The Motor Vehicles (Tests) (Amendment) (No. 4) Regulations 1991
S.I. 1991/2229 · Made 7 October 1991
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 1988f1 and by the Department of Transport (Fees) Order 1988f2, 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:—
Annotations to the whole text
Footnotes
- f1
- f2
-
S.I. 1988/643; the relevant reference is paragraph 1 of Table III of Schedule 1.
Contents
- 1Citation and commencement
- 2Citation and commencement
- 3Amendments coming into force on 1st November 1991
- 4Amendments coming into force on 1st November 1991
- 5Amendments coming into force on 1st November 1991
- 6Amendments coming into force on 1st November 1991
- 7Amendments coming into force on 1st November 1991
- 8Amendments coming into force on 1st November 1991
- 9Amendments coming into force on 1st January 1992
- 10Amendments coming into force on 1st January 1992
- 11Amendment to Schedule 2 coming into force on 1st January 1993
- Signature
- Schedule 1SCHEDULE OF PRESCRIBED STATUTORY REQUIREMENTSCOMING INTO FORCE ON 1ST JANUARY 1992
- Schedule 2SCHEDULE OF PRESCRIBED STATUTORY REQUIREMENTSCOMING INTO FORCE ON 1ST JANUARY 1993
- Explanatory note
1Citation and commencement
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No. 4) Regulations 1991 and shall come into force—
for the purposes of regulations 9 and 10 on 1st January 1992;
for the purposes of regulation 11 on 1st January 1993;
for all other purposes, on 1st November 1991.
2Citation and commencement
Introduction
The Motor Vehicles (Tests) Regulations 1981f1 shall be further amended in accordance with the provisions of these Regulations.
3Amendments coming into force on 1st November 1991
In regulation 11(1)(a) there shall be omitted the words “, inspection reports, inspection cards”.
4Amendments coming into force on 1st November 1991
In regulation 13—
the word “and” immediately following paragraph (d) shall be omitted;
after paragraph (e) there shall be added the word “and”; and
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.”.
5Amendments coming into force on 1st November 1991
In regulation 15—
in paragraph (1)(b) there shall be inserted after “test certificate” the word “stating the grounds thereof”; and
in paragraph (3)—
in sub-paragraph (a) the words from “and shall contain” to the end shall be omitted; and
in sub-paragraph (b) the words from “and shall contain” to the end shall be omitted.
6Amendments coming into force on 1st November 1991
In regulation 18(6)(a) for the words “and contain the same particulars as are appropriate” there shall be substituted “as is appropriate”.
7Amendments coming into force on 1st November 1991
In regulation 20—
in paragraph (5) “, (3)(b)” shall be omitted; and
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;”.
8Amendments coming into force on 1st November 1991
In regulation 23—
in paragraph (1)(b)—
for “the Goods Vehicle Centre (PSV Section)” there shall be substituted “the PSV Centre”; and
at the end there shall be added “or at any goods vehicle testing station”; and
in paragraph (2) in the proviso—
the words “either the serial number of the original certificate or” shall be omitted; and
for “paragraph (1)(d)” there shall be substituted “paragraph (1)(a)(iv)”.
9Amendments coming into force on 1st January 1992
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”.
TABLE
(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 ”
10Amendments coming into force on 1st January 1992
For Schedule 2 there shall be substituted the Schedule set out in Schedule 1 to these Regulations.
11Amendment to Schedule 2 coming into force on 1st January 1993
For Schedule 2 as substituted by regulation 10 above there shall be substituted the Schedule set out in Schedule 2 to these Regulations.
Signature
Signed by the authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
7th October 1991
Schedule 1SCHEDULE OF PRESCRIBED STATUTORY REQUIREMENTSCOMING INTO FORCE ON 1ST JANUARY 1992
“SCHEDULE 2
THE PRESCRIBED STATUTORY REQUIREMENTS FORVEHICLES IN CLASSES I AND II
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 THE PRESCRIBED STATUTORY REQUIREMENTS FORVEHICLES IN CLASS III
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 THE PRESCRIBED STATUTORY REQUIREMENTS FORVEHICLES IN CLASS IV
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 THE PRESCRIBED STATUTORY REQUIREMENTS FORVEHICLES IN CLASS V
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 THE PRESCRIBED STATUTORY REQUIREMENTS FORVEHICLES IN CLASS VI
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,f1 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.
THE PRESCRIBED STATUTORY REQUIREMENTS FORVEHICLES IN CLASS VII
6The requirements specified in items 2, 3, 4, 7 to 13, 15 to 19, 20 and 30 in paragraphs 1 to 5 above.”.
Schedule 2SCHEDULE OF PRESCRIBED STATUTORY REQUIREMENTSCOMING INTO FORCE ON 1ST JANUARY 1993
“SCHEDULE 2
THE PRESCRIBED STATUTORY REQUIREMENTS FORVEHICLES IN CLASSES I AND II
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 THE PRESCRIBED STATUTORY REQUIREMENTS FORVEHICLES IN CLASS III
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 1971f1:—
Item No. Regulations Affecting 27 18, 19 and 20 Registration Marks THE PRESCRIBED STATUTORY REQUIREMENTS FORVEHICLES IN CLASS IV
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 THE PRESCRIBED STATUTORY REQUIREMENTS FORVEHICLES IN CLASS V
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 THE PRESCRIBED STATUTORY REQUIREMENTS FORVEHICLES IN CLASS VI
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,f2 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.
THE PRESCRIBED STATUTORY REQUIREMENTS FORVEHICLES IN CLASS VII
6The requirements specified in items 2, 3, 4, 7 to 27 and 34 in paragraphs 1 to 5 above.”.
Explanatory note
(This note is not part of the Regulations)
These Regulations further amend the Motor Vehicles (Tests) Regulations 1981 (“the 1981 Regulations”) as follows.
Amendments coming into force on 1st November 1991
The 1981 Regulations no longer provide for the particulars to be contained in test certificates and notices of refusal of a test certificate.
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—
the vehicle is not submitted for examination at the time and date appointed; or
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.
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.
Applications for duplicate test certificates for Class VI vehicles may now be made to the Secretary of State at any goods vehicle testing station.
Other minor amendments are made.
Amendments coming into force on 1st January 1992
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.
Amendment coming into force on 1st January 1993
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.