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The Motor Vehicles (Tests) Regulations 1981

Changes over time for: Section 16

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Version Superseded: 01/08/1997

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Refusal of a test certificate where braking test cannot be carried outE+W+S

16.—(1) Where in the course of an examination of a vehicle by an examiner or an inspector appointed by a designated council F1... it is found that there are such defects in the construction or condition of the vehicle or its equipment or accessories that to carry out a braking test of the vehicle in the manner in which braking tests of such vehicles are carried out at the vehicle testing station at which the examination is being carried out would be likely to cause danger to any person or damage to the vehicle or any other property, the examiner or inspector shall not carry out the braking test but shall complete the rest of the examination in accordance with the provisions of these Regulations.

(2) Where in any such case as is mentioned in paragraph (1) an examiner or inspector does not carry out a braking test of a vehicle, he shall provide the applicant for the test with a notice on a form marked “[F2VT 30]” or, if it relates to a Class VI vehicle, “VTP30” [F3or, if it relates to a Class I or II vehicle, “VT 30M”], supplied by the Secretary of State and stating—

(a)that he could not safely carry out the braking test, and the reason therefor, and

(b)the particulars mentioned in Regulation [F415(3)](b)(ii) and (iii).

(3) In this Regulation “braking test”, means that part of the examination of that vehicle which is required or authorised to be carried out to ascertain whether the braking requirements are complied with.

[F5(4) 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.]

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