The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations replace with modifications the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1997, which are revoked.

2.  These Regulations prescribe the fees payable for the examination of vehicles and vehicle parts, the examination of complete vehicles and the issue of documents in connection with–

(a) the type approval of vehicles and vehicle parts and the authorisation of the application of approval marks to vehicles and vehicle parts for the purposes of Community Instruments and ECE Regulations; and

(b) the national scheme for the type approval of vehicles and vehicle parts established under sections 54 to 66 of the Road Traffic Act 1988, the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 (S.I. 1984/981) and the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 (S.I. 1982/1271).

3.  The Regulations also prescribe the fees payable for–

(a) the examination of premises with a view to their being approved for the purposes of carrying out examinations in accordance with a type approval scheme, a Community Instrument or an ECE Regulation; and

(b) advising a manufacturer whether his arrangements for securing conformity of production are likely to be accepted by the Secretary of State.

4.  The Regulations make the following changes of substance.

5.  With the exception of the fees for the examination of a complete vehicle under the national type approval scheme and the examination of a vehicle with a view to the issue of an EC vehicle type approval certificate, which remain fixed in accordance with regulations 5 and 6 (but subject to an increase of 7%), regulation 4 moves away from the previous system of fixed fees for examinations of vehicles or parts of vehicles.

6.  An examination of a vehicle or vehicle part carried out or supervised by an officer of the Department of the Environment, Transport and the Regions and any associated administrative work (other than the issue of a sound level measurement certificate or any document of a type specified in Schedule 3 or 4) is subject to a fee determined by the amount of work involved charged at the hourly rate of £82. Where the Secretary of State hires any premises or equipment for the purposes of such an examination a further fee is payable equal to the cost of the hiring.

7.  Where such an examination is, at the applicant’s request, carried out or supervised by a person appointed by the Secretary of State to act on his behalf, not being an officer of the Department of the Environment, Transport and the Regions, the fee payable will be equal to that person’s charges, such charges being calculated on a basis to be agreed in advance with the applicant. In addition, where an officer of that Department undertakes any administrative work associated with that examination (other than the issue of any document referred to in the previous paragraph) a further fee is payable determined by the amount of work involved charged at the hourly rate of £82.

8.  Regulation 7 provides that the fee for the inspection of data by an officer of the Department of the Environment, Transport and the Regions, with a view to the issue of certain certificates in circumstances where an examination is unnecessary, is to be determined by the amount of work involved charged at the hourly rate of £82. Where, at the applicant’s request, the inspection is carried out by a person appointed by the Secretary of State to act on his behalf, not being an officer of that Department, the fee payable will be equal to that person’s charges, such charges being calculated on a basis to be agreed in advance with the applicant.

9.  Regulations 9 and 10 retain the fixed fee basis for the issue of documents but subject to an overall increase of 7%.

10.  Although the travelling and subsistence fee relating to a visit outside the United Kingdom, in connection with an examination by one or more officers of the Department of the Environment, Transport and the Regions, remains the same, regulation 11 provides for such a fee to be payable where, at the applicant’s request, a visit is made by one or more persons, not being officers of that Department. In such a case, the fee will be equal to that person’s or those persons' expenses and charges incurred or expected to be incurred in respect of travelling and subsistence and time spent travelling and will be calculated on a basis to be agreed in advance with the applicant.

11.  In accordance with regulation 12, any fee for the carrying out or supervision, by or on behalf of the Secretary of State, of an examination of a vehicle or vehicle part and any associated administrative work (other than the issue of a sound level measurement certificate or any document of a type specified in Schedule 3 or 4) is to be paid when the applicant is notified of the fee payable. The fee payable will initially be calculated by reference to the Secretary of State’s estimate of the duration of the work likely to be required but it will be subject to recalculation to ensure that the fee actually paid reflects the work carried out.

12.  By regulation 13 the fees on withdrawals and cancellations are increased by 7% except that in the case of an examination which, at the applicant’s request, is carried out or supervised by a person appointed by the Secretary of State to act on his behalf, not being an officer of the Department of the Environment, Transport and the Regions, any cancellation fee is to be calculated on a basis to be agreed in advance with the applicant.

13.  By regulation 16 the hourly rate for determining the fee for examining premises with a view to their being approved by the Secretary of State for the examination of vehicles or vehicle parts is increased by 2.5% from £80 to £82.

14.  By regulation 17 the hourly rate for determining the fee for advising a manufacturer on whether his arrangements or proposed arrangements for securing conformity of production of vehicles are likely to be accepted by the Secretary of State is increased by 2.5% from £80 to £82. Where, however, such advice is, at the applicant’s request, given by a person appointed by the Secretary of State to act on his behalf, not being an officer of the Department of the Environment, Transport and the Regions, the fee payable is to be equal to that person’s charges; such charges to be calculated on a basis to be agreed in advance with the applicant.

15.  Regulation 18 introduces a supplement of 31% in respect of the fees for certain work carried out at the applicant’s request ‘out of hours’.

16.  Work carried out in the United States of America, Canada or Mexico by a person resident in the United States of America and acting for or on behalf of the Secretary of State will be subject to a mark-up of 43.5%. This figure was previously but erroneously stated as being 68%. In practice the mark-up was charged at approximately 33% thereby giving rise to an increase of approximately 10%.

17.  Work carried out in Japan, China, South Korea, Malaysia or Taiwan by a person resident in Japan and acting for or on behalf of the Secretary of State will be subject to a reduced mark-up of 59% (previously the equivalent of almost 100%).

18.  Copies of the ECE Regulations and Community Instruments referred to in these Regulations may be obtained from the Stationery Office.