The Motor Vehicles (Tests) Regulations 1981

Conditions to be complied with by authorised examiners E+W+S

9.—(1) Subject to the provisions of these Regulations, every examiner shall comply with such conditions, if any, as may be specified in the authorisation of that examiner and also with the following conditions—

(a) the examiner shall carry out in accordance with these Regulations examinations of motor vehicles of any such class as is specified in the authorisation of the examiner and shall in all other respects comply with such of the provisions of these Regulations as apply to the examiner;

(b) the examiner shall arrange for examinations to be carried out or to be personally supervised, and for test certificates to be signed, by persons who—

(i) are competent to act for such a purpose; and

(ii) if they are not the examiner or, where the examiner is persons in partnership one of those persons, carry out the examination in a manner which is under the direct control of the examiner:

Provided that no person shall be first authorised to carry out or supervise an examination or sign a test certificate after 1st January 1977 unless he has successfully completed a course of instruction approved for the purpose by the Secretary of State;

(c) the examiner shall give notice to the Secretary of State at the office of the traffic area in which is situated the vehicle testing station of that examiner of the names of all persons who are from time to time authorised in pursuance of arrangements made in accordance with sub-paragraph (b) above to carry out or personally supervise examinations at that station and in either case to sign test certificates; and every such notice shall be given within seven days after the date of any such authorisation;

(d) the examiner shall put up and keep exhibited inside the vehicle testing station of that examiner in some conspicuous place so as to be legible to persons submitting vehicles for examination at that station—

(i) the authorisation in which that vehicle testing station is specified, and

(ii) a list of the names of the persons for the time being authorised to carry out or personally supervise examinations at that station and in either case to sign test certificates;

(e) the examiner shall put up and keep exhibited outside the vehicle testing station of that examiner in a conspicuous place a sign of the size, colour and type shown in the diagram set out in Part I of Schedule 1 and complying with the conditions specified in Part II of Schedule 1;

(f) the examiner shall, after not less than three clear days' notice given to that examiner by the Secretary of State, make the vehicle testing station of that examiner and the apparatus at that station with which examinations are carried out available for the purpose of an examination to be carried out by the Secretary of State as a result of an appeal which has been made against the refusal of a test certificate (whether by that or any other authorised examiner or by an inspector appointed by a designated council or the Secretary of State);

(g) the examiner shall give notice to the Secretary of State at the office of the traffic area in which is situated the vehicle testing station of the examiner—

(i) in a case where the examiner is the sole individual named in an authorisation, of his entering into any partnership with a view to carrying on a business which will comprise the carrying out of examinations at that station; and

(ii) in a case where the examiner is persons in partnership, of any change in the constitution of the firm,

and such notice shall be given not later than seven days after the occurrence of the entry into partnership or the change in the constitution, as the case may be.

(2) The Secretary of State may give notice to an examiner that in the opinion of the Secretary of State any person should not carry out or supervise examinations, or sign test certificates, and on receipt of that notice the examiner shall arrange that that person shall no longer carry out or supervise examinations or sign test certificates, as the case may require.

[F1 (3) Without prejudice to paragraph (2), the Secretary of State may give notice to an examiner—

(a) that a person has not attended a course of instruction approved by the Secretary of State when required to attend such a course by the Secretary of State; or

(b) that a person has attended such a course when required to do so by the Secretary of State but did not successfully complete it,

and on receipt of the notice the examiner shall arrange that the person shall no longer carry out or supervise examinations or sign test certificates, as the case may be.]

Textual Amendments

F1 Reg. 9(3) inserted (9.10.1995) by The Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 1995 (S.I. 1995/2438), regs. 1, 3

Commencement Information

I1 Reg. 9 in force at 31.12.1981, see reg. 1