OpenLegislation

Regulation 8 Conditions of acceptance of vehicle.I1

England, Wales and Scotland

F1(1)

In this regulation, “examiner” means—

(a)

in relation to an examination not being an examination for the purposes of an appeal against a determination under these Regulations, a vehicle examiner; or

(b)

in relation to an examination for the purposes of an appeal against a determination under these Regulations, the appeal officer.

C1(2)

An examiner shall not be under an obligation to accept a vehicle for examination or to proceed with an examination in any case where—

(a)

the vehicle is not submitted for examination at the time fixed under these Regulations for the examination;

(b)

the applicant for the examination does not, after being requested to do so, produce the notice of appointment (if any) relating to the examination and— i(i) in the case of a motor vehicle, either the registration document relating to the vehicle or other evidence of the date of its first registration or, in the case of a motor vehicle not registered before the date of the examination, evidence of the date of its manufacture; or (ii) in the case of a trailer, evidence of the date of its manufacture;

(c)

the fee in respect of that examination has not been paid and is not tendered in cash;

(d)

the particulars relating to the vehicle and shown in any application form relevant to that examination are found to be substantially incorrect;

(e)

the vehicle is one as respects which it has been stated in the application form that it is to be used on roads to draw a trailer and in the last notice of appointment preceding the examination it was required that the vehicle should be accompanied by a trailer which is to be so drawn, and the vehicle is not accompanied by such a trailer;

(f)

the vehicle is a trailer and is not accompanied by a motor vehicle suitable for drawing that trailer and capable of operating any braking system with which the trailer is equipped;

(g)

there is not permanently affixed to the chassis or main structure of the vehicle in a conspicuous and easily accessible position so as to be readily legible either—

(i)

the chassis or serial number shown in the registration document relating to the vehicle; or

(ii)

if no such number is shown or exists, the identification mark allotted to the vehicle by the Secretary of State;

(h)

the vehicle, or any motor vehicle by which it is accompanied, or any part of or any equipment of the vehicle is so dirty or dangerous as to make it unreasonable for the examination to be carried out in accordance with these Regulations or F2with any directions given under F3section 52(1) of the 1988 Act, or the applicant for the examination does not produce any certificate required in the last notice of appointment preceding the examination, that a vehicle used for carrying toxic, corrosive or inflammable loads has been properly cleaned or otherwise made safe;

(i)

an examiner is not able to complete the examination without the vehicle or, in the case of a trailer the motor vehicle by which it is accompanied being driven and such vehicle or, as the case may be, accompanying vehicle is not provided with fuel and oil to enable it to be driven to such extent as may be necessary for the purpose of the examination;

(j)

an examiner is not able to complete the examination of a trailer unless the motor vehicle by which it is accompanied is driven on a road, and that motor vehicle cannot be so driven in compliance with section 8 of the 1971 Act because no licence under that Act is in force for such vehicle;

(k)

the vehicle or any trailer by which it is accompanied is not loaded or unloaded in the manner (if any) specified for the purposes of the examination F4... in the last notice of appointment preceding the examination F5or as otherwise notified in writing by the Secretary of State ...;

(l)

an examiner is not able to complete the examination due to the failure of a part of the vehicle, or of any vehicle by which it is drawn or intended to be drawn, which renders the vehicle, or any such accompanying vehicle incapable of being moved in safety under the power of the vehicle or, as the case may be, the accompanying vehicle;

(m)

on the submission of a vehicle for a periodical test, or a re-test following a periodical test the driver of the vehicle or, in the case of a trailer, the driver of the vehicle which accompanies it, does not produce to an examiner the last plating certificate (or a photocopy of it) and the last goods vehicle test certificate (or a photocopy of it) which have been issued in respect of the vehicle submitted; F6...

F7(n)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(o)

on the submission of the vehicle for a periodical test or a re-test following a periodical test, the Ministry plate issued in respect of the vehicle—

(i)

is not affixed in accordance with regulation 70(1) of the Construction and Use Regulations; or

(ii)

contains particulars which do not correspond to the vehicle to which it is affixed F9F10...

(p)

the vehicle or any motor vehicle by which it is accompanied emits substantial quantities of avoidable smoke F11; F12...

(q)

the vehicle is a vehicle propelled by a compression ignition engine to which regulation 61(10BA) of the Construction and Use Regulations applies and the exhaust system has been so altered that the examiner is not able, with the facilities and apparatus available to him at the place at which the examination would otherwise be carried out, to determine whether Part II of Schedule 7B to those Regulations F13applies to the vehicle; or

F14(r)

an examiner is not able to open and examine recording equipment fitted to the vehicle in accordance with the Community Recording Equipment Regulation.

Annotations

Textual amendments

F1

Reg. 8(1) substituted (5.3.1997) by The Goods Vehicles (Plating and Testing) (Amendment) (No. 2) Regulations 1997 (S.I. 1997/263), regs. 1(2), 4

F2

Words in reg. 8(2)(h) substituted (18.3.1991) by virtue of The Goods Vehicles (Plating and Testing) (Amendment) (No.1) Regulations 1991 (S.I. 1991/252), regs. 1, 5(a)

F3

Words in reg. 8(2)(h) substituted (2.4.1990) by The Goods Vehicles (Plating and Testing) (Amendment) Regulations 1990 (S.I. 1990/448), regs. 1, 4(b)

F4

Words in reg. 8(2)(k) omitted (31.10.1989) by virtue of The Goods Vehicles (Plating and Testing) (Amendment) (No. 2) Regulations 1989 (S.I. 1989/1693), regs. 1, 3

F5

Words in reg. 8(2)(k) inserted (11.8.2003) by The Goods Vehicles (Plating and Testing) (Amendment) Regulations 2003 (S.I. 2003/1816), regs. 1, 4(2)

F6

Word in reg. 8(2) omitted (18.3.1991) by virtue of The Goods Vehicles (Plating and Testing) (Amendment) (No.1) Regulations 1991 (S.I. 1991/252), regs. 1, 5(b)

F7

Reg. 8(2)(n) omitted (5.3.1997) by virtue of The Goods Vehicles (Plating and Testing) (Amendment) (No. 2) Regulations 1997 (S.I. 1997/263), regs. 1(2), 13(1)

F8

Reg. 8(2)(o) and word added (18.3.1991) by The Goods Vehicles (Plating and Testing) (Amendment) (No.1) Regulations 1991 (S.I. 1991/252), regs. 1, 5(b)

F9

Word in reg. 8(2) omitted (26.6.2000) by virtue of The Goods Vehicles (Plating and Testing) (Amendment) Regulations 2000 (S.I. 2000/1433), regs. 1, 4(2)(a)

F10

Reg. 8(2)(p) and word added (1.10.1993) by The Goods Vehicles (Plating and Testing) (Amendment) Regulations 1993 (S.I. 1993/2048), regs. 1, 4(3)

F11

Reg. 8(2)(q) and word added (26.6.2000) by The Goods Vehicles (Plating and Testing) (Amendment) Regulations 2000 (S.I. 2000/1433), regs. 1, 4(2)(b)

F12

Word in reg. 8(2)(p) omitted (11.8.2003) by virtue of The Goods Vehicles (Plating and Testing) (Amendment) Regulations 2003 (S.I. 2003/1816), regs. 1, 4(3)

F13

Words in reg. 8(2)(q) substituted (11.8.2003) by The Goods Vehicles (Plating and Testing) (Amendment) Regulations 2003 (S.I. 2003/1816), regs. 1, 4(4)

F14

Reg. 8(2)(r) inserted (11.8.2003) by The Goods Vehicles (Plating and Testing) (Amendment) Regulations 2003 (S.I. 2003/1816), regs. 1, 4(4)

Modifications

C1

Reg. 8(2) applied (with modifications) (1.7.1995) by The Vehicle Excise (Design Weight Certificate) Regulations 1995 (S.I. 1995/1455), reg. 1, Sch. para. 5

Commencement

I1

Reg. 8 in force at 23.9.1988, see reg. 1