Goods Vehicles (Testing) (Amendment) Regulations (Northern Ireland) 2001

Statutory Rules of Northern Ireland

2001 No. 365

ROAD TRAFFIC AND VEHICLES

Goods Vehicles (Testing) (Amendment) Regulations (Northern Ireland) 2001

Made

4th October 2001

Coming into operation

1st December 2001

The Department of Environment, in exercise of the powers conferred on it by Articles 65(1) and (2), 66(3), 67(1) and 110(2) of the Road Traffic (Northern Ireland) Order 1995(1) and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Goods Vehicles (Testing) (Amendment) Regulations (Northern Ireland) 2001.

(2) These Regulations shall come into operation—

(a) for the purposes of regulations 2, 3, 4 and 8, on 1st February 2002; and

(b) for all other purposes on 1st December 2001.

(3) In these Regulations “the principal Regulations” means the Goods Vehicles Testing Regulations (Northern Ireland) 1995(2).

Amendment of regulation 10 (manner of making application for first tests or periodical tests, and fees)

2.  For Regulation 10(2) of the principal Regulations there shall be substituted—

“(2) Every person making an application under paragraph (1) shall provide such particulars as the Department may reasonably require and the appropriate fee as determined in accordance with Part I of Schedule 1.”.

Amendment of regulation 12 (notice of place and time of first tests or periodical tests)

3.  For regulation 12 of the principal Regulations there shall be substituted—

“12.   As soon as reasonably practicable after the date of the receipt of an application for a first test or periodical test and the appropriate fee for that test the Department shall issue notice to the applicant of the vehicle testing centre at which the test is to take place, and the date and time reserved by the Department for that test.”.

Amendment of regulation 13 (application for re-tests following first tests or periodical tests)

4.  In regulation 13(2) of the principal Regulations the words “on a form issued by the Department” shall be omitted.

Amendment of regulation 16 (form of test certificates and notices of refusal)

5.  In regulation 16 of the principal Regulations—

(a) in paragraph (1) after the words “Schedule 4”, there shall be inserted “or Schedule 4A”; and

(b) for paragraph (2) there shall be substituted—

“(2) Notices of refusal of a goods vehicle test certificate issued under regulation 14 or 15 shall—

(a) contain—

(i) the date on which it was issued;

(ii) details of the vehicle testing centre at which it was issued;

(iii) in the case of a notice issued for a motor vehicle, the registration mark (if any) exhibited on the vehicle or, if no such mark is so exhibited, the chassis or serial number marked on the vehicle;

(iv) in the case of a notice issued for a trailer, the identification mark which shall be allotted to the trailer by the Department in the notice of appointment (if any); and

(b) state the grounds of such refusal.”.

Amendment of regulation 17 (appeals)

6.  For regulation 17(9) of the principal Regulations there shall be substituted—

“(9) Goods vehicle test certificates issued under the foregoing provisions of this regulation shall be signed by the vehicle examiner and shall contain the same particulars as are appropriate to the goods vehicles test certificates mentioned in regulation 16(1) and subject to such modifications as may be appropriate.

(10) Notices of refusal of a goods vehicle test certificate issued under the foregoing provisions of this regulation shall contain the same particulars as are appropriate to notices of refusal of a goods vehicle test certificate mentioned in regulation 16(2) and subject to such modifications as may be appropriate.”.

Amendment of regulation 18 (general provisions as to repayment of fees)

7.  In regulation 18 of the principal Regulations, for paragraph (1)(b) there shall be substituted—

“(b) if the person for whom the appointment is made gives to the Department, notice cancelling the appointment of not less than one clear day before the date of the appointment;”.

Amendment of regulation 20 (replacement of certificates)

8.  In regulation 20(1) of the principal Regulations the words “in writing” shall be omitted.

Amendment to form of goods vehicle test certificate

9.  After Schedule 4 to the principal Regulations there shall be inserted the Schedule set out in the Schedule to these Regulations.

Sealed with the Official Seal of the Department of the Environment on 4th October 2001.

L.S.

Sam Foster

Minister of the Environment

Regulation 9

SCHEDULE

Regulation 16(1)

“SCHEDULE 4A Form of Goods Vehicle Test Certificate

Part 1 Road Traffic (Northern Ireland) Order 1995 Goods Vehicle Test Certificate

Part 2

”

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Goods Vehicles (Testing) Regulations (Northern Ireland) 1995 as follows—

(1) With effect from 1st December 2001—

(a) Regulation 16 is amended to remove the requirement for a notice of refusal to be signed by a vehicle examiner. A new Schedule 4A is inserted, which provides an alternative form for the goods vehicle certificate (regulation 5).

(b) Regulation 18 provides for the repayment of goods vehicle test fees where notice of cancellation of a test appointment is given. These Regulations reduce the notice required to one clear day, not inclusive of the day of appointment (regulation 7).

(2) With effect from 1st February 2002—

(a) Regulation 10(2) is amended to enable an applicant to apply for an examination without completing a form (regulation 2).

(b) Regulation 12 is amended to remove the requirement that the Department shall notify the applicant of the date and time of the test appointment in writing (regulation 3).

(c) Regulation 13(2) is amended to enable an applicant to apply for a re-test without completing a form (regulation 4).

(d) Regulation 20(1) is amended to enable an applicant to apply for a duplicate certificate without completing a form (regulation 8).

(1)

S.I. 1995/2994 (N.I. 18); see Article 2(2) for the definition of “the Department” and “prescribed”

(2)

S.R. 1995 No. 450; to which there are amendments not relevant to these Regulations