Citation and commencement

1.-(1) These Regulations may be cited as the Road Vehicles (Testing) (Miscellaneous Amendments) Regulations 2013.

(2) These Regulations come into force on 20th March 2013.

PART 1

Amendment of Regulations

2. The Road Vehicles (Construction and Use) Regulations 1986(6) are amended in accordance with the provisions of this Part of these Regulations.

Maintenance and efficiency of brakes

3.-(1) Table I in regulation 18(3) is amended as follows.

(2) In column 2 of item 1, after "A vehicle", insert ", not included in item 1A,".

(3) After item 1, insert-

Duty to Review

4. After regulation 18, insert-

"Review of regulation 18

18A.-(1) The Secretary of State must-

(a)conduct a review of the operation and effect of those provisions of regulation 18 that relate to the efficiency of brakes;

(b)set out the conclusions of the review in a report; and

(c)publish a report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how, insofar as it relates to braking efficiencies, Directive 2009/40/EC(7) is implemented in other member States of the EU.

(3) The report must in particular-

(a)set out the objectives intended to be achieved by those provisions of regulation 18 that relate to the efficiency of brakes;

(b)assess the extent to which those objectives are achieved; and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before 20th March 2018.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.".

PART 2

Amendment of Regulations

5. The Goods Vehicles (Plating and Testing) Regulations 1988(8) are amended in accordance with the provisions of this Part of these Regulations.

Fees for re-tests

6. In regulation 16(6)(c)(iii), for "paragraph 3" substitute "paragraphs 3, 3A and 3B".

Schedule 3 (The Prescribed Construction and Use Requirements)

7. In Schedule 3, Part I, after paragraph 3, insert-

"3A. The requirements contained in regulations 5, 6, 7, 9 to 11, and 13 to 15 of the Road Vehicles (Display of Registration Marks) Regulations 2001(9).

3B. The registration mark displayed on the vehicle is in accordance with the records held for that vehicle by the Secretary of State.".

8.-(1) In Schedule 3, Part II, in paragraph 4-

(a)for "battery", substitute "battery, including its ventilation and any connected switches or fuses"; and

(b)after "load securing devices" add-

";

• electrical connections between a vehicle and its trailer;

• the supplementary restraint system, including safety belt pre-tensioners, safety belt load limiters and air bags;

• the electronic stability control".

Duty to Review

9. After regulation 42A, insert-

"Review of the prescribed requirements for tests

42B.-(1) The Secretary of State must-

(a)conduct a review of the operation and effect of the prescribed construction and use requirements in Schedule 3;

(b)set out the conclusions of the review in a report; and

(c)publish a report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how, insofar as it relates to the prescribed construction and use requirements, Directive 2009/40/EC(10) is implemented in other member States of the EU.

(3) The report must in particular-

(a)set out the objectives intended to be achieved by the prescribed construction and use requirements in Schedule 3;

(b)assess the extent to which those objectives are achieved; and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before 20th March 2018.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.".

PART 3

Amendment of Regulations

10. The Motor Vehicles (Tests) Regulations 1981(11) are amended in accordance with the provisions of this Part of these Regulations.

Fees for examinations

11. In regulation 20(3A)(b)-

(a)after "audible warning instruments;", insert "batteries;"; and

(b)after "doors and other openings;", insert "electrical wiring;".

Schedule 2 (The Prescribed Statutory Requirements)

12.-(1) In Schedule 2, paragraph 2, after sub-paragraph (d), insert-

"(e)The registration mark displayed on the vehicle is in accordance with the records held for that vehicle by the Secretary of State.".

(2) In the table in paragraph 3(b), after item 28, insert-

(3) In paragraph 3A(a), for "28" substitute "28XE".

(4) In paragraph 4(a), for "28 in paragraphs 1 and 2 above" substitute "28XE in paragraphs 1 to 3 above".

(5) In paragraph 5(a), after "26,", insert "27,".

(6) In paragraph 5A(a), after "26,", insert "27,".

Duty to Review

13. After regulation 30, insert-

"Review of the prescribed requirements for tests

31.-(1) The Secretary of State must-

(a)conduct a review of the operation and effect of the prescribed statutory requirements in Schedule 2;

(b)set out the conclusions of the review in a report; and

(c)publish a report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how, insofar as it relates the prescribed statutory requirements, Directive 2009/40/EC(12) is implemented in other member States of the EU.

(3) The report must in particular-

(a)set out the objectives intended to be achieved by the prescribed construction and use requirements;

(b)assess the extent to which those objectives are achieved; and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before 20th March 2018.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (Tests) Regulations 1981 ("the 1981 Regulations"), the Road Vehicles (Construction and Use) Regulations 1986 ("the 1986 Regulations") and the Goods Vehicles (Plating and Testing) Regulations 1988 ("the 1988 Regulations") in order to implement Directive 2010/48/EU of the European Parliament and of the Council of 5 July 2010 on roadworthiness tests for motor vehicles and their trailers ("the 2010 Directive"). The 2010 Directive imposes some additional requirements to be included in annual roadworthiness tests in Great Britain.

Regulation 3

Regulation 4

Regulations 6 and 7

Regulation 8

Regulation 9

Regulation 11

Regulation 12

IV

VI

Regulation 13

An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector and a transposition note setting out how these Regulations transpose the provisions of Directive 2010/48/EU are available from the Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR and are annexed to the Explanatory Memorandum which is available alongside this instrument on the website, www.legislation.gov.uk.

A copy of Directive 2010/48/EU may be downloaded without charge from EURLEX, the European Law website (http://eur-lex.europa.eu/en/index.htm).