The Motor Vehicles (Tests) Regulations 1981

Refusal of a test certificate where braking test cannot be carried out

16.—(1) Where in the course of an examination of a vehicle by an examiner or an inspector appointed by a designated council or the Secretary of State it is found that there are such defects in the construction or condition of the vehicle or its equipment or accessories that to carry out a braking test of the vehicle in the manner in which braking tests of such vehicles are carried out at the vehicle testing station at which the examination is being carried out would be likely to cause danger to any person or damage to the vehicle or any other property, the examiner or inspector shall not carry out the braking test but shall complete the rest of the examination in accordance with the provisions of these Regulations.

(2) Where in any such case as is mentioned in paragraph (1) an examiner or inspector does not carry out a braking test of a vehicle, he shall provide the applicant for the test with a notice on a form marked “VT22” or, if it relates to a Class VI vehicle, “VTP30”, supplied by the Secretary of State and stating—

(a) that he could not safely carry out the braking test, and the reason therefor, and

(b) the particulars mentioned in Regulation 15(2)(b)(ii) and (iii).

(3) In this Regulation “braking test”, means that part of the examination of that vehicle which is required or authorised to be carried out to ascertain whether the braking requirements are complied with.