1997 No. 81
The Motor Vehicles (Tests) (Amendment) Regulations 1997
Made
Laid before Parliament
Coming into force
The Secretary of State for Transport, in exercise of the powers conferred by sections 45 and 46 of the Road Traffic Act 19881 and the Department of Transport (Fees) Order 19882, and of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:–
Citation and commencement1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) Regulations 1997 and shall come into force on 3rd March 1997.
Preliminary2
The Motor Vehicles (Tests) Regulations 19813 shall be further amended in accordance with the following provisions of these Regulations.
Amendment to regulation 3 (interpretation)3
1
Regulation 3(1) shall be amended as follows.
2
For the definition of “goods vehicle testing station” there shall be substituted–
“goods vehicle testing station” means a station provided by the Secretary of State under section 52(2) of the Road Traffic Act 1988;
3
For the definition of “vehicle testing station” there shall be substituted–
“vehicle testing station” means premises at which the Secretary of State has authorised an examiner to carry out examinations, premises provided by a designated council or the Secretary of State for carrying out examinations, or premises for the time being designated by the Secretary of State under section 8(3) of the 1981 Act4.
4
After the definition of “normal working week” there shall be inserted the following definition–
“out of hours” means at any time either–
- a
on any day which is a Saturday, Sunday, Good Friday, Christmas Day or a Bank holiday (as defined in the Banking and Financial Dealings Act 1971)5; or
- b
on any other day, other than between–
- i
8.00 am and 5.00 pm on a Monday to Thursday inclusive, or
- ii
8.00 am and 4.30 pm on a Friday;
Amendments relating to fees4
1
In regulation 20(1)(e)(i) for “12” there shall be substituted “16” and for “£40.30” there shall be substituted “£39.70”.
2
For paragraph (2A) of regulation 20 there shall be substituted the following paragraphs–
2A
Subject to paragraph (2B), where, in the case of a vehicle in Class VI, the time appointed for an examination is, at the applicant’s request, out of hours, the fee payable for the examination shall be increased by £27.50 in the case of a vehicle which is constructed or adapted to carry more than 16 passengers, and £20.00 in any other case, such additional amount being payable at or before the time of the appointment.
2B
Where, in the case of a vehicle in Class VI, the vehicle testing station appointed for an examination is, at the applicant’s request, one which was designated under section 8(3) of the 1981 Act after 10th April 1995, the fee payable for the examination shall be increased, or, in a case where paragraph (2A) applies, further increased, by £6.25, such additional amount being payable at or before the time of the appointment.
3
For paragraph (4) of regulation 20 there shall be substituted the following paragraph–
4
Where, on an examination of a vehicle of a description specified in column 1 of the Table, it is found that some or all of the prescribed statutory requirements are not complied with, or when, in the circumstances mentioned in regulation 16, a full examination of the braking system or systems of the vehicle is not carried out, then the fee payable in respect of a further examination–
a
subject to sub-paragraph (c), in a case where the time appointed for the further examination is, at the applicant’s request, out of hours, shall be as shown in column 3 of the Table in relation to a vehicle of that description;
b
subject to sub-paragraph (c), in a case where the vehicle testing station appointed for an examination is, at the applicant’s request, one which was designated under section 8(3) of the 1981 Act after 10th April 1995, shall be as shown in column 4 of the Table in relation to a vehicle of that description;
c
in a case where both sub-paragraph (a) and (b) apply, shall be as shown in column 5 of the Table in relation to a vehicle of that description, and
d
in any other case, shall be as shown in column 2 of the Table in relation to a vehicle of that description.
TABLEFEES RELATING TO THE RE-EXAMINATION OF VEHICLES IN CLASS VI
Column 1
Column 2
Column 3
Column 4
Column 5
Description of Vehicle
Normal Fee
Out of Hours Fee
Designated Premises Fee
Out of Hours at Designated Premises Fee
Vehicles in Class VI constructed or adapted to carry more than 16 passengers.
a
£19.00, if the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate, or
b
£39.70, in any other case.
a
£32.75, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£67.20, in any other case.
a
£22.50, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£45.95, in any other case.
c
£36.25, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£73.45, in any other case.
Other vehicles in Class VI
a
£13.60, if the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate, or
b
£28.20, in any other case.
a
£23.60, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£48.20, in any other case
a
£17.10, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£34.45, in any other case.
a
£27.10, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£54.45, in any other case.
Signed by authority of the Secretary of State for Transport
(This note is not part of the Regulations)