Citation and commencement

1. These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No. 1) Regulations 1991 and shall come into force-

(a)for the purposes of regulation 13, on 1st April 1991, and

(b)for all other purposes, on 18th March 1991.

Introduction

2. The Motor Vehicles (Tests) Regulations 1981(3) are hereby further amended in accordance with these Regulations.

Amendments to Regulation 3

3. In regulation 3-

(a)in paragraph (1)-

(i)for the definition of "the Construction and Use Regulations" there shall be substituted ""the Construction and Use Regulations" means the Road Vehicles (Construction and Use) Regulations 1986"(4);

(ii)for the definition of "the Lighting Regulations" there shall be substituted "the Lighting Regulations" means "the Road Vehicles Lighting Regulations 1989"(5);

(iii)in the sub-paragraph which begins with the expression "agricultural motor vehicle", there shall be inserted, before the expression "pedestrian controlled vehicle", the expression "Ministry plate;" and

(iv)before the expression "designated council" and the meaning assigned to it, there shall be inserted the following-

• ""design gross weight" means-

  (a)

  in the case of a vehicle equipped with a Ministry plate, the weight shown thereon as the design weight, or, if no weight is so shown thereon, the weight shown thereon as the weight not to be exceeded in Great Britain;

  (b)

  in the case of a vehicle which is not equipped with a Ministry plate, but which is equipped with a plate in accordance with regulation 66 of the Construction and Use Regulations, the maximum gross weight shown on the plate in respect of item 7 of Part I of Schedule 8 to those Regulations; and

  (c)

  in any other case, the weight which the vehicle is designed or adapted not to exceed when in normal use and travelling on a road laden;" and

(b)in paragraph (5) for the words "Regulation 3(2)" there shall be substituted the words "Regulation 3(3)".

Amendments to regulation 4

4. In regulation 4-

(a)paragraph (1) shall be omitted;

(b)for paragraph (2) there shall be substituted-

"(2) The prescribed statutory requirements for the purposes of section 45(1) of the Road Traffic Act 1988 are-

(a)in relation to any vehicle in Class I to V, the requirements specified in paragraph 1 of Schedule 2,

(b)in relation to any vehicle in Class VI, the requirements specified in paragraph 2 of Schedule 2, and

(c)in relation to any vehicle in Class VII, the requirements specified in paragraph 3 of Schedule 2,

and in these Regulations those requirements are referred to as "the prescribed statutory requirements"."; and

(c)paragraph 4 shall be omitted.

Amendment of regulation 5

5. In paragraph (1) of regulation 5,

(a)in the item relating to Class IV, for the words "Classes 111, V or VI" there shall be substituted "Classes 111, V, VI or VII"; and

(b)after the item relating to Class VI there shall be inserted the following-

• "Class VII: Goods vehicles of which the design gross weight is more than 3000 kilograms but does not exceed 3500 kilograms".

Amendment of regulation 6

6.-(1) In regulation 6(1)-

(a)for sub-paragraph (v) there shall be substituted the following-

"(v)a goods vehicle, the design gross weight of which exceeds 3500 kilograms;";

(b)for sub-paragraph (xvii) there shall be substituted the following-

"(xvii)an electrically propelled goods vehicle the design gross weight of which does not exceed 3500 kilograms;";

(c)the word "and" immediately following sub-paragraph (xvii) shall be omitted and after sub-paragraph (xx) there shall be added the following sub-paragraphs-

"(xxi)a motor vehicle constructed and not merely adapted for the purpose of street cleansing or the collection or disposal of refuse or the collection or disposal of the contents of gullies and which is either-

(a)a three wheeled vehicle, or

(b)a vehicle which-

(i)is incapable by reason of its construction of exceeding a speed of 20 miles per hour on the level under its own power, or

(ii)has an inside track width of less than 810 millimetres;

(xxii)a goods vehicle, the design gross weight of which does not exceed 3500 kilograms and in respect of which a goods vehicle test certificate was issued between 1st February 1990 and 17th March 1991, while that certificate is valid; and

(xxiii)before 1st August 1991, a goods vehicle the design gross weight of which does not exceed 3500 kilograms and which is of a class specified in Schedule 2 to the Goods Vehicles (Plating and Testing) Regulations 1988."(6).

(2) In regulation 6(3)-

(a)for the words "Provided that" there shall be substituted the following-

• "Provided that-

  (a)

  in relation to a vehicle in any of Classes I to VI," and

(b)at the end there shall be added-

• "and

  (b)

  in relation to a vehicle in Class VII this Regulation does not apply in any of the following islands, namely, the Isle of Wight, the Islands of Lewis, Mainland (Orkney), Mainland (Shetland) and Skye."

Amendment of Regulation 15

7. In regulation 15-

(a)in paragraph (1)-

(i)the word "and" shall be inserted after sub-paragraph (a);

(ii)the word "and" following sub-paragraph (b) shall be omitted; and

(iii)sub-paragraphs (c) and (d) shall be omitted;

(b)in paragraph (2) the words "and inspection report or card (if its issue is required by paragraph (1)(c) or (d))" and the words "and report or card", wherever they occur, shall be omitted;

(c)in paragraph (3) in sub-paragraph (a)(iii) for the words "unladen weight" there shall be substituted the words "design gross weight";

(d)in paragraph (4)-

(i)after the words "Every test certificate" there shall be inserted the word "and";

(ii)the words "and inspection report or card" shall be omitted.

Amendments consequential upon regulation 7 above

8.-(1) In regulation 18 (appeal on refusal of a test certificate)-

(a)in paragraph (5), sub-paragraph (b) and the word "and" which precedes it shall be omitted; and

(b)in paragraph (6)-

(i)after the words "Test certificates" there shall be inserted the word "and";

(ii)the words "and inspection reports or cards" shall be omitted; and

(iii)in sub-paragraph (a)-

(aa)for the words "notices of the refusal" there shall be substituted "or a notice of the refusal"; and

(bb)the words "and an inspection report or card" shall be omitted.

(2) In regulation 22 (records to be kept and returns to be furnished by examiners and designated councils), in paragraph (4) the words "together with a copy of any inspection report or card which accompanied the same" shall be omitted.

(3) In regulation 24, in paragraph (c)-

(a)after the words "copies of test certificates" there shall be inserted the word "and"; and

(b)the words "and inspection reports and cards" shall be omitted.

(4) In regulation 25, in paragraph (1)-

(a)after the words "for use as a test certificate" there shall be inserted the word "or"; and

(b)the words "or an Inspection report or card" shall be omitted.

Amendment of regulation 20

9. In regulation 20-

(a)in paragraph (1), after sub-paragraph (b), there shall be inserted-

"(ba)in the case of a vehicle in Class VII, £18;"; and

(b)for sub-paragraph (c) of paragraph (7) there shall be substituted the following-

"(c)the re-examination relates only to one or more of the requirements specifed in the following items in paragraph 2 of Schedule 2-

(i)sub-paragraph (a) (Insofar as it relates to windscreen cleaning, audible warning instruments, speed limiter and plate, lamps, rear retro reflectors and direction indicators;

(ii)items 18; 19; 20; 23 (Insofar as it relates to the spare wheel carrier and bumpers); 26, 35, 36 and 52 (insofar as they relate to markings); 45; 46; 48 and 62 (insofar as they relate to cleanliness); 63; 64; 65; 66; and 67; and

(iii)sub-paragraph (f)."

Amendment of regulation 23

10. In regulation 23(2), after sub-paragraph (a) there shall be inserted-

"(aa)£9 in the case of a Class VII vehicle";

Amendment of Schedules 2 and 3

11. For Schedule 2 there shall be substituted the Schedule set out in the Schedule to these Regulations.

12. Schedule 3 shall be omitted.

Amendment of Schedule 2 (as substituted by regulation 11 above)

13. In Schedule 2, as substituted by regulation 11 above,-

(a)in paragraph 1 after item 8 there shall be inserted the following item

(b)in paragraph 2 for the words "items 1 to 8 and 10 to 16" there shall be inserted the words "items 1 to 16".

Regulation 11.

THE SCHEDULE

"SCHEDULE 2 (see regulation 4)THE PRESCRIBED STATUTORY REQUIREMENTS FOR VEHICLES IN CLASSES I TO V

1.-(a) The requirements contained in the following provisions of the Construction and Use Regulations:-

(b)The requirements contained in the following provisions of the Lighting Regulations:-

THE PRESCRIBED STATUTORY REQUIREMENTS FOR VEHICLES IN CLASS VI

2.-(a) The requirements specified in items 1 to 8 and 10 to 16 in paragraph 1 above

(b)The requirements contained in the following provisions of the Construction and Use Regulations:-

(c)For those vehicles certified in accordance with the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981,(7) the requirements contained in the following provisions of those Regulations:-

(d)For minibuses of a type mentioned in regulation 41 of the Construction and Use Regulations, the following requirements specified in Schedules 6 and 7 to those Regulations:-

(e)The requirements contained in the following provisions of the Lighting Regulations:-

(f)The requirements of the Community Recording Equipment Regulation (as defined in section 85 of the 1988 Act) insofar as they relate to the installation of recording equipment and the seals to he affixed to such equipment.

THE PRESCRIBED STATUTORY REOUIREMENTS FOR VEHICLES IN CLASS VII

3. The requirements specified in items 1 to 8 and 10 to 16 in paragraph 1 above and in item 17 of paragraph 2 above."

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (Tests) Regulations 1981 in several respects. The principal changes are-

1. These Regulations bring within the MOT testing regime, as a new Class VII, goods vehicles which have a design gross weight (as defined in regulation 3 of these Regulations) of more than 3000 kilograms but not exceeding 3500 kilograms. Such vehicles were formerly subject to the goods vehicle plating and testing system if they had an unladen weight exceeding 1525 kilograms. Exemptions from testing are granted for certain limited types of vehicles which would otherwise be brought within the testing regime. Transitional provision is made in respect of goods vehicles which are covered on the operative date by a valid goods vehicle test certificate, and in respect of vehicles which were previously excluded from the goods vehicle plating and testing requirements.

2. Schedules 2 and 3 of the 1981 Regulations, which set out the prescribed statutory requirements and the manner and conditions of carrying out tests are replaced by a single new Schedule 2 which sets out the prescribed statutory requirements for the classes of vehicles under the Regulations. The manner and conditions of carrying out tests will be the subject of instructions and guidance given administratively to authorised MOT examiners.

3. With effect from 1st April 1991 speed limiters become testable items on those coaches which are required to be fitted with them.

4. Requirements of the 1981 Regulations relating to inspection reports and cards are removed.

5. The fee of £18 is prescribed for the examination of a Class VII vehicle and the fee of £9 is set for the issue of a duplicate test certificate in respect of a Class VII vehicle.