C1 Part II Construction and Use of Vehicles and Equipment
Testing vehicles on roads
67 Testing of condition of vehicles on roads.
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
F9Subject to subsection (3A)A vehicle shall not be required to stop for a test except by a constable in uniform.
3A
A stopping officer may direct the driver of a vehicle to stop the vehicle for the purposes of a test if the vehicle appears to the officer to be one to which subsection (3B) could apply.
F193B
This subsection applies to—
a
vehicles—
i
in categories M2 and M3,
ii
in categories O3 and O4,
as defined in Annex II to the road vehicles type approval Directive,
b
vehicles in categories N2 and N3, as defined in article 2(1) of Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers, and
c
vehicles in category T, as defined in Article 4(1) of the tractor type approval Regulation.
4
The following persons may act as authorised examiners for the purposes of this section F3and section 67A of this Act—
F4a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
a person appointed as an examiner under section F566A of this Act,
c
a person appointed to examine and inspect public carriages for the purposes of the M1Metropolitan Public Carriage Act 1869,
d
a person appointed to act for the purposes of this section by the Secretary of State,
F15ea
a person appointed by a chief officer of police in England or Wales (other than the Commissioner of Police for the City of London) to act, under the directions of that chief officer, for the purposes of this section, and
5
A person mentioned in subsection (4)(a) to (d) F16, (ea) 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 F12—
a
a constable, or
a
in the case of a vehicle to which subsection (3B) applies, a stopping officer,
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, F10the constable or stopping officer may require it to be so carried out and, if F10the constable or stopping officer 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 F13—
a
a constable, or
b
in the case of a vehicle to which subsection (3B) applies, a stopping officer,
the vehicle is apparently so defective that it ought not to be allowed to proceed without a test being carried out, F11the constable or stopping officer 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.
F209A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
67A Remedying defects discovered on roadside test.
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
67B Tests to check whether defects have been remedied.
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. II modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), art. 27