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Statutory Instrument 1997 No. 82

The Goods Vehicles (Plating and Testing) (Amendment) Regulations 1997

(The document as of February, 2008. Arhiv.Online Library)

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STATUTORY INSTRUMENTS


1997 No. 82


ROAD TRAFFIC

The Goods Vehicles (Plating and Testing) (Amendment) Regulations 1997

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 Made20th January 1997 
 Laid before Parliament28th January 1997 
 Coming into force3rd March 1997 

The Secretary of State for Transport, in exercise of the powers conferred by sections 49, 51(1) and 53(5) of the Road Traffic Act 1988[1] and the Department of Transport (Fees) Order 1988[2], and of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:-

Citation and commencement
    1.These Regulations may be cited as the Goods Vehicles (Plating and Testing) (Amendment) Regulations 1997 and shall come into force on 3rd March 1997.

Preliminary
    2.The Goods Vehicles (Plating and Testing) Regulations 1988[3] shall be further amended in accordance with the following provisions of these Regulations.

Amendment to regulation 3 (interpretation)
    3. - (1) Regulation 3(1) shall be amended as follows.

    (2) After the definition of "notifiable alteration" there shall be inserted the following definition-

    " "out of hours" means at any time either-

      (a) on any day which is a Saturday, Sunday, Good Friday, Christmas Day or a Bank holiday (as defined in the Banking and Financial Dealings Act 1971)[4]; or

      (b) on any other day, other than between-

        (i) 8.00 am and 5.00 pm on a Monday to Thursday inclusive, or

        (ii) 8.00 am and 4.30 pm on a Friday;".

    (3) For the definition of "vehicle testing station" there shall be substituted-

      " "vehicle testing station" means a station provided by the Secretary of State under section 52(2) of the 1988 Act[5] or such other place as he may consider appropriate for the purposes of carrying out an examination."

Amendments relating to fees
    4. - (1) Regulation 12 shall be amended as follows.

    (2) In paragraph (3) for the Table there shall be substituted the following Table-


"TABLE

Description of vehicleFee
 
Motor vehicle with 2 axles32.00
Motor vehicle with 3 axles33.00
Motor vehicle with 4 or more axles34.70
Trailer with 1 axle16.00
Trailer with 2 axles17.00
Trailer with 3 or more axles17.90"
    (3) For paragraphs (4) and (5) there shall be substituted the following paragraphs-

        " (4) Subject to paragraph (4A), where the time appointed for a first examination or periodical test is, at the applicant's request, out of hours, the fee in respect of the examination or test shall be increased by 19.50 in the case of a motor vehicle and 12.30 in the case of a trailer.

        (4A) Where the vehicle testing station appointed for a first examination or periodical test is, at the applicant's request, other than one provided by the Secretary of State under section 52(2) of the 1988 Act, the fee in respect of the examination or test shall be increased, or, in a case where paragraph (4) applies, further increased, by 6.25 in the case of a motor vehicle and 3.20 in the case of a trailer.

        (5) Any sum payable by virtue of paragraph (4) or (4A) shall be paid to the Secretary of State at or before the time reserved by him or on his behalf for the examination or test."

    5. - (1) Regulation 16 shall be amended as follows.

    (2) In paragraph (1), for the words "paragraphs (4) and (6)," there shall be substituted the words "paragraphs (4), (4A) and (6),", for "16.60" there shall be substituted "16.00" and for "8.30" there shall be substituted "8.00".

    (3) In paragraph (2), for the words "paragraphs (3) and (5)," there shall be substituted the words "paragraphs (3), (5) and (5A),".

    (4) In paragraph (3), for the words "paragraphs (4) and (6)," there shall be substituted the words "paragraphs (4), (4A) and (6),", for "16.60" there shall be substituted "16.00" and for "8.30" there shall be substituted "8.00".

    (5) For paragraph (4) there shall be substituted the following paragraphs-

        " (4) Subject to paragraph (4A), where the time arranged for a re-test is, at the applicant's request, out of hours, the fee payable under paragraph (1) or (3) in respect of the re-test shall be increased by 9.80 in the case of a motor vehicle and 6.10 in the case of a trailer.

        (4A) Where the vehicle testing station appointed for a re-test is, at the applicant's request, not one provided by the Secretary of State under section 52(2) of the 1988 Act, the fee payable under paragraph (1) or (3) in respect of the re-test shall be increased, or, in a case where paragraph (4) applies, further increased, by 3.50 in the case of a motor vehicle and 1.60 in the case of a trailer."

    (6) For paragraph (5) there shall be substituted the following paragraphs-

        " (5) Subject to paragraph (5A), where the time arranged for a re-test is, at the applicant's request, out of hours, the fee payable under paragraph (2) in respect of the re-test shall be increased by 19.50 in the case of a motor vehicle and 12.30 in the case of a trailer.

        (5A) Where the vehicle testing station appointed a re-test is, at the applicant's request, not one provided by the Secretary of State under section 52(2) of the 1988 Act, the fee payable under paragraph (2) in respect of the re-test shall be increased, or, in a case where paragraph (5) applies, further increased, by 6.25 in the case of a motor vehicle and 3.20 in the case of a trailer."

    (7) In paragraph (6), for the words "paragraph (1), (3) or (4)" there shall be substituted the words "paragraph (1), (3), (4) or (4A)".

    6. - (1) Regulation 34 shall be amended as follows.

    (2) For paragraph (2) there shall be substituted the following paragraphs-

        " (2) Subject to paragraph (2A), where the time appointed for a re-examination under regulation 33 is, at the request of the person required to submit the vehicle for re-examination, out of hours, the fee in respect of the re-examination shall be increased by 8.40.

        (2A) Where the vehicle testing station appointed for a re-examination under regulation 33 is, at the applicant's request, not one provided by the Secretary of State under section 52(2) of the 1988 Act, the fee in respect of the re-examination shall be increased, or, in a case where paragraph (2) applies, further increased, by 3.50 in the case of a motor vehicle and 1.60 in the case of a trailer."

    (3) In paragraph (3), for the words "paragraph (2)" there shall be substituted the words "paragraph (2) or (2A)".

    7. - (1) Regulation 39 shall be amended as follows.

    (2) In paragraph (3)(a), for the words "vehicle testing station at which the examination has been arranged" there shall be substituted the words "address from which the notice of appointment was issued".

    (3) In paragraph (3)(b)(i), for the words "vehicle testing station at which the examination has been arranged" there shall be substituted the words "said address,".

Amendment to regulation 14 (notice of place and time of first examinations or periodical tests)
    8. - (1) Regulation 14 shall be amended as follows.

    (2) In paragraph (1), for the words "regulation 12(1)(a)" there shall be substituted the words "regulation 12(1)".

    (3) Paragraph (2) shall be omitted.

Amendment to regulation 46 (certificates of temporary exemption)
    9. - (1) Regulation 46 shall be amended as follows.

    (2) In paragraph (1), for the words "The person in charge of the Goods Vehicle Centre or a vehicle testing station" there shall be substituted the words "The Secretary of State".



Signed by authority of the Secretary of State for Transport

John Bowis
Parliamentary Under Secretary of State, Department of Transport

20th January 1997


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations further amend the Goods Vehicles (Plating and Testing) Regulations 1988 ("the 1988 Regulations").

Whereas supplementary fees were formerly payable for first examinations, periodical tests, re-tests under regulation 15 or re-examinations under regulation 33, carried out at the applicant's request on a Saturday, such fees will now be payable where the examination, re-examination, test or re-test is carried out at the applicant's request, "out of hours". By regulation 3 of these Regulations a definition of "out of hours" is inserted into regulation 3 (interpretation) of the 1988 Regulations.

New supplementary fees are introduced where first examinations, periodical tests, re-tests under regulation 15 or re-examinations under regulation 33 are carried out at the applicant's request at vehicle testing stations other than ones provided by the Secretary of State.

By regulation 4 of these Regulations, the fee payable on an application for a first examination or periodical test undergoes the changes shown in the Table below. However, where the appointment for such an examination or test is, at the applicant's request, "out of hours", the supplement to the normal fee is 19.50 in the case of a motor vehicle and 12.30 in the case of a trailer. Where the vehicle testing station appointed for such an examination or test is, at the applicant's request, not one provided by the Secretary of State, the supplement or, in a case which is "out of hours", further supplement, is 6.25 in the case of a motor vehicle and 3.20 in the case of a trailer.

By regulation 5 of these Regulations, the fee for a re-test or further re-test within 14 days after the first examination or earlier re-test is reduced from 16.60 to 16.00 in the case of a motor vehicle and from 8.30 to 8.00 in the case of a trailer. However, where the appointment for such a re-test is, at the applicant's request, "out of hours", the supplement to the normal fee is 9.80 in the case of a motor vehicle and 6.10 in the case of a trailer. The fee for a re-test in other circumstances undergoes the changes shown in the Table below, save that the supplement for such a re-test, where the appointment is, at the applicant's request, "out of hours", is 19.50 in the case of a motor vehicle and 12.30 in the case of a trailer. In all cases, where the vehicle testing station appointed for a re-test is, at the applicant's request, not one provided by the Secretary of State, the supplement or, in a case which is "out of hours", further supplement, is 3.50 in the case of a motor vehicle and 1.60 in the case of a trailer.


TABLE

Description of vehicleOld FeeNew Fee
 
Motor vehicle with 2 axles32.7032.00
Motor vehicle with 3 axles33.7033.00
Motor vehicle with 4 or more axles34.7034.70
Trailer with 1 axle16.7016.00
Trailer with 2 axles17.1017.00
Trailer with 3 or more axles17.9017.90

Although the fee payable on a request for an amendment to a plating certificate following a notifiable alteration or for a re-examination where a particular in the certificate is or may be no longer applicable remains unchanged at 13.50, by regulation 6 of these Regulations, where an appointment for a re-examination following a notifiable alteration or with a view to amendment of a plating certificate is, at an applicant's request, "out of hours", the supplement to the normal fee is 8.40. Where the vehicle testing station appointed for such a re-examination is, at the applicant's request, not one provided by the Secretary of State, the supplement or, in a case which is "out of hours", further supplement, is 3.50 in the case of a motor vehicle and 1.60 in the case of a trailer.

The definition of "vehicle testing station" is amended by regulation 3 of these Regulations and consequential amendments are made by regulations 7 and 9 of these Regulations to regulations 39 and 46.

Regulation 14 is amended in accordance with regulation 8 of these Regulations so as to bring it into line with earlier amendments made to regulation 12.


Notes:

[1] 1988 c.52; sections 49 and 51 were amended by the Road Traffic Act 1991 (c.41), Schedule 4, para 54 and Schedule 8.back

[2] S.I. 1988/643, which was made under section 102 of the Finance (No. 2) Act 1987 (c.51). The relevant amending instruments are S.I. 1995/1684 and 1996/1961 and the relevant entry in Table III is item 3.back

[3] S.I. 1988/1478; as amended by S.I. 1989/320 and 1693, 1990/448, 1991/252 and 454, 1992/564 and 2447, 1993/2048 and 3013, 1994/328 and 1995/1456.back

[4] 1971 c.80.back

[5] The 1988 Act is defined in regulation 3(1) of the Goods Vehicles (Plating and Testing) Regulations 1988 as meaning the Road Traffic Act 1988 (c.52).back



ISBN 0 11 063645 7


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