Explanatory Note

(This note is not part of the Regulations)

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

The amendments involve—

1.  the introduction into the ‘MOT’ test of—

(a) an annual check of the condition of all seat belts fitted to vehicles in Classes III to VII, other than those fitted in accordance with regulation 47 of the Motor Vehicles (Construction and Use) Regulations 1986, and their anchorages (“the condition check”); and

(b) a single check of the quality of installation of all forward facing seat belts fitted to vehicles in new Classes IVA, VA and VIA, other than child restraints, disabled persons belts or those fitted in accordance with the said regulation 47, and their anchorages (“the installation check”);

2.  prescribing the fees payable for the revised ‘MOT’ tests; and

3.  altering other fees and charges.

• Regulation 3 makes consequential amendments to regulation 3 (interpretation) of the 1981 Regulations and corrects a cross-reference.

• Regulations 4 and 14 introduce the condition check and the installation check as prescribed statutory requirements for the purposes of the ‘MOT’ test.

• Regulation 5 introduces three new ‘MOT’ test Classes IVA, VA and VIA for the purpose of the installation check. In practice these will cover minibuses, buses and coaches. With the exception of vehicles in respect of which either a certificate of initial fitness has been issued on or after 1st August 1998 or certain type approval requirements relating to seat belts and anchorages are met, vehicles which formerly would have come within Class IV, V or VI and which are fitted with relevant seat belts will now come within Class IVA, VA or VIA. Once these vehicles have passed the installation check they will revert to their former Class for the purpose of subsequent tests but will return to their respective ‘A’ Class if further relevant seat belts are fitted so that a further installation check can be carried out.

• Regulations 6, 7, 8, 9 and 10 make consequential amendments.

• Regulation 11 makes amendments to regulation 20 (fees for examinations) of the 1981 Regulations.

• The fees (last fixed on 1st August 1997 except for the ‘A’ Class fees which are new) payable for test examinations from 1st August 1998 (with, where applicable, the percentage increase shown in brackets), other than in the case of Class VI or VIA vehicles, are as follows—

  (a)

  motor bicycles not having a side car attached, £12.74 (3.3%);

  (b)

  motor bicycles with a side car attached, £21.28 (3.1%);

  (c)

  vehicles in Class III (“light motor vehicles” other than motor bicycles), £25.02 (3.7%);

  (d)

  vehicles in Class IV (“motor cars” and “heavy motor cars” not being vehicles within Classes III, IVA, V, VA, VI, VIA or VII)—

  (i)

  £32.62 (10.9%) if the vehicle is a minibus, and

  (ii)

  £30.87 (4.9%) in any other case;

  (e)

  vehicles in Class IVA (“minibuses”, other than those excluded by virtue of a certificate of initial fitness issued on or after 1st August 1998 or compliance with certain type approval requirements, not being vehicles within Classes III, V, VA, VI or VIA, in respect of which any forward-facing seat is fitted with a relevant seat belt), £37.26;

  (f)

  vehicles in Class V (“large passenger-carrying vehicles”, particular public service vehicles and “play buses” not being vehicles within Class VA)—

  (i)

  £51.88 (43.5%) if the vehicle is constructed or adapted to carry more than 16 passengers, and

  (ii)

  £38.08 (5.3%) in any other case;

  (g)

  vehicles in Class VA (“large passenger-carrying vehicles”, particular public service vehicles and “play buses”, other than those excluded by virtue of a certificate of initial fitness issued on or after 1st August 1998 or compliance with certain type approval requirements, in respect of which any forward-facing seat is fitted with a relevant seat belt)—

  (i)

  £74.60 if the vehicle is constructed or adapted to carry more than 16 passengers, and

  (ii)

  £46.55 in any other case; and

  (h)

  vehicles in Class VII (goods vehicles with a design gross weight of more than 3,000 kgs but not more than 3,500 kgs), £32.77 (3.7%).

• The fees payable from 1st August 1998 (with the percentage increase shown in brackets) for testing Class VI vehicles (public service vehicles other than those of a type specified in regulation 5(3) of the 1981 Regulations) are as follows.

  Nature of Examination	Normal	Out of Hours	Designated premises	Out of Hours at Designated Premises
  Examination under regulation 12 of the 1981 Regulations of a vehicle constructed or adapted to carry more than 16 passengers.	£45.90 (15.6%)	£73.40 (9.2%)	£52.15 (13.5%)	£79.65 (8.4%)
  Examination under regulation 12 in any other case.	£32.70 £16.0%)	£52.70 (9.3%)	£38.95 (13.0%)	£58.95 (8.3%)
  Re-examination of a vehicle constructed or adapted to carry more than 16 passengers, within 14 days of previous examination.	£23.00 (21.1%)	£36.70 (12.1%)	£26.50 (17.8%)	£40.20 (10.9%)
  Re-examination of a vehicle constructed or adapted to carry more than 16 passengers, later than 14 days after previous examination.	£45.90 (15.6%)	£73.40 (9.2%)	£52.10 (13.4%)	£79.60 (8.4%)
  Re-examination of any other vehicle within 14 days of previous examination.	£16.40 (20.6%)	£26.40 £11.9%)	£19.90 (16.4%)	£29.90 (10.3%)
  Re-examination of any other vehicle later than 14 days after previous examination.	£32.70 (16.0%)	£52.70 (9.3%)	£38.90 (12.9%)	£58.90 (8.2%)

• The fees payable from 1st August 1998 for testing Class VIA vehicles (public service vehicles, other than those of a type specified in regulation 5(3) and those excluded by virtue of a certificate of initial fitness issued on or after 1st August 1998 or compliance with certain type approval requirements, in respect of which any forward facing seat is fitted with a relevant seat belt) are as follows.

  Nature of Examination	Normal	Out of Hours	Designated premises	Out of Hours at Designated Premises
  Examination under regulation 12 of the 1981 Regulations of a vehicle constructed or adapted to carry more than 16 passengers.	£76.90	£104.40	£83.15	£110.65
  Examination under regulation 12 in any other case.	£42.00	£62.00	£48.25	£68.25
  Re-examination of a vehicle constructed or adapted to carry more than 16 passengers, within 14 days of previous examination.	£36.10	£49.80	£39.60	£53.30
  Re-examination of a vehicle constructed or adapted to carry more than 16 passengers, later than 14 days after previous examination.	£76.90	£104.40	£83.10	£110.60
  Re-examination of any other vehicle within 14 days of previous examination.	£19.40	£29.40	£22.90	£32.90
  Re-examination of any other vehicle later than 14 days after previous examination.	£42.00	£62.00	£48.20	£68.20

• Regulation 12 amends regulation 23 (duplicate test certificates) of the 1981 Regulations so as to introduce a single fee of £10.00 for the issue of a duplicate test certificate except in a case where the fee would be less than that amount if calculated as half of the relevant fee specified in regulation 20(1) of those Regulations.

• Regulation 13 increases the fee payable for the supply of 100 forms of test certificate from £49.00 to £58.00 (18.4%).

• In the case of the vehicles mentioned above, the fee payable on an appeal against a notice of the refusal of a test certificate, is the same amount as the fee payable under regulation 20(1) of the 1981 Regulations. These fees will be increased accordingly.

• A compliance cost assessment has been prepared and copies can be obtained from the Department of the Environment, Transport and the Regions, Zone 2/05, Great Minster House, 76 Marsham Street, London SW1P 4DR (Telephone [phone]). A copy has been placed in the library of each House of Parliament.

• Copies of the ECE Regulation and Community Instruments referred to in these Regulations may be obtained from the Stationery Office. The details are set out in the Table below.

  ECE REGULATIONS

  Principal Instrument

  Amending Instruments

  Regulation 14 dated 30th January 1970 and annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958 (Cmnd 2535) as amended (Cmnd 3562) to which the United Kingdom is a party by an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963.

  Revised on 28th April 1976, corrected on 4th August 1977, on 19th July 1978 and in September 1979, amended and corrected on 22nd November 1984, amended on 25th February 1985, corrected on 31st December 1985, revised on 16th December 1992 and corrected on 19th November 1993 and on 3rd March 1994.

  DIRECTIVES

  Principal Instrument	Amending Instrument
  Council Directive 70/156/EEC (OJ No. L42, 23.2.70, p.1).	Council Directive 87/403/EEC (OJ No. L220, 8.8.87, p.44);
  	Council Directive 92/53/EEC (OJ No. L225, 10.8.92, p.6);
  	Commission Directive 93/81/EEC (OJ No. L264, 23.10.93, p.49); and
  	Commission Directive 98/14/EC (OJ No. L91, 25.3.98, p.1).
  Council Directive 76/115/EEC (OJ No. L24, 30.1.76, p.6).	Council Directive 81/575/EEC (OJ No. L209, 29.7.81, p.30);
  	Commission Directive 82/318/EEC (OJ No. L139, 19.5.82, p.9);
  	Commission Directive 90/629/EEC (OJ No. L341, 6.12.90, p.1); and
  	Commission Directive 96/38/EC (OJ No. L187, 26.7.96, p.95).
  Council Directive 77/541/EEC (OJ No. L220, 29.8.77, p.95)	Council Directive 81/575/EEC (OJ No. L209, 29.7.81, p.32);
  	Commission Directive 82/319/EEC (OJ No. L139, 19.5.82, p.9);
  	Commission Directive 90/628/EEC (OJ No. L341, 6.12.90, p.1); and
  	Commission Directive 96/36/EC (OJ No. L178, 17.7.96, p.15).

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