The Motor Vehicles (Tests) (Amendment) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (Tests) Regulations 1981 (“the principal Regulations”). Subject to the exceptions mentioned below, they apply in relation to, and for purposes connected with, examinations of motor vehicles under Parts III and IV of the principal Regulations (“the MoT test”) carried out on or after 1st June 2003.

Many of the amendments to the principal Regulations reflect amendments to section 45 of the Road Traffic Act 1988 (“the 1988 Act”) made by the Road Traffic (Vehicle Testing) Act 1999 (“the section 45 amendments”). Those amendments provide that examinations under section 45 of the 1988 Act may only be carried out by “authorised examiners”, “nominated testers”, inspectors appointed by “designated councils” or examiners appointed under section 66A of the 1988 Act.

Regulation 3 of these Regulations amends regulation 3(1) of the principal Regulations, which defines expressions used in those Regulations.

Regulation 4 of these Regulations amends regulation 6 of the principal Regulations, which deals with exemptions. The amendments reflect the fact that, except to the extent provided by section 254 of the Greater London Authority Act 1999 (the “1999 Act”), the functions of the Secretary of State under the Private Hire Vehicles (London) Act 1988 (c. 34) have been transferred by subsection (1) of that section to Transport for London (established under section 154 of the 1999 Act).

Regulation 5 of, and Schedule 1 to, these Regulations replaces Part II of the principal Regulations, and is mainly consequential on the section 45 amendments. The new Part II makes provision—

(a) for applications for approval as nominated testers or inspectors, for authorisation as authorised examiners, and for designation (new regulations 7 and 7A);

(b) for the conditions to which approved or authorised persons and designated councils are to be subject (new regulations 8 to 8E);

(c) for the circumstances in which persons cease to be nominated testers, inspectors or authorised examiners, or councils cease to be designated (new regulations 9 and 10); and

(d) in those circumstances, for the return to the Secretary of State of documents and apparatus used for the purposes of, or in connection with, the carrying out of examinations (new regulation 11).

New regulation 8F, which qualifies new regulations 8B(h) and 8E(g), allows the display of vehicle testing stations signs of the size, colour and type shown in the diagram set out in Part 1 of Schedule 1 to the Traffic Signs Regulations 1994, notwithstanding the replacement of those Regulations by the Traffic Signs Regulations 2002, where the signs were displayed immediately before the coming into force of these Regulations.

Regulations 6 to 8 of these Regulations amend regulations 12 to 14 of the principal Regulations (applications for examinations, requirements as to vehicles submitted for examinations and conditions as to responsibility for damage to vehicles and third party liabilities, respectively) to reflect the section 45 amendments.

Regulation 9 of these Regulations substitutes regulation 15 (examinations) of the principal Regulations not only to reflect the section 45 amendments but also to make provision for the electronic recording of the results of MoT tests. Where the computerised record is not accessible at the time of the examination, the examiner is required to enter or confirm relevant particulars in the computerised record as soon as it becomes available. The person by whom the vehicle was submitted for examination may require the provision of the computer-generated certificate or notice of refusal in exchange for the certificate or notice issued at the time of the examination.

Regulation 10 of these Regulations amends regulation 16 (refusal of test certificate where braking test cannot be carried out) of the principal Regulations. The effect of the amendments is similar to that of the amendments made by regulation 9.

Regulation 11 of these Regulations amends regulation 17 (removal of vehicles submitted for examination) of the principal Regulations to reflect the section 45 amendments.

Regulation 12 of these Regulations amends regulation 18 (appeal on refusal of test certificate) of the principal Regulations. The first amendment substitutes a reference to an office of the Vehicle and Operator Services Agency (“VOSA”) for the reference to the office of a traffic area. (Regulation 3(1)(d) of these Regulations omits the definition of “traffic area” in regulation 3(1) of the principal Regulations.) The other amendments are similar in effect to those made by regulations 9 and 10.

Regulations 13 and 14 of these Regulations amend regulations 19 and 20 of the principal Regulations (payments to examiners and designated councils at whose premises examinations on appeals are carried out, and fees for examinations, respectively) to reflect the section 45 amendments.

Regulation 15 of these Regulations amends regulation 21 of the principal Regulations (fees on appeals) by substituting in the proviso to paragraph (4) a reference to the office of VOSA at which the appeal is lodged.

Regulations 16 and 17 of these Regulations substitute regulations 22 and 23 of the principal Regulations (records to be kept and returns to be furnished, and duplicate test certificates respectively) to reflect both the section 45 amendments and the introduction of the computerised record.

Regulation 18 of these Regulations introduces new regulation 23A of the principal Regulations. The new regulation provides for the correction of errors in records and test certificates.

Regulation 19 of these Regulations amends regulation 24 (inspection of premises, apparatus and records) of the principal Regulations to reflect both the section 45 amendments and the introduction of the computerised record.

Regulation 20 of these Regulations introduces new regulation 24A of the principal Regulations. The new regulation makes provision for the return to the Secretary of State of apparatus and documents provided in connection with the carrying out of vehicle examinations.

Regulation 21 of these Regulation substitutes regulation 25 of the principal Regulations and introduces new regulations 25A and 25B of the principal Regulations. The substituted regulation 25 makes provision for the payment to the Secretary of State by authorised examiners and designated councils of charges for the making of entries in the computerised record in respect of vehicles which pass the MoT test. The charge is set at £1.19 per entry. (There is no charge for entries in respect of vehicles which fail the MoT test.) Paragraph (2) of the new regulation requires the making of payments on account.

Authorised examiners and designated councils will be provided with apparatus with which to make entries in the computerised record, and will receive an initial installation visit, free of charge. New regulation 25A makes provision for circumstances in which the Secretary of State may charge for the provision of apparatus to replace that originally provided, and for certain services. The charges are set out in a new Schedule 3 to the principal Regulations, which is introduced by regulation 23 of these Regulations. Where apparatus is not returned in the circumstances mentioned in regulation 11 or 24A(1), is returned in an unserviceable condition (otherwise than by reason of fair wear and tear), or cannot be returned, paragraph (6) of the new regulation enables the Secretary of State to require a compensatory payment.

New regulation 25B provides for the making of refunds by the Secretary of State where a person ceases to be an authorised examiner or where a council cease to be designated, and in respect of the return to him of unused certificates, or spoilt or defaced certificates for which payment has been made in advance.

Regulation 22 of these Regulations introduces new regulations 29 and 30 of the principal Regulations. The new regulations make provision for access to particulars in the records and for the sale of particulars in, or of information derived from, the records.

Regulation 24 provides that the amendments made by regulations 9, 10(b), 12(b), 16 and 17, and, to the extent that it relates to new regulation 25 of the principal Regulations, regulation 20 of these Regulations, are not to apply in relation to examinations at any vehicle testing station at which the apparatus required to enable entries to be made in the computerised system has not been installed. It also provides that the amendments made by regulations 9 and 10 of these Regulations are not to apply in relation to the examination of vehicles classified, in accordance with regulation 5 of the principal Regulations, as vehicles of Class VI or Class VIA (certain types of public service vehicle).

Regulation 25 makes transitional provision to the effect that persons who are authorised to carry out examinations immediately before these Regulations come into force may continue to do so, and that councils continue to be designated, notwithstanding that they have not complied with the procedures contained in the substitute Part II of the principal Regulations. Subject to the exceptions mentioned in paragraphs (3) and (9), those persons and councils are treated as subject to the conditions set out in whichever of the new regulations 8A and 8E is applicable in their particular circumstances.

Regulation 26 reflects the replacement of the Traffic Signs Regulations 1994 by the Traffic Signs Regulations 2002. It amends the principal Regulations by omitting Part 1 of Schedule 1. See also the paragraph of this Note relating to new regulation 8F.

A regulatory impact assessment in respect of the Regulations may be inspected at the Department for Transport’s Library, Great Minister House, 76 Marsham Street, London, SW1P 4DR, from where a copy may be obtained. A copy has been placed in the library of each House of Parliament.