- Latest available (Revised)
- Point in Time (01/04/2013)
- Original (As enacted)
Version Superseded: 20/05/2018
Point in time view as at 01/04/2013. This version of this provision has been superseded.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 67 is up to date with all changes known to be in force on or before 05 September 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)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.
[F4(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 motor vehicles and trailers defined in categories 1, 2 and 3 of Annex I to Directive 2009/40/ EC . ]
(4)The following persons may act as authorised examiners for the purposes of this section [F5and section 67A of this Act]—
F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)a person appointed as an examiner under section [F766A] 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 [F8on behalf of a] chief officer of police,F9...
[F10(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 F11... [F12in 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) [F13, (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 [F14—
(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, [F15the constable or stopping officer] may require it to be so carried out and, if [F15the 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 [F16—
(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, [F17the 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.
[F18(9A) In subsection (3B) “Directive 2009/40/ EC ” means the Directive of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers. ]
(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(3A)(3B) inserted (30.3.2011) by The Road Vehicles (Powers to Stop) Regulations 2011 (S.I. 2011/996), regs. 1, 2(3)(b)
F5Words 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)
F6S. 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.
F7Words 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.
F8Words 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.
F9Word 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
F10S. 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
F11Words 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)
F12Word 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
F13Words 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
F14Words 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)
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)(ii)
F16Words 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)
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)(ii)
F18S. 67(9A) inserted (30.3.2011) by The Road Vehicles (Powers to Stop) Regulations 2011 (S.I. 2011/996), regs. 1, 2(3)(e)
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: