The Motor Vehicles (Tests) Regulations 1981

Interpretation E+W+S

3.—(1) In these Regulations, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them—

“the 1972 Act” means the Road Traffic Act 1972;

“the 1981 Act” means the Public Passenger Vehicles Act 1981;

“the Construction and Use Regulations” means the Motor Vehicles (Construction and Use) Regulations 1978(1);

“the Lighting Regulations” means the Road Vehicles Lighting Regulations 1971(2);

“articulated bus”, “articulated vehicle”, “dual-purpose vehicle”, “pedestrian controlled vehicle”, “track laying” and “works truck” have the meanings given by Regulation 3(1) of the Construction and Use Regulations;

“authorisation” means any authorisation in writing by the Secretary of State of an individual, persons in partnership, or a company to carry out examinations of such classes of motor vehicles as may be specified therein;

“company” means a body corporate;

“designated council” means any council designated by the Secretary of State for the purposes of section 43 being the council of a county, of a district or London Borough or (in Scotland) of a region or of an islands area, or the Greater London Council or the Common Council of the City of London;

“examination” means an examination of a motor vehicle for the purposes of section 43;

“examiner” means an individual, persons in partnership, or a company authorised by the Secretary of State in accordance with these Regulations to carry out examinations;

“firm” has the meaning given by section 4 of the Partnership Act 1890;

“goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods or burden of any description, including a living van but excluding—

(i)

[F1 a dual-purpose vehicle,

(ii)

a motor caravan, and

(iii)

a play bus,]

“goods vehicle testing station” means a station at which a goods vehicle test (as defined in section 45(2)) may be carried out;

“large passenger-carrying vehicle” means a motor vehicle which is constructed or adapted to carry more than twelve seated passengers in addition to the driver, and which is not a public service vehicle;

“light motor bicycle” means a motor bicycle of which the cylinder capacity of the engine does not exceed 200 cubic centimetres;

“light motor vehicle” means a motor vehicle with three or more wheels the unladen weight of which does not exceed 450 kilograms;

“living van” means a vehicle, whether mechanically propelled or not, which is used as living accommodation by one or more persons, and which is also used for the carriage of goods or burden which are not needed by such one or more persons for the purpose of their residence in the vehicle;

“Ministry Inspector” means any certifying officer or public service vehicle examiner appointed under section 56(1) and any examiner appointed under section 7 of the 1981 Act;

“motor bicycle” means a two wheeled motor cycle, whether having a sidecar attached to it or not;

“motor caravan” means a motor vehicle (not being a living van) which is constructed or adapted for the carriage of passengers and their effects and which contains, as permanently installed equipment, the facilities which are reasonably necessary for enabling the vehicle to provide mobile living accommodation for its users;

“normal working week” means—

(a)

in relation to an examiner, the times of the week which in the application of that examiner to the Secretary of State for an authorisation are specified as the times of the week during which that examiner will accept vehicles for examination or such other times of the week as may subsequently be substituted for times so specified by the examiner with the consent of the Secretary of State;

(b)

in relation to a designated council, the times of the week notified to the Secretary of State by that council as the times of the week during which they will accept vehicles for examination; and

(c)

in relation to the Secretary of State, the times of the week during which at any vehicle testing station of the Secretary of State he will accept vehicles for examination;

[F2 “play bus” means a motor vehicle which was originally constructed to carry more than 12 passengers but which has been adapted primarily for the carriage of playthings for children (including articles required in connection with the use of those things);]

“public service vehicle” has the meaning given by section 1(1)(a) of the 1981 Act;

“the prescribed statutory requirements” has the meaning given by Regulation 4(2);

“serial number”, in relation to a vehicle the chassis of which has not been constructed separately from its superstructure, means the number given to, and for the purpose of identifying, the vehicle by its manufacturer;

“traffic area” means a traffic area constituted as mentioned in section 80(1) of the 1981 Act and “office” in relation to such an area means any office provided for the use of the traffic commissioners for that area; and

“vehicle testing station” means premises at which the Secretary of State has authorised an examiner to carry out examinations or premises provided by a designated council or the Secretary of State for carrying out examinations.

(2) Unless the context otherwise requires, any reference in these Regulations to—

(a) a numbered section is a reference to the section bearing that number in the 1972 Act;

(b) a numbered Regulation or Schedule is a reference to the Regulation or Schedule bearing that number in these Regulations, and

(c) a numbered paragraph is a reference to the paragraph bearing that number in the Regulations in which the reference appears.

(3) For the purposes of these Regulations the unladen weight of a vehicle shall be computed in accordance with Schedule 6 to the Vehicles (Excise) Act 1971.

(4) In calculating for the purposes of the definition of “large passenger carrying vehicle” the number of seated passengers which the vehicle is constructed or adapted to carry a length of at least 400 millimetres measured horizontally along the front of each seat shall be allowed for the accommodation of each such passenger. Where a continuous seat is fitted with arms for the purpose of separating the seating spaces and the arms are so constructed that they can be folded back or otherwise put out of use, the seat shall be measured for the purposes of this paragraph as though it were not fitted with arms.

(5) For the purposes of these Regulations the provisions of Regulation 3(2) of the Construction and Use Regulations shall apply for determining when a motor vehicle is first used.

Textual Amendments

F1 Words in reg. 3(1) substituted (1.11.1983) by The Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 1983 (S.I. 1983/1434), regs. 1, 3

F2 Words in reg. 3(1) inserted (1.12.1982) by The Motor Vehicles (Tests) (Amendment) (No. 3) Regulations 1982 (S.I. 1982/1477), regs. 1, 3

Commencement Information

I1 Reg. 3 in force at 31.12.1981, see reg. 1

(1)

As amended by S.I. 1978/233, 1235, 1263 and 1317, 1979/843, 1062, 1980/140, 139, 287, 610, 880, 1166 and 1789 and 1981/261, 697, 915, 1189.

(2)

As amended by S.I. 1973/1006, 1975/239, 245 and 1494, 1977/1560, 1978/1261, 1262, 1979/803, 1980/116 and 1855 and 1981/1042.