2000 No. 151

ROAD TRAFFIC AND VEHICLES

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—

  1. a

    Large passenger-carrying vehicles

  2. b

    Ambulances with more than 16 seats in addition to the driver

  3. c

    Play buses

Class VA:

Motor vehicles, other than vehicles to which paragraph (3) applies, which are—

  1. a

    Large passenger-carrying vehicles

  2. b

    Ambulances with more than 16 seats in addition to the driver

  3. c

    Play buses

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

Class VI:

Motor vehicles which are—

  1. a

    Minibuses and

  2. 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—

  1. a

    Minibuses and

  2. 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

an approval issued by or on behalf of the approval authority of an EEA State confirming compliance with the installation requirements of Community Directives 77/5415, 82/3196, 90/6287, or 96/368; 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 76/1159, 81/57510, 82/31811, 90/62912, or 96/3813; 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.

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—

    1. a

      is fitted to a forward-facing seat other than as required by regulation 55 of the Construction and Use Regulations; and

    2. b

      on or after 19th June 2000 either—

      1. 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

      2. 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.

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.

J. RitchieA senior officer of theDepartment of the Environment

SCHEDULE 1

Regulation 9

SCHEDULE 1Fees

Regulations 7(2), 10(3), (4) and (5), 15(1), 17(2) and 21

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

Regulation 10

SCHEDULE 2The Prescribed Statutory Requirements for vehicles in classes I and II

Regulation 3(1)

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)

These Regulations further amend the Motor Vehicles Testing Regulations (Northern Ireland) 1995 (“the 1995 Regulations”). Those Regulations make provision for certain motor vehicles to be examined by persons authorised by the Department and for test certificates to be issued for vehicles that are found to meet certain requirements.

The amendments involve—

1

The introduction into the vehicle test of—

a

an annual check of the condition of all seat belts fitted to vehicles in Classes IV to VIA, other than those fitted in accordance with regulation 55 of the Motor Vehicles (Construction and Use) Regulations 1999, and their anchorages (“the condition check”); and

b

a single check of the quality of installation of all forward-facing seat belts fitted to vehicles in new Classes VA and VIA, other than child restraints, disabled person’s belts or those fitted in accordance with the said regulation 55, and their anchorages (“the installation check”);

2

Prescribing the fees payable for the revised vehicle test; and

3

Altering other fees and charges.

Regulation 2 makes consequential amendments to regulation 2 (interpretation) of the 1995 Regulations.

Regulations 3 and 10 introduce the condition check and the installation check as prescribed statutory requirements for the purposes of the vehicle test.

Regulation 4 introduces three new vehicle test Classes VA, VI and VIA for the purpose of the installation check. In practice Class VA will cover buses and coaches, while VI and VIA will cover minibuses and ambulances. With the exception of vehicles in respect of which an installation check has already been carried out on or after 19th June 2000 or certain type approval requirements relating to seat belts and anchorages are met, vehicles which formerly would have come within Class V and those which come within the new Class VI and which are fitted with relevant seat belts will now come within Class VA or VIA. Once these vehicles have passed the installation check they will revert to their former Class for the purpose of subsequent tests but will return to their respective ‘A' Class if further relevant seat belts are fitted so that a further installation check can be carried out.

Regulation 5 introduces a new provision allowing examiners to refuse to carry out an inspection in certain specified circumstances.

Regulation 9 substitutes for Schedule 1 (fees) of the 1995 Regulations a new Schedule. This amends several of the existing fees payable for examinations and introduces a number of new fees. The changes of substance are as follows—

1

Examinations—

a

for a vehicle in Class V, £22·50 (formerly £22·00);

b

for a vehicle in Class VA—

i

with 13 to 16 seats, exclusive of the driver, £32·50;

ii

with 17 to 35 seats, exclusive of the driver, £41·50; and

iii

with more than 35 seats, exclusive of the driver, £51·00;

c

for a vehicle in Class VI (formerly classed as minibuses), £22·50; and

d

for a vehicle in Class VIA, £32·50.

2

Re-examinations under regulation 10(4)—

a

for vehicles in Class V, £12·50 (formerly £11·00); and

b

for a vehicle in Classes VA, VI and VIA, £12·50.

3

Re-examinations under regulation 10(5)—

a

for a vehicle in Class VA—

i

with 13 to 16 seats, exclusive of the driver, £12·50;

ii

with 17 to 35 seats, exclusive of the driver, £22·00;

iii

with more than 35 seats, exclusive of the driver, £31·50; and

b

for a vehicle in Class VIA, £12·50.

4

Full examinations under Article 81 of the Road Traffic (Northern Ireland) Order 1995—

a

for a vehicle in Class I or II, £10·50;

b

for a vehicle in Class III or IV, £17·00;

c

for a vehicle in Class V, £22·50 (formerly £22·00);

d

for a vehicle in Class VA—

i

with 13 to 16 seats, exclusive of the driver, £32·50;

ii

with 17 to 35 seats, exclusive of the driver, £41·50;

iii

with more than 35 seats, exclusive of the driver, £51·00; and

e

for a vehicle in Class VI, £22·50;

f

for a vehicle in Class VIA, £32·50; and

g

for a public service vehicle, not being a taxi, £45·00 (formerly £35·00);

h

for a rigid goods vehicle over 3,500 kgs maximum gross weight—

i

with 2 axles, £23·00 (formerly £25·00);

ii

with 3 axles, £28·50 (formerly £30·00);

iii

with 4 axles, £35·00 (formerly £32·50); and

i

for an articulated vehicle with a two axle drawing vehicle, £25·00.

5

Tests under Article 75(5) or partial inspections under Article 81 of the Road Traffic (Northern Ireland) Order 1995—

i

for a vehicle in Class V, £12·50 (formerly £11·00);

ii

for a vehicle in Class VI, £12·50;

iii

for a public service vehicle, not being a taxi, £12·50 (formerly £11·00);

iv

for a taxi, £11·00 (formerly £10·00);

v

for a goods vehicle over 3,500 kgs gross weight, £13·00 (formerly £16·50); and

vi

for a trailer, £13·00 (formerly £11·00).

Copies of the ECE Regulation and relevant Community Instruments referred to in these Regulations may be obtained from The Stationery Office Bookshop, 16 Arthur Street, Belfast BT1 4GD.