2000 No. 151
Motor Vehicle Testing (Amendment) Regulations (Northern Ireland) 2000
Made
Coming into operation
The Department of the Environment, in exercise of the powers conferred on it by Articles 61(2) and (6), 62, 75(8), 81(8) and (9) and 110(2) of the Road Traffic (Northern Ireland) Order 19951, and of every other power enabling it in that behalf hereby makes the following Regulations:
Citation, commencement and interpretation1
1
These Regulations may be cited as the Motor Vehicle Testing (Amendment) Regulations (Northern Ireland) 2000 and shall come into operation on 19th June 2000.
2
In these Regulations “the principal Regulations” means the Motor Vehicle Testing Regulations (Northern Ireland) 19952.
Amendments to regulation 2 (interpretation)2
1
Regulation 2 of the principal Regulations shall be amended in accordance with paragraph (2).
2
In paragraph (1)—
a
for the definition of “the Construction and Use Regulations” there shall be substituted the following—
“Construction and Use Regulations” means the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 19993;
b
after the definition beginning with the expression “agricultural motor vehicle” there shall be inserted the following—
“ambulance” means a motor vehicle which is constructed or adapted, and primarily used, for the carriage of persons to a place where they will receive, or from a place where they have received, medical or dental treatment, and which, by reason of design, marking or equipment is readily identifiable as a vehicle so constructed or adapted;
c
after the definition of the expression “break-down vehicle” there shall be inserted the following—
“child restraint”, “disabled person’s belt”, “forward-facing seat” and “seat belt” have the meanings given by regulation 55(11) of the Construction and Use Regulations;
d
for paragraph (a) in the definition of “design gross weight”, there shall be substituted the following—
a
in the case of a vehicle which is equipped with a plate in accordance with regulation 79 of the Construction and Use Regulations, the maximum gross weight shown on the plate in respect of item 7 of Part I of Schedule 11 to those Regulations;
Amendments to regulation 3 (the prescribed statutory requirements)3
1
Regulation 3 of the principal Regulations shall be amended in accordance with paragraph (2).
2
In the Table in paragraph (1), after item 4 there shall be inserted the following items—
5
VA
Paragraph 5 of Schedule 2
6
VI
Paragraph 6 of Schedule 2
7
VIA
Paragraph 7 of Schedule 2
Amendments to regulation 5 (classification of vehicles and application of Regulations)4
1
Regulation 5 of the principal Regulations shall be amended in accordance with paragraphs (2) to (4).
2
In paragraph (1) for the entries relating to Classes IV and V there shall be substituted—
Class IV:
a
Motor cars and heavy motor cars not being vehicles within Classes III, V, VA, VI or VIA
b
Break-down vehicles
c
Road construction vehicles
d
Tower wagons
e
Dual-purpose vehicles
Class V:
Motor vehicles not being vehicles within Class VA, VI or VIA which are—
- a
Large passenger-carrying vehicles
- b
Ambulances with more than 16 seats in addition to the driver
- c
Play buses
Class VA:
Motor vehicles, other than vehicles to which paragraph (3) applies, which are—
- a
Large passenger-carrying vehicles
- b
Ambulances with more than 16 seats in addition to the driver
- c
Play buses
in respect of which any forward-facing seat is fitted with a relevant seat belt
Class VI:
Motor vehicles which are—
- a
Minibuses and
- b
Ambulances with more than 8 but not more than 16 seats in addition to the driver
Class VIA:
Motor vehicles, other than vehicles to which paragraph (3) applies which are—
- a
Minibuses and
- b
Ambulances with more than 8 but not more than 16 seats in addition to the driver
in respect of which any forward-facing seat is fitted with a relevant seat belt.
3
After paragraph (2) there shall be added the following paragraphs—
3
This paragraph applies to vehicles, in respect of which—
a
a public service vehicle licence which includes an examination of the relevant seat belts has been issued on or after 19th June 2000; or
b
a test certificate which includes an examination of the relevant seat belts has been issued under section 45 of the Road Traffic Act 19884 on or after 1st August 1998; or
c
a certificate of initial fitness which includes an examination of the relevant seat belts has been issued on or after 1st August 1998; or
d
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 Department is satisfied that the vehicle manufacturer holds—
i
ii
either—
A
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.
4
In this regulation—
“approval authority” has the same meaning as in Community Directive 70/15614;
“certificate of initial fitness” has the same meaning as in section 6 of the Public Passenger Vehicles Act 198115;
“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 199216 as adjusted by the Protocol signed at Brussels on 17th March 199317;
“ECE Regulation” and “Community Directive” have the meanings given by regulation 2(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 25th March 195818 as amended19 to which the United Kingdom is a party20; and
“relevant seat belt” means a seat belt, not being a disabled person’s belt or a child restraint, which—
- a
is fitted to a forward-facing seat other than as required by regulation 55 of the Construction and Use Regulations; and
- b
on or after 19th June 2000 either—
- i
has not undergone an examination and been found to comply with the prescribed statutory requirements referred to in item 34 in paragraph 5(c) 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.
- i
- a
New regulation 9A (requirements as to vehicles submitted for examinations)5
After regulation 9 of the principal Regulations there shall be inserted the following new regulation—
Requirements as to vehicles submitted for examinations9A
1
On being notified in writing by the Department, the applicant shall present the vehicle for inspection in clean condition, together with the registration book and previous test certificate or licence, if any, at the time and centre specified in the notice.
2
A vehicle examiner shall not be obliged to carry out an inspection where—
a
the vehicle is not submitted at the time and place notified to the applicant;
b
on submission of a vehicle for an inspection the applicant does not, after being requested to do so, produce the registration document and previous test certificate or licence, if any;
c
the correct fee in respect of that inspection has not been paid;
d
the particulars relating to that vehicle and shown in any application form relevant to that inspection are found to be substantially incorrect;
e
the vehicle, or any motor vehicle by which it is accompanied, or any part of or any equipment of the vehicle, is so dirty as to make it unreasonably difficult for the inspection to be carried out in accordance with the provisions of these Regulations;
f
the vehicle, or any motor vehicle by which it is accompanied, emits substantial quantities of avoidable smoke; or
g
an examiner is not able to complete the inspection due to the failure of a part of the vehicle, or 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, of the accompanying vehicle.
Amendment to regulation 10 (application for re-examinations)6
After paragraph (4) of regulation 10 of the principal Regulations there shall be inserted—
5
Where an application is made under paragraph (2) within 21 days from the date of service of the notice and the vehicle is presented for re-examination on a date and a time appointed by the Department, and some or all of the statutory requirements which were not complied with in the original examination relate to item 34 in paragraph 5(c) of Schedule 2, the fee payable is the appropriate fee determined in accordance with paragraph 3 of Schedule 1.
Amendment to regulation 17 (duplicate test certificates)7
In paragraph (2) of regulation 17 of the principal Regulations, for the words “paragraph 5 of Schedule 1” there shall be substituted “paragraph 6 of Schedule 1”.
Amendment to regulation 21 (fee payable for test under Article 75(5) or inspection under Article 81 of the Order)8
1
Regulation 21 of the principal Regulations shall be amended in accordance with paragraphs (2) and (3).
2
In paragraph (1), for the words “paragraph 4 of Schedule 1”, there shall be substituted “paragraph 5 of Schedule 1”.
3
In paragraph (2), for the words “paragraph 3 or 4”, there shall be substituted “paragraph 4 or 5”.
Amendment to Schedule 19
For Schedule 1 to the principal Regulations there shall be substituted the Schedule set out in Schedule 1 to these Regulations.
Amendment to Schedule 210
For Schedule 2 to the principal Regulations there shall be substituted the Schedule set out in Schedule 2 to these Regulations.
Amendment to Schedule 311
In Schedule 3 to the principal Regulations, after the word “seats,” there shall be inserted—
seat belts
Sealed with the Official Seal of the Department of the Environment on 27th April 2000.
SCHEDULE 1
SCHEDULE 1Fees
1
Fee payable for examination under regulation 7(2) or 10(3) or 15(1)
a
Vehicle in Class I or II
£10·50
b
Vehicle in Class III or IV
£17·00
c
Vehicle in Class V
£22·50
d
Vehicle in Class VA—
i
with 13 to 16 seats exclusive of driver
£32·50
ii
with 17 to 35 seats exclusive of driver
£41·50
iii
with more than 35 seats exclusive of driver
£51·00
e
Vehicle in Class VI
£22·50
f
Vehicle in Class VIA
£32·50
2
Fee payable for re-examination under regulation 10(4)
a
Vehicle in Class I or II
£7·50
b
Vehicle in Class III or IV
£9·50
c
Vehicle in Class V.
£12·50
d
Vehicle in Class VA—
i
with 13 to 16 seats exclusive of driver
£12·50
ii
with 17 to 35 seats exclusive of driver
£12·50
iii
with more than 35 seats exclusive of driver
£12·50
e
Vehicle in Class VI
£12·50
f
Vehicle in Class VIA
£12·50
3
Fee payable for re-examination under regulation 10(5)
a
Vehicle in Class VA—
i
with 13 to 16 seats exclusive of driver
£12·50
ii
with 17 to 35 seats exclusive of driver
£22·00
iii
with more than 35 seats exclusive of driver
£31·50
b
Vehicle in Class VIA
£12·50
4
Fee payable for a full examination under Article 81 of the Order
a
Vehicle in Class I or II
£10·50
b
Vehicle in Class III or IV
£17·00
c
Vehicle in Class V
£22·50
d
Vehicle in Class VA—
i
with 13 to 16 seats exclusive of driver
£32·50
ii
with 17 to 35 seats exclusive of driver
£41·50
iii
with more than 35 seats exclusive of driver
£51·00
e
Vehicle in Class VI
£22·50
f
Vehicle in Class VIA
£32·50
g
Public service vehicle (not being a taxi)
£45·00
h
Taxi
£32·00
i
Goods vehicle of 3,500 kgs maximum gross weight or under
£17·00
j
Goods vehicle over 3,500 kgs maximum gross weight—
i
2 axle rigid vehicle
£23·00
ii
3 axle rigid vehicle
£28·50
iii
4 axle rigid vehicle
£35·00
iv
articulated vehicle having a 2 axle drawing vehicle
£25·00
v
articulated vehicle having a 3 axle drawing vehicle
£32·50
k
Trailer
£22·00
5
Fee payable for a test under Article 75(5) of the Order or a partial inspection under Article 81 of the Order
a
Vehicle in Class I or II
£7·50
b
Vehicle in Class III or IV…
£9·50
c
Vehicle in Class V
£12·50
d
Vehicle in Class VI
£12·50
e
Public service vehicle (not being a taxi)
£12·50
f
Taxi
£11·00
g
Goods vehicle of 3,500 kgs maximum gross weight or under.
£10·00
h
Goods vehicle over 3,500 kgs maximum gross weight
£13·00
i
Trailer
£13·00
6
Fee payable for a duplicate test certificate
Any vehicle
£9·00
SCHEDULE 2
SCHEDULE 2The Prescribed Statutory Requirements for vehicles in classes I and II
1
a
The requirements contained in the following provisions of the Construction and Use Regulations:
Item No.
Regulations
Affecting
1
20, 21 and 24
Braking
2
29, 30, 31 and 32
Wheels and Tyres
3
34
Steering
4
40 and 41
Speedometer
5
44
Audible Warning Instrument
6
45
Sidestands
7
46
Fuel Tanks
8
65
Silencers
9
80
Vehicle Identification Number
10
82
Plates
b
The requirements contained in the following provisions of the Lighting Regulations:
Item No.
Regulations
Affecting
11
21 and 26
Front Position Lamp
12
21 and 26
Dipped Beam Headlamp
13
21 and 26
Main Beam Headlamp
14
21 and 26
Rear Position Lamp
15
21 and 26
Rear Retro Reflector
16
21 and 26
Stop Lamp
17
21 and 26
Direction Indicator
18
21 and 26
Rear Registration Plate Lamp
c
The requirements contained in the following provisions of the Road Vehicles (Registration and Licensing) Regulations (Northern Ireland) 197321:
Item No.
Regulation
Affecting
19
18, 19, 20 and 21
Registration Marks
The Prescribed Statutory Requirements for vehicles in class III
2
a
The requirements specified in items 1 to 5, 7 to 9 and 11 to 19, in paragraph 1.
b
The requirements contained in the following provisions of the Construction and Use Regulations:
Item No.
Regulations
Affecting
20
27
Structure and Suspension
21
35, 36 and 37
Glass and Field of Vision
22
38
Mirrors
23
39
Windscreen Cleaning
24
54, 55 and 56
Seat Belts and Anchorages fitted in accordance with the said regulations 54 and 55
25 the condition of the seat belts
115(1) (insofar as it relates to referred to in item 24 above, and and anchorages)
Seat Belts, other than those their anchorages
26
62
Mascots
27
79
Plates
c
The requirements contained in the following provisions of the Lighting Regulations:
Item No.
Regulations
Affecting
28
21 and 26
Rear Fog Lamp
The Prescribed Statutory Requirements for vehicles in class IV
3
a
The requirements specified in items 1 to 5, 7 to 9 and 11 to 28 in paragraphs 1 and 2.
b
The requirements contained in the following provisions of the Construction and Use Regulations:
Item No.
Regulations
Affecting
29
6, 7, 8, 9, 13 and 14
Dimensions
30
42 and 83
Speed Limiter
31
58 to 61
Rear Under-run Devices and Sideguards
32
74
Emissions
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.
The Prescribed Statutory Requirements for vehicles in class V
4
a
The requirements specified in items 1 to 5, 7 to 9, 11 to 30 and 32 in paragraphs 1 to 3.
b
The requirements of paragraph 3(c).
c
The requirements contained in the following provision of the Construction and Use Regulations:
Item No.
Regulations
Affecting
33
22
Braking
The Prescribed Statutory Requirements for vehicles in class VA
5
a
The requirements specified in items 1 to 5, 7 to 9, 11 to 30, 32 and 33 in paragraphs 1 to 4.
b
The requirements of paragraph 3(c).
c
The requirements contained in the following provision of the Construction and Use Regulations:
Item No.
Regulations
Affecting
34115(1) (insofar as it relates to the manner in which the seat belts and anchorages have been installed including, in the case of a seat which incorporates integral seat belt anchorages, the system by which the seat assembly itself is secured to the vehicle structure and the structure of the frame and legs of the seat)
Seat Belts, other than child restraints, disabled person’s belts or those referred to in item 24 of paragraph 2 above, fitted to forward-facing seats, and their anchorages
The Prescribed Statutory Requirements for vehicles in class VI
6
a
The requirements specified in items 1 to 5, 7 to 9, 11 to 30, 32 and 33 in paragraphs 1 to 4.
b
For minibuses of a type mentioned in regulation 50 of the Construction and Use Regulations, the requirements specified in Schedules 6 and 7 to those Regulations.
c
The requirements of the Community Recording Equipment Regulation insofar as they relate to the installation of recording equipment and the seals to be attached to such equipment.
The Prescribed Statutory Requirements for vehicles in class VIA
7
a
The requirements specified in items 1 to 5, 7 to 9, 11 to 30 and 32 to 34 in paragraphs 1 to 5.
b
The requirements of paragraphs 6(b) and (c).
(This note is not part of the Regulations)