Citation and commencement1.
These Regulations may be cited as the Motor Vehicles Testing (Amendment) Regulations (Northern Ireland) 2018 and shall come into operation on 20th May 2018.
Amendment of the Motor Vehicles Testing Regulations (Northern Ireland)2.
(1)
(2)
In regulation 2(1) (interpretation) omit the definitions of—
(a)
“break-down vehicles”;
(b)
“road construction vehicles”; and
(c)
“tower wagon”.
(3)
In regulation 5 (classification of vehicles and application of regulations)—
(a)
“(1)
For the purposes of these Regulations motor vehicles to which they apply are classified as follows—
(a)
Class I: light motor bicycles in EU categories L1e, L3e and L4e;
(b)
Class II: motor bicycles in EU categories L3e and L4e;
(c)
Class III: light motor vehicles in EU categories L2e and L5e;
(d)
Class IV: motor cars and heavy motor cars, dual purpose vehicles and motor vehicles in EU categories L5e, L6e, L7e, M1, M2, M3 not being vehicles in Classes III, V, VA, VI, or VIA;
(e)
Class V: motor vehicles in EU categories M2 and M3 not being vehicles within Class VA, VI or VIA which are—
(i)
large passenger carrying vehicles;
(ii)
play buses; and
(iii)
ambulances with more than 16 seats in addition to the driver;
(f)
Class VA: motor vehicles, other than vehicles to which paragraph (3) applies, in EU categories M2 and M3 which are—
(i)
large passenger carrying vehicles;
(ii)
play buses; and
(iii)
ambulances with more than 16 seats in addition to the driver,
in respect of which any forward facing seat is fitted with a relevant seat belt;
(g)
Class VI: motor vehicles in EU categories M2 and M3 which are—
(i)
minibuses, and
(ii)
ambulances with more than 8 seats but not more than 16 seats in addition to the driver; and
(h)
Class VIA: motor vehicles, other than vehicles to which paragraph (3) applies, in EU categories M2 and M3 which are—
(i)
minibuses, and
(ii)
ambulances with more than 8 seats but not more than 16 seats in addition to the driver,
in respect of which any forward facing seat is fitted with a relevant seatbelt.”.
(b)
“(5)
In this regulation references to vehicles in EU categories—
(a)
L1e to L7e are to those categories as described in Annex 1 to Regulation (EU) 168/2013 of the European Parliament and of the Council on the approval and market surveillance of two or three wheeled vehicles and quadricycles5; and(b)
M1 to M3, are to those categories as described in Annex 2 to Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the approval of motor vehicles and their trailers and of the systems, components and separate technical units intended for such vehicles6.”.
(4)
In regulation 6(1) (exemptions)—
(a)
“(b)
a vehicle which has an inside track width of not more than 1100 millimetres;”;
(b)
omit sub-paragraph (xix);
(c)
omit sub-paragraph (xxi);
(d)
at the end of sub-paragraph (xxii) omit the full stop and add “; and”; and
(e)
“(xxiii)
a vehicle which is incapable, by reason of its construction, of exceeding a speed of 15.5 miles per hour on the level under its own power.”.
(5)
In Regulation 11 (application for re-examination)—
(a)
“(4)
Where an application is made under paragraph (2) within 21 days from the date of service of the notice and the vehicle is presented for re-examination no later than sixty days from the date of notification of refusal as in paragraph (1) on a date and time appointed by the Department, the fee payable is the appropriate fee determined in accordance with paragraph 2 of Schedule 1.”; and
(b)
“(5)
Where an application is made under paragraph (2) within 21 days from the date of service of the notice and the vehicle is presented for re-examination no later than sixty days from the date of notification of refusal as in paragraph (1) on a date and time appointed by the Department, and some or all of the statutory requirements which were not complied with in the original examination relate to item 34 in paragraph 5(c) of Schedule 2, the fee payable is the appropriate fee determined in accordance with paragraph 3 of Schedule 1.”.
(6)
In regulation 14 (form of test certificates and notices of refusal) for the term “be in the form” substitute “include the information”.
(7)
In regulations 23 (computation of time) for “11(4)” substitute “11(4) and (5)”.
(8)
In Schedule 2 (the prescribed statutory requirements for vehicles)—
(a)
in paragraph 1(a)—
(i)
“1A
27
Springs and Resilient Material”; and
(ii)
“10A
115 (insofar as it relates to the condition of the vehicle structure, the chassis, frame and any subframe or any mounting or connection or part of the suspension, to the extent that such condition may prejudice the steering of braking of the vehicles)
Structure and Suspension”;
(b)
“(c)
The requirements contained in the following provisions of the Road Vehicles (Display of Registration Marks) Regulations 20017:
Item No.
Regulations
Affecting
19
Such provisions of, as are applicable to the vehicle
Registration Marks”;
(c)
“19A
22
Vacuum or Pressure Brake Warning Devices”;
(d)
in paragraph 2(c)—
(i)
“28
21, 23 and 26
Front and Rear Fog Light”; and
(ii)
“28D
21 and 26
Reversing Lamp
28E
21 and 26
Daytime Running Lamp”; and
(e)
in paragraph (3)—
(i)
in column 2 in the table for “74” substitute “74 and 74A”;
(ii)
in column 3 in the table for “Emissions” substitute “Emissions and Emission Control Devices”; and
(iii)
“32A
115 (insofar as it relates to the condition of seats, doors and other openings, body fittings and interior fittings to such an extent such condition may cause danger)
Cab (including steps and step-rings) seats, door, other openings and driving controls
32B
115
Spare Wheel and Carrier, Transmission, Engine Mountings and Steering Lock
32C
115
Tyre Pressure Monitoring Systems”
(9)
For Schedule 3A (vehicle test certificate) substitute the Schedule to these Regulations.
Sealed with the Official Seal of the Department for Infrastructure on 13th April 2018
