The Motor Vehicles (Tests) Regulations 1981

Requirements as to vehicles submitted for examinations E+W+S

13.— [F1 (1)]  An examiner and an inspector appointed by a designated council F2 ... shall not be under any obligation to carry out an examination of a motor vehicle where—

(a) on the submission of a vehicle for an examination the applicant does not, after being requested to do so, produce the registration book issued under the Road Vehicles (Registration and Licencing) Regulations 1971 relating to the vehicle, or other evidence, acceptable to the examiner, inspector or Secretary of State, of the date of the vehicle's first use or manufacture and the chassis or serial number given to the vehicle by its manufacturer and, if the manufacturer has also given the vehicle an identification number, that number also;

(b) the vehicle or any part thereof or any of its equipment is so dirty as to make it unreasonably difficult for the examination to be carried out in accordance with the provisions of these Regulations;

(c) the examiner or inspector is not able with the facilities and apparatus available to him at the place at which the examination would otherwise be carried out to complete the examination without the vehicle being driven and the vehicle is not when submitted for examination, either for want of fuel or oil or for any other reason, fit to be driven to such extent as may be necessary for the purposes of the carrying out of the examination;

(d) before the carrying out of an examination of a motor vehicle any things which are on the vehicle, and are not part of its equipment or accessories, are required by the examiner or inspector to be removed from the vehicle or to be secured in such manner as he may think necessary and the things are not removed or secured accordingly; F3 ...

(e) in a case where the fee for the examination is payable in advance of the examination the examiner, or inspector, F2 ... is not satisfied that the fee payable for the examination has been paid as required by Regulation 20(2)(a) or (b)(i); F4 ...

[F5 (f) in the case of a Class VI vehicle—

(i) the vehicle is not submitted for examination at the time and date fixed for the examination; or

(ii) the driver of the vehicle is requested to remain in it or its vicinity throughout the examination, to drive it, to operate its controls, to remove or refit its panels or to open or close its doors and he declines to do so];

[F6 (g) the vehicle emits substantial quantities of avoidable smoke;

(h) a proper examination of the vehicle cannot readily be carried out as a consequence of any door, tailgate, boot lid, engine cover, fuel cap or other device designed to be capable of being readily opened, being locked or otherwise fixed so that it cannot be readily opened; or

(j) without prejudice to sub-paragraph (c), the condition of the vehicle is such that, in the opinion of the examiner or inspector, a proper examination of the vehicle would involve a danger of—

(i) injury to any person, or

(ii) damage to the vehicle or any other property.]

[F7 (2) A reference in this Regulation to an examiner shall include a reference to an examiner appointed under section 66A of the Road Traffic Act 1988.]

Textual Amendments

F1 Reg. 13 renumbered as reg. 13(1) (9.10.1995) by The Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 1995 (S.I. 1995/2438), regs. 1, 5(1)

F2 Words in reg. 13(1) omitted (9.10.1995) by virtue of The Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 1995 (S.I. 1995/2438), regs. 1, 5(1)(a)

F3 Word in reg. 13 omitted (1.11.1991) by virtue of The Motor Vehicles (Tests) (Amendment) (No. 4) Regulations 1991 (S.I. 1991/2229), regs. 1(1)(c), 4(a)

F4 Word in reg. 13(1) omitted (9.10.1995) by virtue of The Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 1995 (S.I. 1995/2438), regs. 1, 5(1)(b)

F5 Reg. 13(f) added (1.11.1991) by The Motor Vehicles (Tests) (Amendment) (No. 4) Regulations 1991 (S.I. 1991/2229), regs. 1(1)(c), 4(c)

F6 Reg. 13(1)(g)-(j) inserted (9.10.1995) by The Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 1995 (S.I. 1995/2438), regs. 1, 5(1)(b)

F7 Reg. 13(2) inserted (9.10.1995) by The Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 1995 (S.I. 1995/2438), regs. 1, 5(2)

Commencement Information

I1 Reg. 13 in force at 31.12.1981, see reg. 1