Regulation 17 AppealsI1
Northern Ireland
Any person aggrieved by a determination made on a first test or periodical test of a vehicle, or on a consequent re-test of a vehicle by the person in charge of that test, may appeal to the Department.
Any appeal to the Department shall be lodged at the vehicle testing centre at which the test was conducted not later than 14 days from the date of the determination.
Every appeal shall be made on a form issued by the Department and shall contain the particulars required by the Department.
An appeal to the Department shall be accompanied by a fee determined in accordance with Part I of Schedule 1.
As soon as reasonably practicable after the date of the receipt of the appeal, the Department shall send a notice in writing, addressed to the appellant at the address of the appellant stated in the form of appeal, stating where and when a re-examination for the purpose of determining the issues raised is to take place.
On the submission of a vehicle for a re-examination for the purpose of an appeal the person submitting the vehicle for the re-examination shall if requested to do so by the vehicle examiner –
produce the notice of refusal of a goods vehicle test certificate issued as a result of that first test, periodical test or on a consequential re-test; and
give such information as may reasonably be required relating to any alteration made or repairs carried out, or any accident or other event occurring since the date of the determination appealed against, which may have affected the vehicle or its equipment.
The officer appointed by the Department under Article 66(2) of the 1995 Order shall not be required to proceed with the re-examination unless the person submitting the vehicle for the re-examination complies with paragraph (6) and nothing in this paragraph shall be taken to derogate from regulation 6.
On completion of the re-examination the Department shall make such determination as it thinks fit, and may issue either a goods vehicle test certificate for the vehicle or a notice of refusal of a goods vehicle test certificate stating the grounds thereof.
Goods vehicle test certificates issued under the foregoing provisions of this regulation shall be signed by the vehicle examiner and shall contain the same particulars as are appropriate to the goods vehicles test certificates mentioned in regulation 16(1) and subject to such modifications as may be appropriate.
Notices of refusal of a goods vehicle test certificate issued under the foregoing provisions of this regulation shall contain the same particulars as are appropriate to notices of refusal of a goods vehicle test certificate mentioned in regulation 16(2) and subject to such modifications as may be appropriate.