Title and commencement

1. These Regulations may be cited as the Agricultural or Forestry Tractors and Tractor Components (Type Approval) (Fees) Regulations 1992 and shall come into force on 10th February 1992.

Interpretation

2.-(1) In these Regulations, except where the context otherwise requires-

"certificate " means, in respect of a tractor, a type approval certificate and in respect of a tractor component, a component type approval certificate issued for the purposes of a Community Directive;

"Community Directive " means a Directive issued by the Council or Commission of the European Communities concerning the approximation of the laws of member States relating to the type approval of tractors or tractor components, being a Directive specified in column 2 of Part B of Schedule 1;

"examination " means an examination, comprising one or more tests of the subject matter specified in column 3 of Part B of Schedule 1, which is required to be carried out for the purposes of the 1988 Regulations;

"official testing station " means premises established or approved by the Secretary of State for the testing of tractors or tractor components for the purposes of a Community Directive;

"the 1988 Regulations " means the Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations 1988(2); and

"tractor " and "tractor component " mean, respectively, an agricultural or forestry tractor and a tractor component to which the 1988 Regulations apply.

(2) Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation

Fees for examinations-standard scale

3. Sybject to the following provisions of these Regulations, the fee to be paid for the carrying out or supervision by or on behalf of the Secretary of State of an examination of a tractor or tractor component in connection with the issue of a certificate shall be-

(a)where the examination is to be carried out at an official testing station by an officer of the Secretary of State or a person appointed by the Secretary of State to act on his behalf, the aggregate of-

(i)the amount specified as the First Item in Part A of Schedule 1, and

(ii)the amount (if any) or the aggregate of the amounts specified in column 4 of Part B of Schedule 1 in relation to such of the tests specified in column 3 of that Part as is or are to be carried out; or

(b)where the examination is to be carried out on other premises under the supervision of an officer of the Secretary of State or a person appointed by the Secretary of State to act on his behalf, the aggregate of-

(i)the amount specified as the second Item in Part A of Schedule 1, and

(ii)the amount (if any) or the aggregate of the amounts specified in column 5 of Part B of Schedule 1 in relation to such of the tests specified in column 3 of that Part as is or are to be carried out.

Fee reductions relating to fee numbers 17 and 24 and 32 to 42

4. Where no test is to be carried out other than a test identified by fee number 17 or 24 or any of the fee numbers 32 to 42 in column 1 of part B of Schedule 1, regulation 3 shall have effect as if paragraphs (a)(i) and (b)(i) were omitted and the fee shall be reduced accordingly.

Fee reductions relating to fee numbers marked with an asterisk

5.-(1) This regulation has effect for the purpose of modifying the fee payable by virtue of regulation 3, in a case where the tests to be carried out consist of or include one or more of the tests in respect of which the fee number in column 1 of Part B of Schedule 1 is marked with an asterisk.

(2) If less than five tests in respect of which the fee number is so marked with an asterisk are to be carried out, the amounts specified in columns 4 and 5 of that Part, in relation to those tests, shall be disregarded and the fee shall be reduced accordingly.

(3) If five or more tests in respect of which the fee number is so marked with an asterisk are to be carried out-

(a)the four lowest amounts specified in column 4 against such of those tests as are to be carried out; and

(b)the four lowest amounts specified in column 5 against such of those tests as are to be carried out;

shall be disregarded and the fee shall be reduced accordingly.

Fees-consecutive examinations

6. Where more than one tractor or tractor component of the same type but embodying minor variations are submitted for examination by the same applicant with a view to the examinations being carried out consecutively on each tractor or tractor component and the circumstances are such that the examinations can be carried out without the testing apparatus being set up afresh after each examination, the fee to be paid for the carrying out of each examination after the first one shall be such proportion of the fee payable for the first examination as the Secretary of State considers to be appropriate in view of the work involved in carrying out each subsequent examination.

Fees-partial examinations

7.-(1) Where in consequence of an alteration in the design specification of a tractor or tractor component in relation to which a certificate has been issued a further examination of the tractor or tractor component is needed with a view to the issue of a modification of a certificate, but the alteration is not so extensive as to require that the further examination shall be as complete as the original examination, the fee to be paid for the carrying out of the further examination shall be such proportion of the fee payable for a complete examination as the Secretary of State considers to be appropriate in view of the nature and extent of the further examination.

(2) Where more than one tractor or tractor component of the same type but embodying minor variations are submitted for examination by the same applicant and the circumstances are such that it is necessary to submit each individual tractor or tractor component to a complete examination, the fee to be paid for the carrying out of a partial examination of a tractor or tractor component shall be such proportion of the fee payable for a complete examination as the Secretary of State considers to be appropriate in view of the nature and extent of the partial examination.

Fees-issue of documents

8. The fee for the issue of a document of a type specified in column 2 of Schedule 2 shall be the amount specified in relation to that document in column 3 of that Schedule.

Payment of fees

9.-(1) The fee for the carrying out or supervision of an examination of a tractor or tractor component shall be paid when application is made for the issue of a certificate for the tractor or tractor component in question.

(2) The fee for the issue of a document of a type specified in column 2 of Schedule 2 shall be paid-

(a)in a case where the examination of a tractor or tractor component is required before the document is issued, when the applicant is notified of the result of the examination, and

(b)in any other case, when application is made for the issue of the document.

Refund of fees

10.-(1) Subject to regulation 11, if an applicant-

(a)withdraws his application after he has been notified of the time and place for the examination, or

(b)does not submit the tractor or tractor component for examination at the time and place fixed the refor, which he has paid under these Regulations less £40 (in respect of the work involved in dealing with the application and making arrangements for the examination).

(2) If an appointment for the examination of a tractor or tractor component is cancelled at the instance of the Secretary of State and no alternative appointment acceptable to the applicant is offered to him, the Secretary of State shall refund to the applicant the whole of the fee paid by him.

Submission of alternative tractor or tractor component for examination

11. Where an applicant for the issue of a certificate for a tractor or tractor component does not wish or is unable to submit that tractor or tractor component for examination at the time and place appointed but is able to submit for examination at that time and place some other tractor or tractor component which can conveniently be fitted into the programme of examinations being carried out at that place and in respect of which tractor or tractor component he has made an application for a certificate, he shall be entitled to have the sum which he originally paid, adjusted by way of refund or additional payment so as to secure that the appropriate fee is paid for the examination which actually takes place, applied in payment of the fee for that examination instead of receiving a refund under regulation 10(1).

Regulations 2(1) and 3

SCHEDULE 1FEES FOR EXAMINATION OF AGRICULTURAL OR FORESTRY TRACTORS AND TRACTOR COMPONENTS

PART A-BASIC FEES

First Item (see regulation 3(a) (i)) ... ... ... ...£394

Second Item (see regulations 3(b) (i)) ... ... ... ...£452

PART B-SUPPLEMENTARY FEES

Regulations 8 and 9(2)

SCHEDULE 2FEES FOR THE ISSUE OF DOCUMENTS

Explanatory Note

(This note is not part of the Regulations)

These Regulations replace the Agricultural or Forestry Tractors and Tractor Components (Type Approval) (Fees) Regulations 1991 ("the previous Regulations ") which are revoked by S.I. 1992/56). They are made in consequence of the functions of the Minister of Agriculture, Fisheries and Food relating to the type approval of agricultural and forestry tractors and their components becoming functions of the Secretary of State by virtue of the Agricultural or Forestry Tractors and Tractor Components (Type Approval) (Amendment) Regulations 1992 (S.I. 1992/80).

The Regulations prescribe the fees payable for the examination of agricultural or forestry tractors and their components and the issue of documents in connection with the type-approval or component type-approval of such tractors and their components which conform to the requirements of the Community Directives listed in column 2 of Part B of Schedule 1, for the purposes of Council Directive 74/150/EEC (OJ No. L84, 28.3.74, p. 10), as amended, on the approximation of laws relating to the type-approval of wheeled agricultural or forestry tractors.

The Regulations essentially re-enact the provisions of the previous Regulations with references to the Secretary of State being substituted for references to the Minister of Agriculture Fisheries and Food. Changes have however been made in regulations 4 and 5.

Regulation 4, which relates to the tests identified by fee numbers 17 and 24 and 32 to 42 in Schedule 1, has been redrafted and consequential changes have been made to the figures shown in the Schedule against those numbers. However, the effect of these provisions is substantially the same as in the previous Regulations.

Regulation 5 has also been redrafted. It deals with the fee numbers marked with an asterisk in Schedule 1. If an examination involves tests identified by no more than four of those numbers those tests are ignored for the purposes of determining the fee. If an examination involves five or more of those tests, the four with the lowest amount shown in the Schedule are ignored. The corresponding provisions in the previous Regulations had effect only where more than one and less than five of those tests were involved.