The Motor Vehicles (Tests) (Amendment) Regulations 2012

Statutory Instruments

2012 No. 307

Road Traffic

The Motor Vehicles (Tests) (Amendment) Regulations 2012

Made

7th February 2012

Laid before Parliament

13th February 2012

Coming into force

1st April 2012

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by sections 45(7) and 46(1)(f) and (7) of the Road Traffic Act 1988(1).

Representative organisations have been consulted in accordance with section 195(2) of that Act.

In determining the amount of the fees specified in these Regulations, the Secretary of State has taken into account the costs of the functions listed in paragraphs 21 to 27 of Schedule 1 to the Department for Transport (Fees) Order 2009(2) and has taken into account the matters listed in Schedule 2 to that Order in determining the costs of those functions.

Citation and commencement

1.  These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) Regulations 2012 and they come into force on 1st April 2012.

Amendment of Regulations

2.  The Motor Vehicles (Tests) Regulations 1981(3) are amended as follows.

Fees for examinations

3.—(1) Regulation 20 is amended as follows.

(2) In paragraph (1), for sub-paragraphs (e) and (ea) substitute—

“(e) save as provided in paragraph (4), in the case of a vehicle in Class VI or VIA constructed or adapted to carry more than 22 passengers—

(i) if the vehicle is tested at premises designated under section 8(3) of the 1981 Act(4) where the testing station concerned has been appointed for an examination at the applicant’s request, £132,

(ii) in any other case, £139;

(ea) save as provided in paragraph (4), in the case of a vehicle in Class VI or VIA constructed or adapted to carry 22 passengers or less—

(i) if the vehicle is tested at premises designated under section 8(3) of the 1981 Act where the testing station concerned has been appointed for an examination at the applicant’s request, £106,

(ii) in any other case, £111;”.

(3) In paragraph (4) in the Table, for each amount specified both in that Table and in column (1) in the following Table in relation to each type of fee, substitute the amount specified in column (2) of the following Table in relation to that amount.

Table

Normal Fee(£)		Out of Hours Fee(£)		Designated Premises Fee(£)		Out of Hours at Designated Premises Fee (£)
(1) Existing Amount	(2) Substituted Amount	(1) Existing Amount	(2) Substituted Amount	(1) Existing Amount	(2) Substituted Amount	(1) Existing Amount	(2) Substituted Amount
60	63	85	88	60	59	85	84
135	139	187	191	135	132	187	184
42	44	61	63	42	41	61	60
108	111	146	149	108	106	146	144

Signed by authority of the Signatory of State

Mike Penning

Parliamentary Under Secretary of State

Department for Transport

7th February 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (Tests) Regulations 1981 (“the 1981 Regulations”), which 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 3 makes amendments to regulation 20 of the 1981 Regulations. Regulation 20 prescribes the fees payable for examinations of vehicles pursuant to applications made under regulation 12 of those Regulations. In relation to class VI and class VIA vehicles, fees for tests conducted at designated premises (premises not provided by the vehicle and Operator Services Agency (VOSA)) are reduced, whilst fees for tests at premises provided by VOSA are increased.

The new fees for examinations of vehicles in Classes VI and VIA are set out in the following table (with percentage increases or decreases, since the fees were last fixed from 1st April 2010, shown in brackets) and take effect on 1st April 2012. Class VI and VIA vehicles are public service vehicles of the types specified in regulation 5 of the 1981 Regulations.

Table

Nature of examination	Normal	Out of Hours	Designated Premises	Out of Hours at Designated Premises
	(£)	(£)	(£)	(£)
Examination or re-examination more than 14 days after a previous examination of a vehicle constructed or adapted to carry more than 22 passengers.	139 (3.0%)	191 (2.1%)	132 (-2.2%)	184 (-1.6%)
Examination or re-examination more than 14 days after a previous examination of a vehicle constructed or adapted to carry 22 passengers or less.	111 (2.8%)	149 (2.1%)	106 (-1.9%)	144 (-1.4%)
Re-examination of a vehicle constructed or adapted to carry more than 22 passengers, within 14 days of previous examination.	63 (5.0%)	88 (3.5%)	59 (-1.7%)	84 (-1.2%)
Re-examination of a vehicle constructed or adapted to carry 22 passengers or less within 14 days of previous examination.	44 (4.8%)	63 (3.3%)	41 (-2.4%)	60 (-1.6%)

An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector has been carried out and is available from the VOSA Corporate Office, Berkeley House, Croydon Street, Bristol BS5 0DA (telephone: [phone]). 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 website www.legislation.gov.uk.

(1)

1988 c. 52; section 45 was amended by the Road Traffic Act 1991 (c. 40), Schedule 4, paragraph 52 and by the Road Traffic (Vehicle Testing) Act 1999 (c. 12), section 1; section 46 was substituted by the Road Traffic (Vehicle Testing) Act 1999, section 2.

(2)

S.I. 2009/711, as amended by S.I. 2009/1885. The relevant provisions in S.I. 2009/711 are articles 5(2) and (3) and 9.

(3)

S.I. 1981/1694; relevant amending instruments are S.I. 1982/783; 1983/1147; 1984/401 and 1126; 1985/834; 1986/372 and 904; 1988/339 and 989; 1989/920 and 1694; 1990/628 and 1186; 1991/253, 455, 1525 and 2229; 1992/566, 1609 and 3160; 1993/3011; 1994/2136; 1995/2438; 1996/1751; 1997/81; 1998/1672; 1999/2199; 2000/1432 and 2322; 2001/1648 and 3330; 2002/488 and 1698; 2003/1113, 1698 and 1815; 2004/1632 and 1879; 2005/1832 and 2341; 2006/1998 and 2680; 2007/506 and 1161; 2008/1402 and 1461; 2009/643 and 802; 2010/449.

(4)

1981 c.14.