The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 2008

Statutory Instruments

2008 No. 1458

Public Passenger Transport

The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 2008

Made

5th June 2008

Laid before Parliament

12th June 2008

Coming into force

13th July 2008

The Secretary of State for Transport makes the following Regulation in exercise of the powers conferred by sections 10(1), 52(1) and 60 of the Public Passenger Vehicles Act 1981(1) and by virtue of the Department of Transport (Fees) Order 1988(2).

In accordance with section 61(2) of that Act she has consulted with such representative organisations as she thinks fit.

Citation and commencement

1.  These Regulations may be cited as the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 2008 and shall come into force on 13th July 2008.

Preliminary

2.  The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981(3) shall be amended as follows.

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

3.  In regulation 46(1), for “the PSV Centre at Welcombe House, 91-92 The Strand, Swansea, SA1 2DH” substitute “such office of the Vehicle and Operator Services Agency as he may direct”.

Increases in fees

4.  In the regulations specified in column (1) of the following Table for each amount specified in column (2) substitute the amount specified in column (3).

Table

(1)	(2)	(3)
Regulation	Existing Amount (£)	Substituted Amount (£)
46(2)(a)	256	269
46(2)(b)(i)	256	269
46(2)(b)(ii)	31	32
50(a)	1484	1558
	136	143
50(b)	733	770
50(c)	3176	3335
53	28	29
57(5)	20	21

Signed by authority of the Secretary of State

Jim Fitzpatrick

Parliamentary Under Secretary of State

Department for Transport

5th June 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 (“the 1981 Regulations”).

Regulation 3 amends regulation 46(1) of the 1981 Regulations so as to allow the Secretary of State to direct applications for a certificate of initial fitness to the appropriate administrative office. The change is necessary so as to accommodate the relocation of the PSV Centre. The address to which such applications is to be sent will be publicised in all places where information about these services is provided.

Regulation 4 makes amendments to regulations 46(2), 50, 53 and 57(5) of the 1981 Regulations. Regulation 46(2) prescribes the fees payable for inspections of public service vehicles. Regulation 50 prescribes the fees payable for vehicle type approval. Regulation 53 prescribes the fee payable for a certificate of conformity. Regulation 57(5) prescribes the fee payable for the issue of a duplicate certificate.

The increased fees are set out in the Table below. The percentage increases since the fees were last fixed are shown in brackets.

Table

Nature of service	Existing fee (£)	Substituted fee (£)
Certificate of initial fitness on the first application in respect of a public service vehicle.	256	269 (5.1%)
Certificate of initial fitness on any subsequent application when the testing which that application will require includes a test of stability under regulation 6 of the 1981 Regulations.	256	269 (5.1%)
Certificate of initial fitness on any subsequent application in any other case.	31	32 (3.2%)
Vehicle type approval pursuant to an application under regulation 48(2) of the 1981 Regulations.	1484	1558 (5%)
Vehicle type approval where vehicle conforms to a vehicle already approved as a type vehicle.	136	143 (5.1%)
Vehicle type approval pursuant to an application under regulation 48(3) of the 1981 Regulations.	733	770 (5%)
Vehicle type approval in any other case.	3176	3335 (5%)
Certificate of conformity.	28	29 (3.6%)
Duplicate certificate.	20	21 (5%)

An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the VOSA Corporate Office, Berkeley House, Croydon Street, Bristol BS5 0DA (telephone number: 0117 954 3200). A copy has been placed in the library of each House of Parliament. The impact assessment is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website www.opsi.gov.uk.

(1)

1981 c. 14; section 52(1) was amended by the Transport Act 1985 (c. 67) (“the 1985 Act”), Schedule 1, paragraph 7, Schedule 2, Part II, paragraph 4(14) and Schedule 8, and by the Deregulation and Contracting Out Act 1994 (c. 40), section 66(2); section 60(1) was amended by the 1985 Act, section 134(2), Schedule 2, Part II, paragraph 4(18) and Schedule 8; section 60(1A) was inserted by the 1985 Act, section 134(2); and section 61(2) was amended by the 1985 Act, section 135(1) and Schedule 8.

(2)

S.I. 1988/643, which was made under the Finance (No. 2) Act 1987 (c. 51), section 102. The relevant entries in S.I. 1988/643 are Schedule 1, Table V, items 1 and 2A.

(3)

S.I. 1981/257; relevant amending instruments are S.I. 1986/370, 1988/340, 1997/84, 1998/1670, 2000/1431, 2001/1649, 2002/489, 2003/1817, 2004/1880, 2005/1403 and 2342, and 2007/502.