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The Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 2002

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Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Motor Vehicles (Tests) Regulations 1981 (“the 1981 Regulations”). Those Regulations make provision for certain motor vehicles to be examined by persons authorised by the Secretary of State and for test certificates to be issued for vehicles that are found to meet certain requirements. These certificates are commonly referred to as “MOT Certificates”.

Regulation 20 of the 1981 Regulations prescribes the fees payable for examinations of vehicles pursuant to applications made under regulation 12 of those Regulations. Regulation 20 is amended by regulation 3 of these Regulations.

Regulation 3(2) makes amendments to regulation 20(1)(d)(i) and (da)(i) by substituting the number “16” for “22”. Under those provisions a higher fee is payable if a vehicle of Class V or VA is constructed or adapted to carry more than 16 passengers.

Regulation 3(3) makes an amendment to regulation 20(2A) by substituting the number “22” for “16”. This amendment should be read in conjunction with the Motor Vehicles (Tests) (Amendment) Regulations 2002 (S.I. 2002/488). A higher fee is payable if a vehicle is constructed or adapted to carry more than a certain specified number of passengers. The amendment of regulation 20(2A) by substituting the number “22” for “16” ensures that a higher fee becomes payable in all cases where the Public Service Vehicles Accessibility Regulations 2000 (S.I. 2000/1970) apply.

Regulation 3(4) increases, from 1st August 2002, the fees payable for test examinations of vehicles except those in Class VI or VIA. The increases are as follows, with the percentage increase since the fees were last fixed (on 1st November 2001) being shown in brackets—

(a)motor bicycles without a side car, from £14.30 to £14.65 (2.45%);

(b)motor bicycles with a side car, from £23.50 to £24.05 (2.34%);

(c)vehicles in Class III (“light motor vehicles” other than motor bicycles), from £27.50 to £28.15 (2.36%);

(d)vehicles in Class IV (“motor cars” and “heavy motor cars” not being vehicles within Class III, IVA, V, VA, VI, VIA, or VII)—

(i)from £39.40 to £41.10 (4.31%) if the vehicle is a minibus, and

(ii)from £37.60 to £39.25 (4.39%) in any other case;

(e)vehicles in Class IVA (being minibuses which are not within Class IV; the vehicles in this Class cover “minibuses”, other than those excluded by virtue of a certificate of initial fitness issued on or after 1st August 1998 or compliance with certain type approval requirements, not being vehicles within Class III, V or VA in respect of which any forward facing seat is fitted with a relevant seat belt), from £44.40 to £46.20 (4.05%);

(f)vehicles in Class V (“large passenger-carrying vehicles”, particular public service vehicles and “play buses” not being vehicles within Class VA)—

(i)from £58.90 to £60.35 (2.46%) if the vehicle is constructed or adapted to carry more than 16 passengers, and

(ii)from £43.40 to £44.45 (2.42%) in any other case;

(g)vehicles in Class VA (“large passenger-carrying vehicles”, particular public service vehicles and “play buses”, other than those excluded by virtue of a certificate of initial fitness issued on or after 1st August 1998 or compliance with certain type approval requirements, in respect of which any forward-facing seat is fitted with a relevant seat belt)—

(i)from £87.05 to £93.30 (7.18%) if the vehicle is constructed or adapted to carry more than 16 passengers, and

(ii)from £55.50 to £60.20 (8.47%) in any other case; and

(h)vehicles in Class VII (goods vehicles with a design gross weight of more than 3,000 kg but not more than 3,500 kg), from £39.20 to £43.15 (10.08%).

In the case of the vehicles mentioned above, under regulation 21 of the 1981 Regulations, the fee payable on an appeal against a notice of the refusal of a test certificate is the same amount as the fee payable for the examination. In the case of vehicles mentioned above, under regulation 23 of the 1981 Regulations, the fee for a duplicate test certificate is £10, except in the case of a motor bicycle without a side car where it is half the fee for a test of that vehicle.

A regulatory impact assessment has been prepared and copies can be obtained from the Department of Transport, Zone 2/05, Great Minster House, 76 Marsham Street, London SW1P 4DR (Telephone 020-7944 2457). A copy has been placed in the Library of each House of Parliament.

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