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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Motor Vehicles (Tests) (Amendment) (No. 4) Regulations 1991 No. 2229 URL: http://www.bailii.org/uk/legis/num_reg/1991/uksi_19912229_en.html |
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Statutory Instruments
ROAD TRAFFIC
Made
7th October 1991
Laid before Parliament
10th October 1991
Coming into force
for the purposes of regulations 9 and 10
1st January 1992
for the purposes of regulation 11
1st January 1993
for all other purposes
1st November 1991
The Secretary of State for Transport, in exercise of the powers conferred by sections 45 and 46 of the Road Traffic Act 1988(1) and by the Department of Transport (Fees) Order 1988(2), and of all other enabling powers, and after consultation with representative organisations in accordance with section 195(2) of the Act, hereby makes the following Regulations:-
1. These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No. 4) Regulations 1991 and shall come into force-
(a)for the purposes of regulations 9 and 10 on 1st January 1992;
(b)for the purposes of regulation 11 on 1st January 1993;
(c)for all other purposes, on 1st November 1991.
2. Introduction
The Motor Vehicles (Tests) Regulations 1981(3) shall be further amended in accordance with the provisions of these Regulations.
3. In regulation 11(1)(a) there shall be omitted the words ", inspection reports, inspection cards".
4. In regulation 13-
(a)the word "and" immediately following paragraph (d) shall be omitted;
(b)after paragraph (e) there shall be added the word "and"; and
(c)at the end there shall be added-
"(f)in the case of a Class VI vehicle-
(i)the vehicle is not submitted for examination at the time and date fixed for the examination; or
(ii)the driver of the vehicle is requested to remain in it or its vicinity throughout the examination, to drive it, to operate its controls, to remove or refit its panels or to open or close its doors and he declines to do so.".
5. In regulation 15-
(a)in paragraph (1)(b) there shall be inserted after "test certificate" the word "stating the grounds thereof"; and
(b)in paragraph (3)-
(i)in sub-paragraph (a) the words from "and shall contain" to the end shall be omitted; and
(ii)in sub-paragraph (b) the words from "and shall contain" to the end shall be omitted.
6. In regulation 18(6)(a) for the words "and contain the same particulars as are appropriate" there shall be substituted "as is appropriate".
7. In regulation 20-
(a)in paragraph (5) ", (3)(b)" shall be omitted; and
(b)in paragraph (7) for sub-paragraphs (a) and (b) there shall be substituted-
"(a)the vehicle is re-examined before the end of the next day following an earlier examination of it being a day on which the Secretary of State will accept vehicles for examinination;
(b)the person who re-examines the vehicle on behalf of the Secretary of State was already at the premises at which the re-examination occurs for the purpose of carrying out an examination on another vehicle;".
8. In regulation 23-
(a)in paragraph (1)(b)-
(i)for "the Goods Vehicle Centre (PSV Section)" there shall be substituted "the PSV Centre"; and
(ii)at the end there shall be added "or at any goods vehicle testing station"; and
(b)in paragraph (2) in the proviso-
(i)the words "either the serial number of the original certificate or" shall be omitted; and
(ii)for "paragraph (1)(d)" there shall be substituted "paragraph (1)(a)(iv)".
9. For regulation 4(2) there shall be substituted-
"(2) The prescribed statutory requirements for the purposes of section 45(1) of the Road Traffic Act 1988 are in relation to any vehicle in a Class specified in an item in column 2 of the Table the requirements specified in that item in column 3 of the Table, and in these Regulations those requirements are referred to as "the prescribed statutory requirements".
| (1) Item | (2) Class | (3) Requirements |
|---|---|---|
| 1 | I and II | Paragraph 1 of Schedule 2 |
| 2 | III | Paragraph 2 of Schedule 2 |
| 3 | IV | Paragraph 3 of Schedule 2 |
| 4 | V | Paragraph 4 of Schedule 2 |
| 5 | VI | Paragraph 5 of Schedule 2 |
| 6 | VII | Paragraph 6 of Schedule 2" |
10. For Schedule 2 there shall be substituted the Schedule set out in Schedule 1 to these Regulations.
11. For Schedule 2 as substituted by regulation 10 above there shall be substituted the Schedule set out in Schedule 2 to these Regulations.
Signed by the authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
7th October 1991
Regulation 10
1.-(a) The requirements contained in the following provisions of the Construction and Use Regulations:-
| Item No. | Regulations | Affecting |
|---|---|---|
| 1 | 16 and 18 | Braking |
| 2 | 24, 26, 27 and 100(1) (insofar as it relates to the condition of the road wheels) | Wheels and Tyres |
| 3 | 29 | Steering |
| 4 | 37 | Audible Warning Instrument |
| 5 | 54, 57 and 100(1) (insofar as it relates to the condition of the pipings, attachment brackets and mounting of the exhaust system) | Exhaust |
| 6 | 100(1) (insofar as it relates to the condition of the vehicle structure, the chassis, frame and any subframe or any mounting or connection or part of the suspension, to the extent that such condition may prejudice the steering or braking of the vehicle) | Structure and Suspension |
(b)The requirements contained in the following provisions of the Lighting Regulations:-
| Item No. | Regulations | Affecting |
|---|---|---|
| 7 | 18 and 23 | Front Position Lamp |
| 8 | 18 and 23 | Dipped Beam Headlamp |
| 9 | 18 and 23 | Main Beam Headlamp |
| 10 | 18 and 23 | Rear Position Lamp |
| 11 | 18 and 23 | Rear Retro Reflector |
| 12 | 18 and 23 | Stop Lamp |
| 13 | 18 and 23 | Direction Indicator |
2.-(a) The requirements specified in items 2, 3, 4 and 7 to 13 in paragraph 1 above.
(b)The requirements contained in the following provisions of the Construction and Use Regulations:-
| Item No. | Regulations | Affecting |
|---|---|---|
| 14 | 15, 16 and 18 | Braking |
| 15 | 22 and 100(1) (insofar as it relates to the condition of the vehicle structure, the chassis, frame and any subframe or any mounting or connection or part of the suspension, to the extent that such condition may prejudice the steering, braking or seat belt mountings of the vehicle) | Structure and Suspension |
| 16 | 34 | Windscreen Cleaning |
| 17 | 46, 47 and 48 | Seat Belts and Anchorages |
| 18 | 54 and 100(1) (insofar as it relates to the condition of the pipings, attachment brackets and mounting of the exhaust system) | Exhaust |
3.-(a) The requirements specified in items 3, 4, 5 and 7 to 18 in paragraphs 1 and 2 above.
(b)The requirements contained in the following provision of the Construction and Use Regulations:-
| Item No. | Regulations | Affecting |
|---|---|---|
| 19 | 61 | Emissions |
4.-(a) The requirements specified in items 2, 3, 4, 7 to 13 and 15 to 19 in paragraphs 1 and 2 above.
(b)The requirements contained in the following provisions of the Construction and Use Regulations:-
| Item No. | Regulations | Affecting | |
|---|---|---|---|
| 20 | 15, | 16, 17 and 18 | Braking |
| 21 | 30, 31 and 32 | Glass and Field of Vision | |
| 22 | 33 | Mirrors | |
| 23 | 35 and 36 | Speedometer | |
| 24 | 36A and 70A | Speed Limiter | |
| 25 | 39 and 100(1) (insofar as it relates to the security and condition of the fuel system components or, as the case may be, their maintenance so that no danger is likely to be caused) | Fuel Tanks and Pipes | |
| 26 | 100(1) (insofar as it relates to the question whether the particulars opposite are fitted or, as the case may be, maintained so that no danger is likely to be caused) | Seats, driving controls, body, doors and other openings |
(c)The requirements contained in the following provisions of the Lighting Regulations:-
| Item No. | Regulations | Affecting |
|---|---|---|
| 27 | 18 and 23 | Rear Registration Plate Lamp |
| 28 | 18 and 23 | Rear Fog Lamp |
| 29 | 18 and 23 | Hazard Warning Signal Device |
5.-(a) The requirements specified in items 2, 3, 4, 7 to 13, 15 to 26, 28 and 29 in paragraphs 1 to 4 above.
(b)The requirements contained in the following provisions of the Construction and Use Regulations:-
| Item No. | Regulations | Affecting |
|---|---|---|
| 30 | 25 | Tyre Load Capacity |
| 31 | 60 | Radio Interference Suppression |
| 32 | 62 | Closets, etc |
| 33 | 100(1) (insofar as it relates to the question whether the particulars opposite are fitted or, as the case may be, maintained so that no danger is likely to be caused) | Spare wheel carrier, means of coupling trailers, chassis, wiring, engine mounting, transmission, battery, shock absorbers, bumpers, doors, seats, driving controls, windows and mirrors |
| 34 | 109 | Television sets |
(c)For those vehicles certified in accordance with the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981,(4) the requirements contained in the following provisions of those Regulations:-
| Item No. | Regulations | Affecting |
|---|---|---|
| 35 | 8 | Guard Rail |
| 36 | 13 | Fuel Tanks, Carburettors, etc |
| 37 | 14 | Exhaust Pipe |
| 38 | 15 | Luggage Racks |
| 39 | 16 | Artificial Lighting |
| 40 | 17 | Electrical Equipment |
| 41 | 18 | Body |
| 42 | 20 | Steps, Platforms and Stairs |
| 43 | 21 | Number, Position and Size of Entrances and Exits |
| 44 | 22 | Width of Exits and Entrances |
| 45 | 23 | Doors |
| 46 | 24 | Marking, Positioning and Operation of Emergency Exits |
| 47 | 25 | Access to Exits |
| 48 | 28 | Seats |
| 49 | 29 | Passenger Protection |
| 50 | 30 | Ventilation |
| 51 | 31 | Driver's Accommodation |
| 52 | 32 | Windscreens |
| 53 | 33 | Passengers' Communication with Driver |
| 54 | 34 | General Construction |
| 55 | 35 | Fire Extinguishing Apparatus |
| 56 | 36 | First Aid Equipment |
| 57 | 38 | Obstruction of Driver |
| 58 | 39 | Body Maintenance |
| 59 | 44 | Carriage of Inflammable or Dangerous Substances |
(d)For minibuses of a type mentioned in regulation 41 of the Construction and Use Regulations, the following requirements specified in Schedules 6 and 7 to those Regulations:-
| Item No. | (Schedule 6) | Affecting |
|---|---|---|
| 60 | 1 | Exhaust Pipes |
| 61 | 2 | Doors |
| 62 | 3 | Emergency Doors |
| 63 | 4 | Power-operated Doors |
| 64 | 5 | Locks, Handles and Hinges of Doors |
| 65 | 6 | View of Doors |
| 66 | 7 | Access to Doors |
| 67 | 8 | Grab Handles and Hand Rails |
| 68 | 9 | Seats |
| 69 | 10 | Electrical Equipment and Wiring |
| 70 | 11 | Fuel Tanks |
| 71 | 12 | Lighting of Steps |
| 72 | 13 | General Construction and Maintenance |
| Item No. | (Schedule 7) | Affecting |
|---|---|---|
| 73 | I | Fire Extinguishing Apparatus |
| 74 | II | First Aid Equipment |
(e)The requirements contained in the following provisions of the Lighting Regulations:-
| Item No. | Regulations | Affecting |
|---|---|---|
| 75 | 18 and 23 | End Outline Marker Lamp |
(f)The requirements of the Community Recording Equipment Regulation insofar as they relate to the installation of recording equipment and the seals to be affixed to such equipment.
6. The requirements specified in items 2, 3, 4, 7 to 13, 15 to 19, 20 and 30 in paragraphs 1 to 5 above.".
Regulation 11
1.-(a) The requirements contained in the following provisions of the Construction and Use Regulations:-
| Item No. | Regulations | Affecting |
|---|---|---|
| 1 | 16 and 18 | Braking |
| 2 | 24, 26, 27 and 100(1) (insofar as it relates to the condition of the road wheels) | Wheels and Tyres |
| 3 | 29 | Steering |
| 4 | 37 | Audible Warning Instrument |
| 5 | 54, 57 and 100(1) (insofar as it relates to the condition of the pipings, attachment brackets and mounting of the exhaust system) | Exhaust |
| 6 | 100(1) (insofar as it relates to the condition of the vehicle structure, the chassis, frame and any subframe or any mounting or connection or part of the suspension, to the extent that such condition may prejudice the steering or braking of the vehicle) | Structure and Suspension |
(b)The requirements contained in the following provisions of the Lighting Regulations:-
| Item No. | Regulations | Affecting | |
|---|---|---|---|
| 7 | 18 and 23 | Front Position Lamp | |
| 8 | 18 and 23 | Dipped Beam Headlamp | |
| 9 | 18 and 23 | Main Beam Headlamp | |
| 10 | 18 and 23 | Rear Position Lamp | |
| 11 | 18 and 23 | Rear Retro Reflector | |
| 12 | 18 and 23 | Stop Lamp | |
| 13 | 18 and 23 | Direction Indicator |
2.-(a) The requirements specified in items 2, 3, 4 and 7 to 13 in paragraph 1 above.
(b)The requirements contained in the following provisions of the Construction and Use Regulations:-
| Item No. | Regulations | Affecting |
|---|---|---|
| 14 | 15, 16 and 18 | Braking |
| 15 | 30 | Glass and Field of Vision |
| 16 | 33 | Mirrors |
| 17 | 34 | Windscreen Cleaning |
| 18 | 39 and 100(1) (insofar as it relates to the security and condition of the fuel system components or, as the case may be, their maintenance so that no danger is likely to be caused) | Fuel Tanks and Pipes |
| 19 | 46, 47 and 48 | Seat Belts and Anchorages |
| 20 | 54 and 100(1) (insofar as it relates to the condition of the pipings, attachment brackets and mounting of the exhaust system) | Exhaust |
| 21 | 67 | Vehicle Identification Number |
| 22 | 22 and 100(1) (insofar as it relates to the condition of the vehicle structure, the body, the chassis, frame and any subframe or any mounting or connection or part of the suspension, to the extent that such condition may prejudice the steering, braking or seat belt mounting of the vehicle or may otherwise cause danger) | Structure and Suspension |
| 23 | 100(1) (insofar as it relates to the condition of seats, doors and other openings, to the extent that such condition may cause danger) | Seats, Doors and Other Openings |
(c)The requirements contained in the following provisions of the Lighting Regulations:-
| Item No. | Regulations | Affecting |
|---|---|---|
| 24 | 18 and 23 | Rear Registration Plate Lamp |
| 25 | 18 and 23 | Rear Fog Lamp |
| 26 | 18 and 23 | Hazard Warning Signal Device |
(d)The requirements contained in the following provisions of the Road Vehicles (Registration and Licensing) Regulations 1971(5):-
| Item No. | Regulations | Affecting |
|---|---|---|
| 27 | 18, 19 and 20 | Registration Marks |
3.-(a) The requirements specified in items 2, 3, 4 and 7 to 27 in paragraphs 1 and 2 above.
(b)The requirements contained in the following provision of the Construction and Use Regulations:-
| Item No. | Regulations | Affecting |
|---|---|---|
| 28 | 61 | Emissions |
4.-(a) The requirements specified in items 2, 3, 4, 7 to 13, 16 to 22 and 24 to 26 in paragraphs 1 and 2 above.
(b)The requirements contained in the following provisions of the Construction and Use Regulations:-
| Item No. | Regulations | Affecting |
|---|---|---|
| 29 | 15, 16, 17 and 18 | Braking |
| 30 | 30, 31 and 32 | Glass and Field of Vision |
| 31 | 35 and 36 | Speedometer |
| 32 | 36A and 70A | Speed Limiter |
| 33 | 100(1) (insofar as it relates to the question whether the particulars opposite are fitted or, as the case may be, maintained so that no danger is likely to be caused) | Seats, driving controls, body, doors and other openings |
5.-(a) The requirements specified in items 2, 3, 4, 7 to 13, 16 to 20, 22, 25, 26 and 28 to 33 in paragraphs 1 to 4 above.
(b)The requirements contained in the following provisions of the Construction and Use Regulations:-
| Item No. | Regulations | Affecting |
|---|---|---|
| 34 | 25 | Tyre Load Capacity |
| 35 | 60 | Radio Interference Suppression |
| 36 | 62 | Closets, etc |
| 37 | 100(1) (insofar as it relates to the question whether the particulars opposite are fitted or, as the case may be, maintained so that no danger is likely to be caused) | Spare wheel carrier, means of coupling trailers, chassis, wiring, engine mounting, transmission, battery, shock absorbers, bumpers, doors, seats, driving controls and security of glass in windows and mirrors |
| 38 | 109 | Television sets |
(c)For those vehicles certified in accordance with the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981,(6) the requirements contained in the following provisions of those Regulations:-
| Item No. | Regulations | Affecting | ||||
|---|---|---|---|---|---|---|
| 39 | 8 | Guard Rail | ||||
| 40 | 13 | Fuel Tanks, Carburettors, etc | ||||
| 41 | 14 | Exhaust Pipe | ||||
| 42 | 15 | Luggage Racks | ||||
| 43 | 16 | Artificial Lighting | ||||
| 44 | 17 | Electrical Equipment | ||||
| 45 | 18 | Body | ||||
| 46 | 20 | Steps, Platforms and Stairs | ||||
| 47 | 21 | Number, Position and Size of Entrances and Exits | ||||
| 48 | 22 | Width of Exits and Entrances | ||||
| 49 | 23 | Doors | ||||
| 50 | 24 | Marking, Positioning and Operation of Emergency Exits | ||||
| 51 | 25 | Access to Exits | ||||
| 52 | 28 | Seats | ||||
| 53 | 29 | Passenger Protection | ||||
| 54 | 30 | Ventilation | ||||
| 55 | 31 | Driver's Accommodation | ||||
| 56 | 32 | Windscreens | 57 | 33 | Passengers' Communication with Driver | |
| 58 | 34 | General Construction | ||||
| 59 | 35 | Fire Extinguishing Apparatus | ||||
| 60 | 36 | First Aid Equipment | ||||
| 61 | 38 | Obstruction of Driver | ||||
| 62 | 39 | Body Maintenance | ||||
| 63 | 44 | Carriage of Inflammable or Dangerous Substances |
(d)For minibuses of a type mentioned in regulation 41 of the Construction and Use Regulations, the following requirements specified in Schedules 6 and 7 to those Regulations:-
| Item No. | (Schedule 6) | Affecting |
|---|---|---|
| 64 | 1 | Exhaust Pipes |
| 65 | 2 | Doors |
| 66 | 3 | Emergency Doors |
| 67 | 4 | Power-operated Doors |
| 68 | 5 | Locks, Handles and Hinges of Doors |
| 69 | 6 | View of Doors |
| 70 | 7 | Access to Doors |
| 71 | 8 | Grab Handles and Hand Rails |
| 72 | 9 | Seats |
| 73 | 10 | Electrical Equipment and Wiring |
| 74 | 11 | Fuel Tanks |
| 75 | 12 | Lighting of Steps |
| 76 | 13 | General Construction and Maintenance |
| Item No. | (Schedule 7) | Affecting |
|---|---|---|
| 77 | I | Fire Extinguishing Apparatus |
| 78 | II | First Aid Equipment |
(e)The requirements contained in the following provisions of the Lighting Regulations:-
| Item No. | Regulations | Affecting |
|---|---|---|
| 79 | 18 and 23 | End Outline Marker Lamp |
(f)The requirements of the Community Recording Equipment Regulation insofar as they relate to the installation of recording equipment and the seals to be affixed to such equipment.
6. The requirements specified in items 2, 3, 4, 7 to 27 and 34 in paragraphs 1 to 5 above.".
(This note is not part of the Regulations)
These Regulations further amend the Motor Vehicles (Tests) Regulations 1981 ("the 1981 Regulations") as follows.
1. The 1981 Regulations no longer provide for the particulars to be contained in test certificates and notices of refusal of a test certificate.
2. Examiners, inspectors appointed by a designated council or the Secretary of State are under no obligation to carry out examinations of a Class VI vehicle (a public service vehicle other than such vehicles in Class V) where-
(a)the vehicle is not submitted for examination at the time and date appointed; or
(b)the driver is asked to remain in the vehicle or its vicinity, to dive it, to operate its controls, to remove or refit its panels or to open or close its doors, and he declines to do so.
3. The circumstances when the fee for the re-examination of a vehicle in Class VI is not payable are amended. The vehicle must be re-examined before the end of the next day following an earlier examination of it being a day on which the Secretary of State will accept vehicles for examination, and the person who re-examines the vehicle was already at the premises concerned for the purpose of carrying out another examination.
4. Applications for duplicate test certificates for Class VI vehicles may now be made to the Secretary of State at any goods vehicle testing station.
5. Other minor amendments are made.
6. A new Schedule 2 (the prescribed statutory requirements for tests) is substituted. The new Schedule specifies separately (except for Classes I and II: motor bicycles) the requirements for each Class of vehicle. This is primarily because new items have been added to the Class V requirements. Class V consists of "large passenger-carrying vehicles", particular public service vehicles and play buses.
7. The version of Schedule 2 which is substituted on 1st January 1992 is substitutedby a further version. This is because of changes to the requirements for the Class IV and VII tests. Class IV vehicles are "motor cars" and "heavy motor cars" not being vehicles in Classes III, V, VI or VII. Class VII vehicles are goods vehicles of which the design gross weight is more than 3000 kilograms but does not exceed 3500 kilograms.The changes give effect to Council Directive 88/449/EEC (OJ No. L222, 26.7.1988, p.10) and 91/238/EEC (OJ No. L178, 6.7.91, p.29) which amended Council Directive 77/143/EEC (OJ No. L47, 18.2.1977, p.47) on the approximation of the Laws of the Member States Relating to Roadworthiness Tests for Motor Vehicles and their Trailers. Copies of these Directives can be obtained from Her Majesty's Stationery Office.
