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Statutory Instruments

2008 No. 1461

Road Traffic

The Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 2008

Made

5th June 2008

Laid before Parliament

12th June 2008

Coming into force

13th July 2008

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by sections 45 and 46 of the Road Traffic Act 1988(1) and by virtue of the Department of Transport (Fees) Order 1988(2).

In accordance with section 195(2) of that Act she has consulted with such representative organisations as she thinks fit.

Citation and commencement

1.  These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 2008 and shall come into force on 13th July 2008.

Amendment to regulation 20 (fees for examinations)

2.—(1) Regulation 20 of the Motor Vehicles (Tests) Regulations 1981(3) shall be amended as follows.

(2) In the regulations specified in column (1) of the Table below, for each amount specified in column (2) substitute the amount specified in column (3).

Table

(1)(2)(3)
RegulationExisting Amount (£)Substituted Amount (£)
20(1)(e)(i)80.0084.00
20(1)(e)(ii)56.0059.00
20(1)(ea)(i)80.0084.00
20(1)(ea)(ii)56.0059.00
20(2A)46.0048.00
34.0035.00

(3) In the Table in paragraph (4), for each amount specified in column (1) of the Table below, substitute the amount specified in column (2).

Table

(1)(2)(1)(2)(1)(2
Existing Amount (£)Substituted Amount (£)Existing Amount (£)Substituted Amount (£)Existing Amount (£)Substituted Amount (£)
53.0055.0092.0096.0056.0059.00
75.0078.00138.00144.0090.0094.00
60.0063.0037.0038.0068.0071.00
82.0086.0054.0055.00102.00106.00
80.0084.0044.0046.00
126.00132.0061.0063.00

Signed by authority of the Secretary of State

Jim Fitzpatrick

Parliamentary Under Secretary of State

Department for Transport

5th June 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations 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. These certificates are commonly referred to as “MOT Certificates”.

Regulation 3 makes amendments to regulation 20 of the 1981 Regulations. Regulation 20 prescribes the fees payable for examinations of vehicles pursuant to applications made under regulation 12 of those Regulations.

The increased fees for examinations of vehicles in Classes VI and VIA (public service vehicles other than those of a type specified in regulation 5(3) of the 1981 Regulations and those excluded by virtue of a certificate of initial fitness issued on or after 1st August 1998 or compliance with certain type approval requirements, in respect of which any forward-facing seat is fitted with a relevant seat belt) are set out in the Table below. The percentage increases since the fees were last fixed are shown in brackets.

Table

Nature of examinationNormalOut of hoursDesignated PremisesOut of hours at Designated Premises
(£)(£)(£)(£)
Examination under regulation 12 of the 1981 Regulations of a vehicle constructed or adapted to carry more than 22 passengers.

84

(5%)

132

(4.8%)

96

(4.3%)

144

(4.3%)

Examination under regulation 12 in any other case.

59

(5.4%)

94

(4.4%)

71

(4.4%)

106

(3.9%)

Re-examination of a vehicle constructed or adapted to carry more than 22 passengers, within 14 days of previous examination.

55

(3.8%)

78

(4%)

63

(5%)

86

(4.9%)

Re-examination of a vehicle constructed or adapted to carry more than 22 passengers, later than 14 days after previous examination.

84

(5%)

132

(4.8%)

96

(4.3%)

144

(4.3%)

Re-examination of any other vehicle within 14 days of previous examination.

38

(2.7%)

55

(1.9%)

46

(4.5%)

63

(3.3%)

Re-examination of any other vehicle later than 14 days after previous examination.

59

(5.4%)

94

(4.4%)

71

(4.4%)

106

(3.9%)

In the case of the vehicles mentioned above, the fee payable on an appeal against the notice of refusal of a test certificate is the same amount as the fee payable under regulation 20(1) of the 1981 Regulations (regulation 21(1)). These fees are increased accordingly.

An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the VOSA Corporate Office, Berkeley House, Croydon Street, Bristol BS5 0DA (telephone: 0117 954 3200). A copy has been placed in the library of each House of Parliament. The impact assessment is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website www.opsi.gov.uk

(1)

1988 c. 52; section 45 was amended by the Road Traffic Act 1991 (c. 40), Schedule 4, paragraph 52 and by the Road Traffic (Vehicle Testing) Act 1999 (c. 12), section 1; section 46 was substituted by the Road Traffic (Vehicle Testing) Act 1999, section 2.

(2)

S.I. 1988/643, which was made under the Finance (No. 2) Act 1987 (c. 51), section 102. The relevant amending instrument is S.I. 2003/1094 and the relevant entry in S.I. 1988/643 is Schedule 1, Table III, item 1.