STATUTORY INSTRUMENTS

S.I. No. 550 of 2001

ROAD TRAFFIC (NATIONAL CAR TEST) (No 3) REGULATIONS, 2001

Dublin

Published by the Government Supplies Agency

S.I. No. 550 of 2001

ROAD TRAFFIC (NATIONAL CAR TEST) (No 3) REGULATIONS, 2001

In exercise of the powers conferred on the Minister for the Environment and Local Government by sections 5, 11, 18 and 123 of the Road Traffic Act, 1961 , ( No. 24 of 1961 ) which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order, 1997 ( S.I. No. 427 of 1997 ) and for the purposes of giving effect to the provisions of Council Directive 96/96/EC¹ , I, Robert Molloy, Minister of State at the Department of the Environment and Local Government hereby make the following Regulations:

1.     (1)    These Regulations may be cited as the Road Traffic (National Car Test) (No 3) Regulations, 2001.

(2)    These Regulations shall come into operation on 1 January 2002.

2.     (1)    In these Regulations:-

“anniversary of first registration” means a date that is one or more years after the date on which a vehicle was first registered;

“authorised person” means a person designated by the Minister to act on the Minister's behalf for the purposes of inspecting premises, equipment, vehicles, records, personnel and systems in connection with the operation of these Regulations;

“biennial” means a date that is one or more periods of two years after a date that is specified in sub-article (1) of article 4;

“certificate of suitability” means a certificate issued in accordance with Article 17;

“date of first registration” means the date on which a vehicle was first registered, irrespective of place of registration, or where only the year of first registration is known, that year, in combination with the day and month of first registration in the State;

“design gross vehicle weight” means the design gross weight of the vehicle as specified by the manufacturer of the vehicle or, where such is not ascertainable, the design gross weight of the vehicle as specified by an automotive engineer;

“driver” means the person in charge of a mechanically propelled vehicle when it is in a public place;

“first licence” means the first licence issued for a vehicle under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 ;

“historic vehicle” means a vehicle to which sub-paragraph (a) of paragraph 5 of part 2 of the Schedule to the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952) applies;

“issuing authority” means the authority so designated in accordance with article 14;

“licence” means a licence issued for a vehicle under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 ;

“licensing authority” means the council of a county or the corporation of a county borough which for the time being exercises or performs the functions of a licensing authority under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 ;

“Minister” means the Minister for the Environment and Local Government;

“National Car Testing Service Limited” means the company of that name incorporated in Ireland;

“owner” means-

(a)    of a vehicle (other than a vehicle referred to in paragraph (b)), the person by whom the vehicle is normally kept;

(b)    of a vehicle which is the subject of a hire-purchase agreement or a lease, the person in possession of the vehicle under the agreement or lease;

“Principal Act” means the Road Traffic Act, 1961 (Number 24 of 1961);

“re-test” means the examination carried out on a vehicle in accordance with these Regulations, subsequent to the refusal of a test certificate in respect of that vehicle, provided -

(a)    the application for the re-test is made not more than 21 days from the day on which the test certificate was refused, and

(b)    such test is carried out on a day which is not more than 4 weeks from the day on which the test certificate was refused;

“small public service vehicle” means a hackney, limousine, taxi or wheelchair accessible taxi as defined in the Road Traffic (Public Service Vehicles) Regulations, 1963 to 2000;

“small public service vehicle licence” means a hackney licence, a limousine licence, a taxi licence or a wheelchair accessible taxi licence as defined in the Road Traffic (Public Service Vehicles) Regulations, 1963 to 2000;

“test” means an examination of a vehicle carried out in accordance with these Regulations;

“testing authority” means the authority designated in accordance with sub-article (1) of article 9;

“test centre” means a premises in which the testing authority carries out tests on vehicles in accordance with these Regulations;

“test certificate” means a certificate in the form set out in the First Schedule;

“test disc” means a disc in the form designated as the NCT disc on the test certificate;

“test due date” means the date specified in sub-article (2) of article 4 in respect of a vehicle which is not a small public service vehicle and the date specified in sub-article (4) of the said article in respect of a small public service vehicle;

“test equipment” means the equipment used by the testing authority to carry out tests on vehicles in accordance with these Regulations;

“Test Manual” means the National Car Test (NCT) Manual, 1999, published by the Stationery Office in August 1999, together with any amendments made thereto by the Minister;

“valid test disc” means a test disc which is displayed on a vehicle in respect of which there is in force a test certificate;

“vehicle” means a mechanically propelled vehicle.

(2)    In these Regulations -

(a)    any reference to an article or schedule which is not otherwise identified is a reference to the article or schedule of these Regulations,

(b)    any reference to a sub-article which is not otherwise identified is a reference to the sub-article of the article in which the reference occurs.

3.     (1)    Subject to sub-article (2) and to article 4, section 18 of the Principal Act and these Regulations shall apply to vehicles having at least four wheels, which are designed and constructed primarily for the carriage of passengers and which have a maximum of 8 seats excluding the driver's seat and a maximum design gross vehicle weight of 3,500 kilograms.

(2)    Sub-article (1) shall not apply to a vehicle -

(a)    which is an historic vehicle,

(b)    which is solely used on an off-shore island,

(c)    which is being driven to a test centre, for the purposes of having a test, or a re-test, carried out, for which an appointment had been made prior to the time of such driving,

(d)    on the day on which a test certificate in respect of the said vehicle had been refused,

(e)    which is owned by the Garda Siochana or the Defence Forces.

4.     (1)    Subject to sub-article (2) of article 3 and sub-article (3), section 18 of the Principal Act and these Regulations shall apply to a vehicle, other than a small public service vehicle, that was first registered -

(i)   before 1 January 1992, from the anniversary of first registration which occurs in the year 2000;

(ii)  between 1 January 1992 and 31 December 1996, inclusive of both dates, from the anniversary of first registration which occurs in the year 2001;

(iii) on or after 1 January 1997, from the anniversary of first registration which occurs in the year 2002, or, from the fourth anniversary of first registration, whichever is the later day;

(2)  In respect of a vehicle, other than a small public service vehicle, the dates provided for in sub-article (1) together with each subsequent biennial thereof, shall be termed the test due date in respect of that vehicle.

(3)  Section 18 of the Principal Act and these Regulations shall apply to -

(a)    a vehicle which is the subject of an application for a small public service vehicle licence under the Road Traffic (Public Service Vehicles) Regulations 1963 to 2000 at the time of such application, and

(b)    a vehicle, which is a small public service vehicle, from each date on which the small public vehicle licence in respect of the said vehicle falls due for renewal.

(4)  In respect of a small public service vehicle, the dates provided for in paragraph (b) of sub-article (3) shall be termed the test due date in respect of that vehicle.

5.     A person shall not use in a public place a vehicle to which these Regulations apply unless there is displayed on the front windscreen of the said vehicle a valid test disc.

6.     (1)  Subject to sub-article (2), from 1 April 2000, a licensing authority shall refuse to issue the first licence, or renew a licence, for a vehicle to which these Regulations apply unless the application for such licence or such renewal is accompanied by a test certificate which will be in force in respect of the vehicle on the day on which such licence comes into operation.

(2)  Subject to sub-article (3), a licensing authority may issue a licence in respect of a vehicle, where the testing authority fails to carry out a test on the said vehicle.

(3)  A licence shall not be issued in accordance with sub-article (2) -

(a)    without the prior consent of the Minister, nor

(b)    where the said failure to carry out a test arises from the omission by the owner to present the vehicle for a test in accordance with these Regulations.

7.     (1)    Subject to sub-article (2), a test certificate shall cease to be in force on the next test due date which occurs after the said certificate was issued.

(2)    A test certificate which is issued -

(a)  not more than 180 days before the first test due date, or

(b)  not more than 90 days before a test due date other than the first test due date -

shall continue in force until the subsequent test due date.

(3)    A test disc shall cease to be a valid test disc on the day on which the test certificate to which it relates either ceases to be in force or is revoked pursuant to sub-article (7) of article 13.

8.     (1)    The application to have a test, or a re-test as the case may be, carried out on a vehicle shall be deemed to be a simultaneous application for a test certificate and shall be made to the testing authority.

(2)    The application provided for in sub-article (1) may be made in person, by writing, by facsimile, by telephone or by E-mail.

(3)    Notwithstanding sub-article (1), an application for a test certificate shall be deemed to have been made in accordance with these Regulations whenever the owner, or the owner's agent, accepts with or without amendment, in person, in writing, by facsimile, by telephone or by E-mail, an unsolicited offer of an appointment made by the testing authority in writing to carry out a test on a specified vehicle,

9.     (1)    National Car Testing Service Limited is hereby designated as the testing authority for the purposes of carrying out tests in accordance with the Principal Act and these Regulations.

(2)    Tests of vehicles pursuant to these Regulations shall be carried out by persons employed by the testing authority for that purpose.

(3)    The testing authority is hereby delegated to act on behalf of the issuing authority for the receipt of applications for test certificates,

10.   (1)    Subject to sub-article (4), the fee for a test shall be £37.80 prior to 1 January 2002 and €48 thereafter,

(2)    Subject to sub-articles (3) and (4), the fee for a re-test shall be £21.30p prior to 1 January 2002 and €27 thereafter,

(3)    A re-test of a vehicle, which does not require the use of test equipment shall not be subject to a fee.

(4)    Subject to sub-article (7), the testing authority may require payment of a fee of £55 prior to 1 January 2002 and €69.80 thereafter for a test or £30 prior to 1 January 2002 and € 38 thereafter, for a re-test, of a vehicle which the owner or the owner's agent had failed to present for test, or retest as the case may be, in accordance with the confirmed appointment for the test or re-test.

(5)    The fee for a certificate of suitability shall be £70 prior to 1 January 2002 and €88.80 thereafter.

(6)    Subject to sub-article (7), the testing authority may require payment of a fee of £100 prior to 1 January 2002 and €126.96 thereafter for a suitability test of a vehicle which the owner or the owner's agent had failed to present for test in accordance with the confirmed appointment for the suitability test.

(7)    Sub-articles (4) and (6) shall not apply in any case where the owner or the owner's agent gives at least 5 working days advance notice in person, in writing, by telephone by facsimile or by E-mail to the testing authority, of intention not to present the vehicle for a test, a re-test, or a suitability test as the case may be, at the appointed time.

(8)    The fees specified in this article shall be inclusive of Value Added Tax.

11.   (1)    In carrying out a test on a vehicle, the items to be tested, the methods of testing and the reasons for failure shall be in accordance with the Test Manual.

(2)    In carrying out a re-test-

(a)    the items to be tested shall be those items the condition of which constituted reasons for refusal of the test certificate

(b)    the methods of testing shall be in accordance with sub-article (1).

(3)    The testing authority may refuse to carry out a test or a re-test -

(a)    on a vehicle in respect of which prior application for an appointment for the test had not been granted,

(b)    where the prescribed fee has not been paid in respect of the test,

(c)    where the owner or the driver of the vehicle fails to produce the vehicle registration book, vehicle registration certificate or vehicle licensing certificate in respect of the vehicle at the time of test,

(d)    where the vehicle identification number of the vehicle as shown on the vehicle registration book, vehicle registration certificate or vehicle licensing certificate, whichever is produced, is not the same as that on the vehicle,

(e)    where the testing authority considers that the vehicle is in such a condition that it would not be safe or practicable to carry out the test.

12.   (1)    Upon completion of a test of a vehicle pursuant to these Regulations, the testing authority shall provide the issuing authority with the test report.

(2)    The test report shall be substantially in the form set out in -

(a)    Part 1 of the Second Schedule, in respect of a vehicle having a compression ignition engine, and

(b)    Part 2 of the Second Schedule, in respect of a vehicle having a spark ignition engine.

(3)    Where any reason for failure or reason for refusal of a test certificate is found during a test of a vehicle, such reason or reasons shall be set out in the test report.

13.   (1)    The issuing authority shall be satisfied that a vehicle complies with the prescribed requirements for the issue of a test certificate unless the test report in respect of the said vehicle sets out one or more of the reasons for refusal of a test certificate, that are provided for in sub-article (2).

(2)    Subject to sub-article (3), the reasons for the refusal of a test certificate shall be one or more of those reasons for failure contained in the Test Manual that are specified in the Third Schedule.

(3)    Where in the course of a test in accordance with these Regulations, the testing authority forms the opinion that a defect, notwithstanding that it is not specified in the Third Schedule, is such that the use of the vehicle in question would be a danger to the public, such defect shall be a reason for the refusal of a test certificate.

(4)    The issuing authority shall refuse to issue a test certificate for a vehicle where -

(a)    the vehicle has not been tested or re-tested as the case may be, in accordance with these Regulations, or

(b)    the test report contains one or more of the reasons for refusal of a test certificate.

(5)    Where the issuing authority does not refuse to issue a test certificate in respect of a vehicle, the testing authority shall forthwith deliver the test report and the test certificate incorporating the test disc, to the owner of the vehicle,

(6)    Where the issuing authority refuses to issue a test certificate in respect of a vehicle, the testing authority shall forthwith deliver the test report to the owner of the vehicle.

(7)    The issuing authority may revoke a test certificate or a certificate of suitability where it has reasonable grounds for believing that such certificate was not issued in accordance with these Regulations.

14.    The Minister for the Environment and Local Government is hereby designated to be the issuing authority for the purposes of paragraphs (a), (b) and (c) of sub-section (8) of section 18 of the Principal Act

15.    Where, in the case of an appeal under sub-section (8) of section 18 of the Principal Act, a Judge of the District Court directs a new test of the vehicle, the new test shall be carried out within 21 days of such direction, by a person employed by the testing authority, other than the person by whom the test which gave rise to the refusal of a test certificate was carried out and, if the owner so requests, at a another test centre nominated by the said owner.

16.   (1)    Subject to sub-article (2), the testing authority may, on application from the owner of a vehicle which it has tested, issue a duplicate test certificate and test disc or a duplicate of the test report in respect of such vehicle to the owner.

(2)    The application for either a duplicate test certificate and test disc or for a duplicate test report shall be made in writing to the testing authority and shall -

(a)    include such information relating to the original test certificate or original test report as the testing authority may require,

(b)    be made only by the owner of the vehicle to which the test certificate or test report relates, and

(c)    be accompanied by a fee of £10.00 prior to 1 January 2002 and €12.60 thereafter.

(4)    A duplicate test certificate and a test disc shall be so marked on both the test certificate and test disc.

17.   (1)    The testing authority may issue a certificate of suitability in respect of a vehicle for use as a hackney, a limousine, a taxi or a wheelchair accessible taxi, when, upon inspection, it is satisfied that the said vehicle complies with the requirements in the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 to 2000 and the requirements of the Road Traffic (Public Service Vehicles) Regulations 1963 to 2000, in so far as they apply to vehicles for such use.

(2)    A certificate of suitability shall -

(a)    specify whether the vehicle in respect of which it has been issued is suitable for use as a hackney, limousine, taxi or wheelchair accessible taxi, and

(b)    be in the form set out in the Fourth Schedule and shall be on paper bearing the logo and watermark of the testing authority.

(3)    A certificate of suitability shall be signed by an employee or a grade of employee of the testing authority who, with the agreement of the Minister, is authorised by the General Manager of the said authority to so sign.

18.   (1)    At any reasonable time, an authorised person may inspect premises, equipment, vehicles, records, personnel and systems and any other matters in connection with the carrying out of tests pursuant to these Regulations for the purpose of making a report to the Minister.

(2)    For the purpose of preparing a report for the Minister an authorised person may copy any record held in any form whatsoever by the testing authority.

19.   (1)    Article 5 of these Regulations shall be a penal Regulation.

(2)    These Regulations are specified to be relevant regulations for the purposes of subsection (1) (b) (iii) of section 20 of the Finance (No 2) Act of 1999.

20.   The Road Traffic (National Car Test) Regulations, 1999 ( S.I. No. 395 of 1999 ), the Road Traffic (National Car Test) Regulations, 2000 ( S.I. No. 368 of 2000 ), the Road Traffic (National Car Test) Regulations, 2001 ( S.I. No. 32 of 2001 ) and the Road Traffic (National Car Test) (No 2) Regulations, 2001 ( S.I. No. 298 of 2001 ) are hereby revoked with effect from 1 January 2002.

FIRST SCHEDULE

Form of test certificate and test disc

PART 1 OF THE SECOND SCHEDULE

Form of test report (compression ignition engine)

PART 2 OF THE SECOND SCHEDULE

Form of test report (spark ignition engine)

THIRD SCHEDULE²

Reasons for refusal of a test certificate

Section 2: emissions: exhaust smoke (compression ignition engine)

(1)³     in the case of vehicles registered on or after 1 January 1980, the average smoke meter reading is higher than 2.5m^-1 in the case of naturally aspirated compression ignition engines, or where the average smoke meter reading is higher than 3.0m^-1 in the case of turbo charged compression ignition engines.

(2)      in the case of vehicles registered before 1 January 1980, the exhaust emission is coloured black haze or darker.

Section 3: emissions: carbon monoxide

(1)      in the case of vehicles first registered before 1 October 1986, the carbon monoxide content is more than 4.5% at idling speed.

(2)      in the case of vehicles first registered between 1 October 1986 and 31 December 1993 (inclusive of both dates), the carbon monoxide content is more than 3.5% at idling speed.

(3)      in the case of vehicles first registered on or after 1 January 1994, the carbon monoxide content is more than 0.5% at idling speed.

(4)      in the case of vehicles first registered on or after 1 January 1994, the carbon monoxide content is more than 0.3% at either 2,500 RPM or at the speed specified by the vehicle manufacturer.

Section 3 emissions: hydrocarbon (HC)

(1)      in the case of vehicles first registered before 1 October 1986, the hydrocarbon content is more than 1,000ppm at idling speed.

(2)      in the case of vehicles first registered between 1 October 1986 and 31 December 1993 (inclusive of both dates), the hydrocarbon content is more than 750ppm at idling speed.

(3)      in the case of vehicles first registered on or after 1 January 1994, the hydrocarbon content is more than 200ppm at either 2,500 RPM or at the speed specified by the vehicle manufacturer.

Section 3:emissions: lambda

(1)      emission control system, leaking, incomplete or incorrectly assembled.

(2)      idle speed above vehicle manufacturer's recommendations.

(3)      engine exhaust system leaking.

(4)      in the case of vehicles first registered on or after 1 January 1994, the lambda value at either 2,500 rpm or at the speed specified by the manufacturer is not 1+/- 0.03 or within the vehicle manufacturer's recommendation.

Section 4: service brake pedal

(1)      mounting insecure, badly corroded or worn to the extent that the pedal can be moved from side to side.

(2)      pedal travel is obstructed.

Section 5: service brake operation

(1)      in hydraulic systems, pedal tends to creep down, or is felt to be spongy when held depressed.

(2)      travel in the brake pedal indicates air in the brake system or brakes in need of adjustment.

(3)      in systems assisted by vacuum from engine, with pedal depressed and the engine started, no dip is felt in brake pedal.

(4)      warning light for anti-lock braking system not working or indicates a defect in the anti-lock system.

Section 6: mechanical brake hand lever

(1)      lever/lever mounting is missing, fractured, badly worn or corroded, insecure or mounting unsatisfactory.

(2)      ratchet and pawl mechanism (where fitted by manufacturer) is missing, damaged or sticking.

Section 7 : seats

(1)      loose on runners or insecurely mounted.

(2)      collapsed or framework damaged.

(3)      driver's seat so damaged that driver's support is impaired.

(4)      child seat, where attached to the vehicle, is loose or incorrectly fitted.

Section 8: horn

(1)  horn not working or not fitted.

Section 9: windscreen wipers and washers

(1)      wiper arms or blades missing

(2)      wiper not operating normally.

Section 11: rear view mirror(s)

(1)  interior rear view mirror missing.

(2)  reflecting surface of interior mirror deteriorated or broken so as to impair driver's view of rear.

(3)  estate or hatch back vehicle not fitted with 2 mirrors.

Section 12: speedometer

(1)      speedometer missing or not working

(2)      speedometer cannot be seen from the driver's seat

(3)      speedometer lighting not working

Section 13: safety belts

(1)      for vehicles registered on or after the 1 June 1971, a lap and diagonal type safety belt is not provided for the driver and outer front seat.

(2)      for vehicles registered on or after 1 January, 1992

(a)  a lap and diagonal type belt is not provided for all outer forward facing seats.

(b)  a lap and diagonal or lap type safety belt is not provided for all other forward facing seats.

(3)      belts, including those for a child seat attached to the vehicle, badly frayed or cut.

(4)      belts, including those for a child seat attached to the vehicle, not operating properly.

(5)      any load bearing member of the vehicle structure or panelling within 30 cm of a safety belt anchorage point is cracked, corroded or in an otherwise weakened condition.

(6)      belts mounting unsatisfactory (e.g. incorrect bolts fitted).

Section 14: steering wheel play

(1)      excessive rotational play (20° or more) in the steering box.

(2)      excessive rotational play (5° or more) in the rack and pinion.

(3)      steering wheel/column/shaft has excessive end float, or is insecure or broken.

(4)      bushes/bearings/mounting brackets for steering wheel/column/shaft missing, worn, damaged or insecure.

(5)      shear pin in telescopic column broken.

(6)      universal joint/clamp is damaged, worn, insecure or badly deteriorated.

(7)      a retaining or locking device is missing or insecure.

Section 21: service brake performance

(1)      the braking effort of the vehicle is less than 55% of the test weight of the vehicle.

(2)      the brake cannot be operated progressively.

(3)      the brake shows abnormal lag when released.

(4)      the brake effort on any wheel is less than 25 kilogrammes force (kgf).

Section 22: service brake imbalance

(1)      more than 30% difference in braking effort between wheels on the same axle (i.e. the braking effort on one side should not be less than 70% of the braking effort on the other side).

(2)      brake effort on an individual wheel fluctuates by more than 90%.

(3)      where a road test is carried out, obvious pull to one side is present when brakes are applied.

(4)      where a road test is carried out, perceptible ovality is present in the service brake.

Section 23: parking brake performance

(1)      in the case of a vehicle with a single line braking system and first registered before 1 July 1964, braking effort is less than 20% of the test weight of the vehicle.

(2)      in the case of a vehicle with a single line braking system and first registered on or after 1 July 1964, braking effort is less than 27.5% of the test weight of the vehicle.

(3)      any vehicle with a dual line braking system, braking effort is less than 16% of the test weight of the vehicle.

Section 24: parking brake imbalance

(1)      more than 50% difference in braking power between wheels on the same axle.

Section 26: stop lamps

(1)      missing or not clearly visible.

(2)      not working or faulty.

(3)      not brighter than tail lights.

(4)      not red in colour.

(5)      not of same dimensions and intensity.

(6)      insecurely mounted.

(7)      lens missing or broken.

Section 27: rear lamps and registration plate lamps

(1)      rear lamps missing or not clearly visible.

(2)      rear lamps not working or faulty

(3)      rear lamps not red in colour

(4)      rear lamps lens broken or missing

(5)      rear lamps not of the same dimensions and intensity

(6)      rear lamps insecurely mounted

(7)      rear lamps not fitted symmetrically

Section 28: indicators/tell tales

(1)      indicators missing or not clearly visible.

(2)      indicators not working or faulty.

(3)      indicators not flashing constantly between 60 and 120 flashes per minute (flashing type) .

(4)      indicators insecurely mounted.

(5)      lens broken or missing.

(6)      not amber in colour in the case of a vehicle first registered after 30 June 1964.

(7)      all front indicators not amber or white in colour in case of a vehicle first registered before 1 July 1964.

(8)      all rear indicators not amber or white in colour in case of a vehicle first registered before 1 July 1964.

(9)      where only one indicator is fitted per side.

it is not amber in colour, or

in the case of a semaphore type only, does not extend six inches beyond the outline of the vehicle.

(10)    indicator switch faulty.

(11)    tell tale missing.

(12)    tell tale not working or faulty.

Section 29: side lamps

(1)      missing or not clearly visible.

(2)      lens broken or missing.

(3)      Not working or faulty

Section 30: headlamp condition:

(1)      dipped beams not working simultaneously.

(2)      main beams not working simultaneously.

(3)      main or dipped beams not working.

(4)      light intensity obviously weak.

(5)      glass badly cracked or missing.

(6)      reflecting material damaged/discoloured.

(7)      headlamps missing.

(8)      headlamps insecurely mounted.

(9)      dip or headlamp switch insecurely mounted or missing.

(10)    dip or headlamp switch defective.

(11)    headlamps dipping to the right.

(12)    all lamps not either white or yellow.

(13)    main beam warning light not working.

Section 34: reflectors

(1)      one or both rear reflectors missing or ineffective.

(2)      rear reflectors not red in colour.

(5)      rear reflectors seriously damaged.

(6)      rear reflectors not matching in size and appearance.

(7)      rear reflectors insecurely mounted.

(8)      rear reflectors not fitted symmetrically.

(9)      side reflectors not amber in colour.

Section 35: bodywork

(1)      primary structural components broken, cracked, insecure, damaged or rusted to an advanced stage.

(2)      body not sitting squarely due to distortion.

(3)      bonnet or door catches defective or bonnet safety catch missing or defective.

(4)      bumpers, bull guard or body strips insecure.

(5)      primary structural components repaired in such a manner that the original strength of the components has not been maintained.

(6)      vehicle's original strength as manufactured or original safety of vehicle bodywork as manufactured, obviously not maintained.

(7)      two halves of different vehicles joined together and no certification is available from a competent person.

Section 36: tyre condition

(1)      evidence of recutting of tread pattern where tyre is not suitable for recutting.

(2)      tyre is incorrectly seated on wheel rim.

(3)      any cut in tyre longer than 25mm or 10% of section width (whichever is the shorter), which is deep enough to reach the ply or cords.

(4)      rupture in, or exposure of, ply or cord structure, tread lifting, lump or bulge caused by separation of rubber from cords or weakness in cord structure, or tread distorted or damaged.

(5)      obvious damage or distortion of the valve stem.

(6)      valve stem chafing against valve hole.

Section 37: tyre specification

(1)      tyres fitted to individual axles are not of the same size, aspect ratio or type.

(2)      radial ply tyres are fitted to the front wheels but not to the rear wheels.

(3)      speed rating of tyres cannot be determined on inspection or is insufficient for maximum legal speed limit.

(4)      space saving tyre fitted on an axle.

Section 38: tyre tread

(1)     depth of less than 1.6 mm in the central three-quarters of the tread pattern.

Section 39: wheels

(1)      cracks or defective welds in wheels.

(2)      more than 19mm (3/4”) askew or buckled

(3)      wheels incorrectly fitted.

(4)      wheels damage so that tyre damage or seal damage is possible.

(5)      different size wheels fitted on the same axle.

(6)      any spoke or other wheel component in such a condition that there is a danger of failure.

(7)      stud holes elongated or damaged.

(8)      studs or nuts damaged or threads stripped or crossed.

(9)      any stud or nut missing or loose.

(10)    any stud or nut in such a condition that there is an obvious danger that the wheel will come loose.

(11)    nuts wrongly fitted.

(12)    incorrect nuts fitted.

Section 41: brake fluid

(1)      reservoir lower than half-full or below manufacturers “minimum” level.

(2)      leaking or cap missing.

(3)      fluid obviously dirty or contaminated.

Section 42: chassis/underbody

(1)      welds breaking away.

(2)      cracked, insecure or pronounced misalignment.

(3)      loose rivets, bolts, bent members.

(4)      considerably weakened by holes.

(5)      advanced corrosion or other equivalent damage.

(6)      repairs or modifications obviously not in line with manufacturers recommendations.

Section 43: steering linkage

rack and pinion steering -

(1)     damaged or insecure.

(2)     splines worn or damaged.

(3)     bushes/bearings excessively worn.

(4)     excessive end float in pinion.

(5)     obvious stiffness.

(6)     steering rack gaiter insecure, split or missing.

steering box -

(7)     obvious stiffness or bearings damaged or worn.

(8)     damaged insecure or excessive end float in steering box shaft(s).

(9)     axial or radial play, worn splines or shaft twisted.

(10)    drop arm/drag link damaged or insecure.

(11)    drag link and track rod ends obviously worn or insecure.

(12)    idler assembly mounting obviously loose, or axial or radial play.

(13)    track rod/steering arm obviously deformed loose cracked.

(14)    3mm (1/8”) or more play at wheel rim in king pin/ bushes/ bearings, at wheel rim on 14” diameter wheel, other diameter wheel rims pro rata.

(15)    excessive lift between stub axle and axle beam.

(16)    stub axle damaged or bent.

(17)    retaining or locking device (split pin, nut, rivet, weld, etc.) missing, insecure worn or broken.

(18)    steering housing damaged or worn.

(19)    mounting bolts for steering housing missing or loose.

(20)    any steering component repaired by welding.

(21)    cracks or corrosion around attachment points for steering box, rack or idler box.

(22)    power assistance not available consistently over full lock to lock range.

(23)    power assistance not operating where power steering is a standard fitment by the manufacturer on all vehicles of the type of vehicle being tested.

(24)    power steering fluid below minimum level.

(25)    power steering fluid pipes fouling other components.

(26)    leaks in power steering fluid pipes.

(27)    power steering pump worn, noisy, leaking or with a defective drive.

(28)    continuous oil leak from steering box/rack/ or steering damper.

(29)    steering over or underlocking or fouling any other component on the vehicle.

Section 44: wheel bearings

(1)      obviously too much play in bearings.

(2)      bearings too tight.

(3)      bearings worn or damaged.

Section 45: front springs

spring(coil/leaf), torsion bar -

(1)      worn or exhausted.

(2)      any spring leaf broken, missing or repaired by welding.

(3)      fitted incorrectly.

(4)      spring clamps missing.

(5)      U-bolts loose or missing.

(6)      coil spring or torsion bar broken.

(7)      spring mounting or torsion bar mounting obviously loose.

(8)      spring mounting or torsion bar mounting obviously cracked or damaged.

spring eye- bolts/shackle pins-

(10)    locking device missing or insecurely fitted.

(11)    worn, incorrectly positioned, incorrect type or missing.

(12)    obviously loose in the bush.

(13)    spring or shackle bushes worn, missing or perished.

(14)    spring centre bolt missing or damaged.

(15)    bump stop missing or ineffective.

air, hydrolastic, hydragas suspension -

(15)    leaks.

(16)    linkage to levelling valve defective.

(17)    valves insecure or defective.

(18)    suspension bellows giving inadequate movement with risk of wheel fouling.

(19)    pipe damaged to the extent that it is likely to fail.

(20)    vehicle sitting on bump stops.

bonded suspension units -

(21)    failure of rubber/metal attachment.

(22)    deterioration of suspension medium.

Section 46: front suspension

(1)      axle beam obviously out of line.

in respect of wishbones, swinging arm, track control arm, suspension strut -

(2)      mounting obviously loose or worn.

(3)      cracked, damaged or deformed.

in respect of anti-roll bar, torque arm/rod, radius rod/link. -

(4)      missing or broken..

(5)      mounting loose.

(6)      cracked, damaged or deformed.

in respect of bushes, ball joints, and sliding bushes or swivel Joints

(7)      excessive wear.

(8)      insecure.

(9)      suspension mounting area deformed or corroded to such an extent that the security or alignment of the suspension component is affected.

Section 47: brake lines/hoses

(1)      perished, kinked, damaged or rusted to the extent that the pipe is pitted.

(2)      unsatisfactorily mounted/possibility of failing.

(3)      leaks.

(4)      fouling moving parts.

(5)      bulging under pressure.

(6)      inadequate repairs or unsuitable fittings.

Section 48: shock absorber condition

(1)      obvious leak in shock absorber.

(2)      mounting bracket or bushes missing, loose or damaged.

(3)      shock absorber missing or damaged.

Section 49: electrical system

(1)      ignition switch missing.

(2)      ignition cannot be switched off.

(3)      ignition key cannot be removed.

(4)      wiring liable to interfere with the driver's control of the vehicle.

(5)      risk of fire, including risk associated with:-

-  electrical wiring dislocated or insecure

-  electrical wiring insulation damaged

-  after-market items with the exceptions of taxi roof-signs, anti-theft systems and light failure indicators not being wired through ignition switch

-  use of unsuitable wiring, e.g. household wiring/bell wiring.

(6)      battery mounting unsatisfactory.

(7)      risk of short-circuiting present with battery.

(8)      leakages from battery.

Section 50: fuel system

fuel tank, fuel filter systems and fuel lines -

(1)      incorrectly or loosely mounted or damaged.

(2)      advanced rust in fuel tank.

(3)      leaks.

(4)      unsuitable fuel tank.

(5)      LPG/CNG tank fitted inside vehicle without being in a sub-compartment or without having valves piped to the outside.

(6)      LPG/CNG venting or ducting pipes damaged or blocked.

(7)      sub-compartment obviously not gas-tight where valves are not piped to the outside.

(8)      fuel tank fitted to roof of vehicle.

(9)      manual or solenoid valves not operating.

(10)    possibility of fuel lines being crushed, chafed, ruptured or subject to excessive vibration.

(11)    fuel cap or fuel cap seal missing.

throttle control -

(12)    sticking, binding or excessively worn.

(13)    link pins, retaining devices or safety devices missing.

(14)    cracked or fractured mounting bracket or panel.

(15)    excess fuel device gives off excessive smoke if operated from within the passenger compartment after the engine has been started.

(16)    engine stop control (on diesel vehicles) is not working or is missing.

(17)    air filter assembly insecure, missing or incomplete.

Section 51: brake wheel units

(1)      hydraulic brake unit insecurely mounted.

(2)      hydraulic brake unit leaking.

(3)      hydraulic brake unit sluggish in operation or seized.

Section 52: mechanical brake components

(1)      brake rods/levers/cables/linkages/pivots missing, damaged, cracked, seized, obstructed or worn.

(2)      brake rods/levers/cables/linkages/pivots incorrectly fitted.

(3)      brackets, mounting bolts, split pins or other retaining devices missing, loose or worn.

(4)      brake linings contaminated.

(5)      brake linings incorrectly adjusted.

(6)      brake shoes or pads in need of replacement.

(7)      brake drums/discs/backplates obviously damaged, askew, or insecure.

in relation to actuating levers -

(8)      levers damaged, insecure or in need of adjustment.

(9)      levers operating over centre.

(10)    danger of brakes locking.

(11)    free movement of brake rod/levers/cables etc. restricted.

Section 53: master cylinder/servo/valves/connections

(1)      master cylinder/reservoirs insecurely mounted/mounting panel cracked.

(2)      master cylinder/reservoirs leaking or defective.

(3)      servo insecure or defective.

(4)      servo damaged, badly corroded or leaking.

(5)      valves insecurely mounted, leaking or defective.

(6)      load sensing and brake proportioning valves damaged, leaking, inoperative or obviously incorrectly adjusted.

Section 54: exhaust system/noise

(1)      exhaust pipe badly mounted or liable to fall off.

silencer -

(2)      missing or not functioning, excessive noise.

(3)      badly mounted or likely to fall off.

(4)      serious leaks.

(5)      risk of fire because of leaks or broken components in exhaust assembly.

Section 55: rear suspension

axle beam, trailing arm, wishbones, swinging arm, track control arm, suspension strut-

(1)      obviously askew.

(2)      mounting bushes, bearing or bearing carrier, shafts, ball joints, obviously loose, worn or insecure.

(3)      cracked or damaged.

anti-roll bar, transverse rod, radius rod/link -

(4)      mounting loose.

(5)      cracked or deformed.

(6)      missing or broken.

bushes, ball-joints, sliding bushes or swivel joints

(7)      showing excessive wear.

(8)      Insecure.

(9)      mounting area damaged or corroded to such an extent that the security or alignment of the suspension component is affected

Section 56: rear springs

spring(coil/leaf), torsion bar -

(1)      worn or exhausted.

(2)      any spring leaf broken, missing or repaired by welding.

(3)      fitted incorrectly.

(4)      spring clamps missing.

(5)      U-bolts loose or missing.

(6)      coil spring or torsion bar broken.

(7)      spring mounting or torsion bar mounting obviously loose.

(8)      spring mounting or torsion bar mounting obviously damaged.

spring eye- bolts/shackle pins -

(9)      locking device missing or insecurely fitted.

(10)    worn, incorrectly positioned, incorrect type or missing.

(11)    obviously loose in the bush.

(12)    spring, shackle bushes or slipper pads worn, missing or perished.

(13)    spring centre bolt missing or damaged.

(14)    bump stop missing, damaged or ineffective.

air, hydrolastic, hydragas suspension -

(15)    leaks.

(16)    linkage to levelling valve defective.

(17)    valves insecure or defective.

(18)    suspension bellows giving inadequate movement with risk of wheel fouling.

(19)    pipe damaged to the extent that it is likely to fail.

(20)    vehicle sitting on bump stops.

bonded suspension units -

(21)    failure of rubber/metal attachment.

(22)    deterioration of suspension medium.

FOURTH SCHEDULE

NCTS logo

Certificate of Suitability

Part 1

Public service vehicle Licence No.____________________________________

Test certificate (NCT certificate) number______________________________

It is hereby certified that the vehicle described in Part 2 of this certificate, and for which a test certificate has been issued was inspected on __________________ (insert date) in accordance with article 17 of the Road Traffic (National Car Test) (No 3) Regulations, 2001 and that as a result the testing authority is satisfied that the vehicle conforms with the requirements particular to the use of a vehicle as a:

HACKNEY/ LIMOUSINE/ TAXI/ WHEELCHAIR ACCESSIBLE TAXI

(delete as necessary)

that are set out in the Road Traffic (Construction, Equipment and Use of Vehicles)

Regulations 1963 to 2000 and the Road Traffic (Public Service Vehicles)

Regulations 1963 to 2000, and is suitable for such use.

Date of issue of this certificate: ______________________

Part 2; Particulars of vehicle

Registration Number:__________________________

Chassis Number:_____________________________

Make _____________________________________

Model ____________________

Colour ____________________

Maximum no. of passengers ___________________

_______________________________________________________________________________________________________________________

EXPLANATORY NOTE

(This Note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations consolidate the statutory provisions concerned with the National Car Test, the suitability testing and periodic roadworthiness testing of small public service vehicles in one Statutory Instrument.

They also specify certain reasons for failure of a test to be additional reasons for refusal of a test certificate and specify various NCT-related fees in Euros.

¹ O.J. No. L 46/11 of 17.02.97

² Words and technical expressions used in this Schedule are to be construed by reference to the National Car Test (NCT) Manual 1999

³ These numerical references are not cross-referenced with the National Car Test (NCT) Manual