The Motor Vehicles (Tests) (Amendment) (No. 3) Regulations 2003

Statutory Instruments

2003 No. 1815

ROAD TRAFFIC

The Motor Vehicles (Tests) (Amendment) (No. 3) Regulations 2003

Made

14th July 2003

Laid before Parliament

21st July 2003

Coming into force

11th August 2003

The Secretary of State for Transport, in exercise of the powers conferred by sections 45 and 46 of the Road Traffic Act 1988(1) and by virtue of the Department of Transport (Fees) Order 1988(2), and in exercise 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 commencement

1.  These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No. 3) Regulations 2003 and shall come into force on 11th August 2003.

Preliminary

2.  The Motor Vehicles (Tests) Regulations 1981(3) shall be further amended as follows.

Amendments to regulation 20 (fees for examinations)

3.—(1) Regulation 20 shall be amended as follows.

(2) In the provisions specified in column (1) of the following Table for the amounts specified in column (2) there shall be substituted the amounts specified in column (3).

TABLE

(1)	(2)	(3)
Regulation	Existing Amount (£)	Substituted Amount (£)
20(1)(e)(i)	52.00	59.00
20(1)(e)(ii)	37.00	42.00
20(1)(ea)(i)	52.00	59.00
20(1)(ea)(ii)	37.00	42.00
20(2A)	31.00	35.00
	22.00	25.00
20(2B)	8.00	9.00

(3) In the Table in paragraph (4), for the amounts specified in column (1) of the Table below there shall be substituted the amounts specified in column (2).

TABLE

(1)	(2)	(1)(Cont)	(2)(Cont)	(1)(Cont)	(2)(Cont)
Existing Amount (£)	Substituted Amount (£)	Existing Amount (£)	Substituted Amount (£)	Existing Amount (£)	Substituted Amount (£)
25.00	28.00	60.00	68.00	37.00	42.00
41.00	47.00	91.00	103.00	59.00	67.00
29.50	33.50	18.00	20.00	45.00	51.00
45.50	52.50	30.00	34.00	67.00	76.00
52.00	59.00	22.50	25.50
83.00	94.00	34.50	39.50

(4) In paragraph (5B)(ii), for “the fee shall be reduced to £1.50 (the balance of any sum paid in respect of the fee being refundable)” substitute “any sum paid by him in respect of such a previous application for an examination shall be returned”.

Signed by authority of the Secretary of State

David Jamieson

Parliamentary Under Secretary of State,

Department for Transport

14th July 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”.

Regulation 3 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 Classes VI and VIA vehicles are payable from 11th August 2003. The new fees are as follows for testing Classes VI and VIA vehicles (public service vehicles other than those of a type specified in regulation 5(3) of the 1981 Regulations 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) (The percentage increases are shown in brackets).

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 22 passengers.	59 (13.5%)	94 (13.2%)	68 (13.3%)	103 (13.2%)
Examination under regulation 12 in any other case.	42 (13.5%)	67 (13.5%)	51 (13.3%)	76 (13.4%)
Re-examination of a vehicle constructed or adapted to carry more than 22 passengers, within 14 days of previous examination.	28 (12%)	47 (14.6%)	33.50 (13.5%)	52.50 (15.4%)
Re-examination of a vehicle constructed or adapted to carry more than 22 passengers, later than 14 days after previous examination.	59 (13.5%)	94 (13.2%)	68 (13.3%)	103 (13.2%)
Re-examination of any other vehicle within 14 days of previous examination.	20 (11.1%)	34 (13.3%)	25.50 (13.3%)	39.50 (14.5%)
Re-examination of any other vehicle later than 14 days after previous examination.	42 (13.5%)	67 (13.5%)	51 (13.3%)	76 (13.4%)

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

Regulation 3(4) amends regulation 20(5B)(ii) by providing for the return to the applicant of any sum paid by him in respect of specified previous applications for an examination of the same kind.

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: 020 − 7944 2455). A copy has been placed in the library of each House of Parliament.

(1)

1988 c. 52. Section 45 was amended by paragraph 52 of Schedule 4 to the Road Traffic Act 1991 (c. 40), and by Section 1 of the Road Traffic (Vehicle Testing) Act 1999 (c. 12). Section 46 was substituted by Section 2 of the Road Traffic (Vehicle Testing) Act 1999.

(2)

S.I. 1988/643, which was made under section 102 of the Finance (No.2) Act 1987 (c. 51). The relevant amending instrument is S.I. 2003/1094 and the relevant entry in Table III of Schedule 1 is item 1.

(3)

S.I. 1981/1694; relevant amending instuments are 1984/1126, 1989/1694, 1991/1525 and 2229, 1992/1609 and 3160, 1995/2438, 1997/81, 1998/1672, 1999/2199, 2000/1432 and 2322, 2001/1648 and 3330, 2002/488, 1698, 2003/1113 and 2003/1698.