The Motor Vehicles (Tests) Regulations 1981

PART VI E+W+S OTHER MATTERS

[F1 Other records to be kept and returns to be furnished E+W+S

22.— (1) Without prejudice to regulations 15, 16 and 18, authorised examiners, designated councils, inspectors and nominated testers shall, by electronic communication in the electronic record, or in such other form and by such other means as the Secretary of State may from time to time specify, record such particulars as may be so specified.

(2) Where the electronic record is temporarily inaccessible for the purpose of recording particulars pursuant to paragraph (1), the particulars shall be recorded in such other form and by such other means as the Secretary of State may specify.

(3) Where particulars are recorded as mentioned in paragraph (2), appropriate entries shall be made or, as the Secretary of State may require, be confirmed, in the electronic record as soon as reasonably practicable after it has become accessible.

(4) Records (other than the electronic record) under this regulation shall be kept for a period sufficient to ensure that, upon an inspection under regulation 24, particulars of any matter recorded within the period of 18 months preceding the date of the inspection are available for inspection.]

Textual Amendments

F1 Reg. 22 substituted (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 16 (with regs. 1(3), 24(1)(a))

[F2 Duplicate test certificates E+W+S

23.— (1) If a test certificate has been lost or defaced, an application for the issue of a duplicate of the original certificate may, at any time before the end of the period of 18 months beginning with the date on which the examination to which the certificate relates was carried out, be made—

(a) at the vehicle testing station from which the original certificate was obtained,

(b) at any other vehicle testing station, or

(c) at any office of VOSA.

(2) The applicant shall provide with his application—

(a) particulars of the registration mark (if any) of the vehicle concerned;

(b) where the application is made as mentioned in paragraph (1)(b), such other information as the authorised examiner or designated council at whose testing station the application is made reasonably requires in order to access relevant data from the electronic record;

(c) where the application is made as mentioned in paragraph (1)(c), such other information as the Secretary of State reasonably requires.

(3) The person to whom an application is made under paragraph (1) shall—

(a) upon tracing sufficient particulars of the certificate to which the application relates to enable a duplicate to be issued; and

(b) on being paid—

(i) where the certificate relates to a motor bicycle not having a side car attached to it, the amount equal to half of the fee specified in regulation 20(1)(a);

(ii) in any other case, £10,

issue a duplicate, marked “Duplicate”; and the duplicate so issued shall have the same effect as the original test certificate.

(4) A duplicate issued under paragraph (3) need not be signed by the person who carried out the examination as the result of which the original certificate was obtained.]

Textual Amendments

F2 Reg. 23 substituted (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 17 (with regs. 1(3), 24(1)(a))

[F3 Correction of errors in records and test certificates E+W+S

23A.— (1) A person authorised in that behalf by the Secretary of State may, in accordance with the terms of his authorisation, correct an error in the records or in any test certificate.

(2) Subject to paragraph (3), a test certificate may be corrected at any time during the period of the certificate’s validity.

(3) Where, in respect of the same vehicle, two or more test certificates are valid, a correction may be made only to the certificate that is the later or latest to be issued.

(4) The person by whom a correction is made shall—

(a) if appropriate, make an entry in the electronic record to reflect the correction; and

(b) where the correction is of an error in a test certificate, supply to the person who furnishes the certificate containing the error, the test certificate (as corrected) generated by the system supporting the electronic record.]

Textual Amendments

F3 Reg. 23A inserted (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 18 (with reg. 1(3))

Inspection of premises, apparatus and records E+W+S

24.   [F4 A person authorised by the Secretary of State] may at any time, during the normal working week on production if so required of his authority, enter any vehicle testing station of an [F5 authorised examiner or designated council] and upon such entry he shall be entitled to—

(a) inspect the station and the apparatus provided at the station for the purpose of carrying out examinations and watch any examination which may be taking place including any part of the examination which is carried out on a road or elsewhere than at the station,

(b) satisfy himself as to the efficiency of such apparatus and, in the case of apparatus designed to give an indication of a measurement, to require evidence to be furnished to him that it will do so accurately within reasonable limits,

(c) inspect all records F6 ... F7 ... which are required to be kept or preserved at that station in accordance with Regulation 22, and

(d) be furnished with such information as he may reasonably require with respect to any of the said matters.

Textual Amendments

F4 Words in reg. 24 substituted (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 19(a) (with reg. 1(3))

F5 Words in reg. 24 substituted (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 19(b) (with reg. 1(3))

F6 Words in reg. 24(c) omitted (1.6.2003) by virtue of The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 19(c) (with reg. 1(3))

F7 Words in reg. 24(c) omitted (18.3.1991) by virtue of The Motor Vehicles (Tests) (Amendment) (No. 1) Regulations 1991 (S.I. 1991/253), regs. 1(b), 8(3)(b)

Commencement Information

I1 Reg. 24 in force at 31.12.1981, see reg. 1

[F8 Return of apparatus and documents E+W+S

24A.— (1) Without prejudice to regulation 11, the Secretary of State may at any time, by notice or electronic communication to an authorised examiner or designated council, require the examiner or council—

(a) to deliver to him, at such place and within such period as may be specified in the notice or communication; or

(b) to permit the collection, from such premises as may be specified in the notice or communication, of,

apparatus or documents supplied to the examiner or council, by or on behalf of the Secretary of State, for the purposes of, or for purposes connected with, examinations to be carried out at any of the examiner’s or council’s vehicle testing stations.

(2) A communication or notice under paragraph (1) may refer to the delivery or collection of—

(a) particular apparatus or apparatus of a description specified in the communication or notice;

(b) a particular document or documents of a description so specified.]

Textual Amendments

F8 Reg. 24A inserted (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 20 (with reg. 1(3))

[F9 Charges for entries in the electronic record and payments on account E+W+S

25.— (1) An entry in the electronic record that the prescribed statutory requirements are complied with in relation to a vehicle shall not be made unless the authorised examiner or, as the case may be, the designated council at whose vehicle testing station the examination of the vehicle was carried out has paid to the Secretary of State the sum of £1.19.

(2) Every authorised examiner and every designated council shall make such payments to the Secretary of State in anticipation of charges that may become payable by them under paragraph (1) as will, in the opinion of the examiner or council, ensure that the requirements of regulation 15(1)(a) are capable of being met as regards examinations at each of their vehicle testing stations.

(3) Payments under paragraph (2)—

(a) must be designated by the examiner or council concerned as referable to a named vehicle testing station of the examiner or council; and

(b) may only be of an amount equal to the charge for 100 entries of the description mentioned in paragraph (1), or any multiple of 100.

Textual Amendments

F9 Regs. 25-25B substituted for reg. 25 (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 21 (with regs. 1(3), 24(1)(b))

Charges for apparatus, etc. connected with the electronic record E+W+S

25A.— (1) Subject to paragraphs (2) to (5), an authorised examiner or designated council shall pay to the Secretary of State or to such other person as, by notice to the examiner or council, he may direct, in respect of the provision by him, or on his behalf, of any apparatus or service specified in column (1) of the Table in Schedule 3 to these Regulations, the amount specified in relation to that apparatus or service in column (2) of that Table.

(2) Item 1 shall be provided free of charge unless—

(a) the visit is the second (or subsequent) to the vehicle testing station for the purpose of installing apparatus and is attributable to a failure on the part of the authorised examiner or, as the case may be, the designated council, to comply with requirements notified by or on behalf of the Secretary of State in advance of the date appointed for the first (or previous) visit; or

(b) the visit is attributable to the cancellation, by the authorised examiner or, as the case may be, the designated council, of an arrangement to install apparatus at an earlier date.

(3) The Secretary of State may waive any charge payable in respect of item 1 or item 2.

(4) Items 6 to 15 shall be provided free of charge where the apparatus to be replaced is unserviceable by reason of fair wear and tear.

(5) Item 16 shall be provided free of charge except where the apparatus to be replaced—

(a) is unserviceable for reasons other than fair wear and tear; and

(b) is the third (or subsequent) item of that description to have become unserviceable in the preceding five years for reasons other than fair wear and tear.

(6) Where, as respects apparatus of a description specified in column (1) of the Table in Schedule 3 to these Regulations—

(a) a person fails to comply with regulation 11(1) or a requirement imposed under regulation 24A(1); or

(b) the apparatus delivered or, as the case may be, made available for collection, in compliance with that provision or requirement, is in an unserviceable condition by reason other than fair wear and tear; or

(c) the person to whom it was supplied is unable to return it to the Secretary of State,

the Secretary of State may, by notice to the person concerned, require the payment to him of such amount, not exceeding that specified in relation to the apparatus in column (2) of that Table, as may be specified in the notice.

(7) In this regulation, references to a numbered item are references to the apparatus or service bearing that number in column (1) of the Table in Schedule 3 to these Regulations.

Textual Amendments

F9 Regs. 25-25B substituted for reg. 25 (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 21 (with regs. 1(3), 24(1)(b))

Refunds E+W+S

25B.— (1) As soon as reasonably practicable after a cessation has taken effect in accordance with regulation 9 or 10, the Secretary of State shall repay to the person or council concerned the amount (if any) determined in accordance with the formula A–B, where—

• “A” is the amount held by the Secretary of State immediately before the cessation on account of any charge that might have become payable by that person or council in connection with the carrying out of examinations; and

• “B” is the amount payable to the Secretary of State in accordance with regulation 25A(6).

(2) On receipt of any unused forms for test certificates sent to him in accordance with regulation 11(1) or (2), the Secretary of State shall repay to the person or council concerned, an amount equal to the amount paid to the Secretary of State by that person or council for the supply of those forms.

(3) Where unissued and cancelled forms for test certificates are returned to the Secretary of State because they have been spoilt or defaced, the Secretary of State may make a refund to the person or council concerned of such amount as he considers appropriate.]

Textual Amendments

F9 Regs. 25-25B substituted for reg. 25 (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 21 (with regs. 1(3), 24(1)(b))

Notices E+W+S

26.  Except as otherwise provided in these Regulations, every notice under these Regulations shall be—

(a) in writing, and

(b) if given by the Secretary of State to an examiner by post, addressed to the examiner at the registered office of the examiner if the examiner is a company and at the place specified in the authorisation of the examiner as his principal place of business in any other case.

Commencement Information

I2 Reg. 26 in force at 31.12.1981, see reg. 1

Computation of time E+W+S

27.  No period of time prescribed in these Regulations shall include any day which is [F10 a Saturday, Sunday, Good Friday, Christmas Day or] a bank holiday under the Banking and Financial Dealings Act 1971.

Textual Amendments

F10 Words in reg. 27 inserted (1.11.1983) by The Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 1983 (S.I. 1983/1434), regs. 1, 5

Commencement Information

I3 Reg. 27 in force at 31.12.1981, see reg. 1

[F11 Certificates of temporary exemption E+W+S

28.— (1) A public service vehicle in respect of which a certificate complying with the provisions specified in paragraph (2) below has been issued in the circumstances specified in paragraph (3) below is exempt from the provisions of section 44(1) of the Road Traffic Act 1972 until that certificate expires.

(2) Those provisions are that the certificate—

(a) is in a form approved by the Secretary of State which shall contain—

(i) the registration mark (if any) exhibited on the vehicle or, if no such mark is so exhibited, the chasis or serial number marked on the vehicle,

(ii) the date on which the certificate is issued, and

(iii) the period during which the vehicle is exempted from the provisions of section 44(1) of the Road Traffic Act 1972; and

(b) is signed by a person authorised in that behalf by the Secretary of State.

(3) The circumstances mentioned in paragraph (1) above are an accident, a fire, an epidemic, severe weather, a failure in the supply of essential services or other unexpected happening (excluding a breakdown or mechanical defect in a vehicle or non-delivery of spare parts therefor).

(4) No certificate F12 ... issued by virtue of this Regulation shall be valid for more than 3 months.]

Textual Amendments

F11 Reg. 28 added (1.1.1983) by The Motor Vehicles (Tests) Amendment (No. 4) Regulations 1982 (S.I. 1982/1715), regs. 1, 2

F12 Words in reg. 28(4) omitted (1.11.1983) by virtue of The Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 1983 (S.I. 1983/1434), regs. 1, 6

[F13 Access to particulars in the records E+W+S

29.   The Secretary of State may make particulars contained in the records (including the electronic record) available for use—

(a) by a chief officer of police; or

(b) on payment of a fee, if any is required by the Secretary of State to be paid, of such amount as appears to the Secretary of State to be reasonable in the circumstances of the case, by any person who can show to the satisfaction of the Secretary of State that he has reasonable cause for wanting the particulars to be made available to him.

Textual Amendments

F13 Regs. 29, 30 inserted (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 22 (with reg. 1(3))

Sale of particulars in, and information derived from, the records E+W+S

30.   The Secretary of State may sell particulars contained in, or information derived from, the records (including the electronic record)—

(a) to such persons as he thinks fit, and

(b) for such price and on such other terms, and subject to such restrictions, as he thinks fit,

if those particulars do not (or that information does not) identify the premises at which any examination was carried out or any person concerned with the carrying out of the examination.]

Textual Amendments

F13 Regs. 29, 30 inserted (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 22 (with reg. 1(3))