OpenLegislation

Regulation 12 Applications for examinationsI1

England, Wales and Scotland

Original text. Later amendments are not shown.

(1)

An application for an examination of a vehicle in F1Class VI or VIA under these Regulations shall be made to the Secretary of State F2and, subject to paragraph (1A) below, shall be in writing.

F3(1A)

An application for a re-examination of a vehicle in F4Class VI or VIA under these Regulations need not be in writing if the application is made before the expiration of 28 days after the last examination.

(2)

An application for an examination (including a re-examination) of a vehicle in a class other than F5Class VI or VIA under these Regulations shall be made as indicated in the Table below:—

(1)(2)(3)
Item No.Person or body to whom application must be madeManner in which appointment must be made
1.An F6authorised examiner or a designated council.By arrangement following application made in writing or, during the normal working week, by telephone to, or in person at (whether by submitting the vehicle or not), the vehicle testing station where the applicant desires the vehicle to be examined.
2.The Secretary of State.By arrangement following prior application.
(3)

Subject to the following provisions of these Regulations, F7authorised examiners and designated councils shall ensure that—

(a)

where in accordance with the provisions of paragraph (2) an appointment is requested for the carrying out of an examination F8..., an appointment is forthwith offered for the carrying out of the examination at the earliest time at which it is reasonably practicable for the examination to be carried out during the normal working week;

(b)

where in accordance with the provisions of paragraph (2) a vehicle is submitted for examination F9... without any appointment for the carrying out of the examination having been previously made, the applicant is informed either that the examination can be carried out forthwith or, if not, of the earliest time at which it is reasonably practicable for the examination to be carried out during the normal working week;

(c)

except in so far as prevented by circumstances beyond the control of the F10authorised examiner or council, examinations are carried out in accordance with the appointments made or the information given in pursuance of the preceding provisions of this paragraph or at such other times as may be arranged between the applicant and the authorised examiner or council.

(4)

On an appointment being made or a time being arranged for the carrying out of an examination in accordance with paragraph (3) the F11authorised examiner or the designated council, as the case may be, shall record the hour and the date thereof and the name of the person by whom the application for the examination is made:

Provided that no such record needs to be made in a case where a vehicle is submitted for examination at a vehicle testing station of an authorised examiner or designated council, without any appointment for the carrying out of the examination having been previously made, and the examination is carried out forthwith.

(5)

F12Any authorised examiner, inspector, nominated tester or section 66A examiner F13... may carry out an examination of a motor vehicle in accordance with the provisions of these Regulations notwithstanding that the foregoing provisions of this Regulation have not been complied with F14....

(6)

Nothing in this Regulation shall be taken as entitling an F15authorised examiner or a nominated tester to carry out an examination of a vehicle not being of a type included in the authorisation of the examiner, or as imposing on a designated council or an inspector F16... any obligation with respect to the carrying out of an examination of a vehicle not being of a type which that council have for the time being notified to the Secretary of State as a type of vehicle which will be examined by F17their inspectors.

Annotations

Textual amendments

F1

Words in reg. 12(1) substituted (1.8.1998) by The Motor Vehicles (Tests) (Amendment) Regulations 1998 (S.I. 1998/1672), regs. 1, 7

F2

Words in reg. 12(1) substituted (31.10.1989) by The Motor Vehicles (Tests) (Amendment) (No.2) Regulations 1989 (S.I. 1989/1694), regs. 1, 3(2)(a)

F3

Reg. 12(1A) inserted (31.10.1989) by The Motor Vehicles (Tests) (Amendment) (No.2) Regulations 1989 (S.I. 1989/1694), regs. 1, 3(2)(b)

F4

Words in reg. 12(1A) substituted (1.8.1998) by The Motor Vehicles (Tests) (Amendment) Regulations 1998 (S.I. 1998/1672), regs. 1, 7

F5

Words in reg. 12(2) substituted (1.8.1998) by The Motor Vehicles (Tests) (Amendment) Regulations 1998 (S.I. 1998/1672), regs. 1, 7

F6

Word in reg. 12(2) Table inserted (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 6(a) (with reg. 1(3))

F7

Word in reg. 12(3) inserted (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 6(b)(i) (with reg. 1(3))

F8

Words in reg. 12(3)(a) omitted (1.6.2003) by virtue of The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 6(b)(ii)(iii) (with reg. 1(3))

F9

Words in reg. 12(3)(b) omitted (1.6.2003) by virtue of The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 6(b)(ii)(iii) (with reg. 1(3))

F10

Words in reg. 12(3)(c) inserted (1.8.2003) by The Motor Vehicles (Tests) (Amendment) (No.2) Regulations 2003 (S.I. 2003/1698), regs. 1, 4

F11

Word in reg. 12(4) inserted (1.6.2003) by virtue of The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 6(c) (with reg. 1(3))

F12

Words in reg. 12(5) substituted (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 6(d)(i) (with reg. 1(3))

F13

Words in reg. 12(5) omitted (9.10.1995) by virtue of The Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 1995 (S.I. 1995/2438), reg. 1, Sch. para. 1

F14

Words in reg. 12(5) omitted (1.6.2003) by virtue of The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 6(d)(ii) (with reg. 1(3))

F15

Words in reg. 12(6) substituted (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 6(e)(i) (with reg. 1(3))

F16

Words in reg. 12(6) omitted (1.6.2003) by virtue of The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 6(e)(ii) (with reg. 1(3))

F17

Words in reg. 12(6) substituted (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 6(e)(iii) (with reg. 1(3))

Commencement

I1

Reg. 12 in force at 31.12.1981, see reg. 1