The Goods Vehicles (Plating and Testing) Regulations 1988

PART IV REGULATIONS GOVERNING PERIODICAL TESTS

Periodical tests, and issue of test certificates (or notices of refusal)

26.  On the submission of a vehicle for a periodical test a goods vehicle examiner shall arrange for a vehicle to undergo that test, and when that test has been completed there shall be issued—

(a) where the vehicle is found to comply with the prescribed construction and use requirements, a goods vehicle test certificate; or

(b) where the vehicle is found not to comply with the prescribed construction and use requirements, a notice of the refusal of a goods vehicle test certificate.

Re-test procedure, and issue of test certificates (or notices of refusal)

27.—(1) Where a vehicle is submitted for a re-test at a vehicle testing station under regulation 15(2) or (3), a goods vehicle examiner shall in carrying out the test be under an obligation only to examine the vehicle for the purpose of ascertaining whether it complies with the particular items of the prescribed construction and use requirements with which it was shown in the last notice of a refusal of a test certificate not to comply.

(2) Where a goods vehicle examiner finds that the vehicle complies with the particular items of the prescribed construction and use requirements mentioned in paragraph (1) and has no reason to believe that the other prescribed construction and use requirements are not complied with in relation to the vehicle, there shall be issued a goods vehicle test certificate.

(3) Where a goods vehicle examiner does not find that the vehicle complies with the particular items of the prescribed construction and use requirements mentioned in paragraph (1) or finds that any other prescribed construction and use requirement is not complied with in relation to the vehicle, there shall be issued a notice of the refusal of a test certificate.

(4) Where a vehicle is submitted for a re-test at a vehicle testing station under regulation 15(4), a goods vehicle examiner shall arrange for the vehicle to undergo a goods vehicle test, and when that test has been completed there shall be issued—

(a) where the vehicle is found to comply with the prescribed construction and use requirements, a goods vehicle test certificate;

(b) where the vehicle is found not to comply with the prescribed construction and use requirements, a notice of the refusal of a goods vehicle test certificate.

Form of test certificates and notices of refusal

28.  Goods vehicle test certificates and notices of the refusal of a goods vehicle test certificate issued under regulation 24, 26 or 27 shall contain the same particulars as are appropriate in the case of goods vehicle test certificates and notices of the refusal of a goods vehicle test certificate mentioned in regulation 23 and shall be signed in the same manner as is provided in regulation 23.

Appeals

29.—(1) Any person aggrieved by a determination made on a periodical test of a vehicle, or on a consequent re-test of a vehicle, by the person in charge of that test may appeal to the area engineer for the traffic area in which that determination was made, and any person aggrieved by the determination of the area engineer under this regulation may appeal to the Secretary of State.

(2) Paragraphs (2) to (11) of regulation 25 apply in relation to any appeal under paragraph (1) as they apply in relation to an appeal under regulation 25 relating to a determination made on a goods vehicle test, but for the purposes of such application each reference in regulation 25 to a plating certificate shall be treated as being omitted.