The Goods Vehicles (Testing) (Amendment) Regulations (Northern Ireland) 2006

Statutory Rules of Northern Ireland

2006 No. 495

ROAD TRAFFIC AND VEHICLES

The Goods Vehicles (Testing) (Amendment) Regulations (Northern Ireland) 2006

Made

4th December 2006

Coming into operation

16th January 2007

The Department of the Environment makes the following Regulations in exercise of the powers conferred by Articles 67(1)(m), 72(3) and 110(2) of the Road Traffic (Northern Ireland) Order 1995(1).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Goods Vehicles (Testing) (Amendment) Regulations (Northern Ireland) 2006 and shall come into operation on 16th January 2007.

(2) In these Regulations “the principal Regulations” means the Goods Vehicles (Testing) Regulations (Northern Ireland) 2003(2).

Amendment to regulation 23 (production of certificate on application for licence)

2.  For regulation 23 of the principal Regulations(3) substitute—

“23.— (1) Where an application is made for a licence under the 1994 Act for a motor vehicle to which Article 69(2) of the 1995 Order applies, the licence shall not be granted unless—

(a) there is produced an effective goods vehicle test certificate or effective certificate of temporary exemption; or

(b) information held by the Department indicates that an effective goods vehicle test certificate or effective certificate of temporary exemption currently exists in respect of the vehicle.

(2) In this regulation “information” means information held in any form.”.

Amendment to Schedule 2 (classes of vehicles to which these Regulations do not apply)

3.  In paragraph 33(b)(ii) of Schedule 2 to the principal Regulations, for the words “of less than 810 millimetres” substitute “of not more than 1100 millimetres”.

Sealed with the Official Seal of the Department of the Environment on 4th December 2006.

L.S.

Maggie Smith

A senior officer of the

Department of the Environment

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Goods Vehicles (Testing) Regulations (Northern Ireland) 2003 (“the 2003 Regulations”).

Regulation 2 amends regulation 23 of the 2003 Regulations in relation to the production of a goods vehicle test certificate or a certificate of temporary exemption when applying for a licence under the Vehicle Excise and Registration Act 1994. The amendment provides that a licence shall not be granted unless information held by the Department of the Environment indicates that there is an effective goods vehicle test certificate or certificate of temporary exemption in existence in respect of the vehicle.

Regulation 3 amends paragraph 33(b)(ii) of Schedule 2 to the 2003 Regulations (classes of vehicles to which these Regulations do not apply) so as to substitute the reference to vehicles with an inside track width of less than 810 millimetres with a reference to vehicles with an inside track width of not more than 1100 millimetres.

A Regulatory Impact Assessment has been produced in respect of the amendment at regulation 2 and may be obtained from the Driver and Vehicle Licensing Northern Ireland website at www.dvlni.gov.uk.

(1)

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

(2)

S.R. 2003 No. 304; relevant amending Regulations are S.R. 2004 No. 247

(3)

Regulation 23 was amended by S.R. 2004 No. 247, regulation 3