The Carriage of Explosives Regulations (Northern Ireland) 2006

Regulations 29, 30 and 32

SCHEDULE 2 FEES FOR CERTIFICATES AND APPLICATIONS FOR APPROVALS

1.  The fee payable to the Secretary of State, or the person designated by him for the purpose of issuing safety adviser vocational certificates, in accordance with regulation 29(2)(c), or an extended certificate in accordance with regulation 29(5)(c), shall be such sum as is reasonable in light of the actual work performed.

2.  The fee payable to the Secretary of State for the issue of a driver training certificate under regulation 30(1), or to the person designated by him for the purpose of issuing driver training certificates, will be £3. The fee for a driver training certificate extended in accordance with regulation 30(6)(c) shall be £3.

3.  The fee payable to the Secretary of State on each application for an original approval or a renewal of any approval or refresher training in accordance with sub-section 8.2.2.6 of ADR pursuant to regulation 30(3) shall be such sum as is reasonable in light of the actual work performed.

4.  –

(1) Subject to sub-paragraph (3), the fee for the provision of inspection facilities, including the carrying out of an inspection, and the administrative work carried out upon receipt of an application for an ADR certificate in respect of a vehicle shall be £82.

(2) Subject to sub-paragraph (3), where a vehicle fails to pass an inspection carried out in respect of an application for an ADR certificate, an application for a further inspection shall be treated for the purpose of these Regulations as a separate application for an ADR certificate.

(3) Where a vehicle fails to pass an inspection and within 21 days thereafter arrangements are made for a further inspection to be carried out within that period, sub-paragraph (2) shall not apply but a further fee of £42 shall be payable in respect of such arrangements.

(4) The fees paid in pursuance of sub-paragraph (3) or (6) shall be repaid–

(a) if no appointment for an examination of the vehicle is made or the appointment made is subsequently cancelled by the Northern Ireland competent authority;

(b) if the person for whom the appointment is made gives to the Northern Ireland competent authority notice cancelling the appointment of not less than one clear day before the date of the appointment;

(c) if the person for whom the appointment is made keeps the appointment but the examination does not take place, or is not completed, for a reason other than–

(i) the applicant for the ADR certificate does not, after being requested to do so, produce the notice of appointment (if any) relating to the inspection and–

(aa) in the case of a motor vehicle either the registration document relating to the vehicle or other evidence of the date of its first registration or, in the case of a motor vehicle not registered before the date of the inspection, evidence of the date of its manufacture; and

(bb) in the case of a trailer, evidence of the date of its manufacture;

(ii) the particulars relating to the vehicle and shown in any application relevant to the inspection are found to be substantially incorrect;

(iii) the vehicle is one as respects which it has been stated in the application that it is to be used on roads to draw a trailer and in the last notice of appointment preceding the inspection it was required that the vehicle should be accompanied by a trailer which is to be so drawn, and the vehicle is not accompanied by such a trailer;

(iv) the vehicle is a trailer, and is not accompanied by a motor vehicle suitable for drawing that trailer and capable of operating any braking system with which the trailer is equipped;

(v) there is not permanently affixed to the chassis or main structure of the vehicle in a conspicuous or easily accessible position so as to be readily legible either–

(aa) the chassis or serial number shown in the registration document relating to the vehicle; or

(bb) if no such number is shown or exists, the identification mark allotted to the vehicle by the Northern Ireland competent authority;

(vi) the vehicle or any motor vehicle by which it is accompanied, or any part of any equipment of the vehicle or any such accompanying vehicle is so dirty or dangerous as to make it unreasonable for the inspection to be carried out or the applicant for the ADR certificate does not produce any certificate required in the last notice of appointment preceding the inspection, that a vehicle used for carrying toxic, corrosive or inflammable loads had been properly cleaned or otherwise made safe;

(vii) an inspector is not able to complete the inspection without the vehicle or, in the case of a trailer, the motor vehicle by which it is accompanied being driven and such vehicle or trailer or, as the case may be, the accompanying vehicle is not provided with fuel and oil to enable it to be driven to such extent as may be necessary for the purpose of the examination;

(viii) in the case of a trailer, an inspector is not able to complete the inspection unless the motor vehicle by which it is accompanied is driven on a road, and that motor vehicle cannot be driven without committing an offence under section 29 of the Vehicle Excise and Registration Act 1994(1)because no licence under that Act is in force for such vehicle;

(ix) the vehicle or any trailer by which it is accompanied is not loaded or unloaded in the manner (of any) specified for the purpose of the inspection either in the last notice of appointment proceeding the inspection or by the Northern Ireland competent authority; or

(x) an inspector is not able to complete the inspection due to the failure of a part of the vehicle or, in the case of a trailer, any vehicle by which it is drawn or intended to be drawn, which renders the vehicle, or any such accompanying vehicle incapable of being moved in safety under the power of the vehicle or the accompanying vehicle; or

(d) if the person for whom the appointment is made satisfies the Northern Ireland competent authority that the vehicle cannot, or, as the case may be, could not, reasonably be presented for examination on the date of the appointment due to exceptional circumstances occurring not more than seven days before the said date and of which notice is given within three days of the occurrence of it to the Northern Ireland competent authority at the vehicle testing centre where the examination is or was to be held.

(5) The fee for the issue of a copy of an ADR certificate which has been lost or destroyed shall be £12.

(6) An application made to the Northern Ireland competent authority for an ADR certificate shall be accompanied by the appropriate fee determined in accordance with sub-paragraph (1).

(7) The fee payable under sub-paragraph (3) in respect of arrangements for a further inspection of a vehicle shall be paid on or before the date arranged for such further inspection.

(8) Where applications are made for inspections to be carried out in respect of ADR certificates for a vehicle and trailer at the same time or consecutively, separate applications, each accompanied by the appropriate fee, shall be submitted.

(9) Subject to sub-paragraph (10), an application for an ADR certificate shall be accompanied by an application for a test made under regulation 10 of the Goods Vehicle (Testing) Regulations (Northern Ireland) 2003(2)(a “goods vehicle test”).

(10) An application for an ADR certificate need not be accompanied by an application for a goods vehicle test where–

(a) a motor vehicle having a maximum gross weight exceeding 3,500 kilograms which has not reached the end of the month in which falls the first anniversary of the date on which it was registered;

(b) a trailer which has not yet reached the end of the month in which falls the first anniversary of the date on which it was first sold or supplied by retail; or

(c) it has a current goods vehicle test certificate.

(11) In this paragraph–

(a) “ADR certificate”means a certificate of approval issued for a vehicle following inspection of the vehicle in pursuance of section 9.1.3.1 of Annex B to ADR, and references to an inspection of a vehicle or the issue of a certificate or a copy of it are references to such an inspection, or issue of a certificate or copy, by the Northern Ireland competent authority;

(b) “exceptional circumstances”means an accident, a fire, industrial action, a failure in the supply of essential services or other unexpected happening (excluding a breakdown or mechanical defect in a vehicle or non-delivery of spare parts for it); and

(c) except in sub-paragraphs (3) and (4)(d) (in so far as it relates to seven days), no period of time shall include any day which is a Saturday, Sunday or public holiday and “public holiday”shall not include Good Friday and shall include Easter Tuesday.

(1)

1994 c. 22

(2)

S.R. 2003 No. 304 to which there are amendments not relevant to these Regulations