The Motor Vehicles (Approval) (Fees) (Amendment) Regulations 2008

Statutory Instruments

2008 No. 1443

Road Traffic

The Motor Vehicles (Approval) (Fees) (Amendment) Regulations 2008

Made

5th June 2008

Laid before Parliament

12th June 2008

Coming into force

13th July 2008

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by section 61(1) and (2) of the Road Traffic Act 1988(1), and by virtue of the Department of Transport (Fees) Order 1988(2) and section 128 of the Finance Act 1990(3).

In accordance with section 195(2) of the Road Traffic Act 1988 she has consulted with such representative organisations as she thinks fit.

Citation and commencement E+W+S

1.  These Regulations may be cited as the Motor Vehicles (Approval) (Fees) (Amendment) Regulations 2008 and shall come into force on 13th July 2008.

Commencement Information

I1 Reg. 1 in force at 13.7.2008, see reg. 1

Preliminary E+W+S

2.  The Motor Vehicles (Approval) (Fees) Regulations 2001(4) shall be amended as follows.

Commencement Information

I2 Reg. 2 in force at 13.7.2008, see reg. 1

Increase in fees E+W+S

3.  In the regulations specified in column (1) of the Table below, for each fee specified in column (2) substitute the fee specified in column (3).

Table

(1)	(2)	(3)
Regulation	Existing fee (£)	Substituted fee (3)
4(1)(a)	158	190
4(1)(b)	63	76
4(1)(c)	200	240
4(1)(d)	190	228
4(1)(e)	106	127
4(1)(f)	95	114
4(2)(a)	63	76
4(2)(b)	106	127
4(2)(c)	95	114
4(3)(a)(i)	79	95
4(3)(a)(ii)	26	31
4(3)(b)	21	25
4(4)	53	64
5(1)(a)	32	38
5(1)(b)	16	19
5(2)(a)	16	19
5(2)(b)	6	7
9	11	12

Commencement Information

I3 Reg. 3 in force at 13.7.2008, see reg. 1

Amendment of regulation 4 (fees - application for Minister’s approval certificate) E+W+S

4.—(1) Regulation 4 shall be amended as follows.

(2) In paragraph (1)—

(a) omit the word “and” immediately after sub-paragraph (e); and

(b) at the end of sub-paragraph (f) insert—

“; and

(g) £38 in the case of any new vehicle which satisfies the conditions of regulation 5(8)(b) of the Approval Regulations.”.

(3) In paragraph (3)—

(a) in sub-paragraph (a), for “paragraph (1)” substitute “paragraph (1)(a) to (f)”, and

(b) in sub-paragraph (b), for “paragraph” substitute “paragraphs (1)(g),”.

(4) After paragraph (4), add—

“(5) In this regulation “new vehicle” means a new passenger vehicle or new goods vehicle where the recorded distance travelled, including that before any change of odometer, is considered to be a maximum of 3,000 kilometres or 1,865 miles.”.

Commencement Information

I4 Reg. 4 in force at 13.7.2008, see reg. 1

Signed by authority of the Secretary of State

Jim Fitzpatrick

Parliamentary Under Secretary of State

Department for Transport

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (Approval) (Fees) Regulations 2001 (“the 2001 Regulations”). Those Regulations prescribe the fees payable in connection with applications and appeals under the Motor Vehicles (Approval) Regulations 2001 (“the Approval Regulations”). The Approval Regulations allow single vehicles to be approved before they enter into service in terms of their design, construction, equipment and marking.

Regulation 3 increases the fees prescribed by the 2001 Regulations. The increased fees for passenger vehicles are set out in Table 1 below (with the percentage increase since the fees were last fixed shown in brackets).

Table 1

Passenger vehicles

Nature of service	Existing fee (£)	Substituted fee (£)
An application for the basic single vehicle approval (“SVA”) test.	158	190 (20.3%)
An application for the enhanced SVA test with a model report.	200	240 (20%)
An application for the enhanced SVA test without a model report.	190	228 (20%)
An application for a certificate issued following inspection by another EEA State (basic SVA).	63	76 (20.6%)
An application for a certificate issued following inspection by another EEA State (enhanced SVA test with a model report).	106	127 (19.8%)
An application for a certificate issued following inspection by another EEA State (enhanced SVA test without a model report).	95	114 (20%)
Out of hours supplement for the basic and enhanced SVA test.	79	95 (20.3%)
Out of hours supplement for an enhanced SVA test with or without a model report (where the certificate is issued following inspection by another EEA State).	21	25 (19%)
An application for single vehicle approval which is refused by virtue of regulation 10 of the Approval Regulations.	53	64 (20.8%)
Further application for basic and enhanced SVA test.	32	38 (18.8%)
Out of hours test supplement for further application for basic and enhanced SVA test where the original application is refused other than by virtue of regulation 10 of the Approval Regulations.	16	19 (18.8%)
Replacement Minister’s approval certificate.	11	12 (9.1%)

The increased fees for goods vehicles are set out in Table 2 below (with the percentage increase since the fees were last fixed shown in brackets).

Table 2

Goods vehicles

Nature of fee	Existing fee (£)	Substituted fee (£)
An application for the basic single vehicle approval (“SVA”) test.	63	76 (20.6%)
An application for the enhanced SVA test with a model report.	106	127 (19.8%)
An application for the enhanced SVA test without a model report.	95	114 (20%)
An application for a certificate issued following inspection by another EEA State (basic SVA).	63	76 (20.6%)
An application for a certificate issued following inspection by another EEA State (enhanced SVA test with a model report).	106	127 (19.8%)
Certificate issued following inspection by another EEA State (enhanced SVA test without a model report).	95	114 (20%)
Out of hours supplement for the basic and enhanced SVA test.	26	31 (19.2%)
Out of hours supplement for an enhanced SVA test with or without a model report (where the certificate is issued following inspection by another EEA State).	21	25 (19%)
An application for single vehicle approval which is refused by virtue of regulation 10 of the Approval Regulations.	53	64 (20.8%)
Further application for basic and enhanced SVA test.	16	19 (18.8%)
Out of hours test supplement for further application for basic and enhanced SVA test where the original application is refused other than by virtue of regulation 10 of the Approval Regulations.	6	7 (16.7%)
Replacement Minister’s approval certificate.	11	12 (9.1%)

In the case of the vehicles mentioned above, the fee payable on an appeal against the refusal of an application for a Minister’s approval certificate is the same amount as the appropriate fee payable under regulation 4 (regulation 7). These fees are increased accordingly.

Regulation 4 inserts new paragraphs (1)(g) and (5) into regulation 4 of the 2001 Regulations. New paragraph (1)(g) provides for a new fee so as to allow the approval of new passenger vehicles or new goods vehicles under the Approval Regulations where those vehicles respectively satisfy the requirements of the 1984 or 1982 Regulations. New paragraph (5) defines a new vehicle as being a passenger or goods vehicle where the recorded distance travelled, including that before any change of odometer, is considered to be a maximum of 3,000 kilometres or 1,865 miles.

An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the VOSA Corporate Office, Berkeley House, Croydon Street, Bristol BS5 0DA (telephone number: 0117 954 3200). A copy has been placed in the library of each House of Parliament. The impact assessment is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website www.opsi.gov.uk.

(1)

1988 c. 52; section 61 was amended by Schedule 8 to the Road Traffic Act 1991 (c. 40).

(2)

S.I. 1988/643, which was made under section 102 of the Finance (No. 2) Act 1987 (c. 51). Relevant amending instruments are S.I. 1995/1684 and 1996/1961. The relevant entry in S.I. 1988/643 is Schedule 1, Table III, item 4.

(3)

1990 c. 29.

(4)

S.I. 2001/2486, amended by S.I. 2007/495.