The Goods Vehicles (Plating and Testing) (Amendment) Regulations 1993

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Goods Vehicles (Plating and Testing) Regulations 1988.

Regulation 8 of the 1988 Regulations specifies circumstances in which an examiner is under no obligation to accept a vehicle for examination or to proceed with an examination. The regulation is amended so that an examiner will not be under an obligation to accept a vehicle for examination if it or any motor vehicle accompanying it emits substantial quantities of avoidable smoke (regulation 4).

Regulations 15 and 16 of the 1988 Regulations make provision for the fee for a re-test to be less than the fee for a first examination or periodical test in some circumstances and free in some other circumstances. However, previously the concession was not generally available unless the vehicle was submitted to the testing station which had carried out the first examination or periodical test. This limitation has now been removed (regulations 5 and 6).

Schedule 3 to the 1988 Regulations is replaced (regulation 12 and the Schedule). Schedule 3 sets out the prescribed construction and use requirements. Some minor changes are made. Some of these changes are made in consequence of the Road Traffic Act 1991 and others are made in consequence of the re-enactment of subordinate legislation. There, however, are some changes of substance.

As a result of Schedule 3 to the 1988 Regulations being replaced, regulations 36, 36B and 70B of the Road Vehicles (Construction and Use) Regulations 1986 become prescribed statutory requirements. Regulation 36 specifies requirements relating to the maintenance of speedometers. Regulations 36B and 70B require certain goods vehicles to be fitted with speed limiters and to have a plate in the cab giving certain particulars relating to the limiter fitted to the vehicle.

Also as a result of Schedule 3 to the 1988 Regulations being replaced, the prescribed construction and use requirements now include provisions in the Road Vehicles (Lighting) Regulations 1989 relating to front retro-reflectors on trailers, hazard warning signal devices, front position lamps on trailers and rear registration plate lamps.

These Regulations also make amendments as a consequence of paragraph 55 of Schedule 4 to the Road Traffic Act 1991. That paragraph amended section 50 of the Road Traffic Act 1988. Section 50 originally contained provisions for certain appeals to be made to the area mechanical engineer with a further appeal to the Secretary of State. The right of appeal to the area mechanical engineer has been abolished and appeals now lie direct to the Secretary of State (regulations 7, 9 and 10).

These Regulations make other minor consequential amendments.