- Latest available (Revised)
- Point in Time (20/04/2012)
- Original (As enacted)
Version Superseded: 02/03/2016
Point in time view as at 20/04/2012. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Road Traffic Act 1988, Section 45 is up to date with all changes known to be in force on or before 30 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)This section applies to motor vehicles other than goods vehicles which are required by regulations under section 49 of this Act to be submitted for a vehicle test under that section and has effect for the purpose of ascertaining whether the [F1 following requirements are complied with, namely—
(a)the prescribed statutory requirements relating to the construction and condition of motor vehicles or their accessories or equipment, and
(b)the requirement that the condition of motor vehicles should not be such that their use on a road would involve a danger of injury to any person.]
(2)The Secretary of State may by regulations make provision—
(a)for the examination of vehicles submitted for examination under this section, and
(b)for the issue, where it is found on such an examination that the requirements mentioned in subsection (1) above are complied with, of a certificate (in this Act referred to as a “test certificate") that at the date of the examination the requirements were complied with in relation to the vehicle.
(3)Examinations for the purposes of this section shall be carried out by—
(a)persons, not being officers of the Secretary of State, authorised for those purposes by the Secretary of State (in this section and section 46 of this Act referred to as “authorised examiners”),
[F2(za)individuals who are nominated by, and act under the supervision of, authorised examiners and are approved by the Secretary of State (in this section and section 46 of this Act referred to as “nominated testers”),]
[F3(b)examiners appointed under section 66A of this Act]
[F4(c)inspectors who are—
(i)appointed by any council designated by the Secretary of State for the purposes of this section and section 46 of this Act, being the council of a county, district or London borough or the Common Council of the City of London or a council constituted under section 2 of the M1Local Government etc. (Scotland) Act 1994, and
(ii)approved by the Secretary of State.]
(4)Where a test certificate is refused, [F5the person carrying out the examination] must issue a notification of the refusal stating the grounds of the refusal, and a person aggrieved by the refusal or the grounds of the refusal may appeal to the Secretary of State.
(5)On any such appeal the Secretary of State must cause a further examination to be made and either issue a test certificate or issue a notification of the refusal stating the grounds of the refusal.
(6)For the purposes of their functions under this section the Secretary of State or a council designated for the purposes of this section may provide and maintain—
(a)stations where examinations under this section may be carried out, and
(b)apparatus for carrying out such examinations.
[F6(6A)The Secretary of State may provide, or make arrangements for the provision of, courses of instruction in connection with the carrying out of examinations under this section; and may charge prescribed fees in respect of attendance on such courses.
(6B)The Secretary of State shall maintain, or cause to be maintained, records containing such particulars as he thinks fit of—
(a)vehicles submitted for examination under this section, and
(b)the carrying out of and the results of the examinations.]
(7)The Secretary of State may make regulations under this section for the purpose of giving effect to this section and for prescribing anything authorised by this section and section 46 of this Act to be prescribed.
(8)In its application to vehicles in which recording equipment is required by Article 3 of the Community Recording Equipment Regulation to be installed and used, this section shall have effect as if any reference to prescribed statutory requirements relating to the construction and condition of motor vehicles or their accessories or equipment included a reference to the prescribed requirements of so much of that Regulation as relates to the installation of recording equipment and the seals to be fixed to such equipment.
Subordinate Legislation Made
P1S. 45 (with ss. 46 and 47(5)): power exercised by S.I. 1991/253
S. 45 (with s. 46): power exercised by S.I. 1991/455
For previous exercises of power under s. 45 see Index to Government Orders
P2S. 45: s. 45 (with s. 46) power exercised (4.7.1991) by S. I. 1991/1525 and (7.10.1991) by S.I. 1991/2229
P3S. 45 (with s. 46) power exercised (9.12.1991) by S.I. 1991/2791
Textual Amendments
F1Words in s. 45(1) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 52(2); S.I. 1992/1286, art. 2, Sch.
F2S. 45(3)(za) inserted (11.4.2003) by 1999 c. 12, ss. 1(1)(a), 9(2); S.I. 2003/1095, art. 2
F3S. 45(3)(b) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 52(3); S.I. 1992/1286, art. 2, Sch.
F4S. 45(3)(c) substituted (11.4.2003) by 1999 c. 12, s. 1(1)(b), 9(2); S.I. 2003/1095, art. 2
F5Words in s. 45(4) substituted (11.4.2003) by 1999 c. 12, s. 1(2), 9(2); S.I. 2003/1095, art. 2
F6S. 45(6A)(6B) inserted (1.6.2001 for certain purposes and otherwise 11.4.2003) by 1999 c. 12, ss. 1(3), 9(2); S.I. 2001/1896, art. 2(1); S.I. 2003/1095, art. 2
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: