xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part II E+W+S Testing, Marking and Approval of Vehicles

Prospective

Provision for private-sector plating and testingE+W+S

9 The testing and surveillance functions.E+W+S

The functions referred to in section 8(1) of this Act are set out below in this section under the heading of the Act under which they arise (taking references to sections, unless otherwise indicated, as references to sections of that Act).

[F1Functions under the 1988 Act]

F1Any determination under regulations made under [F2section 41] (construction and use regulations) of the suitability for operation in any particular manner (in terms of construction or design) of any public service vehicle (as defined by section 1 of the 1981 Act).

The carrying out or supervision of examinations and the issue or refusal of test certificates under regulations made under [F2section 45] (periodical tests of vehicles not subject to goods vehicle tests).

The issue of certificates of temporary exemption under regulations made under [F2section 48(4)] (exemption of certain public service vehicles from requirement of test certificate).

The carrying out or supervision of examinations and the issue or refusal of certificates under regulations made under [F2section 49] (examinations for plating and periodical tests of satisfactory condition of certain goods vehicles).

The issue of certificates of temporary exemption under regulations made under [F2section 53(5)(b)] (exemption from requirements with respect to plating certificates and goods vehicle test certificates).

The carrying out or supervision of, or the making of any requirement with respect to, the examination of a vehicle under regulations made under [F2section 61] (regulations for the purposes of type approval requirements).

The cancellation, suspension or amendment, on any examination of a vehicle carried out under regulations made under [F2section 61], of any certificate of conformity or Minister’s approval certificate for the vehicle.

[F3The power of entry, inspection and detention of vehicles under section 68, but only in relation to vehicles brought to the place of inspection in pursuance of a direction given by a vehicle examiner or a constable under subsection (3) of that section.]

The functions under [F2sections 69, [F469A,] 70 and 72] (imposition and removal of prohibitions on the driving of [F5vehicles]), with the exception of imposing and removing prohibitions under [F2section 70(2)] (vehicles exceeding weight limits).

Functions under the 1981 Act

The carrying out or supervision of examinations and the issue or refusal of certificates for the purposes of section 6(1)(a) (certificates of initial fitness for public service vehicles) under regulations made under subsection (1A) of that section.

F6. . ..

The carrying out or supervision of examinations and the issue or refusal of certificates under section 10 (certificates of conformity to type for public service vehicles).

The carrying out or supervision of examinations under regulations made under section 20(2A) (examination of public service vehicles in certain circumstances in the event of failure, damage or alteration).

The determination under regulations made under section 26 (control of number of passengers) of the number of seated passengers and standing passengers respectively—

(a)that a vehicle is constructed or adapted or fit to carry; or

(b)that may be carried in a vehicle.

Functions under the Road Traffic (Foreign Vehicles) Act 1972

Any functions under sections 1 and 2 (imposition and removal of prohibitions on driving of foreign vehciles), so far as exercisable in, or on the removal or remedying of, any of the circumstances mentioned in paragraph (a) or (in relation to a contravention of any provision of, or of regulations under, [F7the 1988 Act]) paragraph (b) of section 1(2).

Textual Amendments

F6Paragraph in s. 9 repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 48, 83, Sch. 4 para. 18(3) and Sch.8; S.I. 1992/1286, art. 2,Sch.