Regulation 16 Refusal of a test certificate where braking test cannot be carried outI1

England, Wales and Scotland

(1)

Where in the course of an examination of a vehicle F1... F2... it is found that there are such defects in the construction or condition of the vehicle or its equipment or accessories that to carry out a braking test of the vehicle in the manner in which braking tests of such vehicles are carried out at the vehicle testing station at which the examination is being carried out would be likely to cause danger to any person or damage to the vehicle or any other property, F3the person carrying out the examination shall not carry out the braking test but shall complete the rest of the examination in accordance with the provisions of these Regulations.

F4(2)

Subject to paragraphs (2A) and (2B), as soon as reasonably practicable after completing the rest of the examination, the person carrying out the examination—

(a)

shall, by electronic communication, enter in the electronic record that the prescribed statutory requirements have not been shown to be met in relation to the vehicle;

(b)

shall by electronic communication—

(i)

make such other entries in the electronic record as the record requires to be made; or

(ii)

where he has caused those entries to be made, confirm them;

(c)

may, by electronic communication, make such other entries in the electronic record as the record allows to be made; and where he has caused entries to be so made, he shall confirm them;

(d)

shall issue—

(i)

the notice of the refusal of a test certificate generated by the system supporting the electronic record; and

(ii)

such other documents as the Secretary of State may from time to time require to be issued.

(2A)

Where the person by whom the examination is to be carried out—

(a)

has taken such steps as are reasonably practicable to gain access to the electronic record; and

(b)

has failed to gain access,

he shall comply with the requirements notified to him by the Secretary of State for recording the result of the examination.

(2B)

Where documents cannot be generated by the system supporting the electronic record, the person carrying out the examination shall issue a notice of the refusal of a test certificate, on form “VT30” or “VT30W”.

(2C)

As soon as the electronic record becomes available for use, a person who has complied with the requirements mentioned in paragraph (2B)—

(a)

shall, by electronic communication—

(i)

confirm the entries required to be made by paragraph (2)(a) and (b); and

(ii)

confirm any other entries that may have been made; and

(b)

may, by electronic communication, make such other entries in the electronic record as the record allows to be made.

(2D)

Where paragraph (2B) applies, the authorised examiner or designated council at whose vehicle testing station the examination was carried out, or the Secretary of State—

(a)

if required to do so by the person by whom the vehicle was submitted for examination;

(b)

on production by that person of the notice issued to him in accordance with that paragraph; and

(c)

if satisfied that no examination under this regulation or regulation 18 has been carried out in relation to the vehicle since that to which the notice relates,

shall supply to him, free of charge, the notice of the refusal of a test certificate generated by the system supporting the electronic record.

(3)

In this Regulation “braking test”, means that part of the examination of that vehicle which is required or authorised to be carried out to ascertain whether the braking requirements are complied with.

F5(4)

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

Annotations

Textual amendments

F1: Words in reg. 16(1) omitted (1.6.2003) by virtue of The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 10(a)(i) (with regs. 1(3), 24(2))
F2: Words in reg. 16(1) omitted (9.10.1995) by virtue of The Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 1995 (S.I. 1995/2438), reg. 1, Sch. para. 4(a)
F3: Words in reg. 16(1) substituted (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 10(a)(ii) (with regs. 1(3), 24(2))
F4: Reg. 16(2)-(2D) substituted for reg. 16(2) (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 10(b) (with regs. 1(3), 24(1)(a)(2))
F5: Reg. 16(4) omitted (1.6.2003) by virtue of The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 10(c) (with regs. 1(3), 24(2))

Commencement

I1: Reg. 16 in force at 31.12.1981, see reg. 1