The Motor Vehicles (Tests) (Amendment) (No.2) Regulations 1989

Statutory Instruments

1989 No. 1694

ROAD TRAFFIC

The Motor Vehicles (Tests) (Amendment) (No.2) Regulations 1989

Made

19th September 1989

Laid before Parliament

27th September 1989

Coming into force

31st October 1989

The Secretary of State for Transport, in exercise of the powers conferred by sections 45(2) and 46(c) of the Road Traffic Act 1988(1) and by the Department of Transport (Fees) Order 1988(2), and of all other enabling powers, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:–

1.  These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No.2) Regulations 1989 and shall come into force on 31st October 1989.

2.  The Motor Vehicles (Tests) Regulations 1981(3) shall be further amended as follows.

3.—(1) The Table preceding regulation 12 shall be omitted.

(2) In regulation 12 –

(a) in paragraph 1(1), for the words “as indicated in the Table on page 12 ”there shall be substituted the words “and, subject to paragraph (1A) below, shall be in writing”; and

(b) after paragraph (1) there shall be inserted the following paragraph –

“(1A) An application for a re-examination of a vehicle in Class VI under these Regulations need not be in writing if the application is made before the expiration of 28 days after the last examination.”.

4.—(1) Regulation 20 shall be amended as follows.

(2) For sub-paragraph (a) of paragraph (2) there shall be substituted –

“(a) if the application is one to which regulation 12(1) applies (not being an application for an re-examination), at the time the application is made;”.

(3) In paragraph(2)(b), for the words before sub-paragraph (i) there shall be substituted the words “if the application is one to which Regulation 12(2) applies or, in the case of an application for a re-examination, is one to which Regulation 12(1) and (1A) applies –”.

(4) After paragraph (2) there shall be inserted the following paragraph –

“(2A) Where, in the case of a vehicle in Class VI, the date appointed for an examination is, at the request of the applicant, a Saturday, the fee payable for the examination shall be increased by £24.50 in the case of a vehicle which is constructed or adapted to carry more than 12 passengers, and £18.00 in any other case, such additional amount being payable on or before the date of the appointment.”.

(5) For paragraph (4) there shall be substituted the following paragraph –

“(4) Where, on an examination of a vehicle of a description specified in column 1 of the Table, it is found that some or all of the prescribed statutory requirements are not complied with, or when in the circumstances mentioned in Regulation 16, a full examination of the braking system or systems of the vehicle is not carried out, then the fee payable in respect of a further examination shall –

(a) in a case where the date appointed for the further examination is, at the request of the applicant a Saturday, be as shown in column 3 of the Table in relation to a vehicle of that description, and

(b) in any other case, be as shown in column 2 of the Table in relation to a vehicle of that description.

TABLE

FEES RELATING TO THE RE-EXAMINATION OF VEHICLES IN CLASS VI

Column 1	Column 2	Column 3
Description of vehicle	Normal fee	Saturday Fee
Vehicles in Class VI constructed or adapted to carry more than 12 passengers.	(a) £17.75, if the vehicle is sumitted for a further exaination within 14 days of the date of the issue of the notice of refusal of a test certificate, or	(a) £30, in the circumstances described in paragraph (a) of the entry in column 2, or
	(b) £36.25, in any other case.	(b) £60.75 in any other case.
Other vehicles in Class VI	(a) £12.50, if the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate, or	(a) £21.50, in the circustances described in paragraph (a) of the entry in column 2, or,
	(b) £25.25, in any other case.	(b) £43.25, in any other case.”.

(6) In paragraph (5B)(ii), for the words “the said fee” onwards there shall be substituted the words “the fee shall be reduced to £1.50 (the balance of any sum paid in respect of the fee being refundable)”.

Signed by authority of the Secretary of State

Robert Atkins

Parliamentary Under Secretary of State,

Department of Transport

19th September 1989

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (Tests) Regulations 1981 so as to make provision for fees for the examination of Class VI vehicles where an appointment for an examination is, at an applicant’s request, on a Saturday. The Regulations do not affect the fees for examinations in other circumstances. They remove the requirement for applications to the Secretary of State for an examination of a Class VI vehicle to be made at particular places (regulation 3) and extend the circumstances in which an application can be made other than in writing to all applications for a re-examination made within 28 days of the previous examination.

THE NORMAL FEES AND SATURDAY FEES ARE AS FOLLOWS:

Nature of Examination	Normal fee	Saturday fee
Examination under regulation 12 of the 1981 Regulations of a vehicle constructed or adapted to carry more than 12 passengers.	£36.25	£60.75
Examination under regulation 12 in any other case.	£25.25	£43.25
Re-examination of a vehicle constructed or adapted to carry more than 12 passengers, within 14 days of previous examination.	£17.75	£30.00
Re-examination of any other vehicle within 14 days of previous examination.	£12.50	£21.50
Re-examination of a vehicle constructed or adapted to carry more than 12 passengers, later than 14 days after previous examination.	£36.25	£60.75
Re-examination of any other vehicle later than 14 days after previous examination.	£25.25	£43.25

A minor amendment is made to regulation 20(5B)(ii) of the 1981 Regulations, concerning refunds.

(1)

1988 c. 52.

(2)

S.I. 1988/643 which was made under s.102 of the Finance (No.2) Act 1987 (c. 51). The relevant reference in S.I. 1988/643 is item 1 of Table III of Schedule 1.

(3)

S.I. 1981/1694; the relevant amending instruments are S.I. 1984/401, 1986/372, 1988/339 and 989, and 1989/321.