s 90 Test of satisfactory condition of vehicle
90. —(1) The Authority may make rules for the examination of any motor vehicle and for the issue, where the vehicle is found on the examination to comply with the prescribed requirements relating to its construction and condition, to the identification marks and signs carried by or fixed on it and the seals of those marks and signs, and to the markings on it, of a certificate (called in this Act a test certificate) that at the date of the examination those requirements were complied with. [4/2006] (1A) An examination under this section of a motor vehicle for the purposes of the issue of a test certificate in respect of the motor vehicle may include the examiner accepting, in lieu of an examination, any certificate that — ( a ) is issued by another person or authority as are prescribed; and ( b ) concerns the prescribed requirements relating to the construction, equipment and condition of the motor vehicle, to the identification marks and signs carried by or fixed on the motor vehicle and the seals of those marks and signs, and to the markings on the motor vehicle. [10/2017] (2) An examination for the purposes of this section must be carried out by a person authorised by the Registrar (called in this section an authorised examiner). (3) Where a test certificate is refused, the authorised examiner must specify the grounds of the refusal, and a person aggrieved by the refusal may appeal to the Registrar, and on the appeal the Registrar must cause a further examination to be made and may issue or refuse to issue a test certificate. (4) The Authority may make rules for the purpose of giving effect to this section and, in particular, as to — ( a ) the authorisation of an authorised examiner, the conditions to be complied with by an authorised examiner and the withdrawal of the authorisation; ( b ) the manner in which, the conditions under which and the apparatus with which an examination of a motor vehicle is to be carried out, and the maintenance of that apparatus in an efficient state; ( c ) the inspection of premises at which and the apparatus with which an examination of a motor vehicle is being, or is to be, carried out; ( d ) the fee to be paid for the examination of a motor vehicle; ( e ) the additional fee to be paid for any further examination of a motor vehicle where the vehicle is found, after a previous examination, not to comply with any prescribed requirement mentioned in subsection (1); ( f ) the manner in which an application may be made for the examination of a motor vehicle; ( g ) the manner in which and time within which an appeal may be brought under subsection (3); ( h ) the fee to be paid on an appeal under subsection (3) and the repayment of the fee or part thereof where it appears to the Registrar that there were substantial grounds for the appeal; ( i ) the form of, and particulars to be contained in, a test certificate; ( j ) the issue of a copy of a test certificate that is lost or defaced and the fee payable therefor; ( k ) the keeping by an authorised examiner of a register of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such register by such person and in such circumstances as may be prescribed; ( l ) the keeping of records by an authorised examiner and the furnishing of returns and information to the Registrar by the authorised examiner; and ( m ) the submission to the Authority of documents specified by the Authority in support of any matter examined. [4/2006] (5) Rules made under this section may make different provisions in respect of different vehicles or classes of vehicles. —(1) The Authority may make rules for the examination of any motor vehicle and for the issue, where the vehicle is found on the examination to comply with the prescribed requirements relating to its construction and condition, to the identification marks and signs carried by or fixed on it and the seals of those marks and signs, and to the markings on it, of a certificate (called in this Act a test certificate) that at the date of the examination those requirements were complied with. [4/2006] (1A) An examination under this section of a motor vehicle for the purposes of the issue of a test certificate in respect of the motor vehicle may include the examiner accepting, in lieu of an examination, any certificate that — ( a ) is issued by another person or authority as are prescribed; and ( b ) concerns the prescribed requirements relating to the construction, equipment and condition of the motor vehicle, to the identification marks and signs carried by or fixed on the motor vehicle and the seals of those marks and signs, and to the markings on the motor vehicle. [10/2017] (2) An examination for the purposes of this section must be carried out by a person authorised by the Registrar (called in this section an authorised examiner). (3) Where a test certificate is refused, the authorised examiner must specify the grounds of the refusal, and a person aggrieved by the refusal may appeal to the Registrar, and on the appeal the Registrar must cause a further examination to be made and may issue or refuse to issue a test certificate. (4) The Authority may make rules for the purpose of giving effect to this section and, in particular, as to — ( a ) the authorisation of an authorised examiner, the conditions to be complied with by an authorised examiner and the withdrawal of the authorisation; ( b ) the manner in which, the conditions under which and the apparatus with which an examination of a motor vehicle is to be carried out, and the maintenance of that apparatus in an efficient state; ( c ) the inspection of premises at which and the apparatus with which an examination of a motor vehicle is being, or is to be, carried out; ( d ) the fee to be paid for the examination of a motor vehicle; ( e ) the additional fee to be paid for any further examination of a motor vehicle where the vehicle is found, after a previous examination, not to comply with any prescribed requirement mentioned in subsection (1); ( f ) the manner in which an application may be made for the examination of a motor vehicle; ( g ) the manner in which and time within which an appeal may be brought under subsection (3); ( h ) the fee to be paid on an appeal under subsection (3) and the repayment of the fee or part thereof where it appears to the Registrar that there were substantial grounds for the appeal; ( i ) the form of, and particulars to be contained in, a test certificate; ( j ) the issue of a copy of a test certificate that is lost or defaced and the fee payable therefor; ( k ) the keeping by an authorised examiner of a register of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such register by such person and in such circumstances as may be prescribed; ( l ) the keeping of records by an authorised examiner and the furnishing of returns and information to the Registrar by the authorised examiner; and ( m ) the submission to the Authority of documents specified by the Authority in support of any matter examined. [4/2006] (5) Rules made under this section may make different provisions in respect of different vehicles or classes of vehicles.