Statutory Instruments

1982 No. 1715

ROAD TRAFFIC

The Motor Vehicles (Tests) Amendment (No. 4) Regulations 1982

Made

1st December 1982

Laid before Parliament

10th December 1982

Coming into Operation

1st January 1983

The Secretary of State for Transport, in exercise of the powers conferred by section 44(10A) of the Road Traffic Act 1972(1) and of all other enabling powers, and after consulting representative organisations in accordance with the provisions of section 199(2) of that Act, hereby makes the following Regulations:—

1. These Regulations shall come into operation on 1st January 1983 and may be cited as the Motor Vehicles (Tests) (Amendment) (No. 4) Regulations 1982.

2. The Motor Vehicles (Tests) Regulations 1981 are amended so that after Regulation 27 there is added the following Regulation:—“

“Certificates of temporary exemption

28.—(1) A public service vehicle in respect of which a certificate complying with the provisions specified in paragraph (2) below has been issued in the circumstances specified in paragraph (3) below is exempt from the provisions of section 44(1) of the Road Traffic Act 1972 until that certificate expires.

(2) Those provisions are that the certificate—

(a)is in a form approved by the Secretary of State which shall contain—

(i)the registration mark (if any) exhibited on the vehicle or, if no such mark is so exhibited, the chasis or serial number marked on the vehicle,

(ii)the date on which the certificate is issued, and

(iii)the period during which the vehicle is exempted from the provisions of section 44(1) of the Road Traffic Act 1972; and

(b)is signed by a person authorised in that behalf by the Secretary of State.

(3) The circumstances mentioned in paragraph (1) above are an accident, a fire, an epidemic, severe weather, a failure in the supply of essential services or other unexpected happening (excluding a breakdown or mechanical defect in a vehicle or non-delivery of spare parts therefor).

(4) No certificate shall be issued by virtue of this Regulation shall be valid for more than 3 months.”.

David Howell

Secretary of State for Transport

1st December 1982

EXPLANATORY NOTE

1. These Regulations further amend the Motor Vehicles (Tests) Regulations 1981 by exercising the power given by subsection (10A) of section 44 of the Road Traffic Act 1972 to exempt a public service vehicle adapted to carry more than 8 passengers from the provisions of subsection (1) of that section (which imposes a requirement for a test certificate to be issued in respect of certain vehicles in certain circumstances).

2. The said exemption depends on a certificate, and no such certificate shall be valid for more than 3 months.

(1)

section 44(10A) of which Act was inserted by virtue of section 16 of the Transport Act 1982 (c. 49).