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Road Traffic Act 1988, Cross Heading: Testing vehicles on roads is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)An authorised examiner may test a motor vehicle on a road for the purpose of—
F1 [( a )ascertaining whether the following requirements, namely—
(i)the construction and use requirements, and
(ii)the requirement that the condition of the vehicle is not such that its use on a road would involve a danger of injury to any person,
are complied with as respects the vehicle;]
(b)bringing to the notice of the driver any failure to comply with those requirements.
F2 [( 2 )For the purpose of testing a vehicle under this section the examiner—
(a)may require the driver to comply with his reasonable instructions, and
(b)may drive the vehicle.]
(3)[F3Subject to subsection (3A)]A vehicle shall not be required to stop for a test except by a constable in uniform.
(3A)A stopping officer may direct the driver of a vehicle to stop the vehicle for the purposes of a test if the vehicle appears to the officer to be one to which subsection (3B) could apply.
[F4(3B)This subsection applies to—
(a)vehicles—
(i)in categories M2 and M3,
(ii)in categories O3 and O4,
as defined in [F5Article 4 of the road vehicles type approval Regulation],
(b)vehicles in categories N2 and N3, as defined in article 2(1) of Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers, and
(c)vehicles in category T, as defined in Article 4(1) of the tractor type approval Regulation.]
(4)The following persons may act as authorised examiners for the purposes of this section [F6and section 67A of this Act]—
F7(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)a person appointed as an examiner under section [F866A] of this Act,
(c)a person appointed to examine and inspect public carriages for the purposes of the M1Metropolitan Public Carriage Act 1869,
(d)a person appointed to act for the purposes of this section by the Secretary of State,
(e)a constable authorised so to act by or [F9on behalf of a] chief officer of police,F10...
[F11(ea)a person appointed by a chief officer of police in England or Wales (other than the Commissioner of Police for the City of London) to act, under the directions of that chief officer, for the purposes of this section, and]
(f)a person appointed by the police authority F12... [F13in Scotland, or by the Common Council of the City of London,] to act, under the directions of the chief officer of police, for the purposes of this section.
(5)A person mentioned in subsection (4)(a) to (d) [F14, (ea)] and (f) must produce his authority to act for the purposes of this section if required to do so.
(6)On the examiner proceeding to test a vehicle under this section, the driver may, unless the test is required under subsection (7) or (8) below to be carried out forthwith, elect that the test shall be deferred to a time, and carried out at a place, fixed in accordance with Schedule 2 to this Act, and the provisions of that Schedule shall apply accordingly.
(7)Where it appears to [F15—
(a)a constable, or
(a)in the case of a vehicle to which subsection (3B) applies, a stopping officer,]
that, by reason of an accident having occurred owing to the presence of the vehicle on a road, it is requisite that a test should be carried out forthwith, [F16the constable or stopping officer] may require it to be so carried out and, if [F16the constable or stopping officer] is not to carry it out himself, may require that the vehicle shall not be taken away until the test has been carried out.
(8)Where in the opinion of [F17—
(a)a constable, or
(b)in the case of a vehicle to which subsection (3B) applies, a stopping officer,]
the vehicle is apparently so defective that it ought not to be allowed to proceed without a test being carried out, [F18the constable or stopping officer] may require the test to be carried out forthwith.
(9)If a person obstructs an authorised examiner acting under this section, or fails to comply with a requirement of this section or Schedule 2 to this Act, he is guilty of an offence.
F19(9A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10)In this section and in Schedule 2 to this Act—
(a)“test” includes “inspect” or “inspection”, as the case may require, and
(b)references to a vehicle include references to a trailer drawn by it.
Textual Amendments
F1S. 67(1)(a) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 10(2); S.I. 1992/1286, art. 2, Sch.
F2S. 67(2) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 10(3); S.I. 1992/1286, art. 2,Sch.
F3Words in s. 67(3) inserted (30.3.2011) by The Road Vehicles (Powers to Stop) Regulations 2011 (S.I. 2011/996), regs. 1, 2(3)(a)
F4S. 67(3B) substituted (20.5.2018) by The Goods Vehicles (Plating and Testing) (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/849), regs. 1, 4(a)
F5Words in s. 67(3B)(a) substituted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 2(2) (with Sch. 4 paras. 16, 17)
F6Words inserted (prosp.) by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 4, 8(3)(c), Sch. 2 Pt. III para. 24 (which insertion was repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 10(2); S.I. 1992/1286, art. 2, Sch. Appendix)
F7S. 67(4)(a) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2,Sch.
F8Words in s. 67(4)(b) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 10(4); S.I. 1992/1286, art. 2,Sch.
F9Words in s. 67(4)(e) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 10(5); S.I. 1992/1286, art. 2,Sch.
F10Word in s. 67(4)(e) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 194(2)(a); S.I. 2011/3019, art. 3, Sch. 1
F11S. 67(4)(ea) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 194(2)(b); S.I. 2011/3019, art. 3, Sch. 1
F12Words in s. 67(4)(f) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 22(2)
F13Word in s. 67(4)(f) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 194(2)(c); S.I. 2011/3019, art. 3, Sch. 1
F14Words in s. 67(5) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 194(3); S.I. 2011/3019, art. 3, Sch. 1
F15Words in s. 67(7) substituted (30.3.2011) by The Road Vehicles (Powers to Stop) Regulations 2011 (S.I. 2011/996), regs. 1, 2(3)(c)(i)
F16Words in s. 67(7) substituted (30.3.2011) by The Road Vehicles (Powers to Stop) Regulations 2011 (S.I. 2011/996), regs. 1, 2(3)(c)(ii)
F17Words in s. 67(8) substituted (30.3.2011) by The Road Vehicles (Powers to Stop) Regulations 2011 (S.I. 2011/996), regs. 1, 2(3)(d)(i)
F18Words in s. 67(8) substituted (30.3.2011) by The Road Vehicles (Powers to Stop) Regulations 2011 (S.I. 2011/996), regs. 1, 2(3)(d)(ii)
F19S. 67(9A) omitted (20.5.2018) by virtue of The Agricultural and Forestry Vehicles (Type-Approval) Regulations 2018 (S.I. 2018/236), reg. 1(b), Sch. 2 para. 1(2) (with reg. 1(c), Sch. 1 paras. 16, 17)
Marginal Citations
F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F20S. 67A repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), Sch. 1 Pt. 14
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F21S. 67B repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), Sch. 1 Pt. 14
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