The Road Vehicles (Prohibition) (Amendment) Regulations 1997

Statutory Instruments

1997 No. 83

ROAD TRAFFIC

The Road Vehicles (Prohibition) (Amendment) Regulations 1997

Made

20th January 1997

Laid before Parliament

28th January 1997

Coming into force

3rd March 1997

The Secretary of State for Transport, in exercise of the powers conferred by section 72(8) and (9) of the Road Traffic Act 1988(1) and of all other powers enabling him in that behalf, 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 Road Vehicles (Prohibition) (Amendment) Regulations 1997 and shall come into force on 3rd March 1997.

Preliminary

2.  The Road Vehicles (Prohibition) Regulations 1992(2) shall be amended in accordance with the provisions of these Regulations.

Amendments relating to fees

3.—(1) Regulation 7 shall be amended as follows.

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

“(4) Regulations 12(4) and (4A), and 16(4), (4A), (5) and (5A) of the 1988 Regulations(3) shall apply with appropriate modification to an inspection or further inspection after a vehicle has failed an inspection.”

4.—(1) Regulation 8 shall be amended as follows.

(2) In paragraph (3), for the words “Regulation 20(2A), (3), (3A) and (4) of the 1981 Regulations”(4) there shall be substituted the words “Regulation 20(2A), (2B), (3), (3A) and (4) of the 1981 Regulations”.

Signed by authority of the Secretary of State for Transport

John Bowis

Parliamentary Under Secretary of State,

Department of Transport

20th January 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Road Vehicles (Prohibition) Regulations 1992 (“the 1992 Regulations”).

Regulation 7 of the 1992 Regulations, which prescribes the fee for the inspection of a goods vehicle with a view to the removal of a prohibition, is amended by regulation 3 of these Regulations as a consequence of amendments made to the Goods Vehicles (Plating and Testing) Regulations 1988 (S.I. 1988/1478) by the Goods Vehicles (Plating and Testing) (Amendment) Regulations 1997 (S.I. 1997/82).

Regulation 8 of the 1992 Regulations, which prescribes the fee for the inspection of a vehicle, other than a goods vehicle, with a view to the removal of a prohibition, is amended by regulation 4 of these Regulations as a consequence of amendments made to the Motor Vehicles (Tests) Regulations 1981 (S.I. 1981/1694) by the Motor Vehicles (Tests) (Amendment) Regulations 1997 (S.I. 1997/81).

(1)

1988 c. 52; section 72 was substituted by section 15 of the Road Traffic Act 1991 (c. 40).

(2)

S.I. 1992/1285.

(3)

“The 1988 Regulations” is defined in regulation 2(1) of the Road Vehicles (Prohibition) Regulations 1992 as meaning the Goods Vehicles (Plating and Testing) Regulations 1988 (S.I. 1988/1478). Relevant amending instruments are S.I. 1989/1693, 1991/45, 1992/564, 1993/2048, and 1997/82.

(4)

“The 1981 Regulations” is defined in regulation 2(1) of the Road Vehicles (Prohibition) Regulations 1992 as meaning the Motor Vehicles (Tests) Regulations 1981 (S.I. 1981/1694). Relevant amending instruments are S.I. 1984/401, 1986/372, 1989/1694, 1990/628, 1991/455, 1992/566 and 3160, 1993/3011, 1995/2438, and 1997/81.