The Motor Vehicles (Tests) Regulations 1981

Classification of Vehicles and Application of Regulations E+W+S

5.—(1)  [F1 For the purposes of these Regulations motor vehicles to which they apply are classified as follows—

(a) Class I: Light motor bicycles in EU categories L1e, L3e and L4e;

(b) Class II: Motor bicycles in EU categories L3e and L4e;

(c) Class III: Light motor vehicles in EU categories L2e and L5e;

(d) Class IV:

(i) Motor vehicles in EU categories L5e, L6e, L7e, M1, M2, M3 and N1 not being vehicles within Classes III, IVA, V, VA, VI, VIA or VII; and

(ii) American pickups;

(e) Class IVA: Minibuses, other than vehicles to which paragraph (4) applies, in EU categories M2 and M3 not being vehicles within Classes III, V, VA, VI or VIA, in respect of which any forward-facing seat is fitted with a relevant seat belt;

(f) Class V: Motor vehicles in EU categories M2 and M3 not being vehicles within Class VA which are—

(i) large passenger-carrying vehicles;

(ii) public service vehicles—

(aa) of a type specified in paragraph (3), and

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

(iii) play buses;

(g) Class VA: Motor vehicles, other than vehicles to which paragraph (4) applies, in EU categories M2 and M3 which are—

(i) large passenger-carrying vehicles;

(ii) public service vehicles—

(aa) of a type specified in paragraph (3), and

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

(iii) play buses,

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

(h) Class VI: Public service vehicles, other than those of a type specified in paragraph (3), in EU categories M2 and M3 not being vehicles within Class VIA;

(i) Class VIA: Public service vehicles, not being vehicles to which paragraph (4) applies, in EU categories M2 and M3 other than those of a type specified in paragraph (3), in respect of which any forward facing seat is fitted with a relevant seat belt;

(j) Class VII: Goods vehicles in EU category N1 of which the design gross weight is more than 3,000 kilograms but does not exceed 3,500 kilograms;

and (except as otherwise provided in these Regulations) any reference in these Regulations to a class of vehicles is to be construed accordingly.]

and (except where otherwise provided in these Regulations) any reference in these Regulations to a class of vehicles shall be construed accordingly.

(2) Save as provided in Regulation 6, these Regulations apply to every vehicle of a class specified in paragraph (1).

(3) The public service vehicles mentioned in paragraph (1) as included in [F2 Class V or VA] are public service vehicles [F3 which may lawfully be used on a road in the absence of a certificate of initial fitness by virtue of —]

(a) [F4 section 23(7) of the Transport Act 1985] (a bus being used to provide a community bus service), or

(b) section 46 of the 1981 Act (a school bus belonging to a [F5 local authority] and being used to provide free school transport and carrying as fare-paying passengers persons other than those for whom the free school transport is provided, and a school bus being used, when it is not being used to provide free school transport, to provide a local bus service).

[F6 or (c) section 21(2) of the Transport Act 1985 (a small bus operating under a permit granted under section 19 of that Act).]

[F7 (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—

  (a)

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

  (b)

  on or after 1st August 1998 either—

  (i)

  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

  (ii)

  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.]

[F8 (6) In this regulation references to vehicles in EU categories—

(a) L1e to L7e are to those categories as described in Annex 1 to Regulation (EU) 168/2013 of the European Parliament and of the Council on the approval and market surveillance of two or three-wheel vehicles and quadricycles;

(b) M1 to M3, and N1, are to those categories as described in [F9 Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles].]

Textual Amendments

F1 Reg. 5(1) substituted (20.5.2018) by The Motor Vehicles (Tests) (Amendment) Regulations 2017 (S.I. 2017/850), regs. 1, 4(a)

F2 Words in reg. 5(3) substituted (1.8.1998) by The Motor Vehicles (Tests) (Amendment) Regulations 1998 (S.I. 1998/1672), regs. 1, 5(3)

F3 Words in reg. 5(3) substituted (30.8.1984) by The Motor Vehicles (Tests) (Amendment) (No. 4) Regulations 1984 (S.I. 1984/1126), regs. 1, 3(b)

F4 Words in reg. 5(3)(a) substituted (20.10.1986) by The Transport Act 1985 (Commencement No. 6) Order 1986 (S.I. 1986/1794), reg. 6

F5 Words in reg. 5(3)(b) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) Order 2010 (S.I. 2010/1172), art. 1(1), Sch. 3 para. 6

F6 Reg. 5(3)(c) and word added (14.7.1987) by The Transport Act 1985 (Commencement No.7) Order 1987 (S.I. 1987/1228), reg. 3

F7 Reg. 5(4)(5) added (1.8.1998) by The Motor Vehicles (Tests) (Amendment) Regulations 1998 (S.I. 1998/1672), regs. 1, 5(4)

F8 Reg. 5(6) inserted (20.5.2018) by The Motor Vehicles (Tests) (Amendment) Regulations 2017 (S.I. 2017/850), regs. 1, 4(b)

F9 Words in reg. 5(6)(b) substituted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 8(2) (with Sch. 4 paras. 16, 17)

Commencement Information

I1 Reg. 5 in force at 31.12.1981, see reg. 1