Commencement and citation

1. These Regulations shall come into force on 1st April 1989 and be cited as the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1989.

Revocation

2. The Regulations specified in Schedule 7 are hereby revoked.

Interpretation

3.-(1) Unless the context otherwise requires, any reference in these Regulations to:

(a)a numbered regulation or Schedule is a reference to the regulation of or Schedule to these Regulations bearing that number;

(b)a numbered paragraph is a reference to the paragraph bearing that number in the regulation or Schedule in which that number appears; and

(c)a numbered section is a reference to the section bearing that number in the Road Traffic Act 1972.

(2) In these Regulations, except where the context otherwise requires:-�

"applicant" means an applicant for the issue of a type approval certificate or authorisation for a vehicle or vehicle part for the purpose of a Community Instrument or ECE Regulation, an applicant for the issue of a type approval certificate or Minister's approval certificate for a vehicle or vehicle part for the purpose of the national type approval scheme, or an applicant for the issue of a sound level measurement certificate;

"approval mark" means a marking designated as an approval mark by Regulations made under section 63;

"approval requirements" means-

"authorisation" means an authorisation in writing given by the Secretary of State for the application of an approval mark to a vehicle or vehicle part;

"Community Instrument" means a Council Regulation, a Council Directive or a Commission Directive;

"ECE Regulation" means a Regulation annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958(5) as amended(6) to which the United Kingdom is a party(7);

"examination" means any examination or test, or series of examinations or tests carried out on a vehicle or vehicle part to ascertain that in respect of that vehicle or vehicle part approval requirements have been satisfied;

"Great Britain Regulations" means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984(8);

"Great Britain Regulations for Goods Vehicles" means the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982(9);

"Government or approved premises" means premises established or approved by the Secretary of State for Transport for the examination of vehicles or vehicle parts for the purposes of the national type approval scheme, or for the purpose of a Community Instrument or an ECE Regulation;

"motorcycle" has the same meaning as in the Motorcycles (Sound Level Measurement Certificates) Regulations 1980(10);

"national type approval scheme" means the scheme for the type approval of vehicles and vehicle parts provided for in the Great Britain Regulations and the Great Britain Regulations for Goods Vehicles;

"sound level measurement certificate" has the same meaning as in the Motorcycles (Sound Level Measurement Certificates) Regulations 1980;

"type approval certificate", "Minister's approval certificate" and "authorisation" include a modified or duplicate type approval certificate, Minister's approval certificate or authorisation as the case may be;

"Type Approval Regulations" means the Motor Vehicles (Type Approval) Regulations 1980(11).

(3) A reference in these Regulations to a vehicle in category L2 or L5 is a reference to a vehicle described respectively as L2 or L5 in ECE Regulation 13 of 29th May 1969 and a reference to a vehicle in category M1, M2, M3, N1, N2 or N3 is a reference to a vehicle described respectively as M1, M2, M3, N1, N2 or N3 in Council Directive 70/156/EEC of 6th February 1970(12) as amended.

Fees-basic scale for examinations of vehicles or parts of vehicles

4.-(1) In this regulation any reference to a numbered column is a reference to the column bearing that number in Part II of Schedule 1.

(2) Subject to the subsequent provisions of these Regulations, the fee prescribed as regards an approval requirement specified in relation to a fee number in column 1 is the fee specified in relation to that fee number in column 4.

(3) Part I of Schedule 1 contains an index to Part II of that Schedule.

(4) Where, in relation to an approval requirement specified in column 2, more than one type of examination or more than one type of vehicle or vehicle part is specified in column 3 in connection with that approval requirement, the fee prescribed as regards that approval requirement is that specified in column 4 opposite the examination, vehicle or vehicle part in question.

(5) (a) The fees specified in column 4(a) are hereby prescribed in a case where the examination is to be carried out on Government or approved premises by an officer of the Department of Transport or a person appointed by the Secretary of State to act on his behalf, and

(b)the fees specified in column 4(b) are hereby prescribed in a case where the examination is to be carried out at other premises under the supervision of an officer of the Department of Transport or a person appointed by the Secretary of State to act on his behalf.

(6) Schedule 6 shall have effect for the interpretation of-�

(a)certain expressions relating to Community Instruments and ECE Regulations, and

(b)certain abbreviations,

used in Schedule 1.

Fees-consecutive examinations

5. Where more than one vehicle or vehicle part of the same type but embodying minor variations are submitted by an applicant with a view to carrying out the examinations consecutively on each item, and the case is one where all the examinations can be carried out without setting up the examination apparatus again, the fee to be paid for the carrying out of each examination after the first one is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the work involved in carrying out such examination.

Fees-partial examinations

6.-(1) Where a certificate to which this paragraph applies has been issued in relation to a vehicle or vehicle part and in consequence of an alteration in the design specification of the vehicle or vehicle part, either-�

(a)a further examination of the vehicle or vehicle part is needed with a view to the issue of a modified or further certificate but the alteration is not so extensive as to require that the further examination shall be as complete and exhaustive as the original examination, or

(b)an applicant requires a modification of a certificate, but the alteration is not so extensive as to require a further examination of the vehicle or vehicle part and can be carried out on an examination of data supplied by the applicant,

the fee for such an examination is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate.

(2) Paragraph (1) applies to-�

(a)a sound level measurement certificate, or

(b)a type approval certificate, or an authorisation, in relation to

(i)a Community Instrument, or

(ii)an ECE Regulation; or

(c)a type approval certificate, or a Minister's approval certificate, in relation to the national type approval scheme.

(3) Where, in the case of any examination as is mentioned in regulation 4 or 5 or in paragraph (1):-�

(a)it has been found impossible to complete the examination satisfactorily, or

(b)the vehicle or vehicle part submitted for the examination does not satisfy completely the requirements of the examination,

and in consequence, a further, but partial, examination of the vehicle or vehicle part is required, the fee to be paid for such further examination is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the nature and extent of the further, but partial, examination.

(4) Where more than one vehicle or vehicle part of the same type but embodying minor variations are submitted by an applicant and it is unnecessary to submit each individual vehicle or vehicle part to a complete examination, the fee to be paid for the carrying out of the partial examination on a particular vehicle or vehicle part is such proportion of the fee prescribed in regulation 4 of as the Secretary of State considers to be appropriate in view of the nature and extent of the partial examination.

Fees-final examination of complete vehicle

7.-(1) The fee for the final examination of a vehicle to which the Great Britain Regulations apply with a view to the issue in respect of that vehicle of a document specified in column 1 of Schedule 2 where, before the examination takes place, type approval procedures have been carried out (whether in Great Britain or elsewhere) to ascertain that in respect of that vehicle all the approval requirements which-�

(a)are referred to in Schedule 1 to those Regulations,

(b)relate to particular parts or aspects of a vehicle, and

(c)are applicable to the vehicle

have been satisfied, is of the amount specified in column 3 of Schedule 2.

(2) The fee for the final examination of a vehicle to which the Great Britain Regulations for Goods Vehicles apply with a view to the issue in respect of that vehicle of a document specified in column 1 of Schedule 3 where, before the examination takes place, type approval procedures have been carried out (whether in Great Britain or elsewhere) to ascertain that in respect of that vehicle all the approval requirements which

(a)are referred to in Schedule 1 to those Regulations,

(b)relate to particular parts or aspects of a vehicle, and

(c)are applicable to the vehicle

have been satisfied, is of the amount specified in paragraph (3).

(3) The amount referred to in paragraph (2) is the amount shown in-�

(a)column 2(a) of Schedule 3 if the vehicle is in category L2, L5 or N1,

(b)column 2(b) of Schedule 3 if the vehicle is in category N2, and

(c)column 2(c) of Schedule 3 if the vehicle is in category N3.

(4) Where in the case of an examination of a complete vehicle mentioned in paragraphs (1) or (2) above:-�

(a)it has been found impossible to complete that examination satisfactorily, or

(b)the vehicle has been found not to comply in all aspects with the relevant approval requirements, or

(c)the vehicle is one which has been assembled in more than one stage by more than one manufacturer, or

(d)a type approval certificate or Minister's approval certificate has previously been issued in respect of the model of the vehicle but the vehicle incorporates certain changes in detail not covered by that certificate,

and in consequence a further, but partial examination, of the vehicle is required before the relevant document can properly be issued in respect of it, the fee for that partial examination shall be such proportion of the relevant sum specified in Schedule 2 or, as the case may be, Schedule 3 as the Secretary of State considers to be appropriate in view of the nature and extent of that partial examination.

Fees-avoidance of duplication

8. Where the examination of a vehicle or vehicle part for the purposes of a Community Instrument or ECE Regulation is carried out at the same time as the examination of that vehicle or vehicle part for the purposes of the national type approval scheme, then in so far as one and the same operation or series of operations serves for both examinations, the fee payable under these Regulations shall be the fee for only one examination.

Fees-issue of documents

9.-(1) The fee for the issue of a document of a type specified in column 1 of Schedule 4 (being a document relating to a vehicle part) is the fee of the amount specified in relation thereto in column 3 of Schedule 4.

(2) The fee for the issue of a document specified in column 1 of Part I of Schedule 5 (being a document relating to a vehicle to which the Great Britain Regulations apply) is the amount specified in relation thereto in column 3 of Part I of Schedule 5.

(3) The fee for the issue of a document specified in column 1 of Part II of Schedule 5 (being a document relating to a vehicle to which the Great Britain Regulations for Goods Vehicles apply) is the amount specified in relation thereto in column 3 of Part II of Schedule 5.

(4) The fee for the issue of a sound level measurement certificate is £40.

Fees-visits outside the United Kingdom

10.-(1) Where, in connection with an application for or the performance of the carrying out, or supervision by or on behalf of the Secretary of State, of an examination of a vehicle or vehicle part in relation to the issue of a type approval certificate or authorisation for the purpose of a Community Instrument, or ECE Regulation, or in relation to a type approval certificate or Minister's approval certificate for the purpose of the national type approval scheme, a visit to a place outside the United Kingdom is made, or is arranged to be made, by one or more persons acting for or on behalf of the Secretary of State, then in addition to the fee or fees prescribed by the regulations above, there shall be paid by the applicant on demand by or on behalf of the Secretary of State a further fee equal to the total of-�

(a)the travelling and subsistence expenses reasonably incurred or expected to be incurred otherwise than on land in the United Kingdom by each person so acting in relation to the application or examination (including expenses outstanding after the cancellation of any travelling or subsistence arrangements which result from the withdrawal of any such application), and

(b)the whole, or such proportion as the Secretary of State may determine is reasonably attributable to the application or examination, of a sum of £45 for each hour spent or expected to be spent by each person so acting whilst travelling otherwise than on land in the United Kingdom, wholly or partly in relation to the application or examination.

(2) If payments are made in accordance with paragraph (1) in respect of travelling and subsistence expenses expected to be incurred, or in respect of time expected to be spent in travelling, there shall be refunded to the applicant, in the event of the expectation not being fulfilled, any balance remaining of the payment in respect of the travelling and subsistence expenses which was expected to be incurred and the whole of the payment in respect of time which was expected to be spent in travelling.

Payment of fees

11.-(1) The fee for the carrying out or supervision of an examination of a vehicle or vehicle part in connection with the issue of a type approval certificate or authorisation, for the purpose of a Community Instrument, or ECE Regulation or in connection with the issue of a sound level measurement certificate shall be paid when the application is made for the issue of the type approval certificate, authorisation or sound level measurement certificate for the vehicle or vehicle part in question.

(2) The fee for the carrying out or supervision of an examination of a vehicle or vehicle part in connection with the issue of a type approval certificate or a Minister's approval certificate shall be paid when the applicant is notified by the Secretary of State in accordance with the provisions of the Great Britain Regulations, or the Great Britain Regulations for Goods Vehicles of the fee payable.

(3) The fee for the issue of a document specified in Schedule 4 or 5 shall be paid:-�

(a)in a case where the examination of a vehicle or vehicle part for which a fee is payable under these Regulations is required before the document is issued, when the applicant is notified of the result of the examination, and

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

Fees on withdrawals and cancellations

12.-(1) Subject to the provisions of regulation 13, if an applicant:-�

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

(b)does not submit the vehicle or vehicle part for the examination at the time and place fixed therefor,

he shall be liable to pay a cancellation fee to cover the abortive work involved in dealing with the application and making arrangements for the examination.

(2) In the case of an examination of a vehicle or vehicle part to which a fee specified in Schedule 1 applies-�

(a)if the Secretary of State is, not less than 7 days before the date fixed for the examination, notified of the withdrawal or of the intention not to submit the vehicle or vehicle part for the examination, the cancellation fee shall be £75;

(b)if the Secretary of State is not so notified within that period,

(i)where the fee is specified in column (a) of Schedule 1, the cancellation fee shall be a quarter of that fee plus any wasted expenses reasonably incurred by the Secretary of State in the provision of any facility for the particular examination, or

(ii)where the fee is specified in column (b) of Schedule 1, the cancellation fee shall be half of that fee or £165 whichever is the less.

(3) In the case of a further or partial examination of a vehicle or vehicle part in the circumstances described in regulation 6, the cancellation fee shall be such proportion of the fee as the Secretary of State considers to be appropriate.

(4) In the case of an examination of a vehicle to which a fee specified in Schedule 2 or Schedule 3 applies-�

(a)if the Secretary of State is, not less than 14 days before the date fixed for the examination, notified of the withdrawal or of the intention not to submit the vehicle for examination, the cancellation fee shall be £75;

(b)if the Secretary of State is not so notified within that period, the cancellation fee shall be £220.

(5) Any cancellation fee for which an applicant is liable in accordance with the foregoing provisions of this regulation shall be provided:-�

(a)in a case where the applicant has paid the fee prescribed by these Regulations for the examination in question, by the Secretary of State retaining the said cancellation fee from the fee which has been paid, or

(b)in any other case by the applicant paying the said cancellation fee to the Secretary of State within 14 days of the issue by the Secretary of State of a request for such payment.

Submission of alternative vehicle or vehicle part for examination

13. Where an applicant does not wish, or is unable, to submit the vehicle or vehicle part in respect of which the application was made, for examination at the time and place appointed, but is able to submit for examination at that time and place some other vehicle or vehicle part which can conveniently be fitted into the programme of examinations being carried out at that place and in respect of which he has made an application he shall be entitled, subject to any adjustment by way of refund or additional payment so as to secure that the appropriate fee is paid for the examination which actually takes place, to have the sum which he originally paid applied in payment of the fee for that examination without being liable to pay a cancellation fee under regulation 12(1), but in that event he shall pay the appropriate fee prescribed by these Regulations when applying for a new appointment for the examination which he originally sought.

Fees to be paid in relation to prescribed and notifiable alterations

14.-(1) The fee prescribed in the event of particulars of a prescribed alteration being sent to the Secretary of State in accordance with regulation 10 of the Great Britain Regulations for Goods Vehicles is-�

(a)if the vehicle is one in respect of which a certificate of conformity has been issued-�

(i)£20 if the vehicle is in category L2, L5, or N1,

(ii)£25 if the vehicle is in category N2 or N3;

(b)if the vehicle is one in respect of which a Minister's approval certificate has been issued-�

(i)£20 if the vehicle is in category L2, L5, or N1,

(ii)£25 if the vehicle is in category N2 or N3.

(2) The fee prescribed in respect of a notification made in accordance with a condition attached to a type approval certificate pursuant to section 48(1)(b) issued in respect of a vehicle to which the Great Britain Regulations for Goods Vehicles apply is-�

(a)£3 if the vehicle is in category L2, L5 or N1,

(b)£7 if the vehicle is in category N2 or N3.

(3) The fee prescribed in respect of a notification which is evidence of a kind mentioned in section 47(11) in respect of a vehicle to which the Great Britain Regulations for Goods Vehicles apply is-�

(a)£3 if the vehicle is in category L2, L5 or N1,

(b)£7 if the vehicle is in category N2 or N3.

Regulation 4

SCHEDULE 1

PART IIndex to the table of fees for the examination of vehicles or parts of vehicles set out in Part II.

PART IITABLE OF FEES FOR THE EXAMINATION OF VEHICLES OR PARTS OF VEHICLES

Regulation 7(1)

SCHEDULE 2FEES FOR THE FINAL EXAMINATION OF A COMPLETE VEHICLE TO WHICH THE GREAT BRITAIN REGULATIONS APPLY WITH A VIEW TO THE ISSUE OF CERTAIN DOCUMENTS

Regulation 7(2) and (3)

SCHEDULE 3FEES FOR THE FINAL EXAMINATION OF A COMPLETE VEHICLE TO WHICH THE GREAT BRITAIN REGULATIONS FOR GOODS VEHICLES APPLY WITH A VIEW TO THE ISSUE OF CERTAIN DOCUMENTS

Regulation 9(1)

SCHEDULE 4FEES FOR THE ISSUE OF DOCUMENTS IN RESPECT OF VEHICLE PARTS

Regulation 9(2) and (3)

SCHEDULE 5FEES FOR THE ISSUE OF DOCUMENTS IN RESPECT OF VEHICLES

PART IVEHICLES TO WHICH THE GREAT BRITAIN REGULATIONS APPLY

PART IIVEHICLES TO WHICH THE GREAT BRITAIN REGULATIONS FOR GOODS VEHICLES APPLY

Regulation 4(6)

SCHEDULE 6DEFINITIONS OF EXPRESSIONS USED IN SCHEDULE 1

PART I

References to Community Instruments

1.-(1) A reference in Schedule 1 to an expression shown in column 1 of Part II of this Schedule (all of which begin with the word "Directive") shall be read as follows.

(2) If a single Council or Commission Directive is shown in column 2 of that Part against the expression, the reference shall be read as a reference to that Directive, details of which are shown in columns 3 and 4.

(3) If more than one Council or Commission Directive is shown in column 2 of that Part against the expression, the reference shall be read as a reference to the first Directive as amended by the other Directive or Directives so shown.

(4) "(CL)" after a Directive shown in column 2 indicates that the Directive is a Council Directive and "(CM)" after a Directive indicates that the Directive is a Commission Directive.

2. A reference in Schedule 1 to the expression shown in column 1 of Part III of this Schedule shall be read as a reference to the first Council Regulation shown in column 2, as amended by the other Council Regulations details of which are shown in columns 3 and 4.

References to ECE Regulations

3.-(1) A reference in Schedule 1 to an ECE Regulation followed by a number shall be read as follows.

(2) In a case where the number comprised in the reference consists on one or two digits, the reference shall be read as a reference to the ECE Regulation of that number.

(3) In the case of the reference "ECE Regulation 8.04", the reference shall be read as a reference to ECE Regulation 8 as amended by Amending Series 8.01, 8.02, 8.03 and 8.04; and all other references to an ECE Regulation comprising a number in the form "x.yz" or "wx.yz" shall be construed accordingly.

(4) Column (1) of Part IV of this Schedule lists the relevant ECE Regulations and their Amending Series and column (2) gives the dates of those instruments.

(5) "ECE Regulation" is defined in regulation 3(2).

Other Expressions

4. In Schedule 1-�

"G.B. Regs" is an abbreviation for the Great Britain Regulations as defined in regulation 2;

"G.B. Regs for Goods Vehicles" is an abbreviation for Great Britain Regulations for Goods Vehicles as defined in regulation 3.

PART IIREFERENCES TO COUNCIL AND COMMUNITY INSTRUMENTS

PART IIIREFERENCES TO COMMUNITY REGULATIONS

PART IVREFERENCES TO ECE REGULATIONS

SCHEDULE 7REGULATIONS REVOKED BY REGULATION 2

Explanatory Note

(This note does not form part of the Regulations)

1. These Regulations consolidate with modifications the provisions of the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1984.

2. The Regulations prescribe the fees payable for the examination of vehicles and vehicle parts, the examination of complete vehicles and the issue of documents in connection with:-�

(1) the type approval of vehicles and vehicle parts and the authorisation of the application of approval marks to vehicles and vehicle parts for the purposes of Community Instruments or ECE Regulations, and

(2) the national scheme for the type approval of vehicles and vehicle parts established under sections 47 to 52 of the Road Traffic Act 1972 (as amended by the Road Traffic Act 1974) and the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 (S.I. 1984/981) and the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 (S.I. 1982/1271).

3. The main changes of substance are as follows:-�

(1) in Schedule 1, the order of items has been revised so that fees are now grouped in related subject matter order (a consequence of which is the revision of previous fee numbers);

(2) as a result of new and amending Community Instruments and ECE Regulations certain new fees relating to halogen headlamps, direction indicators, seats (their anchorages and head restraints), front fog lamps, diesel engine smoke, speedometers and reverse gear, headlamp cleaners, diesel engine exhaust emissions, special warning lamps, PSV rollover, rear-view mirrors, motorcycle noise, petrol engine exhaust emissions, braking, engine power, child restraints and forward field of vision have been added;

(3) as a result of new and amending Community Instruments, and ECE Regulations relating to protective steering, braking, anti-theft devices, interior fittings, head restraints, tyres and filament lamps consequential amendments have been incorporated without there being any alteration to the fees;

(4) the fee charged to test the sound level of motorcycles has been moved from the text of the previous Regulations to Schedule 1;

(5) in Schedule 3 the fees for complete examinations carried out on N3 category vehicles have been revised and are now based on the number of axles; and

(6) in Schedule 5 the fees charged for updated certificates are amalgamated with the fees charged for the issue of the original certificate.

(7) the former provisions relating to refunds have not been re-enacted.

4. Copies of the ECE Regulations and Community Instruments referred to in these Regulations may be obtained from Her Majesty's Stationery Office.