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2.—(1) Regulation 20 of the Motor Vehicles (Tests) Regulations 1981(1) shall be amended as follows.
(2) For paragraph (3), there shall be substituted—
“(3) Where, on an examination of a vehicle other than a vehicle in Class VI or VIA, it is found that some or all of the prescribed statutory requirements are not complied with or where, in the circumstances mentioned in regulation 16, a full examination of the braking system or systems of the vehicle is not carried out then—
(a)if the vehicle is left at the vehicle testing station at which the examination took place so that the defects which have been revealed can be repaired, no fee shall be payable in respect of a re-examination carried out there on the completion of those repairs, provided that the re-examination is carried out before the expiration of a period of 10 days starting on the day after the day of the initial examination; and
(b)if there has been no change to the authorised examiner at the vehicle testing station between those examinations.
(3ZA) Where, on an examination of a vehicle other than a vehicle in Class VI or VIA, it is found that some or all of the prescribed statutory requirements are not complied with or where, in the circumstances mentioned in regulation 16, a full examination of the braking system or systems of the vehicle is not carried out then—
(a)if the vehicle is returned to the vehicle testing station at which the examination took place and a re-examination is carried out before the expiration of a period of 10 days starting on the day after the day of the initial examination, the fee payable shall be a maximum of one-half of the fee otherwise chargeable; and
(b)if there has been no change to the authorised examiner at the vehicle testing station between those examinations.”.
(3) In paragraph (3A), the words “IVA, VA,” shall be omitted.
(4) At the end of paragraph (3A)(a), there shall be added “, provided that there has been no change to the authorised examiner at the vehicle testing station between those examinations”.
(5) In paragraph (3A)(b)—
(a)the words “anti-lock braking system warning device” and “emissions” shall be omitted; and
(b)for “lamps;” there shall be substituted “lamps (other than headlamp aim);”.
(6) For paragraphs (3B) and (3C), there shall be substituted—
“(3B) Subject to paragraph (3C), where, on an examination of a vehicle in Class IVA or VA, it is found that some or all of the prescribed statutory requirements, other than those referred to in item 28A in paragraph 3A of Schedule 2, are not complied with, then provided that—
(a)the vehicle is re-examined at the same testing station where it failed the examination; and
(b)there has been no change to the authorised examiner at the vehicle testing station since that examination,
the fee payable for the re-examination shall be calculated as if the vehicle was in Class IV or V respectively.
(3C) Where, on the re-examination of a vehicle in Class IVA or VA, it is found that some or all of the prescribed statutory requirements, other than those referred to in item 28A in paragraph 3A of Schedule 2, are not complied with, if the vehicle is re-examined in the circumstances referred to in paragraph (3ZA), the fee payable for the re-examination shall be a maximum of one-half of the fee chargeable for a Class IV or V vehicle respectively.”.
S.I. 1981/1694; relevant amending instruments are S.I. 1991/1525, 1992/3160, 1995/2438, 1998/1672, 2001/3330 and 2003/1113.
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