The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981

PART V REGULATIONS RELATING TO CERTIFICATES OF INITIAL FITNESS, APPROVAL AS A TYPE VEHICLE AND CONFORMITY TO AN APPROVED TYPE VEHICLE

Applications and fees for certificates of initial fitness

46.—(1) Every application for a certificate of initial fitness shall be made to the traffic commissioners for the traffic area in which the vehicle is available for inspection, and on a form to be obtained from those commissioners.

(2) The prescribed fee for a certificate of initial fitness is £35.

Form of certificate of initial fitness

47.  A certificate of initial fitness shall be in the form set out in Schedule 6.

Applications for type approval

48.—(1) Every application for the approval of a vehicle as a type vehicle shall be made to the Minister in writing.

(2) Where the applicant represents that the vehicle in respect of which the application is made—

(a) conforms substantially to a vehicle already approved as a type vehicle;

(b) has a chassis which conforms to the chassis of a vehicle which has already been approved as a type vehicle; or

(c) has a body which conforms to the body of a vehicle which has already been approved as a type vehicle,

the application may, with the approval of the Minister, be made by way of reference to such type vehicle.

(3) Where the applicant represents that the vehicle in respect of which the application is made has a chassis and a body which have formed parts of different vehicles which have already been approved as type vehicles, the application may, with the approval of the Minister, be made by way of references to such type vehicles.

(4) Every application mentioned in paragraph (1), (2) or (3) shall be accompanied by two sets of such working drawings and such detailed specifications and calculations as the Minister may require, and the applicant shall, in respect of every such application, give the Minister facility to inspect and test the vehicle.

Copies of drawings and specifications

49.  On the approval by the Minister of a vehicle as a type vehicle under the provisions of the Act and these Regulations, the person who applied for such approval shall supply to the Minister such number of copies of the working drawings and of the detailed specifications and calculations which accompanied the application as the Minister may require.

Fees for type approval

50.  The prescribed fees for the approval of a vehicle as a type vehicle are as follows:—

(a) where an approval is given pursuant to an application under Regulation 48(2), £50, or where the Minister is satisfied that the vehicle in respect of which the application is made conforms except in unimportant details to a vehicle already approved as a type vehicle and where no inspection of the vehicle is made, £5;

(b) where an approval is given pursuant to an application under Regulation 48(3), £25;

(c) in any other case, £125.

Form of type approval certificate

51.  A type approval certificate shall be in the form set out in Schedule 7.

Form of declaration of conformity to an approved type vehicle

52.  Every application for a certificate of conformity shall be accompanied by a declaration, in a form specified in Schedule 8, by the manufacturer of the vehicle or by a person authorised by him in that behalf, that the vehicle in respect of which the application is made conforms in design, construction and equipment to an approved type vehicle.

Fee for a certificate of conformity

53.  The prescribed fee for a certificate of conformity is £5.

Form of certificate of conformity

54.  A certificate of conformity shall be in the form set out in Schedule 9.

Notification of registration mark

55.  If a certificate of fitness or a certificate of conformity is issued in respect of a vehicle before the vehicle to which the certificate relates is registered under the Vehicle (Excise) Act 1971 the person at whose application the registration is made shall, upon the vehicle being so registered, forthwith notify the Minister of the registration mark which has been assigned to the vehicle and shall send or deliver the certificate to him for noting and return.

Appeals relating to applications for a certificate of initial fitness or for a type approval certificate

56.  As regards an appeal made to the Minister by virtue of section 28(6) of the Transport Act 1980 against the refusal of a certifying officer to issue a certificate of initial fitness or a certificate under section 130 of the Road Traffic Act 1960—

(a) the prescribed time within which the appeal must be made is 28 days from the date on which the certifying officer sent to the person making the appeal a notification of his refusal to issue a certificate; and

(b) the prescribed manner in which the appeal must be made is that the appeal must be made in writing and contain a statement of the grounds on which the appeal is made.

Issue of duplicate certificates

57.—(1) If a certificate of conformity or a certificate of initial fitness has been lost or destroyed, the owner of the vehicle to which it relates shall forthwith notify the Minister so that the Minister, if satisfied that the certificate has been lost or destroyed, may issue a copy of the same marked as a duplicate.

(2) If a certificate referred to in paragraph (1) subsequently comes into the possession of the owner of the vehicle he shall forthwith return it to the Minister.

(3) If a certificate of conformity or a certificate of initial fitness becomes defaced or illegible the owner of the vehicle to which it relates shall return it to the Minister so that the Minister may issue a copy of the certificate marked as a duplicate.

(4) A copy of a certificate issued and marked as a duplicate in accordance with paragraph (1) or (3) shall have the same effect as the original certificate.