Citation, commencement and interpretation

1. This Order may be cited as the Department for Transport (Fees) Order 2009 and shall come into force on the day after that on which it is made.

2.–(1) In this Order–

"the 1976 Act" means the International Carriage of Perishable Foodstuffs Act 1976 (2)

"the 1981 Act" means the Public Passenger Vehicles Act 1981(3);

"the 1985 Act" means the Transport Act 1985(4)

"the 1987 Act" means the Finance (No.2) Act 1987;

"the 1988 Act" means the Road Traffic Act 1988(5)

"the 1994 Act" means the Vehicle Excise and Registration Act 1994(6)

"the 1995 Act" means that the Goods Vehicles (Licensing of Operators) Act 1995(7);

"enforcement and compliance functions" include, without limitation, any functions of or relating to–

"examination for plating" and "goods vehicle test" have the same meaning as in section 49(4) of the 1988 Act;

"Minister´s approval certificate" has the same meaning as in section 58 of the 1988 Act;

"public service vehicle" has the same meaning as in section 1 of the 1981 Act(8);

"traffic commissioner" means a commissioner appointed under section 4(9) of the 1981 Act;

"senior traffic commissioner" means a traffic commissioner appointed by the Secretary of State as senior traffic commissioner under section 4A(10) of the 1981 Act and any reference to a traffic commissioner includes reference to the senior traffic commissioner;

"vehicle examiner" means an examiner appointed under section 66A(11) of the 1988 Act.

(2) In this Order references to powers to fix fees are references to powers of the Secretary of State.

Fees under the International Carriage of Perishable Foodstuffs Act 1976

3.–(1) In relation to the powers to fix a fee under section 3(1)(d) and (g) of the 1976 Act (fees for examination and testing of transport equipment and the issue of certified copies of certificates), the functions listed in paragraphs 1 and 3 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.

(2) In relation to the power to fix a fee under section 4(1) of the 1976 Act (fees for approval of type equipment) the functions listed in paragraphs 2 and 3 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.

Fees under the Public Passenger Vehicles Act 1981

4.–(1) In relation to the powers in the 1981 Act to fix a fee under:

(a) section 52(1)(a)(ii)(12) and section 60(1)(e)(13) (fees in relation to certificates of initial fitness or equivalent);

(b) section 10(1) and section 60(1)(e) (fees in relation to approval of vehicle as type vehicle);

the functions listed in paragraphs 4 to 6 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.

(2) In relation to the powers to fix fees under sub-paragraphs (i), (ia), (ib), (iii) and (iv) of section 52(1)(a) and section 60(1)(e) of the 1981 Act (fees in relation to licences to operate public service vehicles etc.), the functions listed in paragraphs 7 to 11 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.

(3) In relation to the power to fix a fee under section 52 (1)(a)(v) and section 60(1)(e) of the 1981 Act (fees in relation to documents required for public service vehicles registered in Great Britain to make journeys to or from places outside Great Britain or in relation to public service vehicles registered outside Great Britain), the functions listed in paragraph 12 and 13 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.

(4) In relation to the power to fix a fee under section 52(1) and section 60(1)(e) of the 1981 Act as applied by sections 126(1)(14) and 134(1) of the 1985 Act –

(a) in relation to applications for the registration of local bus services and the cancellation, variation or continuing in force of such registrations, the functions listed in paragraphs 14 to 17 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act;

(b) in relation to applications for and the grant of permits under sections 19(15) and 22 of the 1985 Act, the functions listed in paragraphs 18 to 20 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.

Fees under the Road Traffic Act 1988

5.–(1) In relation to the powers in the 1988 Act to fix a fee under section 45(7) and –

(a) section 46(1)(h)(16) (fees for the issue of duplicates and copies of test certificates);

(b) section 46(5) (fees for particulars of records);

(c) section 46(6) (charges for the sale of information derived from records),

where the fee relates to certificates or records with regard to the inspection, testing or examination of public service vehicles, the functions listed in paragraphs 21 to 23 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.

(2) In relation to the power to fix a fee under section 45(7) and section 46(1)(f) of the 1988 Act (fees on an application or appeal relating to a vehicle examination), where a fee is charged in respect of the inspecting, testing, examination or re-examination of public service vehicles, the functions listed in paragraphs 21 to 24 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.

(3) In relation to the powers in the 1988 Act to fix a fee under section 45(7) and–

(a) the powers listed in paragraphs (1) and (2);

(b) section 45(6A)(17) (fees for attendance on courses in connection with the carrying out of vehicle examinations);

(c) section 46(1)(j) and section 46(4) (charges paid by authorised examiners or designated councils);

(d) section 46(2)(b) (fees in respect of applications for or continuation of the Secretary of State´s authorisation, approval or designation),

where a fee relates to the inspection, testing or examination of vehicles other than public service vehicles, or in relation to certificates, or records with regard to such inspection, testing or examination, the functions listed in paragraphs 25 to 27 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.

(4) In relation to the powers in the 1988 Act to fix a fee under section 49 and–

(a) section 51(1) (h) (fees on an application or appeal relating to vehicle examination);

(b) section 51(1) (k) (fees for replacement of plates, plating certificates and goods vehicle test certificates),

the functions listed in paragraphs 28 to 31 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.

(5) In relation to the powers in the 1988 Act to fix a fee under section 61(1) and –

(a) section 61(2)(d) (fees for type approval examinations etc.)

(b) section 61(2)(e) (fees for services or facilities or the issue of certificates and other documents);

(c) section 61(2)(h) (fees for issue of replacement plates, certificates of conformity and approval certificates),

the functions listed in paragraphs 32 to 35 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.

(6) In relation to the powers in the 1988 Act to fix a fee under section 63A(3)(b), (d) and (e)(18) (fees for applications and appeals relating to plated weights for goods vehicles without examination, including the issue of replacement plates), the functions listed in paragraphs 28 to 35 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.

(7) In relation to the powers in the 1988 Act to fix a fee under–

(a) section 72(8)(19) (fees for inspection of a vehicle with a view to removal of a prohibition);

(b) section 72(9) (fees for appeals relating to removal of a prohibition),

the functions listed in paragraphs 36 to 38 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.

Fees under the Vehicle Excise and Registration Act 1994

6.–(1) In relation to the powers to fix fees under paragraphs (b), (d), (g), (h) and (j) of section 22A(3) of the 1994 Act (20) (fees in relation to examinations and appeals for the purposes of vehicle identity checks etc.), the functions listed in paragraphs 39 and 43(a) of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.

(2) In relation to the power to fix a fee under section 61A(4)(21) of the 1994 Act (fees in relation to examinations and appeals for the purposes of determining the design weight of a vehicle), the functions listed in paragraphs 40, 41 and 43(b) of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.

(3) In relation to the power to fix a fee under section 61B(1)(d) and (3)(b)(22) of the Vehicle Excise and Registration Act 1994 (fees in relation to examinations and re-examinations for reduced pollution certificates) the functions listed in paragraphs 42 and 43(c) of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.

Fees under the Goods Vehicles (Licensing of Operators) Act 1995

7. In relation to the power to fix a fee under section 45(1) and sections 57(2) (b) and (f) of the 1995 Act, (fees in respect of licences to operate goods vehicles etc.) the functions listed in paragraphs 44 to 47 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.

Fees under the Disability Discrimination Act 1995

8. In relation to the power to fix a fee under section 45(1) of the Disability Discrimination Act 1995(23) (fees in relation to accessibility and approval certificates, etc.), the functions listed in paragraphs 48 to 51 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.

Matters to be taken into account in determining costs

9. The matters listed in Schedule 2 are specified as matters that for the purpose of section 102(4) of the 1987 Act are to be taken into account, in determining the costs of each of the functions specified in Schedule 1.

Amendment of the Department of Transport (Fees) Order 1988

10.–(1) The Department of Transport (Fees) Order 1988(24) shall be further amended as follows.

(2) In Schedule 1 the following entries are omitted–

(a) Table I,

(b) Paragraphs 1 to 4A of Table III,

(c) Table IV,

(d) Table V, except for paragraph 3A and

(e) Table VI.

(3) In Table II of Schedule 1, (fees payable under the Finance Act 1973),

(a) in column 2 (specified functions) –

(i) in paragraph A(i), the words "pursuant to any Community obligation or any international road transport agreement or arrangement" are substituted for the words "in relation to obligations under EEC regulations and bilateral road transport agreements";

(ii) in paragraph B(i), the words "pursuant to any Community obligation" are substituted for the words "in relation to any EEC Directive" and "EEC" is omitted before "type approval";

(iii) in paragraph D(ii), the words "pursuant to any Community obligation" are substituted for the words "under EEC regulations";

(iv) in paragraph E(i), the words "pursuant to any Community obligation or any international agreement or arrangement" are substituted for the words "in accordance with EEC regulations and bilateral agreements with non EEC countries".

(b) In column 3 (specified matters), the words "Paragraphs 1 to 8" are substituted for the words "Paragraphs 1 to 7" for all entries.

Articles 3 to 8

SCHEDULE 1 SPECIFIED FUNCTIONS

PART 1 INTERNATIONAL CARRIAGE OF PERISHABLE FOODSTUFFS ACT 1976

1. The functions of the Secretary of State in relation to the inspection, examination, testing or certification of transport equipment under the 1976 Act.

2. The functions of the Secretary of State in relation to the approval of type vehicles under the 1976 Act.

3. Enforcement and compliance functions of the Secretary of State directly or indirectly related to or connected with the functions specified in paragraphs 1 and 2.

PART 2 PUBLIC PASSENGER VEHICLES ACT 1981

Fitness of public service vehicles

4. The functions of the Secretary of State or vehicle examiners in relation to the initial fitness, examination and re-examination of public service vehicles under the 1981 Act, including without limitation, the issue of certificates, duplicate certificates and functions in relation to appeals.

5. The functions of the Secretary of State or vehicle examiners in relation to type vehicle approval under the 1981 Act including, without limitation, the issue of certificates of type approval and conformity, duplicate certificates and functions in relation to appeals.

6. Enforcement and compliance functions of the Secretary of State, vehicle examiners or traffic commissioners directly or indirectly related to or connected with any of the functions specified in paragraphs 4 and 5, including without limitation, the enforcement of conformity of production standards and standards of fitness.

Licensing of Operators of Public Service Vehicles

7. The functions of the Secretary of State or the traffic commissioners, in relation to the licensing of operators of public service vehicles, under the 1981 Act and the 1985 Act.

8. The functions of the Secretary of State or the traffic commissioners, in relation to anything done by the European Communities or any of their institutions in relation to licensing of operators of public service vehicles.

9. Any other functions of the Secretary of State or the traffic commissioners, in relation to public service vehicles, including without limitation, the exercise of appellate functions.

10. The functions of the Secretary of State or the traffic commissioners, in providing staff or other assistance and support generally to the Transport Tribunal and in providing assistance and support in relation to any appeal before the Transport Tribunal.

11. Enforcement and compliance functions of the Secretary of State, the traffic commissioners, or vehicle examiners, which are directly or indirectly related to or connected with the functions specified in paragraphs 7 to 10, or any other requirements relating to the operation or driving of public service vehicles, including without limitation, requirements as to –

(a) public service vehicle weights, size, design, accessibility, safety standards, maintenance, testing, and any other matter relating to the vehicle itself;

(b) the carrying capacity of public service vehicles;

(c) drivers´ hours and working time, including the use of tachographs and other requirements for the maintenance of records;

(d) the conduct of drivers, conductors and passengers;

(e) the holding of any document, including without limitation, any certificate, licence, permit or authorisation;

(f) compliance with conditions on an operator´s licence.

Documents required for journeys outside of Great Britain or for public service vehicles registered outside of Great Britain

12. The functions of the Secretary of State in relation to applications for, and the issue of, documents required in relation to public service vehicles registered in Great Britain while making journeys to or from places outside Great Britain or in relation to public service vehicles registered outside Great Britain.

13. Enforcement and compliance functions of the Secretary of State directly or indirectly related to or connected with the functions specified in paragraph 12.

Registration of local bus services

14. The functions of the Secretary of State or the traffic commissioners in relation to applications for the registration of local services under section 6 of the 1985 Act and the cancellation, variation and the continuing in force of such registrations under the 1981 Act and the 1985 Act.

15. The functions of the Secretary of State or the traffic commissioners in relation to determining traffic regulation conditions under sections 7(25) to 9(26) of the 1985 Act, including the determination of appeals.

16. Any other functions of the Secretary of State or the traffic commissioners in relation to the registration of local services under the 1985 Act.

17. Enforcement and compliance action directly or indirectly related to or connected with the functions specified in paragraphs 14 to 16.

Permits under sections 19 and 22 of the Transport Act 1985

18. The functions of the Secretary of State or the traffic commissioners in relation to applications for and the grant of permits under the 1981 Act and sections 19 and 22 of the 1985 Act.

19. Any other functions of the Secretary of State or the traffic commissioners in relation to permits under sections 19 and 22 of the 1985 Act.

20. Enforcement and compliance functions of the Secretary of State or the traffic commissioners directly or indirectly related to or connected with the functions specified in paragraphs 18 and 19.

PART 3 ROAD TRAFFIC ACT 1988

Testing of Public Service Vehicles

21. The functions of the Secretary of State or vehicle examiners in relation to the inspection, testing and examination of public service vehicles under the 1988 Act and the 1981 Act (27).

22. Any other functions of the Secretary of State or vehicle examiners in relation to the testing and inspection of public service vehicles, including, without limitation–

(a) the issue of duplicate test certificates;

(b) functions in connection with appeals and appeal tests;

(c) the provision of services to create or maintain records including electronic data or to transfer information between persons by electronic data transmission or other means;

(d) the installation, modification, servicing, repair or replacement of apparatus or the training, supervision, inspection or monitoring of persons authorised to use such apparatus.

23. Enforcement and compliance functions of the Secretary of State or vehicle examiners directly or indirectly related to or connected with the functions specified in paragraphs 21 and 22.

24. The functions specified in paragraphs 7 to 11.

Testing of vehicles to which section 45 of the 1988 Act applies, other than public service vehicles

25. Functions of the Secretary of State or vehicle examiners, under the 1988 Act, in relation to the inspection, testing and examination of vehicles to which section 45 of the 1988 Act applies, other than public service vehicles.

26. Any other functions of the Secretary of State or vehicle examiners, in relation to the inspection, testing and examination of vehicles, to which section 45 of the 1988 Act applies, other than public service vehicles, including, without limitation–

(a) the inspection or supervision of premises, equipment, records, vehicles and testing station testing standards;

(b) the training, re-training and checking of the continuing competence of testers and authorised examiners and inspectors;

(c) the issue of duplicate test certificates;

(d) functions in connection with appeals and appeal tests;

(e) the provision of services to create or maintain records including electronic data or to transfer information between persons by electronic data transmission or other means;

(f) the installation, modification, servicing, repair or replacement of apparatus or the training, supervision, inspection or monitoring of persons authorised to use such apparatus.

27. Enforcement and compliance functions of the Secretary of State or vehicle examiners directly or indirectly related to or connected with the functions specified in paragraphs 25 and 26.

Goods Vehicles Plating and Testing

28. The functions of the Secretary of State or vehicle examiners, in relation to the inspection, testing and examination of goods vehicles and examination for plating of goods vehicles to which regulations under section 49 or section 63A of the 1988 Act apply.

29. The functions of the Secretary of State or vehicle examiners, in relation to alterations to goods vehicles or their plated weights, to which regulations under section 59 or section 63A of the 1988 Act apply.

30. Enforcement and compliance functions of the Secretary of State or vehicle examiners directly or indirectly related to or connected with the functions specified in paragraphs 28 and 29.

31. The functions specified in paragraphs 44 to 47.

Approval of design, construction, equipment and marking of vehicles and parts

32. The functions of the Secretary of State or authorised persons in relation to the approval of the design, construction, equipment and marking of vehicles and parts under the 1988 Act. For the purposes of this paragraph and paragraphs 34 and 35, authorised persons means persons authorised by regulations made under sections 61(1) and s 61(2)(f) of the 1988 Act.

33. The functions of the Secretary of State or vehicle examiners in relation to the plating, testing and ascertaining of the condition of goods vehicles to which regulations under section 49 or section 63A of the 1988 Act apply.

34. The functions of the Secretary of State, or authorised persons, in relation to type approval and conformity of production standards under the 1988 Act, including, without limitation, the issue of certificates of conformity or Minister´s approval certificates and duplicates of such certificates and functions in connection with appeals and appeal tests.

35. Enforcement and compliance functions of the Secretary of State, authorised persons or vehicle examiners directly or indirectly related to or connected with the functions specified in paragraphs 32 to 34.

Removal of prohibitions

36. The functions of the Secretary of State or vehicle examiners in relation to the inspection of a vehicle or test certificate with a view to the removal of a prohibition.

37. The functions of the Secretary of State or vehicle examiners in relation to an appeal against a refusal to remove a prohibition.

38. Enforcement and compliance functions of the Secretary of State or vehicle examiners directly or indirectly related to or connected with the functions specified in paragraphs 36 and 37.

PART 4 VEHICLE AND EXCISE REGISTRATION ACT 1994

39. The functions of the Secretary of State or authorised examiners, in relation to vehicle identity checks under section 22A of the 1994 Act. For the purposes of this paragraph and paragraphs 40, 41 and 43(a) and (b), authorised examiners means examiners authorised by regulations made under section 22A of the 1994 Act.

40. The functions of the Secretary of State or authorised examiners, in relation to the determination of the design weight of goods vehicles under section 61A of the 1994 Act.

41. Any other functions of the Secretary of State or authorised examiners, in relation to the determination of the design weight of goods vehicles.

42. The functions of the Secretary of State or authorised examiners in relation to reduced pollution certificates under section 61B (1), (2) and (3) (28) of the 1994 Act. For the purposes of this paragraph and paragraph 43(c), authorised examiners means examiners authorised by regulations made under section 61B of the 1994 Act.

43. Enforcement and compliance action functions of the Secretary of State, vehicle examiners, or authorised examiners, directly or indirectly related to or connected with the functions specified in–

(a) paragraph 39;

(b) paragraphs 40 and 41;

(c) paragraph 42.

PART 5 GOODS VEHICLES (LICENSING OF OPERATORS) ACT 1995

44. The functions of the Secretary of State or the traffic commissioners, in relation to goods vehicles and the licensing of operators of goods vehicles, under the 1995 Act.

45. The functions of the Secretary of State or the traffic commissioners, in relation to anything done by the European Communities or any of their institutions in relation to the licensing of operators of goods vehicles.

46. Any other functions of the Secretary of State, or the traffic commissioners, in relation to goods vehicles including without limitation, the exercise of any appellate functions.

47. Enforcement and compliance action directly or indirectly related to or connected with the functions of the Secretary of State, the traffic commissioners, or vehicle examiners relating to the operation, driving, or keeping of goods vehicles including, without limitation, requirements as to–

(a) goods vehicle weights, loads, size, design, accessibility, safety standards, maintenance, plating and testing and any other matter relating to the vehicle itself;

(b) loads carried on goods vehicles;

(c) hazardous load requirements under the Health and Safety at Work etc. Act 1974(29) or regulations made under that Act;

(d) requirements relating to drivers´ hours and working time, including the use of tachographs and other requirements for the maintenance of records;

(e) conduct of drivers;

(f) the holding of any document, including without limitation any certificate, licence, permit or authorisation;

(g) compliance with conditions on an operator´s licence.

PART 6 DISABILITY DISCRIMINATION ACT 1995

48. The functions of the Secretary of State or vehicle examiners in relation to the issue of accessibility certificates under section 41 of the Disability Discrimination Act 1995.

49. The functions of the Secretary of State or vehicle examiners in relation to the approval of type vehicles under section 42 of the Disability Discrimination Act 1995 and the issue of approval certificates.

50. The functions of the Secretary of State in respect of reviewing approval decisions or considering appeals against the refusal to issue accessibility or approval certificates, under section 44 of the Disability Discrimination Act 1995.

51. Enforcement and compliance action directly or indirectly related to or connected with the functions specified in paragraphs 48 to 50.

Article 9

SCHEDULE 2

1. The allocation, over a period of years, of an initial or exceptional cost, in relation to any of the functions specified in Schedule 1.

2. The recovery of any past deficits incurred in relation to any of the functions specified in Schedule 1.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order specifies functions, the costs of which are to be taken into account in the determination of fees to be fixed by the Secretary of State in respect of certain activities concerning road vehicles, road transport, goods vehicle operators, public service vehicle operators and bus services.

The Order also specifies matters which, in addition to matters already required to be taken into account, are to be taken into account in determining the costs of functions.

This Order partially consolidates, with amendments, the Department of Transport (Fees) Order 1988 (S.I.1988/643)

Article 3 specifies the functions listed in paragraphs 1 to 3 of Schedule 1, including enforcement functions, against powers in sections 3 and 4 of the International Carriage of Perishable Foodstuffs Act 1976.

Article 4 specifies the functions listed in paragraphs 4 to 20 of Schedule 1, including enforcement functions, against powers in sections 10, 52 and 60 of the Public Passenger Vehicles Act 1981, including those powers as applied by section 126 of the Transport Act 1985.

Article 5 specifies the functions listed in paragraphs 21 to 38 of Schedule 1, including enforcement functions, against powers in sections 45, 46, 49, 51, 61, 63A and 72 of the Road Traffic Act 1988.

Article 6 specifies the functions listed in paragraphs 39 to 43 of Schedule 1, including enforcement functions, against powers in sections 22A, 61A and 61B of the Vehicle Excise and Registration Act 1994.

Article 7 specifies the functions listed in paragraphs 44 to 47 of Schedule 1, including enforcement functions, against powers in sections 45 and 57 of the Goods Vehicles (Licensing of Operators) Act 1995.

Article 8 specifies the functions listed in paragraphs 48 to 51 of Schedule 1, including enforcement functions, against powers in section 45 of the Disability Discrimination Act 1995.

Article 9 specifies matters to be taken into account, in determining the costs of each of the functions listed in Schedule 1. Such matters are listed in Schedule 2 and include the recovery of past deficits.

Article 10 revokes certain provisions of the Department of Transport (Fees) Order 1988, and makes minor modifications to others.

A full impact assessment has not been produced for this instrument. No impact on the private or voluntary sectors is foreseen, since this instrument does not change any fees. Full impact assessments will be produced as and when any fee changes are proposed.