Motor Vehicle Testing Regulations (Northern Ireland) 2003

Classification of vehicles and application of Regulations

5.—(1) For the purposes of these Regulations motor vehicles to which they apply are classified as follows –

• Class I: Light motor bicycles.

• Class II: Motor bicycles.

• Class III: Light motor vehicles other than motor bicycles.

• Class IV: Motor cars and heavy motor cars;

  (a)

  Motor cars and heavy motor cars not being vehicles within Classes III, V, VA, VI or VIA;

  (b)

  Break-down vehicles;

  (c)

  Road construction vehicles;

  (d)

  Tower wagons; and

  (e)

  Dual-purpose vehicles.

• Class V: Motor vehicles not being vehicles within Class VA, VI or VIA which are –

  (a)

  Large passenger-carrying vehicles;

  (b)

  Ambulances with more than 16 seats in addition to the driver; and

  (c)

  Play buses.

• Class VA: Motor vehicles, other than vehicles to which paragraph (3) applies, which are –

  (a)

  Large passenger-carrying vehicles;

  (b)

  Ambulances with more than 16 seats in addition to the driver; and

  (c)

  Play buses;

  in respect of which any forward-facing seat is fitted with a relevant seat belt.

• Class VI: Motor vehicles which are –

  (a)

  Minibuses; and

  (b)

  Ambulances with more than 8 but not more than 16 seats in addition to the driver.

• Class VIA: Motor vehicles, other than vehicles to which paragraph (3) applies which are –

  (a)

  Minibuses; and

  (b)

  Ambulances with more than 8 but not more than 16 seats in addition to the driver;

  in respect of which any forward-facing seat is fitted with a relevant seat belt.

(2) Save as provided in regulation 6, these Regulations apply to every vehicle of a class specified in paragraph (1).

(3) This paragraph applies to vehicles, in respect of which –

(a) a public service vehicle licence which includes an examination of the relevant seat belts has been issued on or after 19th June 2000; or

(b) a test certificate which includes an examination of the relevant seat belts has been issued under section 45 of the Road Traffic Act 1988(1) on or after 1st August 1998; or

(c) a certificate of initial fitness which includes an examination of the relevant seat belts has been issued on or after 1st August 1998; or

(d) one or more forward-facing seats are fitted with a relevant seat belt, which, when so equipped, are of a type of vehicle in respect of which the Department is satisfied that the vehicle manufacturer holds –

(i) an approval issued by or on behalf of the approval authority of an EEA State confirming compliance with the installation requirements of Community Directives 77/541(2), 82/319(3), 90/628(4), or 96/36(5); and

(ii) either –

(A) an approval issued by or on behalf of the approval authority of an EEA State confirming compliance with the technical and installation requirements of Community Directives 76/115(6), 81/575(7), 82/318(8), 90/629(9), or 96/38(10); or

(B) an approval issued by or on behalf of the competent authority of a contracting State confirming compliance with the technical and installation requirements of ECE Regulation 14, 14.01, 14.02 or 14.03.

(4) In this regulation –

“approval authority” has the same meaning as in Community Directive 70/156(11);

“certificate of initial fitness” has the same meaning as in section 6 of the Public Passenger Vehicles Act 1981(12);

“contracting State” means a State which is a party to the International Agreement;

“EEA State” means a State which is a contracting party to the EEA Agreement;

“EEA Agreement” means the agreement on the European Economic Area signed at Oporto on 2nd May 1992(13) as adjusted by the Protocol signed at Brussels on 17th March 1993(14);

“ECE Regulation” and “Community Directive” have the meanings given by regulation 2(2) of the Construction and Use Regulations;

“the International Agreement” means the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 25th March 1958(15) as amended(16) to which the United Kingdom is a party(17); and

“relevant seat belt” means a seat belt, not being a disabled person’s belt or a child restraint, which –

(a)

is fitted to a forward-facing seat other than as required by regulation 55 of the Construction and Use Regulations; and

(b)

on or after 19th June 2000 either –

(i)

has not undergone an examination and been found to comply with the prescribed statutory requirements referred to in item 34 in paragraph 5(c) of Schedule 2; or

(ii)

has undergone an examination and been found so to comply but is fitted in a vehicle in respect of which no test certificate has been issued to the effect that that is the case.

(1)

1988 c. 52

(2)

O.J. No. L220, 29.8.77, p. 95

(3)

O.J. No. L139, 19.5.82, p. 17

(4)

O.J. No. L341, 6.12.90, p. 1

(5)

O.J. No. L178, 17.7.96, p. 15

(6)

O.J. No. L24, 30.1.76, p. 6

(7)

O.J. No. L209, 29.7.81, p. 30

(8)

O.J. No. L319, 19.5.82, p. 9

(9)

O.J. No. L341, 6.12.90, p. 14

(10)

O.J. No. L187, 26.7.96, p. 95

(11)

O.J. No. L42, 23.2.70, p. 1

(12)

1981 c. 14; section 6(1)(a) was amended by paragraph 14 of Schedule 4 to the Road Traffic Act 1991 (c. 40)

(13)

Cmnd 2073

(14)

Cmnd 2183

(15)

Cmnd 2535

(16)

Cmnd 3562

(17)

By an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963