The Motor Vehicles (Tests) (Amendment) Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (Tests) Regulations 1981 (“the 1981 Regulations”), which 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 amends the definition of “out of hours” in regulation 3 of the 1981 Regulations so that normal hours on normal working days extend from 6.00 am to 8.00 pm.

Regulation 4 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 the 1981 Regulations.

The fee increases for examinations of vehicles other than those in Classes VI and VIA are set out in the following Table (with percentage increases since 6th April 2009 shown in brackets) and take effect on 6th April 2010.

Table

Nature of examination	Existing fee (£)	Substituted fee (£)
Motor bicycles without a side car.	29.20	29.65 (1.54%)
Motor bicycles with a side car.	37.20	37.80 (1.61%)
Vehicles in Class III (“light motor vehicles” other than motor bicycles).	37.20	37.80 (1.61%)
Vehicles in Class IV (“motor cars” and “heavy motor cars” not being vehicles within Class III, IVA, V, VA, or VII)— (i) if the vehicle is a minibus, and (ii) in any other case.	56.45 54.00	57.30 (1.51%) 54.85 (1.57%)
Vehicles in Class IVA (being minibuses which are not within Class IV; the vehicles in this Class cover minibuses, other than those excluded by virtue of a certificate of initial fitness issued on or after 1st August 1998 or compliance with certain type of approval requirements, not being vehicles within Class III, V or VA in respect of which any forward-facing seat is fitted with a relevant seat belt).	63.05	64.00 (1.51%)
Vehicles in Class V (“large passenger-carrying vehicles”, particular types of public service vehicles and “play buses” not being vehicles within Class VA)— (i) if the vehicle is constructed or adapted to carry more than 16 passengers, and (ii) in any other case.	79.45 58.65	80.65 (1.51%) 59.55 (1.53%)
Vehicles in Class VA (“large passenger-carrying vehicles”, particular types of public service vehicles and “play buses”, other than 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)— (i) if the vehicle is constructed or adapted to carry more than 16 passengers, and (ii) in any other case.	122.65 79.30	124.50 (1.51%) 80.50 (1.51%)
Vehicles in Class VII (goods vehicles with a design gross weight of more than 3,000 kg but not more than 3,500 kg).	57.70	58.60 (1.56%)

The changes to the fees for examinations of vehicles in Classes VI and VIA are set out in the following Table (with percentage increases or decreases shown in brackets) and take effect on 1st April 2010. Class VI and VIA vehicles are 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. The percentage changes since the fees were last fixed are shown in brackets.

Table

Nature of examination	Normal	Out of Hours	Designated Premises	Out 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.	135 (19.5%)	187 (13.3%)	135 (12.5%)	187 (8.7%)
Examination under regulation 12 in any other case.	108 (25.6%)	146 (17.7%)	108 (16.1%)	146 (11.5%)
Re-examination of a vehicle constructed or adapted to carry more than 22 passengers, within 14 days of previous examination.	60 (0.0%)	85 (0.0%)	60 (-6.3%)	85 (-4.5%)
Re-examination of a vehicle constructed or adapted to carry more than 22 passengers, later than 14 days after previous examination.	135 (19.5%)	187 (13.3%)	135 (12.5%)	187 (8.7%)
Re-examination of any other vehicle within 14 days of previous examination.	42 (2.4%)	61 (1.7%)	42 (-6.7%)	61 (-4.7%)
Re-examination of any other vehicle later than 14 days after previous examination.	108 (25.6%)	146 (17.7%)	108 (16.1%)	146 (11.5%)

Regulation 5 provides for an increase in the charge for the making of entries in the computerised record in respect of vehicles which pass the MOT test. The charge is being increased by 2.5% from £2.00 to £2.05. (There is no charge for entries in respect of vehicles which fail the MOT test). This change takes effect on 6th April 2010.

Impact assessments of the effect that this instrument will have on the costs of business and the voluntary sector have been carried out. The impact assessment for changes taking effect on 1st April 2010 is available from the VOSA Corporate Office, Berkeley House, Croydon Street, Bristol BS5 0DA (telephone: [phone]). The impact assessment for changes taking place on 6th April 2010 is available from the Department for Transport, zone 2/09, 2nd floor, Great Minster House, 76 Marsham Street, London SW1P 4DR (telephone number: 020 7944 2457). Copies have been placed in the library of each House of Parliament. The impact assessments are annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website www.opsi.gov.uk.