The Motor Vehicles (Tests) (Amendment) (No.2) Regulations 2003

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. These certificates are commonly referred to as “MOT Certificates”.

Regulations 3, 4 and 8(3) make amendments to regulations 3, 12 and 25A of the 1981 Regulations to correct errors in S.I. 2003/1113. The amendment to regulation 3 (regulation 3) provides that the term “proper officer”, in relation to a designated council in Scotland, is to have the same meaning as in section 235(3) of the Local Government (Scotland) Act 1973. The amendment to regulation 12 (regulation 4) provides for references in paragraph (3)(c) to be to “authorised examiners”. The amendment to regulation 25A(4) and (5) (regulation 8(3) and (4)) secures the free replacement of items of apparatus connected with the operation of the electronic record where the apparatus was defective when supplied.

Regulation 5 substitutes a new regulation 13 (requirements as to vehicles submitted for examinations). The main change is a new regulation 13(1)(m) to cover the circumstances in which an examiner, section 66A examiner, inspector or nominated tester is not able to open and examine recording equipment relating to the vehicle.

Regulation 6 makes amendments to regulation 20 (fees for examinations) of the 1981 Regulations. Regulation 20 of the 1981 Regulations prescribes the fees payable for examinations of vehicles pursuant to applications made under regulation 12 of those Regulations.

The increased fees for testing vehicles other than those in Classes VI or VIA are payable from 1st August 2003. The new fees are as follows, with the percentage increase since the fees were last fixed being shown in brackets—

(a) motor bicycles without a side car, from £14.65 to £15.20 (3.75%);

(b) motor bicycles with a side car, from £24.05 to £24.85 (3.33%);

(c) vehicles in Class III (“light motor vehicles” other than motor bicycles), from £28.15 to £29 (3.02%);

(d) vehicles in Class IV (“motor cars” and “heavy motor cars” not being vehicles within Class III, IVA,

V, VA, VI, VIA, or VII)—

(i) from £41.10 to £42.65 (3.77%) if the vehicle is a minibus, and

(ii) from 39.25 to £40.75 (3.82%) in any other case;

(e) vehicles in Class IVA (being minibuses which are not within Class IV; the vehicles in this Class cover “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 Class III, V or VA in respect of which any forward facing seat is fitted with a relevant seat belt), from £46.20 to £47.85 (3.57%).

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

(i) from £60.35 to £61.95 (2.65%) if the vehicle is constructed or adapted to carry more than 16 passengers, and

(ii) from £44.45 to £45.70 (2.81%) 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) from £93.30 to £95.65 (2.52%) if the vehicle is constructed or adapted to carry more than 16 passengers, and

(ii) from £60.20 to £61.80 (2.66%) in any other case; and

(h) vehicles in Class VII (goods vehicles with a design gross weight of more than 3,000 kg but not more than 3,500 kg), from £43.15 to £44.40 (2.90%).

In the case of the vehicles mentioned above, under regulation 21 of the 1981 Regulations, the fee payable on an appeal against a notice of the refusal of a test certificate is the same amount as the fee payable for the examination. In the case of vehicles mentioned above, under regulation 23 of the 1981 Regulations, the fee for a duplicate test certificate is £10, except in the case of a motor bicycle without a side car where it is half the fee for a test of the vehicle.

Regulation 7(2) amends regulation 25(1) (forms) by substituting “ £1.44” for “£1.19” in respect of an entry in the electronic record. Regulation 7(3) provides that to the extent that the amendments made to regulation 25 of the 1981 Regulations by 21 of the Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113) do not apply by virtue of regulation 24(1) of those Regulations, “£144” shall be substituted for “£119” (the charge for the supply of 100 forms of test certificate).

Regulations 8(2) and 10 amend regulation 25A of, and Schedule 3 to, the 1981 Regulations by specifying the circumstances in which charges are imposed for second (or subsequent) visits to vehicle testing stations for assessment, repair or replacement of apparatus associated with the electronic record. It is not expected that these provisions will apply until 2004.

Regulation 9(2) substitutes a new table 1(a) in Schedule 2 to the 1981 Regulations (the prescribed statutory requirements for vehicles in Classes I and II). The previous items 1 to 6 are retained and three new items are inserted: items 4A (fuel tanks and pipes), 5A (vehicle identification number) and 6A (clutch lever and throttle control).

Regulation 9(3) inserts a new paragraph 1(c) in Schedule 2 to the 1981 Regulations (the prescribed statutory requirements for vehicles in Classes I and II). The table specifies item 13A and lists relevant regulations affecting Rear Registration Plates and Marks in the Road Vehicles (Display of Registration Marks) Regulations 2001.

Regulation 9(4) substitutes a new paragraph 2(d) in Schedule 2 of the 1981 Regulations (the prescribed statutory requirements for vehicles in Class III). The table includes item 27 which lists relevant regulations affecting Registration Plates and Marks in the Road Vehicles (Display of Registration Marks) Regulations 2001.

A regulatory impact assessment has been prepared and copies can be obtained from the Department for Transport, 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.