Road Traffic Act 1988 (c. 52)

Part II U.K. Construction and Use of Vehicles and Equipment

Modifications etc. (not altering text)

C1 Pt. II modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), art. 27

Tests of vehicles other than goods vehicles to which section 49 applies E+W+S

45 Tests of satisfactory condition of vehicles. E+W+S

(1) This section applies to motor vehicles other than goods vehicles which are required by regulations under section 49 of this Act to be submitted for a vehicle test under that section and has effect for the purpose of ascertaining whether the [F1 following requirements are complied with, namely—

(a) the prescribed statutory requirements relating to the construction and condition of motor vehicles or their accessories or equipment, and

(b) the requirement that the condition of motor vehicles should not be such that their use on a road would involve a danger of injury to any person.]

(2) The Secretary of State may by regulations make provision—

(a) for the examination of vehicles submitted for examination under this section, and

(b) for the issue, where it is found on such an examination that the requirements mentioned in subsection (1) above are complied with, of a certificate (in this Act referred to as a “test certificate") that at the date of the examination the requirements were complied with in relation to the vehicle.

(3) Examinations for the purposes of this section shall be carried out by—

(a) persons, not being officers of the Secretary of State, authorised for those purposes by the Secretary of State (in this section and section 46 of this Act referred to as “authorised examiners”),

[F2 (za) individuals who are nominated by, and act under the supervision of, authorised examiners and are approved by the Secretary of State (in this section and section 46 of this Act referred to as “nominated testers”),]

F3 [(b) examiners appointed under section 66A of this Act]

[F4 (c) inspectors who are—

(i) appointed by any council designated by the Secretary of State for the purposes of this section and section 46 of this Act, being the council of a county, district or London borough or the Common Council of the City of London or a council constituted under section 2 of the M1 Local Government etc. (Scotland) Act 1994, and

(ii) approved by the Secretary of State.]

(4) Where a test certificate is refused, [F5 the person carrying out the examination] must issue a notification of the refusal stating the grounds of the refusal, and a person aggrieved by the refusal or the grounds of the refusal may appeal to the Secretary of State.

(5) On any such appeal the Secretary of State must cause a further examination to be made and either issue a test certificate or issue a notification of the refusal stating the grounds of the refusal.

(6) For the purposes of their functions under this section the Secretary of State or a council designated for the purposes of this section may provide and maintain—

(a) stations where examinations under this section may be carried out, and

(b) apparatus for carrying out such examinations.

[F6 (6A) The Secretary of State may provide, or make arrangements for the provision of, courses of instruction in connection with the carrying out of examinations under this section; and may charge prescribed fees in respect of attendance on such courses.

(6B) The Secretary of State shall maintain, or cause to be maintained, records containing such particulars as he thinks fit of—

(a) vehicles submitted for examination under this section, and

(b) the carrying out of and the results of the examinations.]

(7) The Secretary of State may make regulations under this section for the purpose of giving effect to this section and for prescribing anything authorised by this section and section 46 of this Act to be prescribed.

(8) In its application to vehicles in which recording equipment is required by Article 3 of the [F7 EU Tachographs Regulation] to be installed and used, this section shall have effect as if any reference to prescribed statutory requirements relating to the construction and condition of motor vehicles or their accessories or equipment included a reference to the prescribed requirements of so much of that Regulation as relates to the installation of recording equipment and the seals to be fixed to such equipment.

Subordinate Legislation Made

P1 S. 45 (with ss. 46 and 47(5)): power exercised by S.I. 1991/253

S. 45 (with s. 46): power exercised by S.I. 1991/455

For previous exercises of power under s. 45 see Index to Government Orders

P2 S. 45: s. 45 (with s. 46) power exercised (4.7.1991) by S. I. 1991/1525 and (7.10.1991) by S.I. 1991/2229

P3 S. 45 (with s. 46) power exercised (9.12.1991) by S.I. 1991/2791

Textual Amendments

F1 Words in s. 45(1) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 52(2); S.I. 1992/1286, art. 2, Sch.

F2 S. 45(3)(za) inserted (11.4.2003) by 1999 c. 12, ss. 1(1)(a), 9(2); S.I. 2003/1095, art. 2

F3 S. 45(3)(b) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 52(3); S.I. 1992/1286, art. 2, Sch.

F4 S. 45(3)(c) substituted (11.4.2003) by 1999 c. 12, s. 1(1)(b), 9(2); S.I. 2003/1095, art. 2

F5 Words in s. 45(4) substituted (11.4.2003) by 1999 c. 12, s. 1(2), 9(2); S.I. 2003/1095, art. 2

F6 S. 45(6A)(6B) inserted (1.6.2001 for certain purposes and otherwise 11.4.2003) by 1999 c. 12, ss. 1(3), 9(2); S.I. 2001/1896, art. 2(1); S.I. 2003/1095, art. 2

F7 Words in s. 45(8) substituted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 12(2)

Marginal Citations

M1 1994 c.39.