The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Road Vehicles (Registration and Licensing) Regulations 2002 (S.I. 2002/2742) (“the 2002 Regulations”).

The Vehicle Excise and Registration Act 1994 (“the 1994 Act”) was amended by the Finance Act 1998 to provide for reduced rates of vehicle excise duty to be applicable to certain buses, haulage vehicles and heavy goods vehicles when adapted so as to reduce pollution. The Vehicle Excise Duty (Reduced Pollution) Regulations 1998 (S.I. 1998/3094) (“the 1998 Regulations”) and the Vehicle Excise Duty (Reduced Pollution) (Amendment) Regulations 2000 (S.I. 2000/3274) (“the 2000 Regulations”) were revoked by regulation 2(1) of, and Part I of Schedule 1 to, the 2002 Regulations.

Regulation 5 of, and Schedule 2 to, the 2002 Regulations prescribe “the reduced pollution requirements” for the purposes of the 1994 Act which are the requirements that must be satisfied in order that reduced rates of vehicle excise duty may apply to a vehicle and provide for the issue of reduced pollution certificates where the requirements are found to be satisfied.

The fees for examinations are prescribed in paragraph 13 of Schedule 2 to the 2002 Regulations. Where an examination of a vehicle is carried out under paragraph 8 of Schedule 2 (re-examination of a vehicle for which a reduced pollution certificate is in force) no fee is payable.

Regulation 2 revokes the Vehicle Excise Duty (Reduced Pollution) (Amendment) Regulations 2003 (S.I. 2003/1814) (“the 2003 Regulations”). The 2003 Regulations amended the 1998 Regulations even though the 1998 Regulations and the 2000 Regulations had already been revoked by regulation 2(1) of, and Part I of Schedule 1 to, the 2002 Regulations.

Regulation 3 specifies the increased fees in paragraph 13 of Schedule 2 to the 2002 Regulations—

(a) the fee payable where the examination of the vehicle is not carried out at the same time as an examination of the vehicle for specified statutory purposes is increased by 4% from £25 to £26 (paragraph 13(1)(a));

(b) the fee payable where the examination of the vehicle is carried out at the same time as an examination of the vehicle for specified statutory purposes is increased by 3.3% from £15 to £15.50 (paragraph 13(1)(b));

(c) the fee payable if, at the request of the applicant, the time appointed for an examination of the vehicle is out of hours is increased by 7.1% from £8.40 to £9 (paragraph 13(2));

(d) the fee payable if, at the request of the applicant, an examination of the vehicle is carried out otherwise than at premises provided for and maintained by the Secretary of State for Transport under section 52 of the Road Traffic Act 1988 or Article 73 of the Road Traffic (Northern Ireland) Order 1995 (goods vehicle testing stations) is increased by 57.1% from £3.50 to £5.50 (paragraph 13(3)).

A regulatory impact assessment has been prepared and copies can be obtained from the Department for Transport, Zone 2/05, Great Minster House, 76 Marsham Street, London SW1P 4DR, (telephone number 020 7944 2455). A copy has been placed in the library of each House of Parliament.