The Goods Vehicles (Plating and Testing) (Amendment) (No. 2) Regulations 1997

Regulation 12

THE SCHEDULE NEW PART VA OF THE GOODS VEHICLES (PLATING AND TESTING) REGULATIONS 1988

“PART VA ALTERATION OF PLATED WEIGHTS WITHOUT EXAMINATION

Introduction

37A.— (1) This Part of these Regulations has effect by virtue of section 63A of the 1988 Act.

(2) The plated weights (or any of the plated weights) for a vehicle may be determined in accordance with the provisions of this Part, without an examination under these Regulations or under regulations made under section 61 of the 1988 Act.

(3) The plated weights for a vehicle may only be determined under this regulation if—

(a) a plating certificate is in force for the vehicle, and

(b) the alteration applied for would not affect the safety of the vehicle on the road.

Application for alteration of plated weights without examination

37B.— (1) Any person wishing the plated weights (or any of the plated weights) for a vehicle to be determined under regulation 37A(2) shall make an application for that purpose to the Secretary of State.

(2) Such an application shall be in the form approved by the Secretary of State, shall contain the particulars required by the form and shall be accompanied by a fee of £13.50.

Disposal of applications

37C.— (1) This regulation applies where an application is made under regulation 37B.

(2) Where the application falls to be determined under regulation 37A(2), a person authorised in that behalf by the Secretary of State (“an authorised person”) shall make such a determination and then—

(a) by notice inform the applicant that, on the information before him, he considers that the plated weights shown on the plating certificate are appropriate;

(b) amend the plating certificate; or

(c) issue a new plating certificate in place of the certificate previously in force and mark that previous certificate as cancelled.

(3) An authorised person amending or cancelling a plating certificate shall authenticate the amendment or cancellation by showing on the certificate or on a document securely attached to it his name and the date on which the amendment or cancellation takes effect.

(4) A new plating certificate issued under this regulation shall be signed by the authorised person who made the determination.

(5) The Secretary of State shall repay the fee paid on the application where—

(a) the application does not fall to be determined under regulation 37A(2); or

(b) the authorised person issues a notice in accordance with paragraph (2)(a).

Appeals

37D.   Regulation 37, shall apply with appropriate modifications to an appeal under section 63A(2) of the 1988 Act as it applies to an appeal by a person aggrieved by a determination made on a re-examination of a vehicle under Part V of these Regulations.”