The Goods Vehicles (Plating and Testing) Regulations 1988

Appeals

37.—(1) Any person aggrieved by a determination made on a re-examination of a vehicle under this Part of these Regulations 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 (9) of regulation 25 shall apply in relation to an appeal under paragraph (1) as they apply to an appeal under regulation 25, but for the purposes of such application paragraph (8) of that regulation shall have effect as if the references therein to a plating certificate were references to any plating certificate relevant to the appeal under this regulation.

(3) On completion of the re-examination of the vehicle for the purpose of the appeal, the area engineer or, as the case may be, the Secretary of State, shall make such determination in the matter as he thinks fit and may issue a different plating certificate upon the surrender of any plating certificate previously issued for the vehicle.

(4) Any different plating certificate issued under paragraph (3) shall—

(a) be signed by the area engineer who carried out the re-examination or, as the case may be, on behalf of the Secretary of State by an officer appointed by him for the purpose; and

(b) contain—

(i) the same particulars as are appropriate in the case of a plating certificate issued under regulation 21 subject to such modifications as may be appropriate and subject to the certificate showing particulars of the plated weights determined for that vehicle by the area engineer who carried out the re-examination or, as the case may be, by the Secretary of State in a case where such plated weight is so determined;

(ii) where the vehicle is one of a make, model and type and otherwise one to which the standard lists apply and any such plated weight so determined is less than the equivalent weight shown as a design weight in such lists, particulars of that equivalent weight; and

(iii) where any such plated weight so determined is less than the weight that would have been otherwise determined under regulation 20 but for paragraph (g) of that regulation, particulars of the last mentioned weight which shall be shown as a design weight.