The Goods Vehicles (Plating and Testing) (Amendment) Regulations 2009

Statutory Instruments

2009 No. 799

Road Traffic

The Goods Vehicles (Plating and Testing) (Amendment) Regulations 2009

Made

25th March 2009

Laid before Parliament

30th March 2009

Coming into force

20th April 2009

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by sections 49, 51(1) and 63A of the Road Traffic Act 1988(1) and by virtue of the Department for Transport (Fees) Order 2009(2).

In accordance with section 195(2) of that Act he has consulted with such representative organisations as he thinks fit.

Citation and commencement

1.  These Regulations may be cited as the Goods Vehicles (Plating and Testing) (Amendment) Regulations 2009 and shall come into force on 20th April 2009.

Preliminary

2.  The Goods Vehicles (Plating and Testing) Regulations 1988(3) shall be amended as follows.

Amendments to regulation 12 (manner of making application for first examinations or periodical tests, and fees)

3.—(1) In regulation 12—

(a) in paragraph (3), for the Table substitute—

“Table

Description of vehicle	Fee where first examination or periodical test is carried out at a vehicle testing station provided by the Secretary of State (£)	Fee where the vehicle testing station appointed for the first examination or periodical test is, at the applicant’s request, not one provided by the Secretary of State under section 52(2) of the 1988 Act (£)
Motor vehicle with 2 axles	75.00	82.00
Motor vehicle with 3 axles	99.00	106.00
Motor vehicle with 4 or more axles	124.00	131.00
Trailer with 1 axle	35.00	39.00
Trailer with 2 axles	49.00	53.00
Trailer with 3 or more axles	60.00	64.00”

(b) in paragraph (4), for “Subject to paragraph (4A), where”, substitute “Where”;

(c) omit paragraph (4A); and

(d) in paragraph (5), for “paragraph (4) or (4A)”, substitute “the first examination or periodical test being, at the applicant’s request, out of hours or taking place at a vehicle testing station which is not one provided by the Secretary of State,”.

Amendments to regulation 16 (fees for re-tests)

4.—(1) In regulation 16—

(a) in paragraph (1), omit “,(4A)” and for the Table substitute—

“Table

Description of vehicle	Fee where re-test is carried out at a vehicle testing station provided by the Secretary of State (£)	Fee where the vehicle testing station appointed for the re-test is, at the applicant’s request, not one provided by the Secretary of State under section 52(2) of the 1988 Act (£)
Motor vehicle with 2 axles	37.00	41.00
Motor vehicle with 3 axles	52.00	56.00
Motor vehicle with 4 or more axles	69.00	73.00
Trailer with 1 axle	19.00	21.00
Trailer with 2 axles	26.00	28.00
Trailer with 3 or more axles	35.00	37.00”

(b) for paragraph (2), substitute—

“(2) Subject to paragraphs (3) and (5), in circumstances other than those described in paragraph (1), the fee for a re-test under regulation 15 shall be the fee determined in accordance with the Table in regulation 12 by reference to the description of vehicle, as if the re-test was a first examination or periodical test.”;

(c) in paragraph (3), omit “,(4A)”;

(d) in paragraph (4), for “Subject to paragraph (4A), where”, substitute “Where”;

(e) omit paragraph (4A);

(f) in paragraph (5), for “Subject to paragraph (5A), where”, substitute “Where”;

(g) omit paragraph (5A); and

(h) in paragraph (6), for “paragraphs (1), (3), (4) and (4A)”, substitute “paragraphs (1), (3) and (4)”.

Amendments to regulation 34 (fee for re-examination)

5.  In regulation 34, for paragraph (2A), substitute—

“(2A) Where the vehicle testing station appointed for re-examination under regulation 33 is, at the applicant’s request, not one provided by the Secretary of State under section 52(2) of the 1988 Act, the fee in respect of the re-examination shall be £30 in the case of a motor vehicle and £28 in the case of a trailer.”.

Further amendments relating to fees

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

Table

(1)	(2)	(3)
Regulation	Existing Amount (£)	Substituted Amount (£)
12(4)	35.00	38.00
	22.00	24.00
16(4)	18.00	20.00
	12.00	13.00
16(5)	35.00	38.00
	22.00	24.00
16(6)	12.00	13.00
	6.00	7.00
25(4)	27.00	29.00
34(1)	24.00	26.00
34(2)	12.00	13.00
37B(2)	24.00	26.00
41(1)	12.00	13.00

Signed by authority of the Secretary of State

Jim Fitzpatrick

Parliamentary Under Secretary of State

Department for Transport

25th March 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Goods Vehicles (Plating and Testing) Regulations 1988 (“the 1988 Regulations”). Regulations 3, 4, 5 and 6 amend the fees prescribed by the 1988 Regulations.

Regulation 3 changes the fee payable on an application for a first examination or periodical test as shown in Table 1 (with the percentage increase shown in brackets).

Table 1

Description of vehicle	Old Fee (£)	New Fee (£)
Motor vehicle with 2 axles	51.00	75.00(47.1%)
Motor vehicle with 3 axles	73.00	99.00(35.6%)
Motor vehicle with 4 or more axles	96.00	124.00(29.2%)
Trailer with 1 axle	25.00	35.00(40.0%)
Trailer with 2 axles	38.00	49.00(28.9%)
Trailer with 3 or more axles	48.00	60.00(25.0%)

Regulation 12(4A) (supplement payable where the vehicle testing station appointed for an examination or test is, at the applicant’s request, not one provided by the Secretary of State) is omitted and the sum of the fee plus the supplement payable in such circumstances in respect of each category of vehicle is set out in column 3 of the table in regulation 12(1) (regulation 3). The supplement is decreased by 46.2% from £13 to £7 in the case of a motor vehicle and by 42.9% from £7 to £4 in the case of a trailer (regulation 3). The overall increase to the sum of the fee plus supplement (with the percentage increase shown in brackets) is shown in Table 2.

Table 2

Description of vehicle	Old Fee (£)	New Fee (£)
Motor vehicle with 2 axles	64.00	82.00(28.1%)
Motor vehicle with 3 axles	86.00	106.00(23.3%)
Motor vehicle with 4 or more axles	109.00	131.00(20.2%)
Trailer with 1 axle	32.00	39.00(21.9%)
Trailer with 2 axles	45.00	53.00(17.8%)
Trailer with 3 or more axles	55.00	64.00(16.4%)

Where the appointment for such an examination or test is, at the applicant’s request, “out of hours”, the supplement to the normal fee is increased by 8.6% from £35 to £38 in the case of a motor vehicle and by 9.1% from £22 to £24 in the case of a trailer (regulation 12(4) of the 1988 Regulations) (regulation 6).

Regulation 4 changes the fee payable on an application for a re-test or further re-test carried out within 14 days after the vehicle was submitted for its first examination, periodic test or previous re-test (regulation 16(1) and (3) of the 1988 Regulations) (regulation 4). The new fees are shown in Table 3 below (with the percentage increase shown in brackets).

Table 3

Description of vehicle	Old Fee (£)	New Fee (£)
Motor vehicle with 2 axles	34.00	37.00(8.8%)
Motor vehicle with 3 axles	48.00	52.00(8.3%)
Motor vehicle with 4 or more axles	63.00	69.00(9.5%)
Trailer with 1 axle	17.00	19.00(11.8%)
Trailer with 2 axles	24.00	26.00(8.3%)
Trailer with 3 or more axles	32.00	35.00(9.4%)

Regulation 16(4A) (supplement payable where the vehicle testing station appointed for a re-test is, at the applicant’s request, not one provided by the Secretary of State) is omitted and the sum of the fee plus the supplement payable in such circumstances in respect of each category of vehicle is set out in column 3 of the table in regulation 16(1) (regulation 4). The supplement is decreased by 46.2% from £13 to £7 in the case of a motor vehicle and by 42.9% from £7 to £4 in the case of a trailer (regulation 4). The overall change in the sum of the fee plus supplement (with the percentage increase/decrease shown in brackets) is shown in Table 4.

Table 4

Description of vehicle	Old Fee (£)	New Fee (£)
Motor vehicle with 2 axles	42.00	41.00(-2.4%)
Motor vehicle with 3 axles	56.00	56.00(0.0%)
Motor vehicle with 4 or more axles	71.00	73.00(2.8%)
Trailer with 1 axle	21.00	21.00(0.0%)
Trailer with 2 axles	28.00	28.00(0.0%)
Trailer with 3 or more axles	36.00	37.00(2.8%)

Where the appointment for a re-test or further re-test within 14 days is, at the applicant’s request “out of hours”, the supplement to the normal fee is increased by 11.1% from £18 to £20 in the case of a motor vehicle and by 8.3% from £12 to £13 in the case of a trailer (regulation 16(4) of the 1988 Regulations) (regulation 4).

Where the appointment for a re-test or further re-test not within 14 days is, at the applicant’s request, “out of hours”, the supplement to the normal fee is increased by 8.6% from £35 to £38 in the case of a motor vehicle and by 9.1% from £22 to £24 in the case of a trailer (regulation 16(5) of the 1988 Regulations) (regulation 4). Regulation 16(5A) (supplement payable where the vehicle testing station appointed for a re-test or further re-test not within 14 days is, at the applicant’s request, not one provided by the Secretary of State) is omitted. The sum of the fee plus supplement payable in such circumstances in respect of each category of vehicle is set out in column 3 of the new table inserted in regulation 12(1). Regulation 16(2) is amended to reflect this (regulation 4). Where a re-test is carried out in the circumstances specified in regulation 16(6) of the 1988 Regulations the fee is increased by 8.3% from £12 to £13 in the case of a motor vehicle and by 16.7% from £6 to £7 in the case of a trailer (regulation 4).

The fee payable on an appeal in respect of a determination made on a first examination, or on a consequent re-test of a vehicle is increased by 7.4% from £27 to £29 (regulation 25(4) of the 1988 Regulations) (regulation 6).

The fee payable on a request for an amendment to a plating certificate following a notifiable alteration or for a re-examination where a particular contained in a plating certificate is or may be no longer applicable is increased by 8.3% from £24 to £26 (regulation 34(1) of the 1988 Regulations) (regulation 6). Where an appointment for a re-examination following a notifiable alteration or with a view to amendment of a plating certificate is, at the applicant’s request, “out of hours”, the supplement is increased by 8.3% from £12 to £13 (regulation 34(2) of the 1988 Regulations) (regulation 6). Where the vehicle testing station appointed for such a re-examination is, at the applicant’s request, not one provided by the Secretary of State, the supplement or, in a case which is “out of hours”, further supplement is decreased by 50.0% from £8 to £4 in the case of a motor vehicle and by 50.0% from £4 to £2 in the case of a trailer (regulation 34(2A) of the 1988 Regulations). Regulation 34(2A) is amended to give the sum of the fee plus the supplement payable in relation to motor vehicles and trailers in such circumstances. The sum of the fee plus supplement payable in such circumstances is decreased by 6.3% from £32 to £30 in the case of a motor vehicle and the sum of the fee plus supplement payable in the case of a trailer is unchanged (regulation 34(2A) of the 1988 Regulations) (regulation 6).

The fee payable for the alteration of the plated weights (or any of the plated weights) for a vehicle without an examination is increased by 8.3% from £24 to £26 (regulation 37B(2) of the 1988 Regulations) (regulation 6). The fee payable for replacements of Ministry plates, plating certificates, goods vehicle test certificates or Ministry test date discs is increased by 8.3% from £12 to £13 (regulation 41 of the 1988 Regulations) (regulation 6).

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: [phone]). 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; sections 49 and 51 were amended by the Road Traffic Act 1991 (c.41), Schedule 4, paragraph 54 and Schedule 8. Section 63A was inserted by the Transport Act 1982 (c. 49), section 18.

(2)

S.I. 2009/711. The relevant provisions in S.I. 2009/711 are article 5 and paragraphs 28 to 35 of Schedule 1, together with article 9 and Schedule 2.

(3)

S.I. 1988/1478; relevant amending instruments are S.I. 1989/1693, 1990/448, 1991/454, 1992/564 and 2447, 1993/2048 and 3013, 1997/82 and 263, 1998/1671, 2000/1433, 2001/1650, 2002/487, 2003/1816, 2004/1873, 2005/2343, 2007/503 and 2008/1460.