Made | 14th April 2003 | ||
Laid before Parliament | 16th April 2003 | ||
Coming into force | 1st June 2003 |
1. | Citation, commencement, interpretation and application |
2. | Amendment of Regulations |
3. | Interpretation |
4. | Exemptions |
5. | Approvals, authorisations and designations for the purposes of examinations |
6. | Applications for examinations |
7. | Requirements as to vehicles submitted for examinations |
8. | Conditions as to responsibility for damage to vehicles and third party liabilities |
9. | Notification of examinations and results |
10. | Refusal of test certificate where braking test cannot be carried out |
11. | Removal of vehicles submitted for examination |
12. | Appeal on refusal of a test certificate |
13. | Payments to examiners and designated councils at whose premises examinations on appeals are carried out |
14. | Fees for examinations |
15. | Fees on appeals |
16. | Other records to be kept and returns to be furnished |
17. | Duplicate test certificates |
18. | Correction of errors in records and test certificates |
19. | Inspection of premises, apparatus and records |
20. | Return of apparatus and documents |
21. | Miscellaneous charges and refunds |
22. | Access to, and sale of, particulars in, or information derived from, the records |
23. | Charges for purposes of regulation 25A |
24. | Savings |
25. | Transitional provisions |
26. | Omission of Part |
Schedule: | Approvals, authorisations and designations for purposes of examinations |
(2) After paragraph (5), insert the following paragraph -
Exemptions
4.
In regulation 6 (exemptions) -
Approvals, authorisations and designations for the purposes of examinations
5.
For Part II (regulations 7 to 11), substitute Part II set out in the Schedule to these Regulations.
Applications for examinations
6.
In regulation 12 (applications for examinations)[7] -
(c) in paragraph (4), before "examiner" (in both places), insert "authorised";
(d) in paragraph (5) -
(e) in paragraph (6) -
Requirements as to vehicles submitted for examinations
7.
In regulation 13 (requirements as to vehicles submitted for examinations)[8] -
(g) in sub-paragraph (k) of that paragraph, after "the examiner or inspector", insert "or nominated tester, as the case may be";
(h) after sub-paragraph (k) of that paragraph, insert -
(i) omit paragraph (2).
Conditions as to responsibility for damage to vehicles and third party liabilities
8.
In regulation 14 (conditions as to responsibility for damage to vehicles and third party liabilities)[9] -
(d) in paragraph (2), before "examiner" insert "authorised";
(e) in paragraph (3), before "examiner" (in both places), insert "authorised";
(f) in paragraph (4) -
Notification of examinations and results
9.
For regulation 15 (results of examinations), substitute the following regulation -
(2) Subject to paragraphs (3) and (4), as soon as reasonably practicable after completing an examination, the person by whom it was carried out -
(b) shall, by electronic communication -
(c) may, by electronic communication, make such other entries in the electronic record as the record allows to be made; and where he has caused entries to be so made, he shall confirm them; and
(d) shall issue -
(3) Where the person by whom the examination is to be carried out -
he shall comply with the requirements notified to him by the Secretary of State for advising the Secretary of State that the examination is to be carried out and for recording the result of the examination.
(4) Where documents cannot be generated by the system supporting the electronic record, the person carrying out the examination shall issue a test certificate on form "VT20" or "VT20W" or, as the circumstances require, a notice of the refusal of a test certificate, on form "VT30" or "VT30W".
(5) As soon as the electronic record becomes available for use, a person who has complied with the requirements mentioned in paragraph (3) -
(b) may, by electronic communication, make such other entries in the electronic record as the record allows to be made.
(6) Where paragraph (4) applies, the authorised examiner or designated council at whose vehicle testing station the examination was carried out, or the Secretary of State -
shall supply to him, free of charge, the test certificate or, as the case may be, the notice of the refusal of a test certificate generated by the system supporting the electronic record.
(7) A test certificate shall be signed by the person by whom the examination was carried out or such other person as the Secretary of State may in any particular case direct.
(8) A notice of the refusal of a test certificate (including a notice issued in the circumstances mentioned in regulation 16) shall be signed by the person by whom the examination was carried out.
(9) Where a test certificate or notice of the refusal of a test certificate bears a facsimile, by whatever process reproduced, of the signature of a section 66A examiner, the certificate or notice shall be treated as duly signed for the purposes of paragraph (7) or (8).".
Refusal of test certificate where braking test cannot be carried out
10.
In regulation 16 (refusal of a test certificate where braking test cannot be carried out) -
(b) for paragraph (2), substitute the following paragraphs -
(c) may, by electronic communication, make such other entries in the electronic record as the record allows to be made; and where he has caused entries to be so made, he shall confirm them;
(d) shall issue -
(2A) Where the person by whom the examination is to be carried out -
he shall comply with the requirements notified to him by the Secretary of State for recording the result of the examination.
(2B) Where documents cannot be generated by the system supporting the electronic record, the person carrying out the examination shall issue a notice of the refusal of a test certificate, on form "VT30" or "VT30W".
(2C) As soon as the electronic record becomes available for use, a person who has complied with the requirements mentioned in paragraph (2B) -
(b) may, by electronic communication, make such other entries in the electronic record as the record allows to be made.
(2D) Where paragraph (2B) applies, the authorised examiner or designated council at whose vehicle testing station the examination was carried out, or the Secretary of State -
shall supply to him, free of charge, the notice of the refusal of a test certificate generated by the system supporting the electronic record."; and
Removal of vehicles submitted for examination
11.
In regulation 17 (removal of vehicles submitted for examination) -
Appeal on refusal of a test certificate
12.
In regulation 18 (appeal on refusal of a test certificate) -
Payments to examiners and designated councils at whose premises examinations on appeals are carried out
13.
In regulation 19 (payments to examiners and designated councils at whose premises examinations on appeals are carried out), before "examiner" (in the first place where that word appears), insert "authorised".
Fees for examinations
14.
In regulation 20 (fees for examinations) -
Fees on appeals
15.
In regulation 21 (fees on appeals), in the proviso to paragraph (4), for "the office of the traffic area", substitute "the office of VOSA".
Other records to be kept and returns to be furnished
16.
For regulation 22 (records to be kept and returns to be furnished by examiners and designated councils), substitute the following regulation -
Duplicate test certificates
17.
For regulation 23 (duplicate test certificates), substitute the following regulation -
(2) The applicant shall provide with his application -
(3) The person to whom an application is made under paragraph (1) shall -
issue a duplicate, marked "Duplicate"; and the duplicate so issued shall have the same effect as the original test certificate.
(4) A duplicate issued under paragraph (3) need not be signed by the person who carried out the examination as the result of which the original certificate was obtained.".
Correction of errors in records and test certificates
18.
After regulation 23, insert the following regulation -
Inspection of premises, apparatus and records
19.
In regulation 24 (inspection of premises, apparatus and records) -
Return of apparatus and documents
20.
After regulation 24, insert the following regulation -
apparatus or documents supplied to the examiner or council, by or on behalf of the Secretary of State, for the purposes of, or for purposes connected with, examinations to be carried out at any of the examiner's or council's vehicle testing stations.
(2) A communication or notice under paragraph (1) may refer to the delivery or collection of -
Miscellaneous charges and refunds
21.
For regulation 25 (forms), substitute the following regulations -
Charges for apparatus, etc. connected with the electronic record
25A.
- (1) Subject to paragraphs (2) to (5), an authorised examiner or designated council shall pay to the Secretary of State or to such other person as, by notice to the examiner or council, he may direct, in respect of the provision by him, or on his behalf, of any apparatus or service specified in column (1) of the Table in Schedule 3 to these Regulations, the amount specified in relation to that apparatus or service in column (2) of that Table.
(2) Item 1 shall be provided free of charge unless -
(3) The Secretary of State may waive any charge payable in respect of item 1 or item 2.
(4) Items 6 to 15 shall be provided free of charge where the apparatus to be replaced is unserviceable by reason of fair wear and tear.
(5) Item 16 shall be provided free of charge except where the apparatus to be replaced -
(6) Where, as respects apparatus of a description specified in column (1) of the Table in Schedule 3 to these Regulations -
the Secretary of State may, by notice to the person concerned, require the payment to him of such amount, not exceeding that specified in relation to the apparatus in column (2) of that Table, as may be specified in the notice.
(7) In this regulation, references to a numbered item are references to the apparatus or service bearing that number in column (1) of the Table in Schedule 3 to these Regulations."
Refunds
25B.
- (1) As soon as reasonably practicable after a cessation has taken effect in accordance with regulation 9 or 10, the Secretary of State shall repay to the person or council concerned the amount (if any) determined in accordance with the formula A-B, where -
(2) On receipt of any unused forms for test certificates sent to him in accordance with regulation 11(1) or (2), the Secretary of State shall repay to the person or council concerned, an amount equal to the amount paid to the Secretary of State by that person or council for the supply of those forms.
(3) Where unissued and cancelled forms for test certificates are returned to the Secretary of State because they have been spoilt or defaced, the Secretary of State may make a refund to the person or council concerned of such amount as he considers appropriate.".
Access to, and sale of, particulars in, or information derived from, the records
22.
After regulation 28 (certificates of temporary exemption) insert the following regulations -
Sale of particulars in, and information derived from, the records
30.
The Secretary of State may sell particulars contained in, or information derived from, the records (including the electronic record) -
if those particulars do not (or that information does not) identify the premises at which any examination was carried out or any person concerned with the carrying out of the examination.".
Charges for purposes of regulation 25A
23.
After Schedule 2 (the prescribed statutory requirements), insert the following Schedule -
(1) | (2) |
Apparatus or service | Amount £ |
1. Visit to vehicle testing station for installation of apparatus associated with the electronic record. | 142.86 |
2. Second (or subsequent) course of training, other than at vehicle testing station, in use of apparatus for accessing the electronic record. | 179.19 |
3. Supply and commissioning of additional measuring equipment interface device. | 137.38 |
4. Supply of additional measuring equipment interface device. | 41.61 |
5. Supply and commissioning of additional VTS device. | 801.53 |
6. Supply and commissioning of VTS device (replacement). | 801.53 |
7. Supply and commissioning of computer base unit (replacement). | 643.32 |
8. Supply and commissioning of monitor (replacement). | 208.63 |
9. Supply and commissioning of keyboard (replacement). | 130.11 |
10. Supply of keyboard (replacement). | 34.33 |
11. Supply and commissioning of printer (replacement). | 206.51 |
12. Supply and commissioning of pointing device (replacement) | 129.85 |
13. Supply of pointing device (replacement). | 34.08 |
14. Supply and commissioning of measuring equipment interface device (replacement). | 137.38 |
15. Supply of measuring equipment interface device (replacement). | 41.61 |
16. Smart card (replacement). | 12.63 |
17. Plain paper (500). | 7.67" |
Savings
24.
- (1) The amendments made -
shall not apply in relation to examinations at a vehicle testing station at which the apparatus required to enable entries to be made in the electronic record has not been installed and, accordingly, the principal Regulations shall have effect in relation to such examinations as if those amendments had not been made.
(2) The amendments made by regulations 9 and 10 of these Regulations shall not apply in relation to the examination of vehicles classified, in accordance with regulation 5 of the principal Regulations, as vehicles of Class VI or Class VIA.
Transitional provisions
25.
- (1) In this regulation "the commencement date" means the date on which these Regulations come into force.
(2) A person who, immediately before the commencement date, is an authorised examiner or an inspector may continue to act in that capacity on and after that date, notwithstanding that he has not complied with the relevant requirements.
(3) Subject to paragraph (4), an authorised examiner to whom paragraph (2) applies shall, on and after the commencement date, be treated as subject to such of the conditions specified in such of regulations 8B and 8D as are applicable in his case (in addition to any conditions to which he is subject by virtue of his authorisation before that date).
(4) An authorised examiner who, but for this paragraph, would be treated as subject to the condition specified in regulation 8D(c), shall not be so treated if on 1st April 1995 he was authorised to carry out examinations for the purposes of section 45 of the 1988 Act and has continued so be so authorised until immediately before the commencement date.
(5) An inspector to whom paragraph (2) applies shall be treated, on and after the commencement date, as subject to the conditions specified in regulation 8A (in addition to any conditions to which he is subject by virtue of his appointment before that date).
(6) A person whose name appears, with the agreement of the Secretary of State, in a list exhibited as mentioned in regulation 9(1)(d) of the principal Regulations immediately before the commencement date, may continue to carry out examinations at the vehicle testing station to which the list relates, notwithstanding that he has not complied with the relevant requirements.
(7) A person to whom paragraph (6) applies shall be treated, on and after the commencement date -
(8) A council which, immediately before the commencement date, is designated for the purposes of section 45 and 46 of the 1988 Act may continue to act in that capacity on and after that date notwithstanding that they have not complied with the relevant requirements.
(9) Subject to paragraph (10), a council to which paragraph (8) applies shall be treated on and after the commencement date as subject to the conditions specified in regulation 8E (in addition to any conditions to which they are subject by virtue of their designation before that date).
(10) A designated council which, but for this paragraph, would be treated as subject to the condition specified in regulation 8E(b)(ii), shall not be so treated if on 1st April 1995 it was designated for the purposes of sections 45 and 46 of the 1988 Act and has continued so be so designated until immediately before the commencement date.
(11) In this regulation "the relevant requirements" -
Omission of Part
26.
Part 1 of Schedule I (diagram showing size, colour, and type of sign to be displayed by authorised examiners) shall be omitted.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State, Department for Transport
14th April 2003
shall be made on a form supplied or approved by the Secretary of State.
(2) The application shall be signed -
(3) The application shall be sent to the Secretary of State at such office of VOSA as he may direct.
(4) Where -
the applicant shall make such additional applications as the Secretary of State may, by notice to the applicant, require.
Application for designation
7A.
- (1) An application by a council for designation for the purposes of sections 45 and 46 of the 1988 Act shall be made on a form supplied or approved by the Secretary of State, and shall be signed by the proper officer.
(2) The application shall be sent to the Secretary of State at the office of VOSA for the area which includes that of the council by which the application is made.
Approvals, authorisations and designations
8.
- (1) The Secretary of State may, after making such investigations and carrying out such inspections as he thinks fit, by an instrument in writing approve, authorise or designate (as the case may be) a person by whom an application has been made under regulation 7 or 7A.
(2) The Secretary of State may at any time, by an instrument in writing, authorise any other person, other than an officer of the Secretary of State, to carry out examinations for the purposes of section 45 of the 1988 Act.
(3) An approval under paragraph (1) shall be subject to the conditions set out in regulation 8A ("the approval conditions") and to such other conditions as may be specified in the approval.
(4) Every authorisation under paragraph (1) or (2) shall be subject to the conditions set out in regulation 8B ("the general authorisation conditions").
(5) The authorisation of an examiner who is not an individual shall be subject (in addition to the general authorisation conditions) to the conditions set out in regulation 8C ("the corporate authorisation conditions") and to such other conditions as may be specified in the authorisation.
(6) The authorisation of an examiner who is an individual shall be subject (in addition to the general authorisation conditions) to the conditions set out in regulation 8D ("the individual authorisation conditions") and to such other conditions as may be specified in the authorisation.
(7) A designation under paragraph (1) shall be subject to the conditions set out in regulation 8E ("the designation conditions") and to such other conditions as may be specified in the designation.
(8) Where the Secretary of State is minded not to approve, authorise or designate a person by whom, or on whose behalf, an application is made under regulation 7 or 7A ("the applicant"), he shall give notice to the applicant to that effect.
(9) The applicant (or any person acting on his behalf) may, within 14 days from the date of the notice given under paragraph (8), make to the Secretary of State, at the address specified in the notice, written representations to the effect that the applicant should be approved, authorised or designated (as the case may be).
The approval conditions
8A.
The conditions referred to in regulation 8(3) are that the person to whom the approval relates -
(b) where the approval is expressed to be limited to examinations -
The general authorisation conditions
8B.
The conditions referred to in regulation 8(4) are that the authorised examiner -
(c) shall, as regards each of the vehicle testing stations at which he is authorised to carry out examinations, by electronic communication or notice to the Secretary of State, at the office of VOSA for the area in which the testing station is situated, inform the Secretary of State -
(d) shall ensure that every test certificate resulting from an examination carried out at any of its testing stations is signed by the person who carried out the examination or by such other person as the Secretary of State may in any particular case direct;
(e) shall ensure that every notice of the refusal of a test certificate resulting from an examination carried out at any of its testing stations is signed by the person who carried out the examination;
(f) shall comply with any direction of the Secretary of State as to the individuals by whom -
(g) shall, at each vehicle testing station at which he is authorised to carry out examinations supervise the carrying out of examinations by the nominated testers authorised to carry out examinations at that testing station;
(h) shall, subject to regulation 8F, so long as the authorisation is in force, display in a conspicuous place outside the vehicle testing station at which he is authorised to carry out examinations a sign of the size, colour and type shown in diagram 864.1 in Schedule 4 (miscellaneous informatory signs) to the Traffic Signs Regulations and General Directions 2002[10];
(i) shall, so long as the authorisation is in force, display at each vehicle testing station at which he is authorised to carry out examinations, in some conspicuous place and so as to be legible by persons submitting vehicles for examination at that testing station -
The corporate authorisation conditions
8C.
The conditions referred to in regulation 8(5) are -
(b) that, where the authorised examiner is persons in partnership and there is a change in the firm's constitution, it shall inform the Secretary of State, at the office of VOSA for the area in which its testing station is situated, of the particulars of the change within 7 days of the effective date of the change; and
(c) that, where the authorised examiner is a company and a person becomes, or ceases to be -
The individual authorisation conditions
8D.
The conditions referred to in regulation 8(6) are that the individual to whom the authorisation relates -
(b) shall, within 7 days of entering into a partnership with a view to carrying on at his vehicle testing station a business comprising the carrying out of examinations, inform the Secretary of State, at the office of VOSA for the area in which his vehicle testing station is situated, of his entry into partnership and of the identity of the other members of the firm; and
(c) shall complete a course of instruction in the functions of authorised examiners provided under section 45(6A) of the 1988 Act.
The designation conditions
8E.
The conditions referred to in regulation 8(6) are that the council -
(c) shall, as regards each of their vehicle testing stations, by electronic communication or notice to the Secretary of State, at the office of VOSA for the area in which the testing station is situated, inform the Secretary of State -
(d) shall secure that every test certificate resulting from an examination carried out at any of their testing stations is signed by the person who carried out the examination or by such other person as the Secretary of State may in any particular case direct;
(e) shall secure that every notice of the refusal of a test certificate resulting from an examination carried out at any of their testing stations is signed by the person who carried out the examination;
(f) shall comply with any direction of the Secretary of State as to the individuals by whom -
(g) shall, subject to regulation 8F, so long as the designation remains in force, display in a conspicuous place outside the vehicle testing station to which the designation relates, a sign of the size, colour and type shown in diagram 864.1 in Schedule 4 (miscellaneous informatory signs) to the Traffic Signs Regulations and General Directions 2002[11];
(h) shall, so long as the designation remains in force, display at each vehicle testing station to which the designation relates, in some conspicuous place and so as to be legible by persons submitting vehicles for examinations at that testing station -
(i) after not less than three clear days' notice given to the council by the Secretary of State, shall make available -
Supplementary provision relating to vehicle testing station signs
8F.
- (1) This paragraph applies to a sign -
(2) A sign to which paragraph (1) applies shall, for the purposes of regulations 8B(h) and 8E(g), be treated as a vehicle testing station sign so long as it continues -
Cessations: general
9.
- (1) An individual shall cease to be an authorised examiner -
(2) Persons in partnership shall cease to be an authorised examiner -
(3) A company shall cease to be an authorised examiner if -
(b) the secretary of the company notifies the Secretary of State that the company no longer wishes to be an authorised examiner.
(4) A council shall cease to be designated if the proper officer notifies the Secretary of State that the council no longer wish to be designated.
(5) An individual shall cease to be a nominated tester -
(6) A person shall cease to be an inspector -
(7) Where an authorised examiner, inspector or nominated tester notifies the Secretary of State that he wishes to cease to be an authorised examiner, inspector or nominated tester (as the case may be) in respect of some only of the vehicle testing stations at which he is approved or authorised to carry out examinations, he shall cease to be an authorised examiner, inspector or nominated tester to that extent.
(8) Where a designated council notifies the Secretary of State that it wishes to cease to be designated in respect of some only of the vehicle testing stations to which its designation relates, the council shall cease to be designated to that extent.
(9) The date on which -
shall be the date (if any) specified in the notice; and, if no date is so specified, on such date as the Secretary of State may by notice specify.
Cessations: action by Secretary of State
10.
- (1) The Secretary of State may at any time give to an authorised examiner, designated council, inspector or nominated tester a notice which states -
(b) where that date is less than 35 days from the date of the notice, that the Secretary of State considers it necessary that the notice shall have early effect; and
(c) that within 14 days from the date of the notice, the person to whom the notice relates (or any person acting on his behalf) may make to the Secretary of State, at an address specified in the notice, written representations to the effect, as the case may be -
(2) Where a notice has been given under paragraph (1), and has not been cancelled -
on the date specified in the notice.
Cessations: return of documents and apparatus
11.
- (1) Subject to paragraph (4), a person who ceases to any extent to be an authorised examiner, inspector or nominated tester shall -
such documents and apparatus referred to in paragraph (3) as are in the person's possession or under his control.
(2) Subject to paragraph (4), the proper officer of a council which ceases to any extent to be designated shall -
such documents and apparatus referred to in paragraph (3) as are in the council's possession or under their control.
(3) The documents and apparatus referred to in paragraphs (1) and (2) are -
(4) Where -
the Secretary of State may, by notice or electronic communication to the person or council concerned, allow him or them to retain such documents and apparatus as may be specified in the notice.".
New regulation 8F, which qualifies new regulations 8B(h) and 8E(g), allows the display of vehicle testing stations signs of the size, colour and type shown in the diagram set out in Part 1 of Schedule 1 to the Traffic Signs Regulations 1994, notwithstanding the replacement of those Regulations by the Traffic Signs Regulations 2002, where the signs were displayed immediately before the coming into force of these Regulations.
Regulations 6 to 8 of these Regulations amend regulations 12 to 14 of the principal Regulations (applications for examinations, requirements as to vehicles submitted for examinations and conditions as to responsibility for damage to vehicles and third party liabilities, respectively) to reflect the section 45 amendments.
Regulation 9 of these Regulations substitutes regulation 15 (examinations) of the principal Regulations not only to reflect the section 45 amendments but also to make provision for the electronic recording of the results of MoT tests. Where the computerised record is not accessible at the time of the examination, the examiner is required to enter or confirm relevant particulars in the computerised record as soon as it becomes available. The person by whom the vehicle was submitted for examination may require the provision of the computer-generated certificate or notice of refusal in exchange for the certificate or notice issued at the time of the examination.
Regulation 10 of these Regulations amends regulation 16 (refusal of test certificate where braking test cannot be carried out) of the principal Regulations. The effect of the amendments is similar to that of the amendments made by regulation 9.
Regulation 11 of these Regulations amends regulation 17 (removal of vehicles submitted for examination) of the principal Regulations to reflect the section 45 amendments.
Regulation 12 of these Regulations amends regulation 18 (appeal on refusal of test certificate) of the principal Regulations. The first amendment substitutes a reference to an office of the Vehicle and Operator Services Agency ("VOSA") for the reference to the office of a traffic area. (Regulation 3(1)(d) of these Regulations omits the definition of "traffic area" in regulation 3(1) of the principal Regulations.) The other amendments are similar in effect to those made by regulations 9 and 10.
Regulations 13 and 14 of these Regulations amend regulations 19 and 20 of the principal Regulations (payments to examiners and designated councils at whose premises examinations on appeals are carried out, and fees for examinations, respectively) to reflect the section 45 amendments.
Regulation 15 of these Regulations amends regulation 21 of the principal Regulations (fees on appeals) by substituting in the proviso to paragraph (4) a reference to the office of VOSA at which the appeal is lodged.
Regulations 16 and 17 of these Regulations substitute regulations 22 and 23 of the principal Regulations (records to be kept and returns to be furnished, and duplicate test certificates respectively) to reflect both the section 45 amendments and the introduction of the computerised record.
Regulation 18 of these Regulations introduces new regulation 23A of the principal Regulations. The new regulation provides for the correction of errors in records and test certificates.
Regulation 19 of these Regulations amends regulation 24 (inspection of premises, apparatus and records) of the principal Regulations to reflect both the section 45 amendments and the introduction of the computerised record.
Regulation 20 of these Regulations introduces new regulation 24A of the principal Regulations. The new regulation makes provision for the return to the Secretary of State of apparatus and documents provided in connection with the carrying out of vehicle examinations.
Regulation 21 of these Regulation substitutes regulation 25 of the principal Regulations and introduces new regulations 25A and 25B of the principal Regulations. The substituted regulation 25 makes provision for the payment to the Secretary of State by authorised examiners and designated councils of charges for the making of entries in the computerised record in respect of vehicles which pass the MoT test. The charge is set at £1.19 per entry. (There is no charge for entries in respect of vehicles which fail the MoT test.) Paragraph (2) of the new regulation requires the making of payments on account.
Authorised examiners and designated councils will be provided with apparatus with which to make entries in the computerised record, and will receive an initial installation visit, free of charge. New regulation 25A makes provision for circumstances in which the Secretary of State may charge for the provision of apparatus to replace that originally provided, and for certain services. The charges are set out in a new Schedule 3 to the principal Regulations, which is introduced by regulation 23 of these Regulations. Where apparatus is not returned in the circumstances mentioned in regulation 11 or 24A(1), is returned in an unserviceable condition (otherwise than by reason of fair wear and tear), or cannot be returned, paragraph (6) of the new regulation enables the Secretary of State to require a compensatory payment.
New regulation 25B provides for the making of refunds by the Secretary of State where a person ceases to be an authorised examiner or where a council cease to be designated, and in respect of the return to him of unused certificates, or spoilt or defaced certificates for which payment has been made in advance.
Regulation 22 of these Regulations introduces new regulations 29 and 30 of the principal Regulations. The new regulations make provision for access to particulars in the records and for the sale of particulars in, or of information derived from, the records.
Regulation 24 provides that the amendments made by regulations 9, 10(b), 12(b), 16 and 17, and, to the extent that it relates to new regulation 25 of the principal Regulations, regulation 20 of these Regulations, are not to apply in relation to examinations at any vehicle testing station at which the apparatus required to enable entries to be made in the computerised system has not been installed. It also provides that the amendments made by regulations 9 and 10 of these Regulations are not to apply in relation to the examination of vehicles classified, in accordance with regulation 5 of the principal Regulations, as vehicles of Class VI or Class VIA (certain types of public service vehicle).
Regulation 25 makes transitional provision to the effect that persons who are authorised to carry out examinations immediately before these Regulations come into force may continue to do so, and that councils continue to be designated, notwithstanding that they have not complied with the procedures contained in the substitute Part II of the principal Regulations. Subject to the exceptions mentioned in paragraphs (3) and (9), those persons and councils are treated as subject to the conditions set out in whichever of the new regulations 8A and 8E is applicable in their particular circumstances.
Regulation 26 reflects the replacement of the Traffic Signs Regulations 1994 by the Traffic Signs Regulations 2002. It amends the principal Regulations by omitting Part 1 of Schedule 1. See also the paragraph of this Note relating to new regulation 8F.
A regulatory impact assessment in respect of the Regulations may be inspected at the Department for Transport's Library, Great Minister House, 76 Marsham Street, London, SW1P 4DR, from where a copy may be obtained. A copy has been placed in the library of each House of Parliament.
[2] S.I. 1981/1694. Relevant amending instruments are S.I. 1995/2438, 1998/1672 and 2000/1432.back
[3] See also section 45(3)(c)(i), substituted by the Road Vehicles (Testing) Act 1999, section 1(1)(b).back
[4] 1984 c. 12. See the definition in section 106(1), and section 4(1) and (2).back
[6] Transport for London was established by section 154 of the Greater London Authority Act 1999 (c. 29).back
[7] Relevant amendments are made by S.I. 1995/2438 and 1998/1672.back
[8] Relevant amendments are made by S.I. 1995/2438 and 2000/1432.back
[9] Relevant amendments are made by S.I. 1995/2438.back
[10] S.I. 2002/3113, to which there are amendments not relevant to these Regulations.back
[11] Part I of S.I. 2002/3113, to which there are amendments not relevant to these Regulations.back
[12] Part I of S.I. 1994/1519 (revoked, subject to savings, by S.I. 2002/3113).back
[13] 1983 c. 20. See section 94(2).back
© Crown copyright 2003 | Prepared 24 April 2003 |