Regulation 13 Appeals against refusal or revocation of a certificate

(1)

A person aggrieved by a refusal to issue a reduced pollution certificate following an examination under regulation 4, or by the revocation of a reduced pollution certificate, may appeal to the Secretary of State.

(2)

An appeal under this regulation shall–

(a)

be made in writing within the period of 14 days immediately following the giving of a notice under regulation 6(3) or 12(1);

(b)

state the grounds on which it is made; and

(c)

be sent by post or facsimile transmission to the Secretary of State–

(i)

at the Goods Vehicle Centre, Welcombe House, 91/92 The Strand, Swansea SA1 2DH, in the case of a vehicle the examination of which was carried out in Great Britain; or

(ii)

at the Driver and Vehicle Testing Agency, Headquarters, Balmoral Road, Belfast BT12 6QL in the case of a vehicle the examination of which was carried out in Northern Ireland.

(3)

As soon as reasonably practicable after receipt of an appeal made in accordance with paragraph (2) the Secretary of State shall notify the appellant of–

(a)

the place at which the examination for the purposes of the appeal will take place; and

(b)

the time at which it will start.

(4)

The examination shall be carried out by a person who has not previously examined the vehicle who is–

(a)

in a case where the examination is carried out in Great Britain, authorised by the Secretary of State to carry out examinations for the purposes of this regulation; or

(b)

in a case where the examination is carried out in Northern Ireland, an authorised examiner.

(5)

At the conclusion of an examination under this regulation the Secretary of State shall either issue a reduced pollution certificate or give the appellant written notice that the appeal is dismissed and of the grounds of dismissal.

(6)

Regulations 3(3) and 4(2) apply to an examination under this regulation.