The International Carriage of Dangerous Goods by Road (Fees) Regulations 1988

Citation and commencement

1.  These Regulations may be cited as the International Carriage of Dangerous Goods by Road (Fees) Regulations 1988 which shall come into force on 1st April 1988.

Interpretation

2.  In these Regulations—

(a) “ADR certificate” means a special certificate of approval issued for a vehicle following inspection of the vehicle in pursuance of marginal 10 282 of Annex B to the European Agreement Concerning the International Carriage of Dangerous Goods by Road of the 30th September 1957 (ADR), as amended, and references to an inspection of a vehicle or the issue of a certificate or a copy thereof are references to such an inspection, or issue of a certificate or copy, by the Secretary of State for Transport.

(b) “the 1982 Regulations” means the Goods Vehicles (Plating and Testing) Regulations 1982(1).

(c) “exceptional circumstances” means an accident, a fire, an epidemic, severe weather, a failure in the supply of essential services or other unexpected happening (excluding a breakdown or mechanical defect in a vehicle or non-delivery of spare parts therefor).

Fees

3.  Subject to regulations 4(2) and 5(2), the fees for the provision of inspection facilities including the carrying out of an inspection) and the administrative work carried out upon receipt of an application for an ADR certificate in respect of a vehicle shall be—

(a) £95 where the application is accompanied by a request in writing for the inspection to be carried out on the same day as an examination of the vehicle under the 1982 Regulations and—

(i) the fee payable under those Regulations in respect of that examination has already been paid, or

(ii) that fee accompanies the application;

or

(b) in any other case, £95 together with an amount equal to the fee required under regulation 12(3) of the 1982 Regulations to accompany an application for examination of the vehicle under those Regulations.

4.—(1) Subject to paragraph (2) below, where a vehicle fails to pass an inspection carried out in respect of an application for an ADR certificate, an application for a further inspection shall be treated for the purpose of these Regulations as a separate application for an ADR certificate.

(2) Where a vehicle fails to pass an inspection and within 14 days thereafter arrangements are made for a further inspection to be carried within that period, paragraph (1) shall not apply but a further fee of £47.50 shall be payable in respect of such arrangements.

5.—(1) Subject to regulation 8, the fees payable under regulations 3 and 4 in relation to an application for an ADR Certificate shall be payable notwithstanding that the vehicle is not submitted for an inspection at the time arranged for the inspection or the inspection is not carried out for any of the reasons specified in the Schedule to these Regulations, but if the inspection is not carried out for any other reason any sum tendered under regulation 7 in relation to the application shall be returned.

(2) Notwithstanding anything in sub-paragraph (b) of regulation 3 but subject to regulation 4(2), where the inspection of a vehicle is in fact carried out on the same day as an examination of the vehicle under the 1982 Regulations the fee payable in relation to an application for an ADR certificate shall be £95.00 and the balance of any sum tendered under regulation 7 in relation to that application shall be returned.

6.  The fee for the issue of a copy of an ADR certificate which has been lost or destroyed shall be £5.50.

Payment

7.—(1) An application made to the Secretary of State for Transport for a ADR certificate shall be accompanied by the appropriate fee determined in accordance with regulation 3.

(2) The fee payable under regulation 4(2) in respect of arrangements for a further inspection of a vehicle shall be paid on or before the date arranged for such further inspection.

Cancellation of appointments

8.—(1) This regulation applies to a person who has made an application for an ADR certificate in respect of a vehicle and who—

(a) has not less than 7 days before the day arranged for the carrying out of the inspection given the Secretary of State for Transport notice (whether in writing or otherwise) at the vehicle testing station at which the inspection has been arranged that he does not propose to submit the vehicle for inspection on that day; or

(b) satisfies the Secretary of State for Transport that the vehicle cannot be, or as the case may be, could not have been submitted for the inspection on the day or at the time arranged for the inspection because of exceptional circumstances occurring not more than 7 days before the said time and of which the person gives notice to the Secretary of State for Transport (whether in writing or otherwise) within 3 days of the occurrence of those circumstances.

(2) If a person to whom this regulation applies makes an application in writing to the Secretary of State for Transport to the vehicle testing station at which the inspection had been arranged either at the time of the notice given under paragraph (1) above or within 28 days of the date thereof, for another inspection in relation to that vehicle to be carried out within 3 months of the date of his application under this paragraph, then the fee payable in respect of the application for the ADR certificate shall be the same as if the arrangements for the original inspection date had not been made.

(3) If a person to whom this regulation applies does not make an application for another inspection in accordance with paragraph (2) above, the fee payable by him in respect of the application for the ADR certificate shall be £1.50 and the balance of any sum tendered under regulation 7 shall be returned.

Trailers

9.  Where an application is made for a single ADR certificate for a motor vehicle and trailer, the fees payable under these Regulations shall be calculated as if applications had been made for separate ADR certificates for the motor vehicle and the trailer respectively.

Disposal of fees

10.  All fees received and not refunded under these Regulations shall be paid into the Consolidated Fund.

Savings

11.  Nothing in these Regulations shall effect a person’s liability to pay any fee under the 1982 Regulations.

Revocation

12.  The International Carriage of Dangerous Goods by Road (Fees) Regulations 1986(2) are hereby revoked.

Signed by authority of the Secretary of State

Peter Bottomley

Parliamentary Under Secretary of State,

Department of Transport

29th February 1988

We consent to the making of these Regulations

Mark Lennox-Boyd

David Lightbown

Two of the Lords Commissioners of Her Majesty’s Treasury

2nd March 1988