words in reg. 12(1) substituted (31.10.1989) by The Motor Vehicles (Tests) (Amendment) (No.2) Regulations 1989 (S.I. 1989/1694), regs. 1, 3(2)(a)

F3Reg. 12(1A) inserted (31.10.1989) by The Motor Vehicles (Tests) (Amendment) (No.2) Regulations 1989 (S.I. 1989/1694), regs. 1, 3(2)(b)

F4Words in reg. 12(1A) substituted (1.8.1998) by The Motor Vehicles (Tests) (Amendment) Regulations 1998 (S.I. 1998/1672), regs. 1, 7

F5Words in reg. 12(2) substituted (1.8.1998) by The Motor Vehicles (Tests) (Amendment) Regulations 1998 (S.I. 1998/1672), regs. 1, 7

F6Word in reg. 12(2) Table inserted (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 6(a) (with reg. 1(3))

F7Word in reg. 12(3) inserted (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 6(b)(i) (with reg. 1(3))

F8Words in reg. 12(3)(a) omitted (1.6.2003) by virtue of The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 6(b)(ii)(iii) (with reg. 1(3))

F9Words in reg. 12(3)(b) omitted (1.6.2003) by virtue of The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 6(b)(ii)(iii) (with reg. 1(3))

F10Word in reg. 12(4) inserted (1.6.2003) by virtue of The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 6(c) (with reg. 1(3))

F11Words in reg. 12(5) substituted (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 6(d)(i) (with reg. 1(3))