The Goods Vehicles (Plating and Testing) Regulations 1988

• Citation: S.I. 1988/1478
• Sections: 107

Section 1 Citation and commencement

These Regulations may be cited as the Goods Vehicles (Plating and Testing) Regulations 1988 and shall come into force on 23rd September 1988.

Section 2 Revocation

The Regulations specified in Schedule 4 are hereby revoked.

Section 3 Interpretation

(1) In these Regulations, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:—

“the 1971 Act ” means the Vehicles (Excise) Act 1971 ;

“the Construction and Use Regulations ” means the Road Vehicles (Construction and Use) Regulations 1986 ;

“the National Type Approval for Goods Vehicles Regulations ” means the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 ;

“agricultural motor vehicle”, “agricultural trailer”, “agricultural trailed appliance”, “agricultural trailed appliance conveyor”, “articulated vehicle”, “converter dolly”, “dual-purpose vehicle”, “engineering plant”, “exhaust system,” “Ministry plate”, “registered”, “semi-trailer”, “straddle carrier”, “track-laying”, “works trailer”, and “works truck” have the same meanings respectively as in the Construction and Use Regulations;

“the 1988 Act ” means the Road Traffic Act 1988

“appeal officer” means the person appointed by the Secretary of State for the purposes of appeals to the Secretary of State;

“appropriate day”, means—

in relation to a category T tractor, the last day of the calendar month in which falls the fourth anniversary of the date on which it was registered;

in relation to a vehicle which is a motor vehicle (other than a category T tractor) , the last day of the calendar month in which falls the first anniversary of the date on which it was registered; and

in relation to a vehicle which is a trailer, the last day of the calendar month in which falls the first anniversary of the date on which it was first sold or supplied by retail;

...

“auxiliary station” means a vehicle testing station which is regularly not open for the carrying out of re-tests on certain normal working days;

“break-down vehicle” means a motor vehicle—

on which is permanently mounted apparatus designed for raising one disabled vehicle partly from the ground and for drawing that vehicle when so raised; and

which is not equipped to carry any load other than articles required for the operation of, or in connection with, that apparatus or for repairing disabled vehicles;

“design gross weight” means—

in the case of a vehicle equipped with a Ministry plate, the weight shown thereon as the design weight or, if no weight is so shown thereon, the weight shown thereon as the weight not to be exceeded in Great Britain;

in the case of a vehicle which is not equipped aith a Ministry plate, but which is equipped with a plate in accordance with regulation 66 of the Construction and Use Regulations, the maximum gross weight shown on the plate in respect of item 7 of Part I of Schedule 8 to those Regulations; and

in any other case, the weight which the vehicle is designed or adapted not to exceed when in normal use and travelling on a road laden;

“examination” means any operation being—

a first examination;

a re-test;

a periodical test;

a re-examination under regulation 33; or

an examination or re-examination for the purposes of an appeal against a determination made under these Regulations;

“first examination” means an examination or, as the case may be, examinations for which a vehicle is submitted under regulation 9;

“Goods Vehicle Centre” means the Goods Vehicle Centre at such office of the Driver and Vehicle Standards Agency as the Secretary of State may direct .

“living van” means a vehicle whether mechanically propelled or not which is used as living accommodation by one or more persons, and which is also used for the carriage of goods or burden which are not needed by such one or more persons for the purpose of their residence in the vehicle;

“Ministry test date disc” means a plate issued by the Secretary of State for a goods vehicle being a trailer, following the issue of a goods vehicle test certificate for that trailer under these Regulations and containing—

the identification mark allotted to that trailer and shown in that certificate;

the date until which that certificate is valid; and

the number of the vehicle testing station shown in the said certificate;

“notifiable alteration”, in relation to a vehicle, means—

an alteration made in the structure or fixed equipment of the vehicle which varies the carrying capacity or towing capacity of the vehicle;

an alteration, affecting any part of a braking system or the steering system with which the vehicle is equipped or of the means of operation of either of those systems; or

any other alteration made in the structure or fixed equipment of the vehicle which renders or is likely to render the vehicle unsafe to travel on roads at any weight equal to any plated weight shown in the plating certificate for that vehicle.

“out of hours” means at any time either–

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); or

on any other day, other than between 6.00 am and 8.00 pm;

“periodical test”, in relation to a vehicle, means a goods vehicle test carried out under Part IV of these Regulations on a vehicle in respect of which a goods vehicle test certificate has been issued on a first examination of it or as a result of a re-test following that examination or as a result of an appeal under any provision in these Regulations;

“plated particulars” means those particulars which are required to be shown in a Ministry plate under Schedule 10B to the Construction and Use Regulations ;

“plated weights” means such of the plated particulars related to gross weight, axle weight for each axle and train weight as are required to be shown in column (2) on the Ministry plate;

“play bus” means a motor vehicle which was originally constructed to carry more than 12 passengers but which has been adapted primarily for the carriage of play things for children (including articles required in connection with the use of those things);

“the prescribed construction and use requirements”, in relation to a vehicle, means those of the requirements specified in Part I of Schedule 3 which apply to the vehicle and the requirements of Part II of that Schedule;

“re-test”, in relation to a vehicle, means an examination which is

an examination for plating and a goods vehicle test carried out on a vehicle under Part III of these Regulations subsequent to a first examination of that vehicle as a result of which a notice of refusal was issued; or

a goods vehicle test carried out on a vehicle under Part IV of these Regulations subsequent to a periodical test of that vehicle as a result of which a notice of refusal was issued;

“ Secretary of State ” means the Secretary of State for Transport;

“sender” means a person who informs the Secretary of State of a notifiable alteration under regulation 30;

“sold or supplied by retail”, in relation to a trailer, means sold or supplied otherwise than to a person acquiring solely for the purpose of resale or of resupply for a valuable consideration;

...

“vehicle testing station” means a station provided by the Secretary of State under section 52(2)(a) of the 1988 Act, or a premises designated for testing under section 52(2)(b) of that Act .

(2) Any reference in these Regulations to—

(a) an examination for plating includes, in relation to a vehicle to which regulation 18 applies, an examination provided for in that regulation; and

(b) a vehicle of a make, model and type shall in relation to a trailer, include a reference to a vehicle of a make and bearing a serial number.

(3) For the purpose of these Regulations, in counting the number of axles of a vehicle, where the centres of the areas of contact between all the wheels and the road surface can be included between any two vertical planes at right angles to the longitudinal axis of the vehicle less than 0.5 metres apart, those wheels shall be treated as constituting one axle.

(4) For the purpose of these Regulations, in determining when a trailer is first sold or supplied by retail the date of such first sale or supply by retail shall in the case of a trailer which is constructed with a chassis be taken to be the date on which the chassis (with or without a body mounted on it) is first sold or supplied by retail and in the case of any other trailer be taken to be the date the trailer is first sold or supplied by retail.

(4A) Without prejudice to section 17 of the Interpretation Act 1978 and subject to the context, a reference in these Regulations to any enactment comprised in subordinate legislation (within the meaning of that Act) is a reference to that enactment as from time to time amended or as from time to time re-enacted with or without modification.

(5) Unless the context otherwise requires, any reference in these Regulations to—

(a) a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations;

(b) a numbered paragraph is a reference to the paragraph bearing that number in the regulation or Schedule in which the reference appears;

(c) a vehicle is a reference to a vehicle to which these Regulations apply.

Section 4 Application

(1) Subject to paragraph (2), these Regulations apply to—

(a) goods vehicles being—

(i) heavy motor cars and motor cars constructed or adapted for the purpose of forming part of an articulated vehicle;

(ii) other heavy motor cars;

(iii) other motor cars, the design gross weight of which exceeds 3500 kilograms;

(iv) semi-trailers;

(v) converter dollies of any unladen weight manufactured on or after 1st January 1979; or

(vi) trailers, not being converter dollies or semi-trailers, the unladen weight of which exceeds 1020 kilograms;

(b) category N2, and category N3, vehicles which do not fall within paragraph (a);

(c) category O3, and category O4, vehicles which do not fall within paragraph (a);

(d) category T tractors which do not fall within paragraph (a).

(2) For the purposes of these Regulations, vehicles falling within paragraph (1)(b), (c) or (d) are treated as if they were goods vehicles, and any reference to a “goods vehicle” (other than in this paragraph and paragraph (1)), is to be construed accordingly.

(3) In these Regulations—

“category N2 vehicle” means a vehicle designed and constructed primarily for the carriage of goods and having a maximum weight exceeding 3.5 metric tons but not exceeding 12 metric tons;

“category N3 vehicle” means a vehicle designed and constructed primarily for the carriage of goods and having a maximum weight exceeding 12 metric tons;

“category O3 vehicle” means a trailer with a maximum weight exceeding 3.5 metric tons but not exceeding 10 metric tons;

“category O4 vehicle” means a trailer with a maximum weight exceeding 10 metric tons;

“category T tractor” means a vehicle in “category T” as defined in Article 4(1) of Regulation ( EU ) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles.

(4) Nothing in these Regulations applies to any vehicles specified in paragraph (1) which fall within any of the classes of vehicle specified in Schedule 2.

Section 5 Prescribed requirements for tests

(1) Subject to these Regulations, every vehicle submitted for a goods vehicle test in accordance with these Regulations shall be examined for the purpose of ascertaining whether the prescribed construction and use requirements are complied with.

(2) For the purposes of these Regulations the applicability of any of the prescribed construction and use requirements to a vehicle is not affected by Item 5 in the Table in regulation 4(4) of the Construction and Use Regulations (which exempts vehicles being used in the course of a goods vehicle test from certain construction and use requirements).

Section 6 Supervision of tests

Subject to these Regulations, every examination for plating and every goods vehicle test shall be carried out by or under the direction of a goods vehicle examiner.

Section 7 Authority to drive and duties of driver

(1) The person who drove the vehicle to an examination shall, except so far as he is permitted to be absent by the person who is carrying out the examination, be present throughout the whole of the examination, and shall drive the vehicle and operate its controls when and in such a manner as he may be directed by the person who is carrying out the examination to do so.

(2) The person who is carrying out an examination is authorised to drive the vehicle on a road or elsewhere.

(3) A contravention of this regulation is hereby declared to be an offence.

Section 8 Conditions of acceptance of vehicle.

(1) In this regulation, “examiner” means—

(a) in relation to an examination not being an examination for the purposes of an appeal against a determination under these Regulations, a vehicle examiner; or

(b) in relation to an examination for the purposes of an appeal against a determination under these Regulations, the appeal officer.

(2) An examiner shall not be under an obligation to accept a vehicle for examination or to proceed with an examination in any case where—

(a) the vehicle is not submitted for examination at the time fixed under these Regulations for the examination;

(b) the applicant for the examination does not, after being requested to do so, produce the notice of appointment (if any) relating to the examination and— i(i) in the case of a motor vehicle, either the registration document relating to the vehicle or other evidence of the date of its first registration or, in the case of a motor vehicle not registered before the date of the examination, evidence of the date of its manufacture; or (ii) in the case of a trailer, evidence of the date of its manufacture;

(c) the fee in respect of that examination has not been paid and is not tendered in cash;

(d) the particulars relating to the vehicle and shown in any application form relevant to that examination are found to be substantially incorrect;

(e) the vehicle is one as respects which it has been stated in the application form that it is to be used on roads to draw a trailer and in the last notice of appointment preceding the examination it was required that the vehicle should be accompanied by a trailer which is to be so drawn, and the vehicle is not accompanied by such a trailer;

(f) the vehicle is a trailer and is not accompanied by a motor vehicle suitable for drawing that trailer and capable of operating any braking system with which the trailer is equipped;

(g) there is not permanently affixed to the chassis or main structure of the vehicle in a conspicuous and easily accessible position so as to be readily legible either—

(i) the chassis or serial number shown in the registration document relating to the vehicle; or

(ii) if no such number is shown or exists, the identification mark allotted to the vehicle by the Secretary of State;

(h) the vehicle, or any motor vehicle by which it is accompanied, or any part of or any equipment of the vehicle is so dirty or dangerous as to make it unreasonable for the examination to be carried out in accordance with these Regulations or with any directions given under section 52(1) of the 1988 Act , or the applicant for the examination does not produce any certificate required in the last notice of appointment preceding the examination, that a vehicle used for carrying toxic, corrosive or inflammable loads has been properly cleaned or otherwise made safe;

(i) an examiner is not able to complete the examination without the vehicle or, in the case of a trailer the motor vehicle by which it is accompanied being driven and such vehicle or, as the case may be, accompanying vehicle is not provided with fuel and oil to enable it to be driven to such extent as may be necessary for the purpose of the examination;

(j) an examiner is not able to complete the examination of a trailer unless the motor vehicle by which it is accompanied is driven on a road, and that motor vehicle cannot be so driven in compliance with section 8 of the 1971 Act because no licence under that Act is in force for such vehicle;

(k) the vehicle or any trailer by which it is accompanied is not loaded or unloaded in the manner (if any) specified for the purposes of the examination ... in the last notice of appointment preceding the examination or as otherwise notified in writing by the Secretary of State ...;

(l) an examiner is not able to complete the examination due to the failure of a part of the vehicle, or of any vehicle by which it is drawn or intended to be drawn, which renders the vehicle, or any such accompanying vehicle incapable of being moved in safety under the power of the vehicle or, as the case may be, the accompanying vehicle;

(m) on the submission of a vehicle for a periodical test, or a re-test following a periodical test the driver of the vehicle or, in the case of a trailer, the driver of the vehicle which accompanies it, does not produce to an examiner the last plating certificate (or a photocopy of it) and the last goods vehicle test certificate (or a photocopy of it) which have been issued in respect of the vehicle submitted; ...

(n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(o) on the submission of the vehicle for a periodical test or a re-test following a periodical test, the Ministry plate issued in respect of the vehicle—

(i) is not affixed in accordance with regulation 70(1) of the Construction and Use Regulations; or

(ii) contains particulars which do not correspond to the vehicle to which it is affixed ...

(p) the vehicle or any motor vehicle by which it is accompanied emits substantial quantities of avoidable smoke ; ...

(q) the vehicle is a vehicle propelled by a compression ignition engine to which regulation 61(10BA) of the Construction and Use Regulations applies and the exhaust system has been so altered that the examiner is not able, with the facilities and apparatus available to him at the place at which the examination would otherwise be carried out, to determine whether Part II of Schedule 7B to those Regulations applies to the vehicle; or

(r) an examiner is not able to open and examine recording equipment fitted to the vehicle in accordance with the Community Recording Equipment Regulation.

Section 9 Dates by which vehicles are to be submitted for first examinations

(1) Every motor vehicle to which paragraph (3) or paragraph (3A) applies shall be submitted for a goods vehicle test on or before the appropriate day.

(2) Every motor vehicle and trailer to which neither of paragraphs (3) and (3A) applies shall be submitted for both a plating examination and a goods vehicle test on or before the appropriate day.

(3) This paragraph applies to a motor vehicle or trailer if the following requirements are met, namely—

(a) a plating certificate is in force for the vehicle; and

(b) that plating certificate is a certificate of conformity or a Minister’s approval certificate that is treated as a plating certificate by virtue of section 59(4) of the 1988 Act .

(3A) This paragraph applies to a motor vehicle or trailer for which a plating certificate is not required, in accordance with regulation 20(1A).

(4) Paragraphs (1) and (2) shall not prevent the Secretary of State authorising the submission of a vehicle for a first examination after the date by which the vehicle is required by those paragraphs to be submitted for first examination.

Section 10 Dates by which vehicles are to be submitted for periodical tests

(1) Where a goods vehicle test certificate for a vehicle is issued on an examination, the vehicle shall be submitted for a further examination before the certificate expires.

(2) Where a goods vehicle test certificate for a vehicle is refused on an examination, the vehicle shall be submitted for a further examination—

(a) if one goods vehicle certificate is in force for the vehicle at the time of the refusal, before the expiration of the certificate;

(b) if more than one goods vehicle certificate is in force for the vehicle at the time of the refusal, before the expiration of the last of those certificates to have been issued; or

(c) in any other case, on or before the appropriate day or before the vehicle is used on a road (whichever is the later).

(3) Paragraphs (1) and (2) and regulation 11 shall not prevent the Secretary of State authorising the submission of a vehicle for a periodical test after the date by which the vehicle is required by those provisions to be submitted for a periodical test.

Section 11 Period of validity of goods vehicle test certificate

(1) Subject to paragraph (1A), a goods vehicle test certificate issued in the circumstances described in column (2) of an item in the Table below shall be valid for the period described in column (3) of that item.

(1A) A goods vehicle test certificate issued in relation to a category T tractor in the circumstances described in column (2) of an item in the Table above shall be valid for the period described in column (3) of that item, with the modifications that—

(a) for “first anniversary” in items 1 and 2 there is substituted “second anniversary” and,

(b) for “in the following year” in item 3 there is substituted “two years later”.

(2) In this regulation, a reference to the end of a period is a reference to the end of the final day of that period.

Section 12 Manner of making application for first examinations or periodical tests, and fees

(1) Any person wishing to have a first examination or periodical test carried out on a vehicle shall make an application for that purpose to the Secretary of State .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Every application made under paragraph (1) shall be on a form approved by the Secretary of State, and shall contain the particulars required by that form and shall be accompanied by the fee determined in accordance with the Table below by reference to the description of vehicle.

Table

(1) Description of vehicle

(2) Fee where first examination or periodical test is carried out at a vehicle testing station provided by the Secretary of State under section 52(2)(a) of the 1988 Act (£)

(3) Fee where the first examination or periodical test is carried out at premises designated by the Secretary of State under section 52(2)(b) of the 1988 Act (£)

(4) Where the time appointed for a first examination or periodical test is, at the applicant’s request, out of hours, the fee in respect of the examination or test shall be increased by £38.00 in the case of a motor vehicle and £24.00 in the case of a trailer.

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Any sum payable by virtue of the first examination or periodical test being, at the applicant’s request, out of hours or taking place at a vehicle testing station designated by the Secretary of State under section 52(2)(b) of the 1988 Act , shall be paid to the Secretary of State at or before the time reserved by him or on his behalf for the examination or test.

Section 13 Time of application for first examinations and periodical tests

(1) Except as provided in paragraph (2), every application for a first examination or periodical test of a vehicle shall be made—

(a) at least one calendar month before the date on which the applicant desires to submit the vehicle for the examination or test, and

(b) not more than three calendar months before the last day by which the vehicle is required by these Regulations to be submitted for the examination or test.

(2) If the Secretary of State is satisfied that there are reasonable grounds for an application for a first examination or periodical test of a vehicle not being made within the period specified in paragraph (1) he may permit the application to be accepted and dealt with as if it had been made within that period.

Section 14 Notice of place and time of first examinations or periodical tests

(1) As soon as reasonably practicable after the date of the receipt of an application for a first examination or periodical test of a vehicle under regulation 12(1) the Secretary of State shall send to the applicant notice of the vehicle testing station at which the examination or test is to take place, and the date and time reserved by the Secretary of State for that examination or test .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 15 Application for re-tests following first examinations or periodical tests

(1) Where, under regulation 23(1) or 26, a notification of the refusal of a goods vehicle test certificate in respect of a vehicle is issued the vehicle may be submitted, if need be on more than one occasion, at a vehicle testing station for a re-test.

(2) Where an applicant desires to submit a vehicle for a re-test he shall make arrangements with the Secretary of State as to the vehicle testing station at which the vehicle is to be submitted for a re-test and as to the date and time at which the vehicle is to be submitted to that vehicle testing station.

Section 16 Fees for re-tests

(1) Subject to paragraphs (4) ... and (6), where the applicant for a re-test requests that a re-test under regulation 15 be carried out within 14 days after the vehicle was submitted for its first examination or periodic test (as the case may be) the fee for the re-test shall be determined in accordance with the Table below by reference to the description of vehicle—

Table

(1) Description of vehicle

(2) Fee where re-test is carried out at a vehicle testing station provided by the Secretary of State under section 52(2)(a) of the 1988 Act (£)

(3) Fee where the re-test is carried out at premises designated by the Secretary of State under section 52(2)(b) of the 1988 Act (£)

(2) Subject to paragraphs (3) and (5), in circumstances other than those described in paragraph (1), the fee for a re-test under regulation 15 shall be the fee determined in accordance with the Table in regulation 12 by reference to the description of vehicle, as if the re-test was a first examination or periodical test.

(3) Paragraph (2) does not apply to a further re-test in a case where—

(a) a previous re-test has been carried out on the vehicle in circumstances other than those described in paragraph (6) , and

(b) the applicant for the further re-test requests that the further re-test be carried out within 14 days after the vehicle was submitted for the previous re-test;

and, subject to paragraphs (4) ... and (6), in such a case the fee for the further re-test shall be determined in accordance with the Table in paragraph (1) by reference to the description of vehicle .

(4) Where the time arranged for a re-test is, at the applicant’s request, out of hours, the fee payable under paragraph (1) or (3) in respect of the re-test shall be increased by £20.00 in the case of a motor vehicle and £13.00 in the case of a trailer.

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where the time arranged for a re-test is, at the applicant’s request, out of hours, the fee payable under paragraph (2) in respect of the re-test shall be increased by £38.00 in the case of a motor vehicle and £24.00 in the case of a trailer.

(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Notwithstanding paragraphs (1), (3) and (4) , the fee for a re-test under regulation 15 shall be £13.00 in the case of a motor vehicle and £7.00 in the case of a trailer if—

(a) the vehicle is submitted for a re-test on the same day as the day on which the first examination or periodical test (as the case may be), was carried out, or on the first day thereafter on which the relevant vehicle testing station is open.

(b) the fee for the first examination, periodical test or last preceding re-test, as the case may be, has been paid; and

(c) the re-test is due only to one or more defects in the vehicle as a result of which any of the following prescribed construction and use requirements are not complied with, namely those contained in—

(i) the following items in paragraphs 1 and 2 in Part I of Schedule 3, namely items 4, 5, 7, ... 9, 11, 12, 14 (in so far as it relates to the emission of an oily substance) and 16;

(ii) items 17, 18 , 18A and 19 in paragraph 2 in Part I of Schedule 3 ...;

(iii) paragraphs 3, 3A and 3B in Part I of Schedule 3;

and the requirements of Part II of Schedule 3 so far as those requirements relate to the condition of the spare wheel carrier, fuel tanks and system, bumpers and the cab.

(7) The fees payable under this regulation shall be paid on submission of the vehicle for the re-test.

(8) In paragraph (6), “the relevant vehicle testing station”, in relation to a re-test, means the testing station at which the re-test is to be carried out pursuant to arrangements made under regulation 15.

Section 17 Examination for plating

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Section 18 Examination for plating

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Section 19

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Section 20

(1) Subject to paragraph (1A), where a vehicle is submitted for an examination for plating on a first examination, a vehicle examiner shall determine the plated weights of the vehicle having regard—

(a) to any information which may have been supplied by the Secretary of State as to the plated weights which have been determined for similar vehicles under these Regulations;

(b) to the design, construction and equipment of the vehicle, and the stresses to which it is likely to be subject when in use on roads;

(c) to any information which may be available about the weights at which the vehicle was originally designed to be driven on roads;

(d) if the vehicle or its equipment has, or appears to have, been altered since the date of its manufacture, to the likely effect of any such alteration in making the vehicle fit to be driven safely on roads at weights different from those at which it appears to the examiner the vehicle was originally designed to be so driven;

(e) if the vehicle is a motor vehicle, the requirements of regulations 15, 16 and 18 of the Construction and Use Regulations;

(f) if the vehicle is a trailer, to—

(i) the requirements of regulations 15 and 16 of the Construction and Use Regulations; and

(ii) the provisions of Schedule 1; and

(g) to the need to comply with regulations 25, 75, 78 and 79 of the Construction and Use Regulations, and with the requirement that–

(i) no plated weight relating to train weight, other than a plated train weight applicable only to combined transport operations, shall exceed the maximum train weight at which the vehicle can lawfully be driven on a road in Great Britain by virtue of the Construction and Use Regulations, ignoring Schedule 11A to those Regulations; and

(ii) no plated weight relating to train weight applicable only to combined transport operations can exceed the maximum train weight at which the vehicle can lawfully be driven on a road in Great Britain by virtue of the Construction and Use Regulations (having regard to Schedule 11A to those Regulations);

(1A) Paragraph (1) does not apply where a vehicle examiner has determined that a plating certificate is not required.

(2) In this regulation, a reference to use on a road is a reference to use on a road other than for international transport.

(3) For the purposes of this regulation, the Construction and Use Regulations shall have effect as if regulation 80 were omitted.

Section 21 Issue of plating certificates, and particulars to be contained therein

(1) ... After the determination of the plated weights of a vehicle submitted for an examination for plating on a first examination there shall, unless there is a refusal to issue a goods vehicle test certificate in respect of that vehicle, be issued a plating certificate in respect of that vehicle.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Every plating certificate issued in relation to a vehicle shall—

(a) be signed either by the goods vehicle examiner who carried out, or under whose direction the examination for plating was carried out, or by a person authorised in that behalf by the Secretary of State; and

(b) contain—

(i) the date on which it was issued;

(ii) the number allotted by the Secretary of State to the vehicle testing station at which it was issued or the letters GVC if it was issued at the Goods Vehicle Centre;

(iii) the plated weights determined for that vehicle under regulation ... 20 or 24;

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v) where any such plated weight determined under regulation 20 is less than the weight which would have been determined but for paragraph (g) of that regulation the weight which would have been determined but for that paragraph shall be shown as a design weight;

(vi) the other plated particulars ascertained from the application mentioned in regulation 12 and an inspection of the vehicle;

(vii) any alteration in the vehicle or its equipment which is required by these Regulations to be notified to the Secretary of State; and

(viii) the sizes of the tyres fitted to the wheels of the vehicle at the time of the issue of the certificate, and the particular conditions, if any, in which a vehicle should be used on roads at or below its plated weights when fitted with those tyres properly maintained.

(4) A plating certificate issued in relation to a vehicle under the provisions of these Regulations may contain (in addition to the particulars mentioned in paragraph (3))—

(a) the DOE (Department of the Environment) or DTp (Department of Transport) reference number for the particular type of vehicle, and

(b) the maximum authorised weights and dimensions in accordance with article 2 of Council Directive 85/3/ EEC .

Section 22 Goods vehicle test

After an examination for plating has been carried out on a vehicle, or in any case where a plating certificate is not required, in accordance with regulation 20(1A), a goods vehicle examiner shall arrange for the vehicle to undergo a goods vehicle test.

Section 23 Issue of goods vehicle test certificates (or of notices of refusal) and particulars to be contained therein

(1) Where as a result of a goods vehicle test a vehicle is found not to comply with the prescribed construction and use requirements there shall be issued a notice of the refusal of a goods vehicle test certificate, and such notice shall state the grounds of such refusal.

(2) Where as a result of a goods vehicle test a vehicle is found to comply with the prescribed construction and use requirements a goods vehicle test certificate shall be issued as respects that vehicle and such certificate shall state the period of the validity of the certificate and that the vehicle was found to comply with the prescribed construction and use requirements.

(3) Every notice issued under paragraph (1) and every certificate issued under paragraph (2) shall—

(a) be signed by either the goods vehicle examiner who carried out, or under whose direction the goods vehicle test was carried out, or by a person authorised in that behalf by the Secretary of State; and

(b) contain—

(i) the date on which it was issued;

(ii) the number allotted by the Secretary of State to the vehicle testing station at which it was issued;

(iii) in the case of a certificate or notice issued for a motor vehicle, the registration mark (if any) exhibited on the vehicle or, if no such mark is so exhibited, the chassis or serial number marked on the vehicle or, if no such number is so marked, the identification mark which shall have been allotted to the vehicle by the Secretary of State in the notice of appointment relating to the first examination of the vehicle; and

(iv) in the case of a certificate or notice issued for a trailer, the identification mark which shall have been allotted to the trailer by the Secretary of State in the notice of appointment (if any) relating to the first examination of the trailer or shall have otherwise been allotted to the trailer by the Secretary of State under these Regulations.

Section 24 Re-test procedure, and issue of plating and test certificates (or notices of refusal)

(1) Where on a first examination of a vehicle no plating certificate has been issued in respect of that vehicle and it is submitted for a re-test under regulation 15 a goods vehicle examiner shall determine as the plated weights of the vehicle—

(a) if after examination of the vehicle he is satisfied that no alteration has been made to the vehicle or its equipment which would render inapplicable the plated weights determined for the vehicle on its first examination, the weights so determined; or

(b) if he is not so satisfied, weights consistent with regulation 19 or, as the case may be, regulation 20.

(2) A goods vehicle examiner in carrying out an examination pursuant to regulation 15(2) and (3) shall be under an obligation only to examine the vehicle for the purpose of ascertaining whether it complies with the particular items of the prescribed construction and use requirements with which it was shown in the last notice of a refusal of a test certificate not to comply.

(3) Where a goods vehicle examiner finds that the vehicle complies with the particular items of the prescribed construction and use requirements mentioned in paragraph (2) and has no reason to believe that the other prescribed construction and use requirements are not complied with in relation to the vehicle, there shall be issued a goods vehicle test certificate and also a plating certificate for the vehicle.

(4) Where a goods vehicle examiner finds that the vehicle does not comply with the particular items of the prescribed construction and use requirements mentioned in paragraph (2) or that any other prescribed construction and use requirement is not complied with in relation to the vehicle, there shall be issued a notice of the refusal of a goods vehicle test certificate and in that event no plating certificate shall be issued for the vehicle.

(5) On completion of an examination of a vehicle pursuant to regulation 15(4) a goods vehicle examiner shall arrange for the vehicle to undergo a goods vehicle test, and when that test has been completed there shall be issued—

(a) where the vehicle is found to comply with the prescribed construction and use requirements, a goods vehicle test certificate and also a plating certificate for that vehicle; or

(b) where the vehicle is found not to comply with the prescribed construction and use requirements, a notice of the refusal of a goods vehicle test certificate, and in that event no plating certificate shall be issued for the vehicle.

Section 25 Appeals

(1) Any person aggrieved by a determination made on a first examination, or on a consequent re-test of a vehicle, may appeal ... to the Secretary of State.

(2) ... Any appeal to the Secretary of State shall be lodged at the Goods Vehicle Centre, not later than 14 days from the date of the determination.

(3) Every appeal shall be made on a form approved by the Secretary of State and shall contain the particulars required by that form.

(4) ... An appeal to the Secretary of State shall be accompanied by a fee of £39 .

(5) As soon as reasonably practicable after the date of the receipt of the appeal, ... the appeal officer shall send a notice, addressed to the appellant at the address of the appellant stated in the form of appeal, stating where and when a re-examination for the purpose of determining the issues raised on the appeal is to take place.

(6) The place to be selected by ... the appeal officer, for the re-examination for the purposes of the appeal may be either a vehicle testing station or such other place as he may consider convenient for the purposes of carrying out that re-examination.

(7) The vehicle shall be submitted for the re-examination (which will be carried out by ... the appeal officer) at the place and time specified in the notice sent to the appellant under paragraph (5) unless arrangements are made with the agreement of the area engineer or, as the case may be, the appeal officer, for the carrying out of the examination at some other place or time.

(8) On the submission of a vehicle for a re-examination for the purpose of an appeal the person submitting the vehicle for the re-examination shall, if requested to do so by ... the appeal officer,

(a) produce—

(i) if the appeal relates to a determination made on an examination for plating ... as a result of which a plating certificate was issued, that certificate; or

(ii) if the appeal relates to a determination made on a goods vehicle test, ... the notice of refusal of a goods vehicle test certificate issued as a result of that test or re-examination; and

(b) give such information as may reasonably be required relating to any alteration made or repairs carried out, or any accident or other event occurring since the date of the determination appealed against, which may have affected the vehicle or its equipment.

(9) ... The appeal officer shall not be required to proceed with the re-examination unless the person submitting the vehicle for the re-examination complies with paragraph (8) and nothing in this paragraph shall be taken to derogate from regulation 8.

(10) On completion of the re-examination ... the Secretary of State shall make such determination as he thinks fit, and may—

(a) where the appeal relates to a determination made on or in connection with an examination for plating as respects which a plating certificate was issued, either determine that such certificate was properly issued or issue a different plating certificate upon surrender of the first mentioned certificate; or

(b) where the appeal relates to a determination made on a goods vehicle test ... issue either a goods vehicle test certificate and plating certificate for the vehicle or a notice of refusal of a goods vehicle test certificate stating the grounds thereof and in that event no plating certificate shall be issued for the vehicle.

(11) Plating certificates, goods vehicle test certificates and notices of refusal of a goods vehicle test certificate issued under the foregoing provisions of this regulation shall be signed by ... the appeal officer and shall contain—

(a) the same particulars as are appropriate in the case of plating certificates, goods vehicle test certificates and notices of refusal of a goods vehicle test certificate mentioned in regulation 21 or 23, subject nevertheless to such modifications as may be appropriate and subject in the case of a plating certificate to that certificate showing particulars of the plated weights determined for that vehicle by ... the Secretary of State;

(b) in the case of a plating certificate—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) where any plated weight so determined is less than the weight that would have been otherwise determined under regulation 20 but for paragraph (g) of that regulation, particulars of the last mentioned weight (which shall be shown as a design weight).

Section 25A Interpretation of this Part

In this Part, a reference to a periodical test includes a goods vehicle test carried out pursuant to regulation 22.

Section 26 Periodical tests, and issue of test certificates (or notices of refusal)

On the submission of a vehicle for a periodical test a goods vehicle examiner shall arrange for a vehicle to undergo that test, and when that test has been completed there shall be issued—

(a) where the vehicle is found to comply with the prescribed construction and use requirements, a goods vehicle test certificate; or

(b) where the vehicle is found not to comply with the prescribed construction and use requirements, a notice of the refusal of a goods vehicle test certificate.

Section 27 Re-test procedure, and issue of test certificates (or notices of refusal)

(1) Where a vehicle is submitted for a re-test at a vehicle testing station in circumstances where the fee for the retest is payable under paragraph (1) or (3) of regulation 16 or would have been so payable but for paragraph (6) of that regulation , a goods vehicle examiner shall in carrying out the test be under an obligation only to examine the vehicle for the purpose of ascertaining whether it complies with the particular items of the prescribed construction and use requirements with which it was shown in the last notice of a refusal of a test certificate not to comply.

(2) Where a goods vehicle examiner finds that the vehicle complies with the particular items of the prescribed construction and use requirements mentioned in paragraph (1) and has no reason to believe that the other prescribed construction and use requirements are not complied with in relation to the vehicle, there shall be issued a goods vehicle test certificate.

(3) Where a goods vehicle examiner does not find that the vehicle complies with the particular items of the prescribed construction and use requirements mentioned in paragraph (1) or finds that any other prescribed construction and use requirement is not complied with in relation to the vehicle, there shall be issued a notice of the refusal of a test certificate.

(4) Where a vehicle is submitted for a re-test at a vehicle testing station in circumstances where a fee for the retest is payable under regulation 16(2) , a goods vehicle examiner shall arrange for the vehicle to undergo a goods vehicle test, and when that test has been completed there shall be issued—

(a) where the vehicle is found to comply with the prescribed construction and use requirements, a goods vehicle test certificate;

(b) where the vehicle is found not to comply with the prescribed construction and use requirements, a notice of the refusal of a goods vehicle test certificate.

Section 28 Form of test certificates and notices of refusal

Goods vehicle test certificates and notices of the refusal of a goods vehicle test certificate issued under regulation 24, 26 or 27 shall contain the same particulars as are appropriate in the case of goods vehicle test certificates and notices of the refusal of a goods vehicle test certificate mentioned in regulation 23 and shall be signed in the same manner as is provided in regulation 23.

Section 29 Appeals

(1) Any person aggrieved by a determination made on a periodical test of a vehicle, or on a consequent re-test of a vehicle, by the person in charge of that test may appeal to ... the Secretary of State.

(2) Paragraphs (2) to (11) of regulation 25 apply in relation to any appeal under paragraph (1) as they apply in relation to an appeal under regulation 25 relating to a determination made on a goods vehicle test, but for the purposes of such application each reference in regulation 25 to a plating certificate shall be treated as being omitted.

Section 30 Secretary of State to be informed of notifiable alterations

In the event of a notifiable alteration being made to a vehicle in respect of which a plating certificate has been issued, and before the vehicle to which the alteration has been made is used on roads, particulars of that alteration on a form approved by the Secretary of State shall be sent to him at the Goods Vehicle Centre, and any such form may contain a request by the sender for an amendment to be made as respects a plated weight shown on the plating certificate for the vehicle.

Section 31 Secretary of State to be informed of notifiable alterations

In the following provisions of this Part, a reference to a re-examination shall where appropriate be read as a reference to an examination that is not a re-examination.

Section 32 Other amendments to the plating certificate

Where, otherwise than by reason of a notifiable alteration, any particular (with reference to a plated weight or any other matter) contained in a plating certificate for a vehicle becomes or may have become no longer applicable to that vehicle, an application on a form approved by the Secretary of State may be sent to him ..., for the purpose of having the vehicle re-examined with a view to that particular being amended.

Section 33 Provision as to re-examination

(1) Where, under regulation 30, particulars of a notifiable alteration are sent to the Secretary of State and the form contains a request as provided in that regulation the Secretary of State shall by notice to the sender require him to submit the vehicle for re-examination.

(2) Where, under regulation 30, particulars of a notifiable alteration are sent to the Secretary of State and the form does not contain a request as provided in that regulation the Secretary of State shall determine whether to require a re-examination of the vehicle. If the Secretary of State determines that no re-examination is required he shall by notice inform the sender accordingly, and if the Secretary of State determines that a re-examination is required he shall by notice require the sender to submit the vehicle for re-examination.

(3) Where, under regulation 32, an application to have a vehicle re-examined is received by the Secretary of State he shall by notice require the sender to submit the vehicle for re-examination.

(4) Any notice by which the Secretary of State requires a vehicle to be submitted for re-examination under paragraph (1), (2) or (3) shall specify the vehicle testing station, date and time appointed by the Secretary of State for that re-examination.

Section 34 Fee for re-examination

(1) Where such a request as is mentioned in regulation 30 is contained in the form mentioned in that regulation or where an application mentioned in regulation 32 is made, a fee of £27 shall be sent to the Secretary of State with that form or, as the case may be, with that application.

(2) ... Where the time appointed for a re-examination under regulation 33 is, at the request of the person required to submit the vehicle for re-examination, out of hours, the fee in respect of the re-examination shall be increased by £13.00 .

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Any sum payable by virtue of paragraph (2) ... shall be paid to the Secretary of State on or before the date appointed for the re-examination.

Section 35 Condition of acceptance of vehicle

A goods vehicle examiner shall not be under an obligation to proceed with a re-examination of a vehicle under this Part of these Regulations where on the submission of a vehicle for the re-examination the sender does not, after being required to do so, produce to the examiner the plating certificate relating to the vehicle, and nothing in this paragraph shall be taken to derogate from regulation 8 .

Section 36 Re-examination procedure, and issue or amendment of plating certificates (or notices of refusal)

(1) Where a vehicle is submitted for a re-examination under this Part of these Regulations a goods vehicle examiner shall—

(a) in a case where the re-examination is carried out by reason of a notifiable alteration examine the vehicle for the purpose of determining to what extent that notifiable alteration has rendered the plated weights shown in the plating certificate relating to that vehicle no longer appropriate; or

(b) in any other case examine the vehicle for the purpose of determining to what extent any particular contained in the said plating certificate is no longer applicable.

(2) On completion of the re-examination the goods vehicle examiner shall either—

(a) by notice inform the sender that—

(i) the notifiable alteration has not rendered any of the plated weights shown in the plating certificate no longer appropriate;

(ii) the particular is still applicable; or

(b) amend the plating certificate to show any new plated weights or any new particulars which the examiner has determined for the vehicle; or

(c) issue a new plating certificate in place of the certificate required to be produced under regulation 35 and mark as cancelled the certificate so produced.

(3) Any goods vehicle examiner amending or cancelling a plating certificate shall authenticate the amendment or cancellation by showing on the certificate or on a document securely attached to it his name, the address of the place at which the examination as a result of which the amendment or cancellation occurs, and the date on which the amendment or cancellation takes effect.

(4) Where a new plating certificate is issued for a vehicle it shall contain—

(a) particulars of any plated weights determined for the vehicle under this regulation;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) where any such plated weight so determined is less than the weight that would have been otherwise determined under regulation 20 but for paragraph (g) of that regulation, particulars of the last mentioned weight which shall be shown as a design weight;

(d) any other new particular determined for the vehicle under this regulation; and

(e) subject to sub-paragraphs (a) to (d) above, the same particulars as are appropriate in the case of the plating certificate mentioned in regulation 21.

(5) A new plating certificate shall be signed by the goods vehicle examiner who carried out, or under whose direction the re-examination was carried out, or shall be signed on behalf of that examiner by a person authorised in that behalf by the Secretary of State.

Section 37 Appeals

(1) Any person aggrieved by a determination made on a re-examination of a vehicle under this Part of these Regulations may appeal ... the Secretary of State.

(2) Paragraphs (2) to (9) of regulation 25 shall apply in relation to an appeal under paragraph (1) as they apply to an appeal under regulation 25, but for the purposes of such application paragraph (8) of that regulation shall have effect as if the references therein to a plating certificate were references to any plating certificate relevant to the appeal under this regulation.

(3) On completion of the re-examination of the vehicle for the purpose of the appeal, ... the Secretary of State, shall make such determination in the matter as he thinks fit and may issue a different plating certificate upon the surrender of any plating certificate previously issued for the vehicle.

(4) Any different plating certificate issued under paragraph (3) shall—

(a) be signed ... on behalf of the Secretary of State by an officer appointed by him for the purpose; and

(b) contain—

(i) the same particulars as are appropriate in the case of a plating certificate issued under regulation 21 subject to such modifications as may be appropriate and subject to the certificate showing particulars of the plated weights determined for that vehicle by ... the Secretary of State in a case where such plated weight is so determined;

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) where any such plated weight so determined is less than the weight that would have been otherwise determined under regulation 20 but for paragraph (g) of that regulation, particulars of the last mentioned weight which shall be shown as a design weight.

Section 37A Introduction

(1) This Part of these Regulations has effect by virtue of section 63A of the 1988 Act .

(2) The plated weights (or any of the plated weights) for a vehicle may be determined in accordance with the provisions of this Part, without an examination under these Regulations or under regulations made under section 61 of the 1988 Act .

(3) The plated weights for a vehicle may only be determined under this regulation if—

(a) a plating certificate is in force for the vehicle, and

(b) the alteration applied for would not affect the safety of the vehicle on the road.

Section 37B Application for alteration of plated weights without examination

(1) Any person wishing the plated weights (or any of the plated weights) for a vehicle to be determined under regulation 37A(2) shall make an application for that purpose to the Secretary of State.

(2) Such an application shall be in the form approved by the Secretary of State, shall contain the particulars required by the form and shall be accompanied by a fee of £27 .

Section 37C Disposal of applications

(1) This regulation applies where an application is made under regulation 37B.

(2) Where the application falls to be determined under regulation 37A(2), a person authorised in that behalf by the Secretary of State (“an authorised person”) shall make such a determination and then—

(a) by notice inform the applicant that, on the information before him, he considers that the plated weights shown on the plating certificate are appropriate;

(b) amend the plating certificate; or

(c) issue a new plating certificate in place of the certificate previously in force and mark that previous certificate as cancelled.

(3) An authorised person amending or cancelling a plating certificate shall authenticate the amendment or cancellation by showing on the certificate or on a document securely attached to it his name and the date on which the amendment or cancellation takes effect.

(4) A new plating certificate issued under this regulation shall be signed by the authorised person who made the determination.

(5) The Secretary of State shall repay the fee paid on the application where—

(a) the application does not fall to be determined under regulation 37A(2); or

(b) the authorised person issues a notice in accordance with paragraph (2)(a).

Section 37D Appeals

Regulation 37, shall apply with appropriate modifications to an appeal under section 63A(2) of the 1988 Act as it applies to an appeal by a person aggrieved by a determination made on a re-examination of a vehicle under Part V of these Regulations.

Section 38 Method of payment of fees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 39 General provisions as to fees

(1) In this regulation “exceptional circumstances” means an accident, a fire, an epidemic, severe weather, a failure in the supply of essential services or other unexpected happening (excluding a breakdown or mechanical defect in a vehicle or non-delivery of spare parts therefor).

(2) Where any fee under these Regulations in respect of an examination has been paid that fee shall, subject to paragraph (3), be payable notwithstanding that the vehicle is not submitted for an examination on the day and at the time fixed under these Regulations for that examination and notwithstanding that the examination is not carried out by reason of any provision of regulation 8.

(3) If the applicant for an examination—

(a) has not less than 7 days before the day fixed under these Regulations for the carrying out of the examination given the Secretary of State notice (whether in writing or otherwise) at the address from which the notice of appointment was issued that he does not propose to submit the vehicle for examination on that day; or

(b) satisfies the Secretary of State that the vehicle cannot, or as the case may be, could not be submitted for the examination on the day or at the time fixed for the examination because of exceptional circumstances occurring not more than 7 days before the said time and of which the applicant gives notice to the Secretary of State (whether in writing or otherwise) within 3 days of the occurrence of those circumstances,

then the applicant may either—

(i) make an application in writing to the Secretary of State at the said address, either at the time of the notice given under paragraph (3)(a) or (b) or within 28 days of the date thereof, for another examination of the same kind for that vehicle or another vehicle to be carried out within three months of the date of the application, and in that event the said fee shall be treated as having been paid in respect of that application unless the fee in respect of that application is greater, in which case the fee already paid shall be treated as having been paid towards the fee payable in respect of that application; or

(ii) give notice to the Secretary of State at the place mentioned in sub-paragraph (i) above and at the time of the notice given under paragraph (3)(a) or (b) or within 28 days of the date thereof, that no other examination of the same kind is required for that vehicle or another vehicle, and in that event any sum paid by him in respect of such a previous application for an examination shall be returned .

Section 40 Provisions as to fees on appeal

(1) After the completion of a re-examination for the purposes of an appeal under section 50(1) or (3) of the 1988 Act the Secretary of State may repay to the appellant, as he thinks fit, either the whole or part of the fee paid on the appeal, where it appears to him there were substantial grounds for contesting the whole or part of the determination against which the appeal was made.

(2) A fee payable on an appeal in accordance with these Regulations shall be payable notwithstanding that the vehicle is not submitted for re-examination in accordance with regulation 25(8) or in accordance with that regulation as applied by any other regulation contained in these Regulations:

Provided that, if the appellant has before the time fixed under regulation 25, or under that regulation as so applied, for the carrying out of the re-examination given the Secretary of State not less than two clear days' notice (whether in writing or otherwise) at the office at which his appeal was lodged that the appellant does not propose to submit the vehicle for re-examination at that time, the appeal shall be treated for the purposes of this regulation as one in respect of which no fee is payable and any amount previously paid in respect of such a fee shall be repaid by the Secretary of State to the appellant unless another time is arranged for carrying out of the re-examination.

Section 41 Replacements of plates and certificates

(1) If a Ministry plate, a plating certificate (whether issued under these Regulations or being treated as a plating certificate by virtue of section 59(4) of the 1988 Act ), a goods vehicle test certificate or a Ministry test date disc has been lost or defaced, an application for the issue of a replacement for the plate, certificate or disc lost or defaced may be made in writing to the Secretary of State , and every such application shall be accompanied by the payment of the fee of £13.00 .

(2) On the receipt of an application and fee mentioned in paragraph (1) the Secretary of State shall determine whether the vehicle shall be re-examined, and if he determines—

(a) that no re-examination of the vehicle is required he shall issue to the applicant a replacement for the plate, certificate or disc to which the application relates and any such replacement shall have the same effect as the plate, certificate or disc which it replaces and shall be marked “replacement”;

(b) that a re-examination of the vehicle is required, he shall by notice to the sender require the vehicle to be submitted for re-examination at a vehicle testing station specified in the notice and appoint a date and time for the examination.

(3) A re-examination under paragraph (2)(b) shall be carried out as if it were a first examination under regulations 20 to 23, the appropriate fee shall be paid as if the examination were a first examination, and the appropriate documents shall be issued in accordance with regulations 21 and 23.

Section 42 Provisions as to notices

(1) Except as otherwise provided in these Regulations, every notice under these Regulations shall be in writing and may be given by post.

(2) For the purposes of calculating the period of any notice given in accordance with the provisions of these Regulations a Saturday, Sunday, Good Friday, Christmas Day or a bank holiday (as defined in the Banking and Financial Dealings Act 1971) shall be excluded from the period.

(3) When giving any notice referred to in regulation 14(1), 15(4) or 33 the Secretary of State shall have regard, so far as is reasonably practicable, to any preference expressed by the person to whom the notice is addressed as to the vehicle testing station and the date and time at which the examination shall take place.

Section 42A Provisions as to signatures

Any plating certificate, goods vehicle test certificate or notice of the refusal of a goods vehicle test certificate which has been issued under the provisions of these Regulations and which bears a facsimile, by whatever process reproduced, of the signature of, as the case may be, the relevant goods vehicle examiner, authorised or appointed person or appeal officer, shall be deemed to have been duly signed.

Section 42B Review

(1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in—

(i) regulations 4, 9, 11, 20, 22, and 44(1)(e),

(ii) regulation 44(2) in so far as it relates to the use of vehicles on the island of Bute,

(iii) paragraphs 4 and 5 of Schedule 1,

(iv) Schedule 2, and

(v) the prescribed construction and use requirements in Schedule 3, and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 20th May 2023.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers is implemented in other member States.

(5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),

(b) assess the extent to which those objectives are achieved,

(c) assess whether those objectives remain appropriate, and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

Section 43 Provision as to Crown vehicles

(1) Except as provided in paragraphs (2) and (3), these Regulations apply to goods vehicles which are of a class specified in regulation 4 and which are—

(a) goods vehicles in the public service of the Crown which are registered or liable to be registered under the 1971 Act; or

(b) trailers in the public service of the Crown while drawn by goods vehicles (whether or not in the public service of the Crown) which are registered or liable to be registered under the 1971 Act.

(2) A first examination of a vehicle, a periodical test or a re-examination of a vehicle under Part V of these Regulations may be made by or under the direction of an examiner (in this regulation referred to as an “authorised examiner”) authorised for the purpose by the Secretary of State instead of by or under the direction of a goods vehicle examiner, and in relation to any such examination made by an authorised examiner these Regulations shall apply as if—

(a) regulations 6, 8, 12, 13, 14, 15, 25, 29 and 37 were omitted;

(b) any reference to a goods vehicle examiner included a reference to an authorised examiner, and any reference to a vehicle testing station included a reference to premises approved by the Secretary of State for the carrying out of examinations under these Regulations by an authorised examiner;

(c) in regulation 21(3)(b)(vi) the reference to the application included a reference to a form approved by the Secretary of State for the purpose of an application for an examination under these Regulations by an authorised examiner; and

(d) in regulation 23(3)(b)(iii) and (iv) the reference to the identification mark included a reference to an identification mark allotted by the Secretary of State for the purpose of an examination under these Regulations by an authorised examiner.

(3) Any person aggrieved by a determination of an authorised examiner on a first examination of a vehicle, a periodical test or a re-examination of a vehicle under Part V of these Regulations may appeal to the Secretary of State and on the appeal the Secretary of State shall cause the vehicle to be re-examined by an officer appointed by him for the purpose and may make such determination on the basis of the re-examination as he thinks fit and, where appropriate, may issue a plating certificate, a goods vehicle test certificate or a notice of the refusal of a goods vehicle test certificate.