The Motor Vehicles (Tests) (Amendment) (No. 3) Regulations 1991

Statutory Instruments

1991 No. 1525

ROAD TRAFFIC

The Motor Vehicles (Tests) (Amendment) (No. 3) Regulations 1991

Made

4th July 1991

Laid before Parliament

10th July 1991

Coming into force

for the purposes of regulations 8, 9 and 10

1st November 1991

for all other purposes

1st August 1991

The Secretary of State for Transport, in exercise of the powers conferred by sections 45 and 46 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:–

Citation and Commencement

1.  These Regulations may be cited as the Motor Vehicles (Tests) (Amendment)(No. 3) Regulations 1991 and shall come into force–

(a) for the purposes of regulations 8, 9 and 10 on 1st November 1991, and

(b) for all other purposes on 1st August 1991.

Introduction

2.  The Motor Vehicles (Tests) Regulations 1981(3) shall be further amended in accordance with the provisions of these Regulations.

Amendments coming into force on 1st August 1991

3.  In regulation 3(1) before the definition of “company” there shall be inserted the following definition–

• ““Community Recording Equipment Regulation” has the meaning given in section 85 of the Road Traffic Act 1988;”.

4.  In regulation 20–

(a) for paragraph (1) there shall be substituted–

“(1) Subject to the following provisions of this regulation, the fee payable for an examination of a vehicle pursuant to an application made under regulation 12 is–

(a) in the case of a motor bicycle not having a side car attached to it, £10.00;

(b) in the case of a vehicle in Class III or a motor bicycle with a side car attached to it, £16.65;

(c) in the case of a vehicle in Class IV, £16.65;

(d) in the case of a vehicle in Class V, £19.30;

(e) save as provided in paragraph (4), in the case of a vehicle in Class VI–

(i) if the vehicle is constructed or adapted to carry more than 12 passengers, £40.60,

(ii) in any other case, £28.30;

(f) in the case of a vehicle in Class VII, £19.30.”;

(b) paragraph (3)(b) shall be omitted;

(c) after paragraph (3) there shall be inserted–

“(3A) No fee shall be payable for the re-examination of a vehicle other than in Class VI if–

(a) the vehicle is re-examined at the same vehicle testing station where the vehicle failed the examination before the end of the next day following the examination on which the examiner, designated council or the Secretary of State (as the case may be) will accept vehicles for examination; and

(b) the re-examination relates only to one or more of the following requirements specified in Schedule 2–

(i) audible warning instruments,

(ii) (irection indicators,

(iii) lamps,

(iv) rear retro reflectors,

(v) seat belts, or

(vi) windscreen cleaning.”; and

(d) for paragraph (7)(c) there shall be substituted–

“(c) the re-examination relates only to one or more of the following requirements specified in Schedule 2–

(i) audible warning instruments,

(ii) bumpers,

(iii) cleanliness of body,

(iv) (irection indicators,

(v) field of vision,

(vi) fire extinguishing apparatus,

(vii) first aid equipment,

(viii) hazard warning signal device,

(ix) lamps,

(x) markings of doors,

(xi) markings of emergency exits,

(xii) markings of fuel tanks and carburettors,

(xiii) mirrors,

(xiv) rear retro reflectors,

(xv) spare wheel carrier,

(xvi) speed limiter and plate,

(xvii) speedometer,

(xviii) windscreen cleaning, and

(xix) the specified requirements of the Community Recording Equipment Regulation.”.

5.  In regulation 23(2) for the words “a fee of” and paragraphs (a), (aa), (b) and (c) there shall be substituted–

“(a) in the case of Class VI vehicle, a fee of £8.80; and

(b) in any other case, a fee which is calculated as half of the relevant fee specified in regulation 20(1), provided that when that calculation would have the result of the amount payable including a fraction of a penny then the amount shall be adjusted downwards to the nearest penny;”.

6.  In regulation 25(2) for “£35.50” there shall be substituted “£44.50”.

7.  In Schedule 2(3)–

(a) in paragraph 2(b) after item 21 there shall be inserted the following item–

• “21A 61 Emissions”; and

  (b)

  in paragraph 2(f) the words “(as defined in section 85 of the 1988 Act)” shall be omitted.

Amendments coming into force on 1st November 1991

8.  In regulation 3(1) in the definition of “light motor vehicle” the words “or more” shall be omitted.

9.  In regulation 20–

(a) in paragraph (1), as substituted by regulation 4(a) above–

(i) in sub-paragraph (c) for “£16.65” there shall be substituted “£20.00”; and

(ii) in sub-paragraph (f) for “£19.30” there shall be substituted “£22.60”; and

(b) in paragraph (3A)(b), as inserted by regulation 4(c) above, before paragraph (iii) there shall be inserted “(iiA) emissions,”.

10.  In Schedule 2–

(a) after item 9 there shall be added the following item–

• “9A 61 Emissions”;

  (b)

  in paragraph 2(a) for “items 1 to 16” there shall be substituted “items 1 to 9 and 10 to 16”; and

  (c)

  in paragraph 3 for “items 1 to 8 and 10 to 16” there shall be substituted “items 1 to 8 and 9A to 16”.

Signed by authority of the Secretary of State for Transport

Christopher Chope

Parliamentary Under Secretary of State,

Department of Transport

4th July 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Motor Vehicles (Tests) Regulations 1981 as follows.

Amendments coming into force on 1st August 1991

1.  Fees for test examinations are increased as follows:

(a) motor bicycles not having a side car attached, from £9.30 to £10;

(b) vehicles in Class III (“light motor vehicles” other than motor bicycles) or motor bicycles with a side car attached, from £15.50 to £16.65;

(c) vehicles in Class IV (“motor cars” or “heavy motor cars” not being vehicles in Class III, V, VI or VII), from £15.50 to £16.65;

(d) vehicles in Class V (“large passenger-carrying vehicles”, particular public service vehicles and play buses), from £15.50 to £19.30;

(e) vehicles in Class VII (goods vehicles with a design gross weight more than 3000 kgs but not more than 3500 kgs), from £18 to £19.30.

2.  In the case of the vehicles mentioned above, the fee for a duplicate test certificate is one half of the relevant fee.

3.  No fee shall be payable for re-examinations of vehicles other than in Class VI (Class VI consists of public service vehicles other than such vehicles in Class V) if–

(a) the vehicle is submitted for re-examination at the same vehicle testing station where it failed the examination before the end of the next working day; and

(b) the re-examination relates to one or more of the following matters – audible warning instruments, direction indicators, lamps, rear retro reflectors, seat belts (but not anchorages) and windscreen cleaning.

Fee for further examination is omitted. This covered vehicles brought within 14 days to any vehicle testing station both for repair and further examination

4.  The fee for the supply of 100 forms of test certificate is increased from £35.50 to £44.50.

5.  The prescribed statutory requirements for a test of a Class VI vehicle will include emissions. This corrects an omission from the amendments effected by the Motor Vehicles (Tests) (Amendment) (No. 1) Regulations 1991, (S.I. 1991/253).

6.  Drafting amendments are made to regulation 20(7) (re-examinations of Class VI vehicles for which no fee is payable) and to Schedule 2(f). The definition of “Community Recording Equipment Regulation” is transferred from Schedule 2 to regulation 3 (interpretation).

Amendments coming into force on 1st November 1991

7.  Fees for certain test examinations will be further increased (further to those mentioned in paragraph 1 of this note) as follows:

(a) vehicles in Class IV, from £16.65 to £20; and

(b) vehicles in Class VII, from £19.30 to £22.60.

8.  The prescribed statutory requirements for vehicles in Classes I to V and VII will include emissions.

9.  No fee shall be payable for re-examinations of vehicles other than in Class VI in the circumstances mentioned in paragraph 3(a) of this note when the re-examination relates to emissions.

10.  The definition of “light motor vehicles” (Class III vehicles) will be restricted to motor vehicles with three wheels, as opposed to those with three or more wheels as at present. Four wheeled “light motor vehicles” will come within Class IV.

(1)

1988 c. 52.

(2)

S.I. 1988/643; the relevant reference is paragraph 1 of Table III of Schedule 1.

(3)

S.I. 1981/1694; relevant amending instruments are S.I. 1989/920, 1990/1186 and 1991/253 and 455.