The Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Motor Vehicles (Tests) Regulations 1981. The 1981 Regulations make provision for certain motor vehicles to be examined by persons authorised by the Secretary of State (“examiners”) and for test certificates to be issued for vehicles that are found to meet certain requirements.

Regulation 9 of the 1981 Regulations is amended so as to give the Secretary of State power to give an examiner notice that a specified person has not attended a course when required to do so by the Secretary of State or has attended such a course when required to do so but did not successfully complete it. On receipt of the notice the examiner is required to arrange that the person no longer carries out or supervises examinations, or signs test certificates.

Regulation 10(5) of the 1981 regulations gives the Secretary of State power to give an examiner notice terminating his authorisation to carry out tests for the purposes of section 45 of the Road Traffic Act 1988. It was previously provided that if the date on which the authorisation was to terminate was less than 28 days from the date of the notice, the notice must state that the Secretary of State considers it necessary that the notice should have early effect. These Regulations extend the 28 day period to 35 days.

Regulation 13 of the 1981 Regulations sets out a list of cases where an examiner is under no obligation to carry out or continue with an examination. The regulation is amended by adding three new cases. They are cases where: the vehicle emits a substantial amount of avoidable smoke; items such as bonnets, tailgates etc. cannot readily be opened; and where an examination cannot be carried out without risk of injury or damage.

Regulation 20 of the 1981 Regulations enables a re-examination to be carried out free of charge after a failure if the re-examination is on the same or the next day, at the same station as the original examination and limited to certain items. The amendments extend the list of items.

Fees payable for test examinations are increased as follows—

(a) vehicles in Class I (motor bicycles not having a side car attached), from £11.14 to £11.52;

(b) vehicles in Class II (motor bicycles with a side car attached), from £18.78 to £19.42;

(c) vehicles in Class III (“light motor vehicles” other than motor bicycles), from £21.98 to £22.74;

(d) vehicles in Class IV (“motor cars” and “heavy motor cars” not being vehicles within Classes III, V, VI, or VII), from £26.10 to £27.38;

(e) vehicles in Class V (“large passenger-carrying vehicles”, particular public service vehicles and “play buses”), from £33.04 to £34.18; and

(f) vehicles in Class VII (goods vehicles with a design gross weight of more than 3,000 kgs but not more than 3,500 kgs), from £28.84 to £29.84.

• The fee payable on an appeal, where a notice of the refusal of a test certificate has been issued, is the same amount as the fee payable under regulation 20(1), while the fee for a duplicate test certificate is one half of this amount. These fees are to be increased accordingly.

Drafting amendments have been made to reflect the amendment to section 45(3) of the Road Traffic Act 1988 made by the Road Traffic Act 1991.

A compliance cost assessment has been prepared and copies can be obtained from the Department of Transport, Zone 2105, Great Minster House, 76 Marsham Street, London SW1P 4DR. A copy has been placed in the library of each House of Parliament.