Regulation 4 Replacement of regulation 6 (inspection of vehicle and grant of licence)

For regulation 6 of the principal Regulations there shall be substituted the following regulation—

“Inspection of vehicle and grant of licence

6

(1)

On being notified in writing by the Department, the applicant shall present the vehicle for inspection in clean condition, together with the registration book and previous certificate, licence or disc, if any, at the time and centre specified in the notice.

(2)

A vehicle examiner shall not be obliged to carry out an inspection where—

(a)

the vehicle is not submitted at the time and place notified to the applicant;

(b)

on submission of a vehicle for an inspection the applicant does not, after being requested to do so, produce the registration document and previous certificate, licence or disc, if any;

(c)

the correct fee in respect of that inspection has not been paid;

(d)

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

(e)

the vehicle, or any part of or any equipment of the vehicle is so dirty as to make it unreasonably difficult for the inspection to be carried out in accordance with the provisions of these Regulations;

(f)

the vehicle emits substantial quantities of avoidable smoke; or

(g)

an examiner is not able to complete the inspection due to the failure of a part of the vehicle which renders the vehicle incapable of being moved in safety under the power of the vehicle.

(3)

Where after inspecting the vehicle the Department is satisfied that it complies in all respects with—

(a)

the statutory requirements;

(b)

as regards vehicles in which recording equipment is required by Article 3 of the Community Recording Equipment Regulation to be installed and used, the requirements of so much of that Regulation as relates to the installation of recording equipment and the seals to be affixed to such equipment; and

(c)

as regards vehicles which have been fitted with relevant seat belts on forward facing seats, the requirements of Regulation 115(1) of the Construction and Use Regulations (insofar as it relates to the manner in which the seat belts and anchorages have been installed including, in the case of a seat which incorporates integral seat belt anchorages, the system by which the seat assembly itself is secured to the vehicle structure and the structure of the frame and legs of the seat),

it shall grant a licence.

(4)

A vehicle examiner shall determine the maximum passenger capacity of the vehicle in accordance with regulations 61 and 62 of the Condition of Fitness Regulations and, save in the case of a vehicle mentioned in regulation 63, specify such capacity on the licence and the disc.

(5)

Paragraph (3)(c) shall not apply to a vehicle in respect of which—

(a)

a test certificate the examination in respect of which included an inspection of the relevant seat belts has been issued under Article 61(2) of the 1995 Order on or after 19th June 2000; or

(b)

a test certificate the examination in respect of which included an inspection of the relevant seat belts has been issued under section 45 of the Road Traffic Act 1988 on or after 1st August 1998; or

(c)

a certificate of initial fitness the examination in respect of which included an inspection of the relevant seat belts has been issued on or after 19th June 2000; or

(d)

one or more forward-facing seats are fitted with a relevant seat belt, which, when so equipped, are of a type of vehicle in respect of which the Department is satisfied that the vehicle manufacturer holds—

(i)

an approval issued by or on behalf of the approval authority of an EEA State confirming compliance with the installation requirements of Community Directives 77/541^f1, 82/319^f2, 90/628^f3, or 96/36^f4; and

(ii)

either—

(A)

an approval issued by or on behalf of the approval authority of an EEA State confirming compliance with the technical and installation requirements of Community Directives 76/115^f5, 81/575^f6, 82/318^f7, 90/629^f8, or 96/38^f9; or

(B)

an approval issued by or on behalf of the competent authority of a contracting State confirming compliance with the technical and installation requirements of ECE Regulation 14, 14.01, 14.02 or 14.03.

(6)

For the purposes of paragraph (3)(a) “the statutory requirements” means the Conditions of Fitness Regulations; the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999^f10; the Road Vehicles (Registration and Licensing) Regulations (Northern Ireland 1973^f11 and the Road Vehicles Lighting Regulations (Northern Ireland 1995^f12 and the inspection shall include the items in Schedule 3 applicable to the vehicle being inspected.

(7)

In this regulation—

• “approval authority” has the same meaning as in Community Directive 70/156^f13;

• “contracting State” means a State which is a party to the International Agreement;

• “EEA State” means a State which is a contracting party to the EEA Agreement;

• “EEA Agreement” means the agreement on the European Economic Area signed at Oporto on 2nd May 1992^f14 as adjusted by the Protocol signed at Brussels on 17th March 1993^f15;

• “ECE Regulation” and “Community Directive” have the meanings given by regulation 2(2) of the Construction and Use Regulations;

• “the International Agreement” means the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 25th March 1958^f16 as amended^f17 to which the United Kingdom is a party^f18.”.