C1 Part II Construction and Use of Vehicles and Equipment

Annotations:
Modifications etc. (not altering text)

Tests of certain classes of goods vehicles

53 Obligatory goods vehicle test certificates.

C21

If any person at any time on or after the relevant date—

a

uses on a road a F5... vehicle of a class required by F6relevant regulations to have been submitted for examination for plating, or

b

causes or permits to be used on a road a F5... vehicle of such a class,

and at that time there is no plating certificate in force for the vehicle, he is guilty of an offence.

In this subsection “relevant date”, in relation to any F5... vehicle, means the date by which it is required by the regulations to be submitted for examination for plating.

C22

If any person at any time on or after the relevant date—

a

uses on a road a F7vehicle of a class required by F8relevant regulations to have been submitted for a goods vehicle test, or

b

causes or permits to be used on a road a F10vehicle of such a class,

and at that time there is no goods vehicle test certificate in force for the vehicle, he is guilty of an offence.

In this subsection “relevant date”, in relation to F9any vehicle, means the date by which it is required by the regulations to be submitted for its first goods vehicle test.

3

Any person who—

a

uses a F3... vehicle on a road, or

b

causes or permits a F3... vehicle to be so used,

when an alteration has been made to the vehicle or its equipment which is required by F4relevant regulations to be, but has not been, notified to the Secretary of State F1or the prescribed testing authority is guilty of an offence.

4

In any proceedings for an offence under subsection (3) above, it shall be a defence to prove that the alteration was not specified in the relevant plating certificate in accordance with F11relevant regulations.

5

The Secretary of State may by regulations—

a

exempt from all or any of the preceding provisions of this section the use of goods vehicles for such purposes or in such an area as may be prescribed, and

F12b

make provision for and in connection with—

i

the issue in respect of a vehicle of a certificate of temporary exemption exempting that vehicle from the provisions of subsection (1) or (2) above for such period as may be specified in the certificate;

ii

the revocation of such a certificate.

F135A

The power under subsection (5)(b) includes power to—

a

make provision for a certificate of temporary exemption to be issued subject to conditions;

b

make different provision for different circumstances or cases;

c

confer functions on a person (including functions involving the exercise of a discretion).

F26

In this section “relevant regulations” means regulations made—

a

under section 49 of this Act, or

b

for the purposes of implementing 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.