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Statutory Instruments

1998 No. 1672

ROAD TRAFFIC

The Motor Vehicles (Tests) (Amendment) Regulations 1998

Made

9th July 1998

Laid before Parliament

10th July 1998

Coming into force

1st August 1998

The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred by sections 45, 46 and 47(7) of the Road Traffic Act 1988(1) and by virtue of the Department of Transport (Fees) Order 1988(2), and of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:—

Citation and commencement

1.  These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) Regulations 1998 and shall come into force on 1st August 1998.

Preliminary

2.  The Motor Vehicles (Tests) Regulations 1981(3) shall be further amended in accordance with the following provisions of these Regulations.

Amendments to regulation 3 (interpretation)

3.  In regulation 3, in paragraph (1)—

(a)in the sub-paragraph which begins with the expression “agricultural motor vehicle”—

(i)there shall be inserted, before the expression “Ministry Plate”, the expression “minibus”; and

(ii)for “Regulation 3(1)” there shall be substituted “regulation 3(2)”; and

(b)after the definition of the expression “authorisation” there shall be inserted the following—

Amendments to regulation 4 (the prescribed statutory requirements)

4.  In regulation 4, in the Table in paragraph (2)—

(a)after item 3 there shall be inserted the following item—

3AIVAParagraph 3A of Schedule 2;

(b)after item 4 there shall be inserted the following item—

4AVAParagraph 4A of Schedule 2; and

(c)after item 5 there shall be inserted the following item—

5AVIAParagraph 5A of Schedule 2.

Amendments to regulation 5 (classification of vehicles and application of Regulations)

5.—(1) Regulation 5 shall be amended as follows.

(2) In paragraph (1) for the entries relating to Classes IV, V and VI there shall be substituted—

Class IV:Motor cars and heavy motor cars not being vehicles within Classes III, IVA, V, VA, VI, VIA or VII
Class IVA:Minibuses, other than vehicles to which paragraph (4) applies, not being vehicles within Classes III, V, VA, VI or VIA, in respect of which any forward-facing seat is fitted with a relevant seat belt
Class V:

Motor vehicles not being vehicles within Class VA which are—

(a)

Large passenger-carrying vehicles;

(b)

Public service vehicles—

(i)

of a type specified in paragraph (3), and

(ii)

constructed or adapted to carry more than 12 seated passengers, and

(c)

Play buses

Class VA:

Motor vehicles, other than vehicles to which paragraph (4) applies, which are—

(a)

Large passenger-carrying vehicles;

(b)

Public service vehicles—

(i)

of a type specified in paragraph (3), and

(ii)

constructed or adapted to carry more than 12 seated passengers, and

(c)

Play buses,

in respect of which any forward-facing seat is fitted with a relevant seat belt

Class VI:Public service vehicles, other than those of a type specified in paragraph (3), not being vehicles within Class VIA
Class VIA:Public service vehicles, not being vehicles to which paragraph (4) applies, other than those of a type specified in paragraph (3), in respect of which any forward facing seat is fitted with a relevant seat belt.

(3) In paragraph (3) for “Class V” there shall be substituted “Class V or VA”.

(4) After paragraph (3) there shall be added the following paragraphs—

(4) This paragraph applies to vehicles, in respect of which—

(a)a certificate of initial fitness has been issued on or after 1st August 1998; or

(b)one or more forward-facing seats are fitted with a relevant seat belt, which, when so equipped, are of a type of vehicle in respect of which the Secretary of State is satisfied that the vehicle manufacturer holds—

(i)an approval issued by or on behalf of the approval authority of an EEA State confirming compliance with the installation requirements of Community Directives 77/541(5), 82/319(6), 90/628(7) or 96/36(8); and

(ii)either—

(A)an approval issued by or on behalf of the approval authority of an EEA State confirming compliance with the technical and installation requirements of Community Directives 76/115(9), 81/575(10), 82/318(11), 90/629(12) or 96/38(13); or

(B)an approval issued by or on behalf of the competent authority of a contracting State confirming compliance with the technical and installation requirements of ECE Regulation 14, 14.01, 14.02 or 14.03.

(5) In this regulation—

Amendment to regulation 6 (exemptions)

6.  In regulation 6, in paragraph (3)(a), for “VI” there shall be substituted “VIA”.

Amendments to regulation 12 (applications for examinations)

7.  In regulation 12, in paragraphs (1), (1A) and (2), for “Class VI” there shall be substituted “Class VI or VIA”.

Amendment to regulation 13 (requirements as to vehicles submitted for examinations)

8.  In regulation 13, in paragraph (1)(f), for “Class VI” there shall be substituted “Class VI or VIA”.

Amendments to regulation 15 (results of examinations)

9.  In regulation 15, in paragraphs (3)(a) and (b), for “Class VI” there shall be substituted “Class VI or VIA”.

Amendment to regulation 16 (refusal of a test certificate where braking test cannot be carried out)

10.  In regulation 16, in paragraph (2), for “Class VI” there shall be substituted “Class VI or VIA”.

Amendments to regulation 20 (fees for examinations)

11.—(1) Regulation 20 shall be amended as follows.

(2) In each provision specified in column (1) of the Table below for the amount specified in relation to that provision in column (2) of that Table there shall be substituted the amount so specified in column (3) of that Table.

TABLE

(1)(2)(3)
RegulationExisting AmountSubstituted Amount
20(1)(a)£12.33£12.74
20(1)(aa)£20.64£21.28
20(1)(b)£24.12£25.02
20(1)(e)(i)£39.70£45.90
20(1)(e)(ii)£28.20£32.70
20(1)(f)£31.60£32.77

(3) In paragraph (1)—

(a)for sub-paragraph (c) there shall be substituted—

(c)in the case of a vehicle in Class IV—

(i)if the vehicle is a minibus, £32.62,

(ii)in any other case, £30.87;

(ca)in the case of a vehicle in Class IVA, £37.26;;

(b)for sub-paragraph (d) there shall be substituted—

(d)in the case of a vehicle in Class V—

(i)if the vehicle is constructed or adapted to carry more than 16 passengers, £51.88,

(ii)in any other case, £38.08;

(da)in the case of a vehicle in Class VA—

(i)if the vehicle is constructed or adapted to carry more than 16 passengers, £74.60,

(ii)in any other case, £46.55;; and

(c)after sub-paragraph (e) there shall be inserted—

(ea)save as provided in paragraphs (4A) and (4B), in the case of a vehicle in Class VIA—

(i)if the vehicle is constructed or adapted to carry more than 16 passengers, £76.90,

(ii)in any other case, £42.00;.

(4) In paragraphs (2A), (2B), (3), (5A), (5B) and (6) for “Class VI” there shall be substituted “Class VI or VIA”.

(5) In paragraph (3A) for “Class VI” there shall be substituted “Class IVA, VA, VI or VIA”.

(6) After paragraph (3A) there shall be inserted the following paragraphs—

(3B) Subject to paragraph (3C), where, on an examination of a vehicle in Class IVA or VA, it is found that some or all of the prescribed statutory requirements, other than those referred to in item 28A in paragraph 3A of Schedule 2, are not complied with, then, provided the vehicle is re-examined at the same vehicle testing station where it failed the examination, the fee payable for the re-examination shall be calculated as if the vehicle was in Class IV or V respectively.

(3C) No fee shall be payable for the re-examination of a vehicle in Class IVA or VA, in respect of which it is found that some or all of the prescribed statutory requirements, other than those referred to in item 28A in paragraph 3A of Schedule 2, are not complied with if—

(a)the vehicle is re-examined in the circumstances referred to in paragraph (3A)(a); and

(b)the re-examination relates only to one or more of the matters referred to in paragraph (3A)(b).

(7) In paragraph (4) for the Table there shall be substituted the following Table—

TABLE

FEES RELATING TO THE RE-EXAMINATION OF VEHICLES IN CLASS VI

Column 1Column 2Column 3Column 4Column 5
Description of VehicleNormal FeeOut of Hours FeeDesignated Premises FeeOut of Hours at Designated Premises Fee
Vehicles in Class VI constructed or adapted to carry more than 16 passengers.

(a)£23.00, if the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate, or

(b)£45.90, in any other case.

(a)£36.70, in the circumstances described in paragraph (a) of the entry in column 2, or

(b)£73.40, in any other case.

(a)£26.50, in the circumstances described in paragraph (a) of the entry in column 2, or

(b)£52.10, in any other case.

(a)£40.20, in the circumstances described in paragraph (a) of the entry in column 2, or

(b)£79.60, in any other case.

Other vehicles in Class VI.

(a)£16.40, if the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate, or

(b)£32.70, in any other case.

(a)£26.40, in the circumstances described in paragraph (a) of the entry in column 2, or

(b)£52.70, in any other case.

(a)£19.90, in the circumstances described in paragraph (a) of the entry in column 2, or

(b)£38.90, in any other case.

(a)£29.90, in the circumstances described in paragraph (a) of the entry in column 2, or

(b)£58.90, in any other case.

(8) After paragraph (4) there shall be inserted the following paragraphs—

(4A) Where, on an examination of a vehicle of a description specified in column 1 of the Table, it is found that some or all of the prescribed statutory requirements, including those referred to in item 28A in paragraph 3A of Schedule 2, are not complied with, then the fee payable in respect of a further examination—

(a)subject to sub-paragraph (c), in a case where the time appointed for the further examination is, at the applicant’s request, out of hours, shall be as shown in column 3 of the Table in relation to a vehicle of that description;

(b)subject to sub-paragraph (c), in a case where the vehicle testing station appointed for an examination is, at the applicant’s request, one which was designated under section 8(3) of the 1981 Act after 10th April 1995, shall be as shown in column 4 of the Table in relation to a vehicle of that description;

(c)in a case where both sub-paragraph (a) and (b) apply, shall be as shown in column 5 of the Table in relation to a vehicle of that description, and

(d)in any other case, shall be as shown in column 2 of the Table in relation to a vehicle of that description.

TABLE

FEES RELATING TO THE RE-EXAMINATION OF VEHICLES IN CLASS VIA

Column 1Column 2Column 3Column 4Column 5
Description of VehicleNormal FeeOut of Hours FeeDesignated Premises FeeOut of Hours at Designated Premises Fee
Vehicles in Class VIA constructed or adapted to carry more than 16 passengers.

(a)£36.10, if the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate, or

(b)£76.90, in any other case.

(a)£49.80, in the circumstances described in paragraph (a) of the entry in column 2, or

(b)£104.40, in any other case.

(a)£39.60, in the circumstances described in paragraph (a) of the entry in column 2, or

(b)£83.10, in any other case.

(a)£53.30, in the circumstances described in paragraph (a) of the entry in column 2, or

(b)£110.60, in any other case.

Other vehicles in Class VIA.

(a)£19.40, if the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate, or

(b)£42.00, in any other case.

(a)£29.40, in the circumstances described in paragraph (a) of the entry in column 2, or

(b)£62.00, in any other case.

(a)£22.90, in the circumstances described in paragraph (a) of the entry in column 2, or

(b)£48.20, in any other case.

(a)£32.90, in the circumstances described in paragraph (a) of the entry in column 2, or

(b)£68.20, in any other case.

(4B) Where, on an examination of a vehicle in Class VIA, it is found that some or all of the prescribed statutory requirements, other than those referred to in item 28A in paragraph 3A of Schedule 2, are not complied with, or when, in the circumstances mentioned in regulation 16, a full examination of the braking system or systems of the vehicle is not carried out, then the fee payable in respect of a further examination shall be calculated in accordance with paragraph (4) above as if the vehicle was in Class VI.

(9) In paragraph (5) for the words “paragraph (1) and (4)” there shall be substituted the words “paragraphs (1), (4), (4A) and (4B)”.

(10) In paragraph (7) for the words “fee prescribed in paragraph (4)” there shall be substituted the words “fees prescribed by paragraphs (4) and (4B)”.

Amendments to regulation 23 (duplicate test certificates)

12.—(1) Regulation 23 shall be amended as follows.

(2) In paragraph (1) for “Class VI”, in both places where it occurs, there shall be substituted “Class VI or VIA”.

(3) In paragraph (2) for sub-paragraphs (a) and (b) there shall be substituted—

(a)a fee of £10.00; or

(b)if less, a fee which is half of the relevant fee specified in regulation 20(1), provided that when that would have the result that the amount payable would include a fraction of a penny then the amount payable shall be adjusted downwards to the nearest penny;.

Amendment to regulation 25 (forms)

13.  In regulation 25, in paragraph (2), for “£49.00” there shall be substituted “£58.00”.

Amendments to Schedule 2

14.—(1) Schedule 2 shall be amended as follows.

(2) In paragraph 2 (the prescribed statutory requirements for vehicles in Class III) in the table in sub-paragraph (b), for item 19 there shall be substituted—

1946, 47 and 48Seat Belts and Anchorages fitted in accordance with the said regulations 46 and 47
19A100(1) (insofar as it relates to the condition of the seat belts and anchorages)Seat Belts, other than those referred to in item 19 above, and their anchorages

(3) After paragraph 3 (the prescribed statutory requirements for vehicles in Class IV) there shall be inserted—

THE PRESCRIBED STATUTORY REQUIREMENTS FOR VEHICLES IN CLASS IVA

3A.(a) The requirements specified in items 2, 3, 4 and 7 to 28 in paragraphs 1 to 3 above.

(b)The requirements contained in the following provision of the Construction and Use Regulations:—

Item No.RegulationsAffecting
28A100(1) (insofar as it relates to the manner in which the seat belts and anchorages have been installed including, in the case of a seat which incorporates integral seat belt anchorages, the system by which the seat assembly itself is secured to the vehicle structure)Seat Belts, other than child restraints, disabled person’s belts or those referred to in item 19 of paragraph 2 above, fitted to forward facing seats, and their anchorages

(4) After paragraph 4 (the prescribed statutory requirements for vehicles in Class V) there shall be inserted—

THE PRESCRIBED STATUTORY REQUIREMENTS FOR VEHICLES IN CLASS VA

4A.  The requirements specified in items 2, 3, 4, 7 to 13, 16 to 20, 22, 24 to 26 and 28 to 33 in paragraphs 1 to 4 above.

(5) In paragraph 5 (the prescribed statutory requirements for vehicles in Class VI) in sub-paragraph (a), for “26 and 28 to 33” there shall be substituted “26, 28 and 29 to 33”.

(6) After paragraph 5 there shall be inserted—

THE PRESCRIBED STATUTORY REQUIREMENTS FOR VEHICLES IN CLASS VIA

5A.(a) The requirements specified in items 2, 3, 4, 7 to 13, 16 to 20, 22, 24 to 26, 28 to 38 and 79 in paragraphs 1 to 5 above.

(b)For minibuses of a type mentioned in regulation 41 of the Construction and Use Regulations, the requirements specified in items 64 to 78 in paragraph 5 above.

(c)The requirements of the Community Recording Equipment Regulation(21) insofar as they relate to the installation of recording equipment and the seals to be affixed to such equipment.

(7) In paragraph 6 (the prescribed statutory requirements for vehicles in Class VII), for “and 15 to 29A in paragraphs 1 to 5 above” there shall be substituted “, 15 to 28, 29 and 29A in paragraphs 1 to 4 above”.

Signed by authority of the Secretary of State

Helene Hayman

Parliamentary Under-Secretary of State,

Department of the Environment, Transport and the Regions

9th July 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Motor Vehicles (Tests) Regulations 1981 (“the 1981 Regulations”). Those Regulations make provision for certain motor vehicles to be examined by persons authorised by the Secretary of State and for test certificates to be issued for vehicles that are found to meet certain requirements.

The amendments involve—

1.  the introduction into the ‘MOT’ test of—

(a)an annual check of the condition of all seat belts fitted to vehicles in Classes III to VII, other than those fitted in accordance with regulation 47 of the Motor Vehicles (Construction and Use) Regulations 1986, and their anchorages (“the condition check”); and

(b)a single check of the quality of installation of all forward facing seat belts fitted to vehicles in new Classes IVA, VA and VIA, other than child restraints, disabled persons belts or those fitted in accordance with the said regulation 47, and their anchorages (“the installation check”);

2.  prescribing the fees payable for the revised ‘MOT’ tests; and

3.  altering other fees and charges.

(1)

1988 c. 52; sections 45 and 46 were amended by paragraphs 52 and 53 of Schedule 4 to the Road Traffic Act 1991 (c. 40). Section 45 was also amended by paragraph 159 of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c. 39).

(2)

S.I. 1988/643, which was made under section 102 of the Finance (No. 2) Act 1987 (c. 51). The relevant amending instruments are S.I. 1995/1684 and S.I. 1996/1961 and the relevant entries in Table III of Schedule 1 are items 1 and 2.

(3)

S.I. 1981/1694; relevant amending instruments are 1982/814 and 1477, 1984/1126, 1985/1923, 1988/989 and 1894, 1989/1694, 1991/253, 1525 and 2229, 1992/1609 and 3160, 1993/3011, 1995/2438 and 1997/81 and 1679.

(4)

S.I. 1986/1078; relevant amending instrument is S.I. 1987/1133.

(5)

OJ No. L220, 29.8.77, p.95.

(6)

OJ No. L139, 19.5.82, p.17.

(7)

OJ No. L341, 6.12.90, p.1.

(8)

OJ No. L178, 17.7.96, p.15.

(9)

OJ No. L24, 30.1.76, p.6.

(10)

OJ No. L209, 29.7.81, p.30.

(11)

OJ No. L319, 19.5.82, p.9.

(12)

OJ No. L341, 6.12.90, p.14.

(13)

OJ No. L187, 26.7.96, p.95.

(14)

OJ No. L42, 23.2.70, p.1.

(15)

1981 c. 14; section 6(1)(a) was amended by paragraph 14 of Schedule 4 to the Road Traffic Act 1991 (c. 40).

(16)

Cmnd 2073.

(17)

Cmnd 2183.

(18)

Cmnd 2535.

(19)

Cmnd 3562.

(20)

By an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963.

(21)

“Community Recording Equipment Regulation” has the meaning given in section 85 of the Road Traffic Act 1988. The definition was substituted by S.I. 1996/941.