Road Traffic Act 1988 (c. 52)

Part II U.K. Construction and Use of Vehicles and Equipment

Modifications etc. (not altering text)

C1 Pt. II modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), art. 27

Testing vehicles on roads E+W+S

67 Testing of condition of vehicles on roads. E+W+S

(1) An authorised examiner may test a motor vehicle on a road for the purpose of—

[F1 (a) ascertaining whether the following requirements, namely—

(i) the construction and use requirements, and

(ii) the requirement that the condition of the vehicle is not such that its use on a road would involve a danger of injury to any person,

are complied with as respects the vehicle;]

(b) bringing to the notice of the driver any failure to comply with those requirements.

[F2 (2) For the purpose of testing a vehicle under this section the examiner—

(a) may require the driver to comply with his reasonable instructions, and

(b) may drive the vehicle.]

(3) A vehicle shall not be required to stop for a test except by a constable in uniform.

(4) The following persons may act as authorised examiners for the purposes of this section [F3 and section 67A of this Act]—

F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a person appointed as an examiner under section [F5 66A] of this Act,

(c) a person appointed to examine and inspect public carriages for the purposes of the M1 Metropolitan Public Carriage Act 1869,

(d) a person appointed to act for the purposes of this section by the Secretary of State,

(e) a constable authorised so to act by or [F6 on behalf of a] chief officer of police, and

(f) a person appointed by the police authority for a police area to act, under the directions of the chief officer of police, for the purposes of this section.

(5) A person mentioned in subsection (4)(a) to (d) and (f) must produce his authority to act for the purposes of this section if required to do so.

(6) On the examiner proceeding to test a vehicle under this section, the driver may, unless the test is required under subsection (7) or (8) below to be carried out forthwith, elect that the test shall be deferred to a time, and carried out at a place, fixed in accordance with Schedule 2 to this Act, and the provisions of that Schedule shall apply accordingly.

(7) Where it appears to a constable that, by reason of an accident having occurred owing to the presence of the vehicle on a road, it is requisite that a test should be carried out forthwith, he may require it to be so carried out and, if he is not to carry it out himself, may require that the vehicle shall not be taken away until the test has been carried out.

(8) Where in the opinion of a constable the vehicle is apparently so defective that it ought not to be allowed to proceed without a test being carried out, he may require the test to be carried out forthwith.

(9) If a person obstructs an authorised examiner acting under this section, or fails to comply with a requirement of this section or Schedule 2 to this Act, he is guilty of an offence.

(10) In this section and in Schedule 2 to this Act—

(a) “test” includes “inspect” or “inspection”, as the case may require, and

(b) references to a vehicle include references to a trailer drawn by it.

Textual Amendments

F1 S. 67(1)(a) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 10(2); S.I. 1992/1286, art. 2, Sch.

F2 S. 67(2) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 10(3); S.I. 1992/1286, art. 2,Sch.

F3 Words inserted (prosp.) by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 4, 8(3)(c), Sch. 2 Pt. III para. 24 (which insertion was repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 10(2); S.I. 1992/1286, art. 2, Sch. Appendix)

F4 S. 67(4)(a) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2,Sch.

F5 Words in s. 67(4)(b) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 10(4); S.I. 1992/1286, art. 2,Sch.

F6 Words in s. 67(4)(e) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 10(5); S.I. 1992/1286, art. 2,Sch.

Marginal Citations

M1 1869 c. 115.

Prospective

[F7 67A Remedying defects discovered on roadside test. E+W+S

(1) Where on testing a motor vehicle under section 67 of this Act it appears to an authorised examiner that there is a defect in the vehicle by reason that the vehicle does not comply with a construction and use requirement applicable to the vehicle, he may give a notice in writing to the person who is then the owner of the vehicle—

(a) specifying the defect and the requirement in question, and

(b) requiring him to give to the Secretary of State within the permitted period a certificate complying with subsection (4) below or a declaration complying with subsection (5) below.

(2) The powers conferred by subsection (1) above may be exercised whether or not the requirement is one mentioned in section 67(1) above and whether or not proceedings are instituted for a breach of the requirement.

(3) On testing a motor vehicle under section 67 of this Act an authorised examiner may require the person in charge of the vehicle to state whether he is the owner of the vehicle and, if he is not the owner, the name and address of the owner.

(4) A certificate under this section must contain—

(a) a statement signed by the person to whom the notice under this section was given that he has taken steps to secure—

(i) that repairs for the purpose of remedying the defects specified in the notice have been carried out at a vehicle testing station, or

(ii) that the vehicle has been examined at such a station for the purpose of ascertaining whether any such repairs have been carried out, and

(b) a statement signed by a person having power to carry out examinations at such a station under section 67 of this Act—

(i) that the signatory has either carried out any such repairs or examined the vehicle for the purpose of ascertaining whether those repairs have been carried out, and

(ii) that in his opinion the vehicle complies with the construction and use requirement specified in the notice.

(5) A declaration under this section—

(a) must be signed by the person to whom the notice under this section was given, and

(b) must state that he has sold or disposed of his interest in the vehicle to which the notice relates or that he does not intend to use it any further on a road in Great Britain.

(6) A person who, having been given a notice under this section, fails to give a certificate or declaration under this section within the permitted period to the Secretary of State is guilty of an offence.

(7) A person who fails to comply with a requirement imposed on him by an authorised examiner under subsection (3) above is guilty of an offence.

(8) The Secretary of State may by regulations make provision with respect to the examination of vehicles for the purpose of ascertaining whether any such repairs as are mentioned in subsection (4)(a) above have been carried out and with respect to the making of statements under subsection (4)(b) above and, in particular, any such regulations—

(a) may prescribe the manner in which, conditions under which and apparatus with which such examinations are carried out and make provision with respect to the maintenance of that apparatus in an efficient state, and with respect to the inspection of premises at which and apparatus with which such examinations are being, or are to be, carried out,

(b) may prescribe the manner in which applications may be made for such examinations or for such statements,

(c) shall give a right of appeal to any person aggrieved by the refusal of a person mentioned in subsection (4)(b) above to sign a certificate under that paragraph and shall prescribe the manner in which and time within which appeals under the regulations may be brought,

(d) may prescribe the information to be supplied and documents to be produced on such an application, examination or appeal,

(e) may prescribe the fees to be paid on such an application or appeal, and the repayment of the whole or of part of the fee paid on such appeal where it appears to the Secretary of State that there were substantial grounds for appeal,

(f) may prescribe the form of notices, certificates and declarations under this section and of notices of appeal and other documents required for the purposes of this section, and

(g) may make different provision for different cases.

(9) In this section “permitted period” means a period of twenty-eight days beginning with the date of the notice under this section or such longer period as the Secretary of State may, on the application of the owner of a motor vehicle, specify in writing.]

Textual Amendments

F7 Ss. 67A, 67B inserted (prosp.) by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 4, 8(3)(c), Sch. 2 Pt. III para. 25; which insertion was repealed (1.7.1992) by 1991 c. 40, s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch. 2, Appendix

Prospective

[F8 67B Tests to check whether defects have been remedied. E+W+S

(1) Where a certificate has been given under section 67A of this Act with respect to a motor vehicle, the Secretary of State may, within the period of thirty days beginning with the date on which he receives the certificate, require the person who is the owner of the vehicle at the time of the requirement to make the vehicle available for a further test by an officer of the Secretary of State.

(2) For that purpose the Secretary of State may request that person to specify—

(a) a period of seven days within which the examination is to take place, being a period falling within the period of thirty days beginning with the date of the requirement, disregarding any day in which the vehicle is outside Great Britain, and

(b) a place, or if that person thinks fit, a local government area, where the test may conveniently be carried out.

In this subsection “local government area” means, as respects England and Wales, a county district or Greater London and, as respects Scotland, a region or islands area.

(3) Where a vehicle is made available under subsection (1) above for a further test, any officer of the Secretary of State may test and inspect it for the purpose of ascertaining whether any defect specified in the notice relating to it under section 67A of this Act has been remedied.

(4) Section 67A of this Act shall apply in relation to a test under this section as it applies in relation to a test under section 67 of this Act but as if references to an authorised examiner were references to an officer of the Secretary of State.

(5) Paragraphs 3 and 4 of Schedule 2 to this Act shall apply in relation to a test under this section as they apply in relation to a deferred test, but subject to the following modifications—

(a) references to the preceding provisions of that Schedule shall be read as references to subsection (1) above,

(b) in those paragraphs “owner” shall have the meaning given by section 192 of this Act and not the meaning given by paragraph 5 of that Schedule, and

(c) the reference in paragraph 3 to premises shall be read as a reference to a place.

(6) If a person obstructs an officer of the Secretary of State acting under this section, or fails to comply with a requirement of this section or of paragraphs 3 and 4 of Schedule 2 as applied by this section, he is guilty of an offence.

(7) Any station or apparatus provided and maintained under section 45(6) of this Act by the Secretary of State or a council designated for the purpose of that section may be used by the Secretary of State or that council, as the case may be—

(a) for the carrying out of examinations for the purpose of ascertaining whether any such repairs as are mentioned in section 67A(4)(a) of this Act have been carried out, and

(b) for the carrying out of tests and inspections under this section.]

Textual Amendments

F8 Ss. 67A, 67B inserted (prosp.) by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 4, 8(3)(c), Sch. 2 Pt. III para. 25; which insertion was repealed (1.7.1992) by 1991 c. 40, s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch. 2, Appendix