The Motor Vehicles (Tests) (Amendment) Regulations 1998

• Citation: S.I. 1998/1672
• Sections: 14

Section 1 Citation and commencement

These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) Regulations 1998 and shall come into force on 1st August 1998.

Section 2 Preliminary

The Motor Vehicles (Tests) Regulations 1981 shall be further amended in accordance with the following provisions of these Regulations.

Section 3 Amendments to regulation 3 (interpretation)

In regulation 3, in paragraph (1)—

(a) in the sub-paragraph which begins with the expression “agricultural motor vehicle”—

(i) there shall be inserted, before the expression “Ministry Plate”, the expression “minibus”; and

(ii) for “Regulation 3(1)” there shall be substituted “regulation 3(2)”; and

(b) after the definition of the expression “authorisation” there shall be inserted the following—

“child restraint”, “disabled person’s belt”, “forward-facing seat” and “seat belt” have the meanings given by regulation 47(8) of the Construction and Use Regulations ;

Section 4 Amendments to regulation 4 (the prescribed statutory requirements)

In regulation 4, in the Table in paragraph (2)—

(a) after item 3 there shall be inserted the following item—

(b) after item 4 there shall be inserted the following item—

(c) after item 5 there shall be inserted the following item—

Section 5 Amendments to regulation 5 (classification of vehicles and application of Regulations)

(1) Regulation 5 shall be amended as follows.

(2) In paragraph (1) for the entries relating to Classes IV , V and VI there shall be substituted—

Motor vehicles not being vehicles within Class VA which are—

Large passenger-carrying vehicles;

Public service vehicles—

of a type specified in paragraph (3), and

constructed or adapted to carry more than 12 seated passengers, and

Play buses

Motor vehicles, other than vehicles to which paragraph (4) applies, which are—

Large passenger-carrying vehicles;

Public service vehicles—

of a type specified in paragraph (3), and

constructed or adapted to carry more than 12 seated passengers, and

Play buses,

in respect of which any forward-facing seat is fitted with a relevant seat belt

(3) In paragraph (3) for “Class V” there shall be substituted “Class V or VA”.

(4) After paragraph (3) there shall be added the following paragraphs—

(4) This paragraph applies to vehicles, in respect of which—

(a) a certificate of initial fitness has been issued on or after 1st August 1998; or

(b) one or more forward-facing seats are fitted with a relevant seat belt, which, when so equipped, are of a type of vehicle in respect of which the Secretary of State is satisfied that the vehicle manufacturer holds—

(i) an approval issued by or on behalf of the approval authority of an EEA State confirming compliance with the installation requirements of Community Directives 77/541 , 82/319 , 90/628 or 96/36 ; and

(ii) either—

(A) an approval issued by or on behalf of the approval authority of an EEA State confirming compliance with the technical and installation requirements of Community Directives 76/115 , 81/575 , 82/318 , 90/629 or 96/38 ; or

(B) an approval issued by or on behalf of the competent authority of a contracting State confirming compliance with the technical and installation requirements of ECE Regulation 14, 14.01, 14.02 or 14.03.

(5) In this regulation—

“approval authority” has the same meaning as in Community Directive 70/156 ;

“certificate of initial fitness” has the same meaning as in section 6 of the Public Passenger Vehicles Act 1981 ;

“contracting State” means a State which is a party to the International Agreement;

“EEA State” means a State which is a contracting party to the EEA Agreement;

“EEA Agreement” means the agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;

“ECE Regulation” and “Community Directive” have the meanings given by regulation 3(2) of the Construction and Use Regulations;

“the International Agreement” means 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 as amended to which the United Kingdom is a party ; and

“relevant seat belt” means a seat belt, not being a disabled person’s belt or a child restraint, which—

is fitted other than as required by regulation 47 of the Construction and Use Regulations; and

on or after 1st August 1998 either—

has not undergone an examination and been found to comply with the prescribed statutory requirements referred to in item 28A in paragraph 3A of Schedule 2; or

has undergone an examination and been found so to comply but is fitted in a vehicle in respect of which no test certificate has been issued to the effect that that is the case.

Section 6 Amendment to regulation 6 (exemptions)

In regulation 6, in paragraph (3)(a), for “VI” there shall be substituted “VIA”.

Section 7 Amendments to regulation 12 (applications for examinations)

In regulation 12, in paragraphs (1), (1A) and (2), for “Class VI” there shall be substituted “Class VI or VIA”.

Section 8 Amendment to regulation 13 (requirements as to vehicles submitted for examinations)

In regulation 13, in paragraph (1)(f), for “Class VI” there shall be substituted “Class VI or VIA”.

Section 9 Amendments to regulation 15 (results of examinations)

In regulation 15, in paragraphs (3)(a) and (b), for “Class VI” there shall be substituted “Class VI or VIA”.

Section 10 Amendment to regulation 16 (refusal of a test certificate where braking test cannot be carried out)

In regulation 16, in paragraph (2), for “Class VI” there shall be substituted “Class VI or VIA”.

Section 11 Amendments to regulation 20 (fees for examinations)

(1) Regulation 20 shall be amended as follows.

(2) In each provision specified in column (1) of the Table below for the amount specified in relation to that provision in column (2) of that Table there shall be substituted the amount so specified in column (3) of that Table.

TABLE

(3) In paragraph (1)—

(a) for sub-paragraph (c) there shall be substituted—

(c) in the case of a vehicle in Class IV—

(i) if the vehicle is a minibus, £32.62,

(ii) in any other case, £30.87;

(ca) in the case of a vehicle in Class IVA, £37.26;

(b) for sub-paragraph (d) there shall be substituted—

(d) in the case of a vehicle in Class V—

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

(ii) in any other case, £38.08;

(da) in the case of a vehicle in Class VA—

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

(ii) in any other case, £46.55;

(c) after sub-paragraph (e) there shall be inserted—

(ea) save as provided in paragraphs (4A) and (4B), in the case of a vehicle in Class VIA—

(i) if the vehicle is constructed or adapted to carry more than 16 passengers, £76.90,

(ii) in any other case, £42.00;

(4) In paragraphs (2A), (2B), (3), (5A), (5B) and (6) for “Class VI” there shall be substituted “Class VI or VIA”.

(5) In paragraph (3A) for “Class VI” there shall be substituted “Class IVA, VA, VI or VIA”.

(6) After paragraph (3A) there shall be inserted the following paragraphs—

(3B) Subject to paragraph (3C), where, on an examination of a vehicle in Class IVA or VA, it is found that some or all of the prescribed statutory requirements, other than those referred to in item 28A in paragraph 3A of Schedule 2, are not complied with, then, provided the vehicle is re-examined at the same vehicle testing station where it failed the examination, the fee payable for the re-examination shall be calculated as if the vehicle was in Class IV or V respectively.

(3C) No fee shall be payable for the re-examination of a vehicle in Class IVA or VA, in respect of which it is found that some or all of the prescribed statutory requirements, other than those referred to in item 28A in paragraph 3A of Schedule 2, are not complied with if—

(a) the vehicle is re-examined in the circumstances referred to in paragraph (3A)(a); and

(b) the re-examination relates only to one or more of the matters referred to in paragraph (3A)(b).

(7) In paragraph (4) for the Table there shall be substituted the following Table—

FEES RELATING TO THE RE-EXAMINATION OF VEHICLES IN CLASS VI

(a) £23.00, if the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate, or

(b) £45.90, in any other case.

(a) £36.70, in the circumstances described in paragraph (a) of the entry in column 2, or

(b) £73.40, in any other case.

(a) £26.50, in the circumstances described in paragraph (a) of the entry in column 2, or

(b) £52.10, in any other case.

(a) £40.20, in the circumstances described in paragraph (a) of the entry in column 2, or

(b) £79.60, in any other case.

(a) £16.40, if the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate, or

(b) £32.70, in any other case.

(a) £26.40, in the circumstances described in paragraph (a) of the entry in column 2, or

(b) £52.70, in any other case.

(a) £19.90, in the circumstances described in paragraph (a) of the entry in column 2, or

(b) £38.90, in any other case.

(a) £29.90, in the circumstances described in paragraph (a) of the entry in column 2, or

(b) £58.90, in any other case.

(8) After paragraph (4) there shall be inserted the following paragraphs—

(4A) Where, on an examination of a vehicle of a description specified in column 1 of the Table, it is found that some or all of the prescribed statutory requirements, including those referred to in item 28A in paragraph 3A of Schedule 2, are not complied with, then the fee payable in respect of a further examination—

(a) subject to sub-paragraph (c), in a case where the time appointed for the further examination is, at the applicant’s request, out of hours, shall be as shown in column 3 of the Table in relation to a vehicle of that description;

(b) subject to sub-paragraph (c), in a case where the vehicle testing station appointed for an examination is, at the applicant’s request, one which was designated under section 8(3) of the 1981 Act after 10th April 1995, shall be as shown in column 4 of the Table in relation to a vehicle of that description;

(c) in a case where both sub-paragraph (a) and (b) apply, shall be as shown in column 5 of the Table in relation to a vehicle of that description, and

(d) in any other case, shall be as shown in column 2 of the Table in relation to a vehicle of that description.

FEES RELATING TO THE RE-EXAMINATION OF VEHICLES IN CLASS VIA

(a) £36.10, if the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate, or

(b) £76.90, in any other case.

(a) £49.80, in the circumstances described in paragraph (a) of the entry in column 2, or

(b) £104.40, in any other case.

(a) £39.60, in the circumstances described in paragraph (a) of the entry in column 2, or

(b) £83.10, in any other case.

(a) £53.30, in the circumstances described in paragraph (a) of the entry in column 2, or

(b) £110.60, in any other case.

(a) £19.40, if the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate, or

(b) £42.00, in any other case.

(a) £29.40, in the circumstances described in paragraph (a) of the entry in column 2, or

(b) £62.00, in any other case.

(a) £22.90, in the circumstances described in paragraph (a) of the entry in column 2, or

(b) £48.20, in any other case.

(a) £32.90, in the circumstances described in paragraph (a) of the entry in column 2, or

(b) £68.20, in any other case.

(4B) Where, on an examination of a vehicle in Class VIA, it is found that some or all of the prescribed statutory requirements, other than those referred to in item 28A in paragraph 3A of Schedule 2, are not complied with, or when, in the circumstances mentioned in regulation 16, a full examination of the braking system or systems of the vehicle is not carried out, then the fee payable in respect of a further examination shall be calculated in accordance with paragraph (4) above as if the vehicle was in Class VI.

(9) In paragraph (5) for the words “paragraph (1) and (4)” there shall be substituted the words “paragraphs (1), (4), (4A) and (4B)”.

(10) In paragraph (7) for the words “fee prescribed in paragraph (4)” there shall be substituted the words “fees prescribed by paragraphs (4) and (4B)”.

Section 12 Amendments to regulation 23 (duplicate test certificates)

(1) Regulation 23 shall be amended as follows.

(2) In paragraph (1) for “Class VI”, in both places where it occurs, there shall be substituted “Class VI or VIA”.

(3) In paragraph (2) for sub-paragraphs (a) and (b) there shall be substituted—

(a) a fee of £10.00; or

(b) if less, a fee which is half of the relevant fee specified in regulation 20(1), provided that when that would have the result that the amount payable would include a fraction of a penny then the amount payable shall be adjusted downwards to the nearest penny;

Section 13 Amendment to regulation 25 (forms)

In regulation 25, in paragraph (2), for “£49.00” there shall be substituted “£58.00”.

Section 14 Amendments to Schedule 2

(1) Schedule 2 shall be amended as follows.

(2) In paragraph 2 (the prescribed statutory requirements for vehicles in Class III) in the table in sub-paragraph (b), for item 19 there shall be substituted—

(3) After paragraph 3 (the prescribed statutory requirements for vehicles in Class IV) there shall be inserted—

THE PRESCRIBED STATUTORY REQUIREMENTS FOR VEHICLES IN CLASS IVA

(3A)

(a) The requirements specified in items 2, 3, 4 and 7 to 28 in paragraphs 1 to 3 above.

(b) The requirements contained in the following provision of the Construction and Use Regulations:—

(4) After paragraph 4 (the prescribed statutory requirements for vehicles in Class V) there shall be inserted—

THE PRESCRIBED STATUTORY REQUIREMENTS FOR VEHICLES IN CLASS VA

(4A) The requirements specified in items 2, 3, 4, 7 to 13, 16 to 20, 22, 24 to 26 and 28 to 33 in paragraphs 1 to 4 above.

(5) In paragraph 5 (the prescribed statutory requirements for vehicles in Class VI) in sub-paragraph (a), for “26 and 28 to 33” there shall be substituted “26, 28 and 29 to 33”.

(6) After paragraph 5 there shall be inserted—

THE PRESCRIBED STATUTORY REQUIREMENTS FOR VEHICLES IN CLASS VIA

(5A)

(a) The requirements specified in items 2, 3, 4, 7 to 13, 16 to 20, 22, 24 to 26, 28 to 38 and 79 in paragraphs 1 to 5 above.

(b) For minibuses of a type mentioned in regulation 41 of the Construction and Use Regulations, the requirements specified in items 64 to 78 in paragraph 5 above.

(c) The requirements of the Community Recording Equipment Regulation insofar as they relate to the installation of recording equipment and the seals to be affixed to such equipment.

(7) In paragraph 6 (the prescribed statutory requirements for vehicles in Class VII), for “and 15 to 29A in paragraphs 1 to 5 above” there shall be substituted “, 15 to 28, 29 and 29A in paragraphs 1 to 4 above”.