Made | 13th June 2003 | ||
Coming into operation | 1st August 2003 |
Regulation |
1. | Citation and commencement |
2. | Interpretation |
3. | The prescribed statutory requirements |
4. | Condition of vehicles |
5. | Classification of vehicles and application of Regulations |
6. | Exemptions |
7. | Manner of making applications for examinations and fees |
8. | Time of application for tests |
9. | Notice of place and time of examinations |
10. | Requirements as to vehicles submitted for examination |
11. | Application for re-examinations |
12. | Examinations and issue of test certificates (or notices of refusal) |
13. | Re-examination procedure and issue of test certificates (or notices of refusal) |
14. | Form of test certificates and notices of refusal |
15. | Removal of vehicle submitted for examination |
16. | Appeal on refusal of a test certificate |
17. | Repayment of fee on appeal |
18. | Duplicate test certificates |
19. | Suspension or revocation of test certificates |
20. | Production of test certificate on application for licence |
21. | General provisions as to repayment of fees |
22. | Fee payable for test under Article 75(5) or inspection under Article 81 of the Order |
23. | Computation of time |
24. | Revocation |
1. | Fees |
2. | The prescribed statutory requirements |
3. | Condition of vehicles |
4. | Regulations revoked |
(2) For the purposes of these Regulations the unladen weight of a vehicle shall be computed in accordance with Article 2(3) of the Order of 1981.
(3) In calculating for the purposes of the definition of "large passenger-carrying vehicle" the number of seated passengers which the vehicle is constructed or adapted to carry a length of at least 400 millimetres measured horizontally along the front of each seat shall be allowed for the accommodation of each such passenger. Where a continuous seat is fitted with arms for the purpose of separating the seating spaces and the arms are so constructed that they can be folded back or otherwise put out of use, the seat shall be measured for the purposes of this paragraph as though it were not fitted with arms.
(4) For the purposes of these Regulations the provisions of regulation 2(4) of the Construction and Use Regulations shall apply for determining when a motor vehicle is first used.
The prescribed statutory requirements
3.
- (1) The prescribed statutory requirements for the purposes of Article 61(1)(a) of the Order are in relation to any vehicle in a Class specified in an item in column 2 of the Table, the requirements specified in that item in column 3 of the Table, and in these Regulations those requirements are referred to as "the prescribed statutory requirements".
TABLE
(1)
(2)
(3)
Item
Class
Requirement
1
I and II
Paragraph 1 of Schedule 2
2
III
Paragraph 2 of Schedule 2
3
IV
Paragraph 3 of Schedule 2
4
V
Paragraph 4 of Schedule 2
5
VA
Paragraph 5 of Schedule 2
6
VI
Paragraph 6 of Schedule 2
7
VIA
Paragraph 7 of Schedule 2
(2) Subject to the provisions of these Regulations, every vehicle to which these Regulations apply and which is submitted for examination in accordance with the provisions of these Regulations shall be examined for the purpose of ascertaining whether those of the prescribed statutory requirements which are applicable to the vehicle have been complied with at the date of the examination.
Condition of vehicles
4.
For the purposes of Article 61(1)(b) of the Order the requirement in relation to a vehicle to which these Regulations apply is that the condition of the vehicle should not be such that its use on a road would involve a danger of injury to any person, having regard, in particular, to the items described in Schedule 3, and in these Regulations that requirement is referred to as "the condition requirement".
Classification of vehicles and application of Regulations
5.
- (1) For the purposes of these Regulations motor vehicles to which they apply are classified as follows -
Class I: Light motor bicycles.
in respect of which any forward-facing seat is fitted with a relevant seat belt.
in respect of which any forward-facing seat is fitted with a relevant seat belt.
(2) Save as provided in regulation 6, these Regulations apply to every vehicle of a class specified in paragraph (1).
(3) This paragraph applies to vehicles, in respect of which -
(4) In this regulation -
Exemptions
6.
- (1) Article 63 of the Order does not apply to the following vehicles -
and for the purposes of this sub-paragraph "public road" means a road which is repairable at the public expense;
(a) a three wheeled vehicle, or
(b) a vehicle which -
(2) The use of a vehicle -
(iii) where a test certificate is refused on an examination -
(b) for any purpose for which the vehicle is authorised to be used on roads by an order under Article 60 of the Order;
(c) where the vehicle has been imported into Northern Ireland, for the purpose of its being driven after arrival in Northern Ireland on the journey from the place where it has arrived in Northern Ireland to a place of residence of the owner or driver of the vehicle;
(d) for the purpose of removing it in pursuance of orders made under Article 15(1) of the Road Traffic Regulation (Northern Ireland) Order 1997[27] or Article 30 of the Pollution Control and Local Government (Northern Ireland) Order 1978[28];
(e) where the vehicle has been detained or seized by a police constable, for police purposes connected with such detention or seizure;
(f) where the vehicle has been removed, detained or seized or condemned as forfeited under any provision of the Customs and Excise Management Act 1979[29] for any purpose authorised by an officer of Customs and Excise;
(g) for the purpose of testing it by a motor trader as defined in section 62(1) of the 1994 Act, to whom a trade licence has been issued under section 11 of the 1994 Act, during the course of, or after completion of repairs carried out to that vehicle by that motor trader;
(h) being a goods vehicle used for the purpose of funerals; and
(i) being a goods vehicle first used before 1st January 1960, which is used unladen and not drawing a laden trailer, and a trailer manufactured before 1st January 1960 and used unladen,
is exempt from Article 63(1).
(3) A vehicle in use only on Rathlin Island is exempt from Article 63(1).
Notice of place and time of examinations
9.
As soon as reasonably practicable after the date of the receipt of an application for an examination and the appropriate fee for that examination the Department shall issue notice to the applicant of the vehicle testing centre at which the examination is to take place and the date and time reserved by the Department for that examination.
Requirements as to vehicles submitted for examinations
10.
- (1) On being notified by the Department, the applicant shall present the vehicle for inspection in clean condition, together with the registration book and previous test certificate or licence, if any, at the time and centre specified in the notice.
(2) A vehicle examiner shall not be obliged to carry out an inspection where -
Application for re-examinations
11.
- (1) Where, under regulation 12, a notification of the refusal of a test certificate in respect of a vehicle is issued, the vehicle may be submitted at a vehicle testing centre for a re-examination.
(2) Where an applicant desires to submit a vehicle for a re-examination he shall make a further application for that purpose.
(3) The fee payable on such an application is the appropriate fee determined in accordance with paragraph 1 of Schedule 1.
(4) Where an application is made under paragraph (2) within 21 days from the date of service of the notice and the vehicle is presented for re-examination on a date and at a time appointed by the Department, the fee payable is the appropriate fee determined in accordance with paragraph 2 of Schedule 1.
(5) Where an application is made under paragraph (2) within 21 days from the date of service of the notice and the vehicle is presented for re-examination on a date and a time appointed by the Department, and some or all of the statutory requirements which were not complied with in the original examination relate to item 34 in paragraph 5(c) of Schedule 2, the fee payable is the appropriate fee determined in accordance with paragraph 3 of Schedule 1.
Examinations, and issue of test certificates (or notices of refusal)
12.
On the submission of a vehicle for an examination the Department shall arrange for a vehicle to undergo that examination, and when that examination has been completed there shall be issued -
Re-examination procedure, and issue of test certificates (or notices of refusal)
13.
- (1) Where a vehicle is submitted for a re-examination at a vehicle testing centre in circumstances where the fee for the re-examination is payable under paragraph (4) of regulation 11 a vehicle examiner shall in carrying out the examination be under an obligation only to examine the vehicle for the purpose of ascertaining whether it complies with the particular items of the prescribed statutory requirements or the condition requirement with which it was shown in the notice of a refusal of a test certificate not to comply.
(2) Where a vehicle examiner finds that the vehicle complies with the particular items of the prescribed statutory requirements or the condition requirement mentioned in paragraph (1) and has no reason to believe that the other prescribed statutory requirements or the condition requirement are not complied with in relation to the vehicle, there shall be issued a test certificate.
(3) Where a vehicle examiner does not find that the vehicle complies with the particular items of the prescribed statutory requirements or the condition requirement mentioned in paragraph (1) or finds that any other prescribed statutory requirement or an item of the condition requirement is not complied with in relation to the vehicle, there shall be issued a notice of the refusal of a test certificate.
(4) Where a vehicle is submitted for a re-examination at a vehicle testing centre in circumstances where a fee for the re-examination is payable under regulation 11(3), the Department shall arrange for the vehicle to undergo a re-examination, and when that re-examination has been completed there shall be issued -
(5) The person submitting the vehicle for re-examination shall produce the notification of refusal and the registration book relating to the vehicle, and the Department shall not be required to carry out the re-examination unless the notification of refusal and the registration book are produced.
Form of test certificates and notices of refusal
14.
- (1) Test certificates and notices of refusal of a test certificate issued under regulation 12 or 13 shall contain -
(2) Test certificates issued under regulation 12 or 13 shall be signed by a vehicle examiner.
Removal of vehicle submitted for examination
15.
A person presenting a vehicle for examination shall cause it to be removed from the vehicle testing centre before the end of the day on which the examination is completed.
(2) On being notified by the Department in writing, the appellant shall present the vehicle for a further examination at the time and vehicle testing centre specified in the notice.
(3) The person submitting the vehicle for such examination shall -
and the Department shall not be required to carry out the examination unless the notification of refusal and registration book are produced and such information is given.
Repayment of fee on appeal
17.
- (1) After the completion of the examination for the purpose of the appeal, the Department shall repay to the appellant the whole or part of the fee paid on the appeal where it appears to the Department that there were substantial grounds for contesting the whole or part of the decision appealed.
(2) Subject to paragraph (3), the fee payable on appeal shall be payable notwithstanding that the vehicle is not submitted for examination in accordance with the provisions of regulation 16.
(3) Where the appellant has before the time specified under regulation 16(2) for the carrying out of the examination given the Department not less than three days' notice (whether in writing or otherwise) at the vehicle testing centre specified in the notice, that the appellant does not propose to submit the vehicle for examination at that time, any amount previously paid in respect of such a fee shall be repaid to the appellant unless another time is arranged for the carrying out of the examination.
(2) In the event of any such suspension or revocation -
Production of test certificate on application for licence
20.
- (1) Where an application is made for a licence under the 1994 Act for a motor vehicle to which Article 63(2)(a) of the Order applies, the licence shall not be granted unless there is produced a current test certificate.
(2) Where an application is made for a licence under the 1994 Act for a motor vehicle to which Article 63(2)(b) of the Order applies, the licence shall not be granted unless -
General provisions as to repayment of fees
21.
- (1) The fees paid in pursuance of regulation 7(2) or 11(3) or (4) shall be repaid -
(2) In this regulation "exceptional circumstances" means an accident, a fire, a failure in the supply of fuel or electricity or other unexpected happening (excluding a breakdown or mechanical defect in a vehicle or non-delivery of spare parts therefore).
Fee payable for test under Article 75(5) or inspection under Article 81 of the Order
22.
- (1) The fee payable for a test under Article 75(5) of the Order is the appropriate fee determined in accordance with paragraph 5 of Schedule 1.
(2) The fee payable for an inspection under Article 81 of the Order is the appropriate fee determined in accordance with paragraph 4 or 5, as the case may be, of Schedule 1.
Computation of time
23.
- (1) Save in regulations 11(4), 16(1), 19(2)(b) and 21(1)(d) (insofar as it relates to 7 days), no period of time prescribed in these Regulations shall include any day which is a Saturday, Sunday or public holiday.
(2) For the purposes of these Regulations "public holiday" shall not include Good Friday and shall include Easter Tuesday.
Revocation
24.
The Regulations specified in Schedule 4 are hereby revoked.
Sealed with the Official Seal of the Department of the Environment on
13th June 2003.
L.S.
Stanley Duncan
A senior officer of the Department of the Environment
1. Fee payable for examination under regulation 7(2) or 11(3) or 16(1) | |
(a) Vehicle in Class I or II |
£20·50 |
(b) Vehicle in Class III or IV |
£28·00 |
(c) Vehicle in Class V |
£38.50 |
(d) Vehicle in Class VA - |
|
(i) with 13 to 16 seats exclusive of driver |
£50·00 |
(ii) with 17 to 35 seats exclusive of driver |
£61·00 |
(iii) with more than 35 seats exclusive of driver |
£75·50 |
(e) Vehicle in Class VI |
£38·50 |
(f) Vehicle in Class VIA |
£50·00 |
2. Fee payable for re-examination under regulation 11(4) | |
(a) Vehicle in Class I or II |
£13·00 |
(b) Vehicle in Class III or IV |
£17·50 |
(c) Vehicle in Class V |
£18·50 |
(d) Vehicle in Class VA - |
|
(i) with 13 to 16 seats exclusive of driver |
£18·50 |
(ii) with 17 to 35 seats exclusive of driver |
£30·00 |
(iii) with more than 35 seats exclusive of driver |
£41·00 |
(e) Vehicle in Class VI |
£18·50 |
(f) Vehicle in Class VIA |
£18·50 |
3. Fee payable for re-examination under regulation 11(5) | |
(a) Vehicle in Class VA - |
|
(i) with 13 to 16 seats exclusive of driver |
£18·50 |
(ii) with 17 to 35 seats exclusive of driver |
£30·00 |
(iii) with more than 35 seats exclusive of driver |
£41·00 |
(b) Vehicle in Class VIA |
£18·50 |
4. Fee payable for a full examination under Article 81 of the Order | |
(a) Vehicle in Class I or II |
£20·50 |
(b) Vehicle in Class III or IV |
£28·00 |
(c) Vehicle in Class V |
£38·50 |
(d) Vehicle in Class VA - |
|
(i) with 13 to 16 seats exclusive of driver |
£50·00 |
(ii) with 17 to 35 seats exclusive of driver |
£61·00 |
(iii) with more than 35 seats exclusive of driver |
£75·50 |
(e) Vehicle in Class VI |
£38·50 |
(f) Vehicle in Class VIA |
£50·00 |
(g) Public service vehicle (not being a taxi) |
£63·50 |
(h) Taxi |
£61·50 |
(i) Goods vehicle of 3,500 kgs maximum gross weight or under |
£28·00 |
(j) Goods vehicle over 3,500 kgs maximum gross weight |
|
(i) 2 axle rigid vehicle |
£35·00 |
(ii) 3 axle rigid vehicle |
£45·00 |
(iii) 4 axle rigid vehicle |
£56·00 |
(iv) articulated vehicle having a 2 axle drawing vehicle |
£39·00 |
(v) articulated vehicle having a 3 axle drawing vehicle |
£51·00 |
(k) Trailer |
|
(i) 1 axle trailer |
£32·50 |
(ii) 2 axle trailer |
£33·50 |
(iii) 3 axle trailer |
£34.50 |
5. Fee payable for a test under Article 75(5) of the Order or a partial inspection under Article 81 of the Order | |
(a) Vehicle in Class I or II |
£13·00 |
(b) Vehicle in Class III or IV |
£17·50 |
(c) Vehicle in Class V |
£18·50 |
(d) Vehicle in Class VI |
£18·50 |
(e) Public service vehicle (not being a taxi) |
£18·50 |
(f) Taxi |
£18·50 |
(g) Goods vehicle of 3,500 kgs maximum gross weight or under |
£17·50 |
(h) Goods vehicle over 3,500 kgs maximum gross weight |
£17·50 |
(i) Articulated vehicle |
£18·50 |
(j) Trailer |
£18·50 |
6. Fee payable for a duplicate test certificate | |
Any vehicle | £10·00 |
Item No. | Regulations | Affecting |
1 | 20, 21 and 24 | Braking |
2 | 29, 30, 31 and 32 | Wheels and Tyres |
3 | 34 | Steering |
4 | 40 and 41 | Speedometer |
5 | 44 | Audible Warning Instrument |
6 | 45 | Sidestands |
7 | 46 | Petrol Tanks |
8 | 65 | Silencers |
9 | 80 | Vehicle Identification Number |
10 | 82 | Plates |
Item No. | Regulations | Affecting |
11 | 21 and 26 | Front Position Lamp |
12 | 21 and 26 | Dipped Beam Headlamp |
13 | 21 and 26 | Main Beam Headlamp |
14 | 21 and 26 | Rear Position Lamp |
15 | 21 and 26 | Rear Retro Reflector |
16 | 21 and 26 | Stop Lamp |
17 | 21 and 26 | Direction Indicator |
18 | 21 and 26 | Rear Registration Plate Lamp |
Item No. | Regulations | Affecting |
19 | 18, 19, 20 and 21 | Registration Marks |
Item No. | Regulations | Affecting |
20 | 27 | Structure and Suspension |
21 | 35, 36 and 37 | Glass and Field of Vision |
22 | 38 | Mirrors |
23 | 39 | Windscreen Cleaning |
24 | 54, 55 and 56 | Seat Belts and Anchorages fitted in accordance with the said regulations 54 and 55 |
25 | 115(1) (insofar as it relates to the condition of the seatbelts and anchorages) | Seat Belts, other than those referred to in item 24 above, and their anchorages |
26 | 62 | Mascots |
27 | 79 | Plates |
Item No. | Regulations | Affecting |
28 | 21 and 26 | Rear Fog Lamp |
Item No. | Regulations | Affecting |
29 | 6, 7, 8, 9, 13 and 14 | Dimensions |
30 | 42 and 83 | Speed Limiter |
31 | 58 to 61 | Rear Under-run Devices and Sideguards |
32 | 74 | Emissions |
Item No. | Regulations | Affecting |
33 | 22 | Braking |
Item No. | Regulations | Affecting |
34 | 115(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 and the structure of the frame and legs of the seat) | Seat Belts, other than child restraints, disabled person's belts or those referred to in item 24 of paragraph 2 above, fitted to forward facing seats, and their anchorages |
Title | Year and Number |
Motor Vehicle Testing Regulations (Northern Ireland) 1995 | S. R. 1995 No. 448 |
Motor Vehicle Testing (Amendment) Regulations (Northern Ireland) 1996 | S. R. 1996 No. 140 |
Motor Vehicle Testing (Amendment) Regulations (Northern Ireland) 1998 | S. R. 1998 No. 74 |
Motor Vehicle Testing (Amendment) (Fees) Regulations (Northern Ireland) 1999 | S. R. 1999 No. 78 |
Motor Vehicle Testing (Amendment) Regulations (Northern Ireland) 2000 | S. R. 2000 No. 151 |
Motor Vehicle Testing (Amendment) (Fees) Regulations (Northern Ireland) 2001 | S. R. 2001 No. 246 |
Motor Vehicle Testing (Amendment) Regulations (Northern Ireland) 2001 | S. R. 2001 No. 364 |
Motor Vehicle Testing (Amendment) (Fees) Regulations (Northern Ireland) 2002 | S. R. 2002 No. 47 |
Motor Vehicle Testing (Amendment) (Fees) Regulations (Northern Ireland) 2003 | S. R. 2003 No. 101 |
[3] S.R. 1999 No. 454; relevant amending Regulations are S.R. 2001 No. 173back
[5] Article 2(2) was amended by S.I. 1981/1117 (N.I. 24), Art. 3back
[6] Article 79A was inserted by Part II of Sch. 3 to S.I. 1991/197 (N.I. 3)back
[8] O.J. No. L220, 29.8.77, p. 95back
[9] O.J. No. L139, 19.5.82, p. 17back
[10] O.J. No. L341, 6.12.90, p. 1back
[11] O.J. No. L178, 17.7.96, p. 15back
[12] O.J. No. L24, 30.1.76, p. 6back
[13] O.J. No. L209, 29.7.81, p. 30back
[14] O.J. No. L319, 19.5.82, p. 9back
[15] O.J. No. L341, 6.12.90, p. 14back
[16] O.J. No. L187, 26.7.96, p. 95back
[17] O.J. No. L42, 23.2.70, p. 1back
[18] 1981 c. 14; section 6(1)(a) was amended by paragraph 14 of Schedule 4 to the Road Traffic Act 1991 (c. 40)back
[23] By an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963back
[24] S.R. & O. (N.I.) 1963 No. 79back
[27] S.I. 1997 No. 276 (N.I. 2)back
[28] S.I. 1978/1049 (N.I. 19)back
[30] S.R. & O. 1973 No. 490; relevant amending Regulations are S.I. 1976/2180back