The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 1998

Amendment of regulation 46 (applications and fees for certificates of initial fitness)

3.—(1) Regulation 46 shall be amended as follows.

(2) In paragraph (2), for sub-paragraph (a) there shall be substituted—

“(a) on the first application—

(i) £155.00 in the case of a vehicle to which paragraph (3) applies;

(ii) £124.00 in any other case, and”.

(3) After paragraph (2) there shall be inserted the following paragraphs—

“(3) This paragraph applies to a vehicle—

(a) in which one or more forward facing seats are fitted with a seat belt which—

(i) is not a disabled person’s belt or a child restraint; and

(ii) is fitted otherwise than as required by regulation 47 of the Road Vehicles (Construction and Use) Regulations 1986(1), and

(b) which, when so equipped, is not of a type of vehicle in respect of which the Secretary of State is satisfied that the vehicle manufacturer holds either of the approvals referred to in paragraph (4).

(4) For the purpose of paragraph (3) the approvals are either—

(a) an approval issued by or on behalf of the approval authority of an EEA State confirming compliance with the technical and installation requirements of Community Directives 76/115(2), 81/575(3), 82/318(4), 90/629(5) or 96/38(6); or

(b) an approval issued by or on behalf of the competent authority of a contracting State confirming compliance with the technical and installation requirements of ECE Regulation 14, 14.01, 14.02 or 14.03.

(5) In this regulation—

• “approval authority” has the same meaning as in Community Directive 70/156(7);

• “contracting State” means a State which is a party to the International Agreement;

• “EEA State” means a State which is a contracting party to the EEA Agreement;

• “EEA Agreement” means the agreement on the European Economic Area signed at Oporto on 2nd May 1992(8) as adjusted by the Protocol signed at Brussels on 17th March 1993(9);

• “ECE Regulation” and “Community Directive” have the meanings given by regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986; and

• “the International Agreement” means the agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958(10) as amended(11) to which the United Kingdom is a party(12).”

(1)

S.I. 1986/1078; relevant amending instruments are S.I. 1987/1133, 1989/1478 and 1865, 1991/2003, 1994/3270 and 1996/163.

(2)

OJ No. L24, 30.1.76, p.6.

(3)

OJ No. L209, 29.7.81, p.30.

(4)

OJ No. L319, 19.5.82, p.9.

(5)

OJ No. L341, 6.12.90, p.14.

(6)

OJ No. L187, 26.7.96, p.95.

(7)

OJ No. L42, 23.2.70, p.1.

(8)

Cmnd 2073.

(9)

Cmnd 2183.

(10)

Cmnd 2535.

(11)

Cmnd 3562.

(12)

By an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963.