(1) Regulations under section 45 of this Act may, in particular, make provision as to—
(a) the authorisation of examiners, the nomination and approval of nominated testers, the appointment and approval of inspectors and the designation of councils in accordance with subsection (3) of that section,
(b) the imposition of conditions to be complied with by the persons referred to in paragraph (a) above,
(c) the circumstances in which a person ceases to be an authorised examiner, a nominated tester or an inspector or in which a council ceases to be designated,
(d) the manner in which, conditions under which and apparatus with which examinations are carried out, the maintenance of that apparatus in an efficient state, and the inspection of premises at which and apparatus with which examinations are being, or are to be, carried out,
(e) the supervision of examinations and of the premises at which examinations are carried out,
(f) the manner in which applications may be made for the examination of vehicles under section 45 of this Act, the manner in which and time within which appeals may be brought under subsection (4) of that section, the information to be supplied and documents to be produced on such an application, examination or appeal, the fees to be paid on such an application or appeal, and the repayment of the whole or part of the fee paid on such an appeal where it appears to the Secretary of State that there were substantial grounds for contesting the whole or part of the decision appealed against,
(g) the form of, and particulars to be contained in, test certificates and notifications of the refusal of test certificates and the conditions which must be satisfied before such certificates and notifications may be issued,
(h) the issue of duplicates or copies of test certificates and the fees to be paid on applications for such duplicates or copies,
(i) the correction of errors in test certificates,
(j) the charges to be paid by authorised examiners or designated councils to the Secretary of State in connection with—
(i) the issue of test certificates or notifications of the refusal of test certificates,
(ii) the issue of duplicates or copies of test certificates, and
(iii) the correction of errors in test certificates,
(ja) the charges to be paid to the Secretary of State by persons occupying premises designated under section 8(3)(b) of the Public Passenger Vehicles Act 1981 as stations where inspections of public service vehicles may be carried out where the charges are in connection with—
(i) the provision by the Secretary of State of vehicle examiners to examine public service vehicles on the premises,
(ii) the issue of test certificates or notifications of the refusal of test certificates in respect of examinations of public service vehicles carried out on the premises,
(iii) the issue of duplicates or copies of test certificates issued in respect of such examinations, and
(iv) the correction of errors in test certificates so issued,
(k) the keeping by authorised examiners and designated councils of registers of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such registers by such persons and in such circumstances as may be prescribed, ...
(ka) the keeping by persons mentioned in paragraph (ja) of registers of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such registers by such persons and in such circumstances as may be prescribed,
(l) the keeping of records by authorised examiners and designated councils and the providing by them of returns and information to the Secretary of State, and
(m) the keeping of records by persons mentioned in paragraph (ja) and the providing by them of returns and information to the Secretary of State.
(2) The conditions which may be imposed by virtue of subsection (1)(b) above include conditions—
(a) relating to the successful completion of courses of instruction provided under section 45(6A) of this Act, and
(b) requiring the payment of prescribed fees to the Secretary of State in respect of applications for, or the continuation of, the Secretary of State’s authorisation, approval or designation.
(3) The provision which may be made by virtue of subsection (1)(e) above includes provision—
(a) requiring supervision to be provided by individuals who are nominated by authorised examiners or designated councils, in respect of particular premises, and are approved by the Secretary of State (in this subsection referred to as “nominated supervisors”),
(b) as to the imposition of conditions (including conditions described in subsection (2) above) to be complied with by any nominated supervisor, and
(c) as to the circumstances in which a person ceases to be a nominated supervisor.
(4) The provision which may be made by virtue of subsection (1)(j) or (ja) above includes provision requiring—
(a) the making to the Secretary of State at prescribed times of payments, of such amounts as may be determined by him in accordance with the regulations, on account of charges that may become payable, and
(b) where forms for test certificates and notifications of the refusal of test certificates are supplied by the Secretary of State, the payment to him of charges for the supply of such forms;
and for the repayment, in prescribed circumstances, of such payments received by the Secretary of State.
(5) Regulations under section 45 of this Act may provide for the Secretary of State to make available for use by prescribed persons any particulars contained in the records maintained under section 45(6B) of this Act on payment, in prescribed cases, of a fee of such amount as appears to the Secretary of State to be reasonable in the circumstances of the case.
(6) Regulations under section 45 of this Act may also provide for the sale of particulars contained in, or information derived from, those records—
(a) to such persons as the Secretary of State thinks fit, and
(b) for such price and on such other terms, and subject to such restrictions, as he thinks fit;
if those particulars do not (or that information does not) identify the premises at which any examination was carried out or any person concerned with the carrying out of the examination.
(7) Regulations under that section may—
(a) make different provision in relation to different cases or classes of cases, and
(b) contain such incidental, supplemental or transitional provisions or savings as the Secretary of State thinks fit.
(1) This section applies to—
(a) the records maintained by the Secretary of State (or caused by him to be maintained) under section 45(6B) of this Act, and
(b) the records maintained by the Secretary of State in connection with any functions exercisable by him under or by virtue of the Vehicle Excise and Registration Act 1994.
(2) The Secretary of State may use the information contained in records falling within either paragraph of subsection (1) above—
(a) to check the accuracy of the records falling within the other paragraph of that subsection, and
(b) where appropriate, to amend or supplement information contained in those records.
(3) The Secretary of State may also use the information contained in records falling within paragraph (b) of that subsection for the purpose of promoting compliance with section 47 of this Act.
(4) This section does not limit any powers of the Secretary of State apart from this section.
46B Evidence from records of vehicle examinations.
(1) A statement to which this section applies is admissible in any proceedings as evidence (or, in Scotland, sufficient evidence) of any fact stated in it with respect to—
(a) the issue of a test certificate in respect of a vehicle, and
(b) the date of issue of such a certificate,
to the same extent as oral evidence of that fact is admissible in the proceedings.
(2) This section applies to a statement contained in a document purporting to be—
(a) a part of the records maintained under section 45(6B) of this Act,
(b) a copy of a document forming part of those records, or
(c) a note of any information contained in those records,
and to be authenticated by a person authorised to do so by the Secretary of State.
(3) In this section as it has effect in England and Wales—
“document” means anything in which information of any description is recorded;
“copy”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly; and
“statement” means any representation of fact, however made.
(4) In this section as it has effect in Scotland, “document” and “statement” have the same meanings as in section 17(3) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968, and the reference to a copy of a document shall be construed in accordance with section 17(4) of that Act.
(5) Nothing in subsection (4) above limits to civil proceedings the reference to proceedings in subsection (1) above.
(1) A person who uses on a road at any time, or causes or permits to be so used, a motor vehicle to which this section applies, and as respects which no test certificate has been issued within the appropriate period before that time, is guilty of an offence.
In this section and section 48 of this Act, the “appropriate period” means a period of twelve months or such shorter period as may be prescribed.
(2) Subject to subsections (3) and (5) below, the motor vehicles to which this section applies at any time are—
(a) those first registered under the Vehicle Excise and Registration Act 1994 or any corresponding earlier legislation, not less than three years before that time, and
(b) those which, having a date of manufacture not less than three years before that time, have been used on roads (whether in Great Britain or elsewhere) before being so registered,
being, in either case, motor vehicles other than goods vehicles which are required by regulations under section 49 of this Act to be submitted for a goods vehicle test.
(3) As respects a vehicle being—
(a) a motor vehicle used for the carriage of passengers and with more than eight seats, excluding the driver’s seat, or
(b) a taxi (as defined in section 64 (3) of the Transport Act 1980), being a vehicle licensed to ply for hire, or
(c) an ambulance, that is to say, a motor vehicle which is constructed or adapted, and primarily used, for the carriage of persons to a place where they will receive, or from a place where they have received, medical or dental treatment, and which, by reason of design, marking or equipment is readily identifiable as a vehicle so constructed or adapted,
subsection (2)(a) above shall have effect as if for the period there mentioned there were substituted a period of one year.
(4) For the purposes of subsection (2)(b) above there shall be disregarded—
(a) the use of a vehicle before it is sold or supplied by retail, and
(b) the use of a vehicle to which a motor dealer has assigned a mark under section 24 of the Vehicle Excise and Registration Act 1994 before it is registered by the Secretary of State under section 21(2) of that Act.
(5) This section does not apply to vehicles of such classes as may be prescribed.
(6) The Secretary of State may by regulations exempt from subsection (1) above the use of vehicles for such purposes as may be prescribed.
(7) The Secretary of State may by regulations exempt from subsection (1) above the use of vehicles in any such area as may be prescribed.
(8) For the purposes of this section the date of manufacture of a vehicle shall be taken to be the last day of the year during which its final assembly is completed, except where after that day modifications are made to the vehicle before it is sold or supplied by retail, and in that excepted case shall be taken to be the last day of the year during which the modifications are completed.
(9) The Secretary of State may by order made by statutory instrument direct that subsection (2) above shall have effect with the substitution, for three years (in both places), of such other period (not being more than ten years) as may be specified in the order.
An order under this subsection shall not have effect unless approved by resolution of each House of Parliament.
48 Supplementary provisions about test certificates.
(1) For the purpose of spreading the work of issuing certificates in contemplation of a change in—
(a) the length of the appropriate period, or
(b) the length of the period specified in section 47(2)(a) and (b) of this Act,
(and whether for the purposes of that section or section 66 of this Act), the order or, as the case may be, regulations changing the length of that period may be made so as to come into operation on different days as respects vehicles first registered under any of the enactments mentioned in section 47(2) of this Act at different times.
(1A) A test certificate issued in respect of a vehicle within the period of one month ending immediately before the date on which section 47 of this Act first applies to the vehicle shall be treated for the purposes of that section as if issued at the end of that period.
(2) Where—
(a) within the appropriate period after a test certificate is issued or treated for the purposes of section 47 of this Act as issued, but
(b) not earlier than one month before the end of that period,
a further test certificate is issued as respects the same vehicle, the further certificate shall be treated for the purposes of that section as if issued at the end of the appropriate period.
(3) Where the particulars contained in a test certificate in accordance with regulations made under section 45 of this Act include a date of expiry falling later, but not more than one month later, than the end of the appropriate period after the date on which it is issued—
(a) the certificate shall be deemed to have been issued in respect of the same vehicle as an earlier test certificate, and
(b) the date on which it was issued shall be deemed to have been a date falling within the last month of the appropriate period after the date on which that earlier certificate was issued or treated for the purposes of section 47 of this Act as issued;
and any date of expiry contained in a test certificate shall be deemed to have been entered in accordance with regulations under section 45 of this Act unless the contrary is proved.
(4) The Secretary of State may by regulations make provision for and in connection with—
(a) the issue of a certificate of temporary exemption in respect of a public service vehicle adapted to carry more than eight passengers, exempting that vehicle from the provisions of section 47(1) of this Act for such period as may be specified in the certificate;
(b) the revocation of such a certificate.
(4A) The power under subsection (4) includes power to—
(a) make provision for a certificate of temporary exemption to be issued subject to conditions;
(b) make different provision for different circumstances or cases;
(c) confer functions on a person (including functions involving the exercise of a discretion).
(5) In relation to any public service vehicle so adapted—
(a) subsections (1A), (2) and (3) above shall have effect as if for “one month” (in each place) there were substituted “two months”, and
(b) subsection (3) above shall have effect as if for “last month” there were substituted “last two months”.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49 Tests of satisfactory condition of goods vehicles and determination of plated weights, etc.
(1) The Secretary of State may by regulations make provision for the examination of goods vehicles of any prescribed class—
(a) for the purpose of selecting or otherwise determining plated weights or other plated particulars for goods vehicles of that class, or
(b) for the purpose of ascertaining whether any prescribed construction and use requirements (whether relating to plated particulars or not) are complied with in the case of goods vehicles of that class, or
(c) for the purpose of ascertaining whether the condition of the vehicle is such that its use on a road would involve a danger of injury to any person,
or for any of those purposes.
(2) In particular the regulations may make provision—
(a) for the determination, according to criteria or by methods prescribed by or determined under the regulations, of the plated particulars for a goods vehicle (including its plated weights), on an examination of the vehicle for the purpose, and for the issue on such an examination, except as provided by regulations made by virtue of paragraph (c) of this subsection, of a certificate (in this Act referred to as a “plating certificate") specifying those particulars,
(b) for the issue, for a goods vehicle which has been found on examination for the purpose to comply with the prescribed construction and use requirements and the requirement that the condition of the vehicle is not such that its use on a road would involve a danger of injury to any person, of a certificate (in this Act referred to as a “goods vehicle test certificate") stating that the vehicle has been found so to comply, and
(c) for the refusal of a goods vehicle test certificate for a goods vehicle which is so found not to comply with those requirements and for requiring a written notification to be given—
(i) of any such refusal, and
(ii) of the grounds of the refusal,
and for the refusal of a plating certificate where a goods vehicle test certificate is refused.
(3) References in subsections (1) and (2) above to construction and use requirements shall be construed—
(a) in relation to an examination of a vehicle solely for the purpose of ascertaining whether it complies with any such requirements, as references to such of those requirements as are applicable to the vehicle at the time of the test, and
(b) in relation to an examination of a vehicle both for that purpose and for the purpose of determining its plated particulars, as references to such of those requirements as will be applicable to the vehicle if a plating certificate is issued for it.
(4) In this Part of this Act—
“examination for plating” means an examination under regulations under this section for the purpose of determining plated particulars for a goods vehicle, and
“goods vehicle test” means an examination under regulations under this section for the purpose of ascertaining whether any prescribed construction and use requirements , or the requirement that the condition of the vehicle is not such that its use on a road would involve a danger of injury to any person, are complied with in the case of a goods vehicle.
(5) In its application to vehicles in which recording equipment is required by Article 3 of the EU Tachographs Regulation to be installed and used, this section shall have effect as if any reference to prescribed construction and use requirements included a reference to prescribed requirements of so much of that Regulation as relates to the installation of recording equipment and the seals to be fixed to such equipment.
(1) Any person aggrieved by a determination made on an examination under regulations under section 49 of this Act by the person in charge of the examination may appeal to the Secretary of State.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) On the appeal the Secretary of State must cause the vehicle to be re-examined by an officer appointed by him for the purpose and must make such determination on the basis of the re-examination as he thinks fit.
(5) Regulations under section 49 of this Act may make the like provision in relation to a determination on an appeal under this section as they make in relation to a determination on an examination under the regulations.
51 Particular aspects of regulations under section 49.
(1) Without prejudice to the generality of subsection (1) of section 49 of this Act, regulations under that section may—
(a) require or authorise goods vehicles to which the regulations apply to be submitted for examination under the regulations and, in particular—
(i) require any such vehicle to be submitted for a goods vehicle test at periodic intervals, and
(ii) require or authorise any such vehicle to be submitted for re-examination on the making of any prescribed alteration to it or its equipment and, for the purpose of determining whether any such re-examination is necessary, require any such alteration to be notified to the Secretary of State, and
(iii) require any such vehicle to be submitted for examination or re-examination for any purpose of plating or certification,
(b) authorise any examination under the regulations to be carried out by or under the direction of a . . . vehicle examiner,
(c) prescribe the conditions subject to which vehicles will be accepted for such examination and, without prejudice to that—
(i) authorise any person by whom an examination of the vehicle under the regulations or section 50 of this Act is carried out to drive the vehicle, whether on a road or elsewhere, and
(ii) require that a driver of a vehicle examined under those regulations or that section is, except so far as permitted to be absent by the person carrying out the examination, present throughout the whole of the examination and drives the vehicle when directed to do so, and operates the controls in accordance with any directions given to him, by that person,
(d) require the plating certificate for any vehicle to which the regulations apply to specify any alteration to the vehicle or its equipment which is required by the regulations to be notified to the Secretary of State,
(e) authorise the amendment of a plating certificate or the issue of a different plating certificate on the re-examination of any vehicle,
(f) provide for the period of validity of goods vehicle test certificates,
(g) specify the manner in which, and the time before or within which, applications may be made for the examination of vehicles under the regulations or appeals may be brought under section 50 of this Act and the information to be supplied and documents to be produced on any such application, examination or appeal,
(h) make provision as to the fees to be paid on any such application or appeal and as to the repayment of the whole or part of any fee paid on such an appeal where it appears to the Secretary of State that there were substantial grounds for contesting the whole or part of the determination appealed from,
(j) make provision as to the form of, and particulars to be contained in, plating certificates and goods vehicle test certificates and notifications of the refusal of the latter certificates,
(k) provide for the issue of replacements for plates marked with plated particulars, plating certificates and goods vehicle test certificates which have been lost or defaced and for the payment of a fee for their issue,
(ka) make provision as to the charges to be paid to the Secretary of State by persons occupying premises designated under section 52(2)(b) as stations where examinations of goods vehicles may be carried out where the charges are in connection with—
(i) the provision by the Secretary of State of vehicle examiners to examine goods vehicles on the premises,
(ii) the issue of test certificates or notifications of the refusal of test certificates in respect of examinations of goods vehicles carried out on the premises,
(iii) the issue of duplicates or copies of test certificates issued in respect of such examinations, and
(iv) the correction of errors in test certificates so issued,
(kb) make provision as to the keeping by persons mentioned in paragraph (ka) of registers of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such registers by such persons and in such circumstances as may be prescribed,
(kc) make provision as to the keeping of records by persons mentioned in paragraph (ka) and the providing by them of returns and information to the Secretary of State,
(l) exempt prescribed classes of vehicles from all or any of the provisions of the regulations either generally or in prescribed circumstances,
(m) make different provision for different cases.
(1A) The provision which may be made by virtue of subsection (1)(ka) above includes provision requiring—
(a) the making to the Secretary of State at prescribed times of payments, of such amounts as may be determined by him in accordance with regulations, on account of charges that may become payable, and
(b) where forms for test certificates and notifications of the refusal of test certificates are supplied by the Secretary of State, the payment to him of charges for the supply of such forms,
and for the repayment, in prescribed circumstances, of such payments received by the Secretary of State.
(2) Regulations under section 49 of this Act may provide that a person who contravenes or fails to comply with a requirement of regulations imposed by virtue of subsection (1)(c)(ii) above is guilty of an offence.
(3) In this section any reference to the driving of a vehicle is, in relation to a trailer, a reference to the driving of the vehicle by which the trailer is drawn.
52 Supplementary provisions about tests, etc., of goods vehicles.
(1) Without prejudice to any regulations made under section 49 of this Act by virtue of section 51(1)(c) of this Act, the Secretary of State may give directions with respect to the manner in which examinations under regulations under section 49 or under section 50 of this Act are to be carried out.
(2) The Secretary of State may—
(a) provide and maintain stations where examinations of goods vehicles under regulations under section 49 or under section 50 of this Act may be carried out,
(b) designate premises as stations where such examinations may be carried out, and
(c) provide and maintain apparatus for the carrying out of such examinations.
(1) If any person at any time on or after the relevant date—
(a) uses on a road a ... vehicle of a class required by relevant regulations to have been submitted for examination for plating, or
(b) causes or permits to be used on a road a ... vehicle of such a class,
and at that time there is no plating certificate in force for the vehicle, he is guilty of an offence.
In this subsection “relevant date”, in relation to any ... vehicle, means the date by which it is required by the regulations to be submitted for examination for plating.
(2) If any person at any time on or after the relevant date—
(a) uses on a road a vehicle of a class required by relevant regulations to have been submitted for a goods vehicle test, or
(b) causes or permits to be used on a road a vehicle of such a class,
and at that time there is no goods vehicle test certificate in force for the vehicle, he is guilty of an offence.
In this subsection “relevant date”, in relation to any vehicle, means the date by which it is required by the regulations to be submitted for its first goods vehicle test.
(3) Any person who—
(a) uses a ... vehicle on a road, or
(b) causes or permits a ... vehicle to be so used,
when an alteration has been made to the vehicle or its equipment which is required by relevant regulations to be, but has not been, notified to the Secretary of State or the prescribed testing authority is guilty of an offence.
(4) In any proceedings for an offence under subsection (3) above, it shall be a defence to prove that the alteration was not specified in the relevant plating certificate in accordance with relevant regulations.
(5) The Secretary of State may by regulations—
(a) exempt from all or any of the preceding provisions of this section the use of goods vehicles for such purposes or in such an area as may be prescribed, and
(b) make provision for and in connection with—
(i) the issue in respect of a vehicle of a certificate of temporary exemption exempting that vehicle from the provisions of subsection (1) or (2) above for such period as may be specified in the certificate;
(ii) the revocation of such a certificate.
(5A) The power under subsection (5)(b) includes power to—
(a) make provision for a certificate of temporary exemption to be issued subject to conditions;
(b) make different provision for different circumstances or cases;
(c) confer functions on a person (including functions involving the exercise of a discretion).
(6) In this section “relevant regulations” means regulations made—
(a) under section 49 of this Act, or
(b) for the purposes of implementing Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers.
(1) Without prejudice to section 41 of this Act, the Secretary of State may by regulations prescribe requirements (in this Part of this Act referred to as “type approval requirements”)—
(a) with respect to the design, construction, equipment and marking of vehicles of any class, being requirements which are applicable before, whether or not they are applicable after, vehicles of that class are used on a road,
(b) with respect to the design, construction, equipment and marking of vehicle parts of any class, being requirements which are applicable before, whether or not they are applicable after, vehicle parts of that class are fitted to a vehicle used on a road.
(2) Regulations under this section may provide for the determination, according to criteria or by methods prescribed by or determined under the regulations, of weights of any description which in the opinion of the Secretary of State should not be exceeded in the case of vehicles of any class.
(3) In this Part of this Act references to design weights shall be construed as references to weights determined by virtue of subsection (2) above.
(4) Subject to subsection (5) below, the following provisions of this Act to the end of section 60 apply in relation to parts of vehicles as they apply in relation to vehicles and, accordingly, any reference in those provisions to a vehicle, other than a reference to a goods vehicle, is to be read as including a reference to a vehicle part.
(5) Any provision which relates solely to goods vehicles or design weights does not apply in relation to parts of vehicles, but particular exclusions in those provisions do not affect the generality of this exclusion.
(6) In this Part of this Act, “the relevant aspects of design, construction, equipment and marking”, in relation to any vehicle, means those aspects of design, construction, equipment and marking which are subject to the type approval requirements or which were used as criteria in determining design weights for that vehicle.
(1) Where the Secretary of State is satisfied on application made to him by the manufacturer of a vehicle of a class to which regulations under section 54 of this Act apply and after examination of the vehicle—
(a) that the vehicle complies with the relevant type approval requirements, and
(b) that adequate arrangements have been made to secure that other vehicles purporting to conform with that vehicle in the relevant aspects of design, construction, equipment and marking will so conform in all respects or with such variations as may be permitted,
he may approve that vehicle as a type vehicle.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1D) Where the Secretary of State is satisfied on an application made to the Secretary of State by the manufacturer of a vehicle of a class to which relevant regulations apply—
(a) that the manufacturer holds in respect of that vehicle a valid relevant European approval, and
(b) that adequate arrangements have been made to secure that other vehicles purporting to conform with that vehicle in the relevant aspects of design, construction, equipment and marking will so conform in all respects or with such variations as may be permitted,
the Secretary of State may approve that vehicle as a type vehicle.
(1E) The Secretary of State may exercise the power under paragraph (1D) in relation to a vehicle—
(a) in the case of a vehicle other than a trailer to which the road vehicles type approval Regulation applies, only where the application is received on or before 31 January 2024;
(b) in the case of a trailer, or any vehicle part to which the road vehicles type approval Regulation applies, only where the application is received on or before 31 January 2025;
(c) in the case of a vehicle or vehicle part to which the motorcycle type approval Regulation or the tractor type approval Regulation applies, only where the application is received on or before 31 December 2027.
(1F) The Secretary of State may approve an application under subsection (1D) where the application was made before subsection (1D) comes into force.
(1G) For the purposes of subsection (1D)—
“relevant European approval” means—
an EC type-approval certificate, as defined in Article 3(34) of the road vehicles type approval Directive (as it had effect immediately before its repeal),
an EU type-approval certificate, as referred to in Article 28 of the road vehicles type approval Regulation,
an EU type-approval certificate, as defined in Article 3(32) of the tractor type-approval Regulation, or
an EU type-approval certificate, as defined in Article 3(5) of the motorcycle type approval Regulation,
whether issued before IP completion day or, in accordance with that legislation as it has effect in EU law, on or after IP completion day;
“relevant regulations” means—
regulations made under section 54 of this Act, or
regulations made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972 in relation to the regulation of the type, description, construction or equipment of vehicles, or of parts of vehicles, or in relation to any vehicle type-approval scheme.
(2) Where the Secretary of State approves a vehicle as a type vehicle he must issue a certificate (in this Part of this Act referred to as a “type approval certificate”) stating that the vehicle complies with the relevant type approval requirements or (as the case may be) the relevant European type approval requirements, and specifying—
(a) the permitted variations from the type vehicle, and
(b) the design weights for vehicles so conforming in all respects and for vehicles so conforming with any such variations.
(2A) If a type approval certificate is issued for a vehicle following approval under subsection (1D), the certificate is valid for a period of two years beginning with the date on which it is issued (unless it is cancelled or suspended under section 56).
(3) In the following provisions of this section and in sections 56 to 59 of this Act “conform” means conform in all respects or with any permitted variation.
(4) Subject to subsection (6) below, a type approval certificate may be issued for a type vehicle where the Secretary of State is satisfied that—
(a) one or more, but not all, of the relevant type approval requirements, or
(b) one or more, but not all, of the relevant European type approval requirements,
are complied with in the case of that vehicle.
(5) A further type approval certificate may be issued by virtue of subsection (4) above on the application of any person—
(a) who manufactures any part of the vehicle, or
(b) by whom the vehicle is finally assembled;
and references in the following provisions of this section and in sections 56 to 59 of this Act to a manufacturer shall be construed accordingly.
(6) The first type approval certificate issued for a type vehicle by virtue of subsection (4) above must specify the design weights for conforming vehicles, and accordingly—
(a) so much of subsection (2) above or section 57 (1) to (3) of this Act as requires the Secretary of State or a manufacturer to specify in any certificate under this or that section the design weights or plated weights for a vehicle or as requires the Secretary of State or a manufacturer to mark or secure the marking of the plated weights on a vehicle does not apply to a subsequent type approval certificate issued by virtue of subsection (4) above or to the certificates of conformity issued in consequence of such a type approval certificate, and
(b) so much of section 58 (2) of this Act as requires the Secretary of State to specify in any certificate issued by him the design weights and plated weights for a vehicle or to secure that the plated weights are marked on a vehicle does not apply to a Minister’s approval certificate issued by virtue of subsection (4) above.
(7) Subsection (6) above does not apply in relation to vehicle parts.
(8) Where the Secretary of State determines on an application under this section not to issue a type approval certificate in respect of a vehicle, he must give to the applicant a written notification of the determination, stating the grounds on which it is based.
(9) In this section, “European type-approval requirements” means requirements prescribed in—
(a) regulations made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972 in relation to the regulation of the type, description, construction or equipment of vehicles, or of parts of vehicles, or in relation to any vehicle type approval scheme,
(b) the road vehicles type approval Regulation,
(c) the tractor type approval Regulation, or
(d) the motorcycle type approval Regulation.
56 Conditions of, and cancellation or suspension of, type approval certificates.
(1) A type approval certificate may be issued subject to conditions with respect to—
(a) the inspection by officers of the Secretary of State of vehicles purporting to conform with the type vehicle in the relevant aspects of design, construction, equipment and marking and of parts of such vehicles and their equipment, and the entry of premises where they are manufactured, and
(b) the notification by the manufacturer of differences of design, construction, equipment or marking (other than permitted variations) between any such vehicles and the type vehicle which might affect the type approval requirements or the criteria for determining the design weights of those vehicles.
(2) If—
(a) it appears to the Secretary of State that there has been a breach of a condition subject to which a type approval certificate has been granted, or
(b) the Secretary of State ceases to be satisfied as to any other matter relevant to a type approval certificate,
he may cancel or suspend the certificate, but the cancellation or suspension shall not affect the validity of any certificate of conformity previously issued in consequence of the type approval certificate.
(3) Where the Secretary of State cancels or suspends a certificate in pursuance of this section, he shall give a written notification of that fact to the holder of the certificate stating the grounds for the cancellation or suspension.
(1) The manufacturer of a type vehicle in respect of which a type approval certificate is in force may issue, in respect of each vehicle manufactured by him which conforms with the type vehicle in such of the relevant aspects of design, construction, equipment and marking as are mentioned in the type approval certificate, a certificate ...—
(a) stating that it does so conform, and
(b) specifying the design weights for the vehicle,
and must in the case of goods vehicles of such classes as may be prescribed specify in the certificate one or more of the plated weights for the vehicle.
(1ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1ZB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1ZC) If a manufacturer has a type approval certificate issued by the Secretary of State following approval under section 55(1A) or 55(1D), a relevant European certificate of conformity issued by the manufacturer in respect of each vehicle that conforms to the type vehicle in question is to be treated as a certificate issued under subsection (1).
(1ZD) In subsection (1ZC) “relevant European certificate of conformity” means—
(a) a certificate of conformity issued before IP completion day by a manufacturer under any provision of the law of a member State other than the United Kingdom giving effect to Article 18 of the road vehicles type approval Directive,
(b) a certificate of conformity issued before IP completion day under Article 36 of the road vehicles type approval Regulation,
(c) a certificate of conformity issued before IP completion day under Article 33 of the tractor type approval Regulation, or
(d) a certificate of conformity issued before IP completion day under Article 38 of the motorcycle type approval Regulation, or
(e) a certificate of conformity issued on or after IP completion day under that law, Article 36, Article 33 or Article 38 as it has effect at that time.
(1A) In this Part of this Act, “certificate of conformity” means a certificate issued under subsection (1) above, except—
(a) in the expression “EU certificate of conformity”;
(b) in the definition of that expression in section 85 of this Act;
(c) in the expression “relevant European certificate of conformity”; and
(d) in the definition of that expression in subsection (1ZD).
(2) Where a manufacturer issues a certificate of conformity for a goods vehicle, the Secretary of State must—
(a) on an application made by any person containing such information as he may require with respect to the proposed circumstances of operation of the goods vehicle, and
(b) on production of that certificate,
specify in the certificate any plated weights for the goods vehicle not so specified by the manufacturer.
(3) Where a manufacturer issues a certificate of conformity for a goods vehicle then—
(a) if he is required by subsection (1) above to specify any plated weights for the goods vehicle in the certificate, he must mark those weights on the goods vehicle by means of a plate fixed to it, and
(b) in any other case the Secretary of State must on an application for the purpose secure that those weights are so marked.
(4) Any certificate of conformity issued in consequence of any type approval certificate issued by virtue of section 55(4) of this Act shall relate only to the requirement or requirements to which that type approval certificate relates.
(5) Subsections (2) and (3) above do not apply in relation to vehicle parts.
(1) Where the Secretary of State is satisfied, on application made to him by any person in respect of a vehicle of a class to which regulations under section 54 of this Act apply and after examination of the vehicle, that—
(a) the vehicle complies with the relevant type approval requirements or (as the case may be) the relevant European type approval requirements, and
(b) in the case of a goods vehicle, the Secretary of State has sufficient information to enable the plated weights to be ascertained for the vehicle,
he may issue a certificate (in this Part of this Act referred to as a “Minister’s approval certificate”).
(2) The certificate must state that the vehicle complies with those requirements and specify—
(a) its design weights, and
(b) in the case of a goods vehicle, its plated weights,
and, where the Secretary of State issues such a certificate in respect of a goods vehicle, he must secure that the plated weights are marked on the vehicle by means of a plate fixed to it.
(3) Where by virtue of section 57(4) of this Act a certificate of conformity issued in respect of a vehicle relates to—
(a) one or more, but not all, of the relevant type approval requirements, or
(b) one or more, but not all, of the relevant European type approval requirements,
the Secretary of State may issue in respect of that vehicle a Minister's approval certificate relating to one or more of the other relevant type approval requirements or (as the case may be) one or more of the other relevant European type approval requirements.
(4) Where—
(a) a Minister’s approval certificate is given as respects a vehicle, and
(b) the Secretary of State is satisfied—
(i) on the application of the manufacturer of the vehicle or, in the case of an imported vehicle, the importer of the vehicle, and
(ii) after the consideration of such evidence as he thinks necessary,
that another vehicle manufactured by that manufacturer or, as the case may be, imported by that importer conforms with the first mentioned vehicle as respects the relevant aspects of design, construction, equipment and marking,
the Secretary of State may issue a Minister’s approval certificate in respect of that other vehicle without examining it.
(5) Where the Secretary of State issues such a certificate by virtue of subsection (4) above, he must specify the plated weights which are to be marked on the other vehicle.
(6) Subsection (4) above shall apply in relation to vehicles brought into Great Britain from Northern Ireland as it applies in relation to imported vehicles, and references in that subsection to the importer shall be construed accordingly.
(7) Where the Secretary of State determines on an application under this section not to issue a Minister’s approval certificate in respect of a vehicle, he must give to the applicant a written notification of the determination, stating the grounds on which it is based.
(8) In this section, “European type approval requirements” has the same meaning as in section 55.
59 Supplementary provisions as to certificates of conformity and Minister’s approval certificates.
(1) The Secretary of State may by regulations require that prescribed alterations—
(a) in any of the relevant aspects of design, construction, equipment or marking, or
(b) in any such aspect which affects the plated weight,
made to any vehicle for which a certificate of conformity or a Minister’s approval certificate is issued shall, subject to any exemption granted under subsection (2) below, be notified to the Secretary of State.
(2) The Secretary of State may by notice in writing given to the manufacturer of vehicles or to the owner of a vehicle for which a Minister’s approval certificate is issued—
(a) direct that any specified alteration in any of the aspects mentioned in subsection (1) above to a vehicle to which the direction relates shall be notified to the Secretary of State,
(b) exempt a vehicle to which the notice relates from all or any of the requirements of regulations under subsection (1) above, subject to compliance with any conditions specified in the notice.
(3) Without prejudice to the provisions of section 61 of this Act, the Secretary of State may by regulations require that a certificate of conformity or Minister’s approval certificate issued for any vehicle shall specify—
(a) the regulations, if any, applicable to the vehicle under subsection (1) above at the time of the issue of the certificate,
(b) any additional alteration to that vehicle required by any direction under subsection (2) above to be notified to the Secretary of State, and
(c) any exemption applicable to that vehicle under that subsection.
(4) A certificate of conformity or a Minister’s approval certificate specifying any plated weights shall be treated for the purposes of the provisions of this Part of this Act and any regulations made under them relating to plating certificates (except section 50 (1) and (2) of this Act) as a plating certificate.
This subsection does not apply in relation to vehicle parts.
(1) A person aggrieved by the determination made on behalf of the Secretary of State with respect to a type approval certificate, a certificate of conformity or a Minister’s approval certificate under sections 54 to 59 of this Act, including any determination with respect to design weights or plated weights, may within the prescribed time and in the prescribed manner appeal to the Secretary of State.
(2) On the appeal the Secretary of State—
(a) shall have the like powers and duties as he has on an original application for a type approval or a Minister’s approval certificate or in respect of the plated weights to be included in a certificate of conformity,
(b) may hold an inquiry in connection with it, and
(c) may appoint an assessor for the purpose of assisting him with the appeal or any such inquiry.
61 Regulations for the purposes of sections 54 to 60.
(1) The Secretary of State may make regulations for the purposes of sections 54 to 60 of this Act.
(2) Without prejudice to the generality of subsection (1) above, such regulations—
(a) may provide for the examination of any vehicle in respect of which a certificate of conformity or a Minister’s approval certificate is in force in the event of an alteration being made to the vehicle which is notifiable by virtue of section 59(1) or (2) of this Act and, in particular, may empower a . . . vehicle examiner to require the vehicle to be examined at a testing station provided under section 52, 62 or 72 of this Act,
(b) may authorise the cancellation, suspension or amendment of a certificate of conformity or a Minister’s approval certificate on an examination of any vehicle in pursuance of regulations made by virtue of paragraph (a) above,
(c) shall give a right of appeal to any person aggrieved by a determination on any such examination and for that purpose may apply section 50(1) to (4) of this Act,
(d) may containthe like provisions with respect to any such examination and any appeal brought by virtue of paragraph (c) above as may be contained in regulations made by virtue of paragraphs (b), (c), (g) and (h) of section 51(1) of this Act in relation to the examinations and appeals there mentioned;
(e) may require the payment of fees or other charges in connection with the provision by the Secretary of State of services or facilities or the issue by him of certificates and other documents,
(f) may provide—
(i) for the authorisation of persons to carry out examinations, in connection with the issue of type approval certificates, of vehicles or vehicle parts of such classes as may be specified in the regulations,
(ii) for the imposition of conditions to be complied with by persons so authorised, and
(iii) for the withdrawal of authorisations,
(g) may make provision as to the form of, and particulars to be contained in, certificates of conformity and provide for the supply by the Secretary of State of forms for such certificates,
(h) may provide for the issue of replacements for plates fixed to vehicles under sections 54 to 58 of this Act, certificates of conformity and Minister’s approval certificates which have been lost or defaced and provide for the payment of a fee for their issue,
(j) may require persons empowered by sections 54 to 58 of this Act to issue certificates of conformity to keep records—
(i) of certificates of conformity issued by them, and
(ii) of the vehicles or vehicle parts in respect of which such certificates are issued,
and may authorise the inspection of such records by such persons and in such circumstances as may be prescribed, and
(k) may make different provisions for different cases.
(3) Without prejudice to any regulations made by virtue of section 51(1)(c) of this Act, as applied by this section, the Secretary of State may give directions with respect to the manner in which examinations to which such regulations apply are to be carried out.
(4) Where regulations under this section impose the like requirement as may be imposed by regulations made by virtue of section 51(1)(c)(ii) of this Act, the regulations may provide that a person who contravenes or fails to comply with a requirement so imposed is guilty of an offence.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Secretary of State may provide and maintain stations where examinations of vehicles under sections 54 to 61 of this Act or regulations under those sections may be carried out and may provide and maintain the apparatus for carrying out such examinations.
(2) Where an agreement entered into between Her Majesty’s Government and the Government of a country outside Great Britain provides for the recognition in Great Britain of arrangements under the law of that country with respect to the approval of the design, construction, equipment or marking of vehicles of any description manufactured in that country, the Secretary of State may make regulations—
(a) applying, with such adaptations and modifications as he thinks fit, all or any of the provisions of sections 54 to 60 of this Act and of regulations under section 61 of this Act, so far as relating to type approval certificates and certificates of conformity, to vehicles of that description manufactured in that country,
(b) providing that a certificate issued under any such provision as so applied shall be treated for the purposes of any other provisions of this Part of this Act prescribed by the regulations as a type approval certificate or as a certificate of conformity,
(c) providing for the cancellation or suspension (subject to any savings prescribed by the regulations) of any such certificate in the event of the agreement ceasing to be in force or being modified.
(3) Except in the case of vehicles of such class as may be prescribed, in sections 57, 58 and 61 of this Act “goods vehicle” includes a vehicle which is a chassis for, or will otherwise form part of, a vehicle which when completed will be a goods vehicle.
63 Obligatory type approval certificates, certificates of conformity and Minister’s approval certificates.
(1) If—
(a) any person at any time on or after the day appointed by regulations made by the Secretary of State in relation to vehicles or vehicle parts of a prescribed class, being vehicles or vehicle parts to which type approval requirements prescribed by those regulations apply—
(i) uses on a road, or
(ii) causes or permits to be so used,
a vehicle of that class or a vehicle to which is fitted a vehicle part of that class, and
(b) it does not appear from one or more certificates then in force under sections 54 to 58 of this Act that the vehicle or vehicle part complies with those requirements,
he is guilty of an offence.
Different days may be appointed under this subsection in relation to different classes of vehicles or vehicle parts.
(1A) For the purposes of subsection (1) above a vehicle shall be taken to comply with all relevant type approval requirements if an EU certificate of conformity has effect with respect to the vehicle.
(2) If a plating certificate—
(a) has been issued for a goods vehicle to which section 53(1) of this Act or subsection (1) above applies, but
(b) does not specify a maximum laden weight for the vehicle together with any trailer which may be drawn by it,
any person who on or after the relevant date within the meaning of section 53(1) of this Act or, as the case may be, the day appointed under subsection (1) above uses the vehicle on a road for drawing a trailer, or causes or permits it to be so used, is guilty of an offence.
(3) Any person who—
(a) uses a vehicle on a road, or
(b) causes or permits a vehicle to be so used,
when an alteration has been made to the vehicle or its equipment which is required by regulations or directions under section 59 of this Act to be, but has not been, notified to the Secretary of State is guilty of an offence.
(4) In any proceedings for an offence under subsection (3) above, it shall be a defence to prove that the regulations were not or, as the case may be, the alteration was not, specified in the relevant certificate of conformity or Minister’s approval certificate in accordance with regulations under section 59(3) of this Act.
(5) The Secretary of State may make provision for securing that, subject to such restrictions and conditions as may be specified by or under the instrument by which the provision is made—
(a) the use of vehicles is exempted from all or any of the preceding provisions of this section for purposes specified in the instrument or in such an area as is so specified,
(b) goods vehicles are exempted from the provisions of subsection (2) above, and
(c) there are issued in respect of vehicles or vehicle parts, in such circumstances as may be specified in the instrument, certificates of temporary exemption exempting the vehicles or vehicle parts from the provisions of subsection (1) above for such period as may be provided in the certificate.
(6) Subject to subsection (7) below, the power conferred by subsection (5) above is exercisable by regulations.
(7) That power is exercisable by order in relation to—
(a) specified vehicles, or
(b) vehicles of specified persons;
and an order under this subsection may be varied or revoked by a subsequent order of the Secretary of State.
63A Alteration of plated weights for goods vehicles without examination.
(1) The Secretary of State may by regulations make provision—
(a) for the determination, in such circumstances as may be prescribed, of the plated weights (or any of the plated weights) for goods vehicles of any prescribed class otherwise than on an examination under regulations made under section 49 or 61 of this Act; and
(b) for the amendment of any approval certificate in force in respect of a vehicle of any such class so as to specify the weights determined for that vehicle under the regulations in place of any weights superseded by those weights or the cancellation of any such certificate and the issue in place of it of a different certificate specifying the weights so determined in place of any weights so superseded.
(2) Any person aggrieved by a determination of plated weights for a goods vehicle under regulations made under this section may appeal to the Secretary of State and on the appeal the Secretary of State shall cause the vehicle to be examined by an officer of the Secretary of State appointed by him for the purpose and shall make such determination on the basis of the examination as he thinks fit.
(3) Without prejudice to the generality of subsection (1) above, regulations under this section—
(a) may provide for the determination of any plated weights for a goods vehicle under the regulations to be made by the Secretary of State or by the prescribed testing authority;
(b) may contain the like provisions with respect to any appeal brought by virtue of subsection (2) above and any examination on any such appeal as may be contained in any regulations made by virtue of paragraphs (c), (g) and (h) of section 51(1) of this Act in relation to an appeal under section 50(1) and any examination on any such appeal;
(c) may specify the manner in which, and the time before or within which, applications may be made for the determination of plated weights of vehicles under the regulations, and the information to be supplied and documents to be produced on any such application;
(d) may make provision as to the fees to be paid on any such application;
(e) may provide for the issue of replacements for any plates fixed to a vehicle specifying weights superseded by weights specified in an approval certificate amended under the regulations or in any certificate issued under the regulations in place of an approval certificate, and for the payment of a fee for their issue; and
(f) may make different provision for different cases.
(4) In this section “approval certificate” means a plating certificate and any certificate of conformity or Minister’s approval certificate specifying any plated weights.
(5) Any certificate issued in respect of a goods vehicle under regulations made under this section in replacement of an approval certificate of any description mentioned in subsection (4) above—
(a) shall be in the form appropriate for an approval certificate of that description;
(b) shall be identical in content with the certificate it replaces, save for any alterations in the plated weights authorised by the regulations; and
(c) shall be treated for the purposes of this Part of this Act (including this section) and any regulations made under any provision of this Part of this Act as if it were the same certificate as the certificate it replaces;
and any plate so issued in replacement of a plate fixed to the vehicle under section 57 or 58 of this Act shall, when fixed to the vehicle, be treated as so fixed under that section.
64 Using goods vehicle with unauthorised weights as well as authorised weights marked on it.
(1) If there is fixed to a goods vehicle a plate containing plated weights of any description—
(a) determined for that vehicle by virtue of sections 49 to 52 of this Act, or
(b) specified in a certificate for that vehicle under section 57(1) or (2) or 58(2) or (5) of this Act,
the vehicle shall not, while it is used on a road, be marked with any other weights, except other plated weights, other weights required or authorised to be marked on the vehicle by regulations under section 41 of this Act or weights so authorised for the purposes of this section by regulations made by the Secretary of State and marked in the prescribed manner.
(2) In the event of a contravention of or failure to comply with this section the owner of the vehicle is guilty of an offence.
65 Vehicles and parts not to be sold without required certificate of conformity or Minister’s approval certificate.
(1) If—
(a) any person at any time on or after the day appointed by regulations under section 63(1) of this Act supplies a vehicle or vehicle part of a class to which those regulations apply, and
(b) it does not appear from one or more certificates in force at that time under sections 54 to 58 of this Act that the vehicle or vehicle part complies with all the relevant type approval requirements prescribed by those regulations,
he is guilty of an offence.
(1A) For the purposes of subsection (1) above a vehicle shall be taken to comply with all relevant type approval requirements if an EU certificate of conformity has effect with respect to the vehicle.
(2) In this section references to supply include—
(a) sell,
(b) offer to sell or supply, and
(c) expose for sale.
(3) A person shall not be convicted of an offence under this section in respect of the supply of a vehicle or vehicle part if he proves—
(a) that it was supplied for export from Great Britain,
(b) that he had reasonable cause to believe that it would not be used on a road in Great Britain or, in the case of a vehicle part, that it would not be fitted to a vehicle used on a road in Great Britain or would not be so used or fitted until it had been certified under sections 54 to 58 of this Act, or
(c) that he had reasonable cause to believe that it would only be used for purposes or in any area prescribed by the Secretary of State under section 63(5) of this Act or, in the case of a goods vehicle, under section 53(5) of this Act.
(4) Nothing in subsection (1) above shall affect the validity of a contract or any rights arising under or in relation to a contract.
66 Regulations prohibiting the grant of excise licences for certain vehicles except on compliance with certain conditions.
(1) The Secretary of State may by regulations provide that where—
(a) application is made for a licence under the Vehicle Excise and Registration Act 1994 for a vehicle to which section 47 of this Act applies, and
(b) in the case of an application relating to a vehicle to which that section applies by virtue of subsection (2)(b) of that section, it appears from the application that the vehicle has been used on roads (whether in Great Britain or elsewhere) before the date of the application,
the licence shall not be granted unless one of the following conditions is satisfied.
(2) Those conditions are that—
(a) there is produced such evidence as may be prescribed of the granting of an effective test certificate or (if it is so prescribed) there is produced such a certificate or the Secretary of State is provided with a copy of it, or
(aa) the records maintained under section 45(6B) of this Act provide evidence of the granting of an effective test certificate, or
(b) there is made such a declaration as may be prescribed that the vehicle is not intended to be used during the period for which the licence is to be in force except for a purpose prescribed under subsection (6), or in an area prescribed under subsection (7), of section 47, or
(c) in the case of an application relating to a vehicle to which section 47 applies by virtue of subsection (2)(b) of that section, the owner of the vehicle declares in writing the year in which the vehicle was manufactured, and the specified period from the date of manufacture has not expired.
(3) The Secretary of State may by regulations provide that where application is made for a licence under the Vehicles (Excise) Act 1971 for a goods vehicle to which section 53(2) of this Act applies or for a vehicle of any class to which section 63(1) of this Act applies, the licence shall not be granted unless the requirements of subsection (4), subsection (5) or subsection (6) below are satisfied.
(4) The requirements of this subsection are that—
(a) on any application, after the relevant date within the meaning of section 53(2), for a licence for a vehicle to which section 53(2) applies, there is produced evidence that an effective goods vehicle test certificate is in force for the vehicle,
(b) on the first application, after the day appointed by regulations made by virtue of section 63(1), for a licence for a vehicle of any class to which those regulations apply, there is produced evidence that there is or are one or more certificates in force for the vehicle under sections 54 to 58 of this Act from which it appears that the vehicle complies with all the relevant type approval requirements prescribed by those regulations.
(4A) In relation to any application referred to in subsection (3) above the requirement set out in subsection (4)(b) above shall be taken to be satisfied if there is produced evidence that an EU certificate of conformity has effect with respect to the vehicle.
(5) The requirements of this subsection are that there is made such a declaration as may be prescribed that the vehicle is not intended to be used during the period for which the licence is to be in force except for a purpose or in an area prescribed under paragraph (a) of section 53(5) or 63(5) of this Act.
(6) The requirements of this subsection are that there is produced in respect of the vehicle a certificate of temporary exemption issued by virtue of paragraph (b) of section 53(5) or paragraph (c) of section 63(5) which exempts that vehicle from the provisions of section 53(2) or 63(1) of this Act, as the case may be, for a period which includes the date on which the licence is to come into force.
(7) Regulations under subsection (3) above may be made so as to apply to such classes only of vehicles as may be specified in the regulations.
(8) For the purposes of this section the date of manufacture of a vehicle shall be taken to be the last day of the year during which its final assembly is completed, except where after that day modifications are made to the vehicle before it is sold or supplied by retail, and in that excepted case shall be taken to be the last day of the year during which the modifications are completed.
(9) In this section—
“appropriate period” has the same meaning as in section 47 of this Act,
“effective goods vehicle test certificate” means, in relation to an application for a licence for a vehicle, a goods vehicle test certificate relating to the vehicle which will be in force on the date on which the licence is to come into force,
“effective test certificate” means, in relation to an application for a licence for a vehicle, a test certificate relating to the vehicle and issued within the appropriate period before the date on which the licence is to come into force,
“specified period” means the period for the time being specified in section 47(2)(a) and (b) of this Act.
(1) The Secretary of State shall appoint such examiners as he considers necessary for the purpose of carrying out the functions conferred on them by this Part of this Act, the Goods Vehicles (Licensing of Operators) Act 1995, the Public Passenger Vehicles Act 1981, the Transport Act 1968 and any other enactment.
(2) An examiner appointed under this section shall act under the general directions of the Secretary of State.
(3) In this Part of this Act “vehicle examiner” means an examiner appointed under this section.
(1) The Secretary of State shall appoint such officers as the Secretary of State considers necessary for the purpose of exercising the powers conferred on them by—
(a) this Part of this Act;
(b) the Goods Vehicles (Licensing of Operators) Act 1995;
(c) the Public Passenger Vehicles Act 1981;
(d) the Transport Act 1968;
(e) any other enactment.
(2) An officer appointed under this section shall act under the general directions of the Secretary of State.
(3) The Secretary of State must not appoint a person under this section unless the Secretary of State is satisfied that—
(a) the person is a suitable person to exercise the powers of a stopping officer;
(b) the person is capable of effectively exercising those powers; and
(c) the person has received adequate training for the exercise of those powers.
(4) A power exercisable by virtue of an appointment under this section is exercisable only by a person wearing such uniform as may be determined or approved for the purposes of this section by the Secretary of State.
(5) In this Part “stopping officer” means an officer appointed under this section.
(1) A person commits an offence if the person, with intent to deceive, impersonates a stopping officer or makes any statement or does any act calculated falsely to suggest that the person is a stopping officer.
(2) A person commits an offence if the person resists or wilfully obstructs a stopping officer who is exercising the powers of a stopping officer.
(1) An authorised examiner may test a motor vehicle on a road for the purpose of—
(a) ascertaining whether the following requirements, namely—
(i) the construction and use requirements, and
(ii) the requirement that the condition of the vehicle is not such that its use on a road would involve a danger of injury to any person,
are complied with as respects the vehicle;
(b) bringing to the notice of the driver any failure to comply with those requirements.
(2) For the purpose of testing a vehicle under this section the examiner—
(a) may require the driver to comply with his reasonable instructions, and
(b) may drive the vehicle.
(3) Subject to subsection (3A)A vehicle shall not be required to stop for a test except by a constable in uniform.
(3A) A stopping officer may direct the driver of a vehicle to stop the vehicle for the purposes of a test if the vehicle appears to the officer to be one to which subsection (3B) could apply.
(3B) This subsection applies to—
(a) vehicles—
(i) in categories M2 and M3,
(ii) in categories O3 and O4,
as defined in Article 4 of the road vehicles type approval Regulation,
(b) vehicles in categories N2 and N3, as defined in article 2(1) of Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers, and
(c) vehicles in category T, as defined in Article 4(1) of the tractor type approval Regulation.
(4) The following persons may act as authorised examiners for the purposes of this section and section 67A of this Act—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) a person appointed as an examiner under section 66A of this Act,
(c) a person appointed to examine and inspect public carriages for the purposes of the Metropolitan Public Carriage Act 1869,
(d) a person appointed to act for the purposes of this section by the Secretary of State,
(e) a constable authorised so to act by or on behalf of a chief officer of police,...
(ea) a person appointed by a chief officer of police in England or Wales (other than the Commissioner of Police for the City of London) to act, under the directions of that chief officer, for the purposes of this section, and
(f) a person appointed by the police authority ... in Scotland, or by the Common Council of the City of London, to act, under the directions of the chief officer of police, for the purposes of this section.
(5) A person mentioned in subsection (4)(a) to (d) , (ea) and (f) must produce his authority to act for the purposes of this section if required to do so.
(6) On the examiner proceeding to test a vehicle under this section, the driver may, unless the test is required under subsection (7) or (8) below to be carried out forthwith, elect that the test shall be deferred to a time, and carried out at a place, fixed in accordance with Schedule 2 to this Act, and the provisions of that Schedule shall apply accordingly.
(7) Where it appears to —
(a) a constable, or
(a) in the case of a vehicle to which subsection (3B) applies, a stopping officer,
that, by reason of an accident having occurred owing to the presence of the vehicle on a road, it is requisite that a test should be carried out forthwith, the constable or stopping officer may require it to be so carried out and, if the constable or stopping officer is not to carry it out himself, may require that the vehicle shall not be taken away until the test has been carried out.
(8) Where in the opinion of —
(a) a constable, or
(b) in the case of a vehicle to which subsection (3B) applies, a stopping officer,
the vehicle is apparently so defective that it ought not to be allowed to proceed without a test being carried out, the constable or stopping officer may require the test to be carried out forthwith.
(9) If a person obstructs an authorised examiner acting under this section, or fails to comply with a requirement of this section or Schedule 2 to this Act, he is guilty of an offence.
(9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) In this section and in Schedule 2 to this Act—
(a) “test” includes “inspect” or “inspection”, as the case may require, and
(b) references to a vehicle include references to a trailer drawn by it.
68 Inspection of public passenger vehicles and goods vehicles.
(1) A vehicle examiner—
(a) may at any time, on production if so required of his authority, inspect any vehicle to which this section applies and for that purpose detain the vehicle during such time as is required for the inspection, and
(b) may at any time which is reasonable having regard to the circumstances of the case enter any premises on which he has reason to believe that such a vehicle is kept.
(2) The power conferred by subsection (1) above to inspect a vehicle includes power to test it and to drive it for the purpose of testing it.
(3) A person who intentionally obstructs an examiner in the exercise of his powers under subsection (1) above is guilty of an offence.
(4) A vehicle examiner or a constable in uniform may at any time require any person in charge of a vehicle to which this section applies and which is stationary on a road to proceed with the vehicle for the purpose of having it inspected under this section to any place where an inspection can be suitably carried out (not being more than five miles from the place where the requirement is made).
(5) A person in charge of a vehicle who refuses or neglects to comply with a requirement made under subsection (4) above is guilty of an offence.
(6) This section applies to—
(a) goods vehicles,
(b) public service vehicles, and
(c) motor vehicles which are not public service vehicles but are adapted to carry more than eight passengers;
but subsection (1)(b) above shall not apply in relation to vehicles within paragraph (c) above or in relation to vehicles used to carry passengers for hire or reward only under permits granted under section 19 or 22 of the Transport Act 1985 (use of vehicles by educational and other bodies or in providing community bus services).
(1) If on any inspection of a vehicle under section 41, 45, 49, 61, 67, 68 or 77 of this Act it appears to a vehicle examiner or authorised inspector that owing to any defects in the vehicle it is, or is likely to become, unfit for service, he may prohibit the driving of the vehicle on a road—
(a) absolutely, or
(b) for one or more specified purposes, or
(c) except for one or more specified purposes.
(2) If on any inspection of a vehicle under any of the enactments mentioned in subsection (1) above it appears to an authorised constable that owing to any defects in the vehicle driving it (or driving it for any particular purpose or purposes or for any except one or more particular purposes) would involve a danger of injury to any person, he may prohibit the driving of the vehicle on a road—
(a) absolutely, or
(b) for one or more specified purposes, or
(c) except for one or more specified purposes.
(3) A prohibition under this section shall come into force as soon as the notice under subsection (6) below has been given if—
(a) it is imposed by an authorised constable, or
(b) in the opinion of the vehicle examiner or authorised inspector imposing it the defects in the vehicle in question are such that driving it, or driving it for any purpose within the prohibition, would involve a danger of injury to any person.
(4) Except where subsection (3) applies, a prohibition under this section shall (unless previously removed under section 72 of this Act) come into force at such time not later than ten days from the date of the inspection as seems appropriate to the vehicle examiner or authorised inspector imposing the prohibition, having regard to all the circumstances.
(5) A prohibition under this section shall continue in force until it is removed under section 72 of this Act.
(6) A person imposing a prohibition under this section shall forthwith give notice in writing of the prohibition to the person in charge of the vehicle at the time of the inspection—
(a) specifying the defects which occasioned the prohibition;
(b) stating whether the prohibition is on all driving of the vehicle or driving it for one or more specified purposes or driving it except for one or more specified purposes (and, where applicable, specifying the purpose or purposes in question); and
(c) stating whether the prohibition is to come into force immediately or at the end of a specified period.
(7) Where a notice has been given under subsection (6) above, any vehicle examiner or authorised inspector or authorised constable may grant an exemption in writing for the use of the vehicle in such manner, subject to such conditions and for such purpose as may be specified in the exemption.
(8) Where such a notice has been given, any vehicle examiner or authorised inspectoror authorised constable may by endorsement on the notice vary its terms and, in particular, alter the time at which the prohibition is to come into force or suspend it if it has come into force.
(9) In this section “authorised constable” means a constable authorised to act for the purposes of this section by or on behalf of a chief officer of police.
(1) Where it appears to the person imposing a prohibition under section 69 of this Act that the vehicle is adapted to carry more than eight passengers, or is a public service vehicle not so adapted, the prohibition may be imposed with a direction making it irremovable unless and until the vehicle has been inspected at an official PSV testing station within the meaning of the Public Passenger Vehicles Act 1981.
(2) Where it appears to that person that the vehicle is of a class to which regulations under section 49 of this Act apply, the prohibition may be imposed with a direction making it irremovable unless and until the vehicle has been inspected at an official testing station.
(3) Where it appears to that person that the vehicle is one to which section 47 of this Act applies, or would apply if the vehicle had been registered under the Vehicle Excise and Registration Act 1994 more than three years earlier, the prohibition may be imposed with a direction making it irremovable unless and until the vehicle has been inspected, and a test certificate issued, under section 45 of this Act.
(4) In any other case, the prohibition may be imposed with a direction making it irremovable unless and until the vehicle has been inspected in accordance with regulations under section 72 of this Act by a vehicle examiner or authorised constable (within the meaning of section 69 of this Act).
70 Power to prohibit driving of overloaded goods vehicles.
(1) Subsections (2) and (3) below apply where a goods vehicle , or a motor vehicle adapted to carry more than eight passengers, has been weighed in pursuance of a requirement imposed under section 78 of this Act and it appears to—
(a) a vehicle examiner,
(b) a person authorised with the consent of the Secretary of State to act for the purposes of this subsection by—
(i) a highway authority other than the Secretary of State, or
(ii) a local roads authority in Scotland, or
(c) a constable authorised to act for those purposes by or on behalf of a chief officer of police,
that the limit imposed by construction and use requirements with respect to any description of weight which is applicable to that vehicle has been exceeded or would be exceeded if it were used on a road or that by reason of excessive overall weight or excessive axle weight on any axle driving the vehicle would involve a danger of injury to any person.
(2) The person to whom it so appears may, whether or not a notice is given under section 69(6) of this Act, give notice in writing to the person in charge of the vehicle prohibiting the driving of the vehicle on a road until—
(a) that weight is reduced to that limit or, as the case may be, so that it is no longer excessive, and
(b) official notification has been given to whoever is for the time being in charge of the vehicle that it is permitted to proceed.
(3) The person to whom it so appears may also by direction in writing require the person in charge of the vehicle to remove it (and, if it is a motor vehicle drawing a trailer, also to remove the trailer) to such place and subject to such conditions as are specified in the direction; and the prohibition shall not apply to the removal of the vehicle or trailer in accordance with that direction.
(4) Official notification for the purposes of subsection (2) above—
(a) must be in writing and be given by a vehicle examiner, a person authorised as mentioned in subsection (1) above or a constable authorised as so mentioned, and
(b) may be withheld until the vehicle has been weighed or reweighed in order to satisfy the person giving the notification that the weight has been sufficiently reduced.
(5) Nothing in this section shall be construed as limiting the power of the Secretary of State to make regulations under section 71(2) of this Act.
(1) A person who—
(a) drives a vehicle in contravention of a prohibition under section 69 or 70 of this Act, or
(b) causes or permits a vehicle to be driven in contravention of such a prohibition, or
(c) fails to comply within a reasonable time with a direction under section 70(3) of this Act,
is guilty of an offence.
(2) The Secretary of State may by regulations provide for exceptions from subsection (1) above.
(1) Subject to the following provisions of this section, a prohibition under section 69 or 70 of this Act may be removed by any vehicle examiner or authorised constable if he is satisfied that the vehicle is fit for service.
(2) If the prohibition has been imposed with a direction under section 69A(1) or (2) of this Act, the prohibition shall not be removed unless and until the vehicle has been inspected in accordance with the direction.
(3) If the prohibition has been imposed with a direction under section 69A(3) of this Act, subsection (1) above shall not apply; but the prohibition shall be removed, by such person as may be prescribed, if (and only if) any prescribed requirements relating to the inspection of the vehicle and the issue and production of a test certificate have been complied with.
(4) If the prohibition has been imposed with a direction under section 69A(4) of this Act, the prohibition shall not be removed unless and until any prescribed requirements relating to the inspection of the vehicle have been complied with.
(5) A person aggrieved by the refusal of a vehicle examiner or authorised constable to remove a prohibition may, within the prescribed time and in the prescribed manner, appeal to the Secretary of State.
(6) The Secretary of State may make such order on the appeal as he thinks fit.
(7) Where a vehicle examiner or authorised constable removes a prohibition, he must forthwith give notice of the removal to the owner of the vehicle.
(8) The Secretary of State may require the payment of fees, in accordance with prescribed scales and rates, for the inspection of a vehicle with a view to the removal of a prohibition; and—
(a) payment of fees may be required to be made in advance, and
(b) the Secretary of State must ensure that all the scales and rates prescribed for the purposes of this subsection are reasonably comparable with—
(i) in the case of goods vehicles, the fees charged by virtue of section 51(1)(h) in respect of periodic examination, and
(ii) in the case of other vehicles, the fees charged by virtue of section 46(c).
(9) The Secretary of State may make regulations for prescribing anything which may be prescribed under this section and for regulating the procedure, and fees payable, on appeals to him under subsection (5) above.
(10) In this section “authorised constable” means a constable authorised to act for the purposes of this section by or on behalf of a chief officer of police.
The Secretary of State may provide and maintain stations (in this Part of this Act referred to as “official testing stations”) where inspections of goods vehicles for the purposes of section 72 may be carried out and may provide and maintain the apparatus for carrying out such inspections.
(1) Where it appears to a person giving a notice under section 69(6) or 70(2) of this Act that the vehicle concerned is , by virtue of section 5 of the Goods Vehicles (Licensing of Operators) Act 1995, authorised to be used under an operator’s licence,, he must as soon as practicable take steps to bring the contents of the notice to the attention of—
(a) a traffic commissioner, and
(b) the holder of the licence if he is not in charge of the vehicle at the time when the notice is given.
(1ZA) Where in a case within subsection (1) above it appears to the person giving the notice that the vehicle is authorised to be used under two or more operators’ licences—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) if those licences are held by different persons and none of those persons is in charge of the vehicle at the time when the notice is given, his duty under paragraph (b) of that subsection may be discharged by taking steps to bring the contents of the notice to the attention of any one of those persons, and
(c) if those licences are held by different persons and any of those persons is in charge of the vehicle at the time when the notice is given, no steps need be taken under that subsection to bring the contents of the notice to the attention of the others.
(1A) Where it appears to a person giving a notice under section 69(6) or 70(2) of this Act that the vehicle concerned is used under a PSV operator’s licence, he must as soon as practicable take steps to bring the contents of the notice to the attention of—
(a) a traffic commissioner, and
(b) the holder of the licence if he is not in charge of the vehicle at the time when the notice is given.
(1B) In a case not within subsection (1) or subsection (1A) above, a person giving a notice under section 69(6) or 70(2) of this Act must as soon as practicable take steps to bring the contents of the notice to the attention of the owner of the vehicle if he is not in charge of it at the time when the notice is given.
(1C) A person giving a notice to the owner of a vehicle under section 72(7) of this Act must as soon as practicable take steps to bring the contents of the notice to the attention of any other person—
(a) who was the person to whom the previous notice under section 69(6) or 70(2) was given and was then the owner of the vehicle, or
(b) to whose attention the contents of the previous notice were required to be brought under this section.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Any reference in sections 69 to 72 of this Act to the driving of a vehicle is, in relation to a trailer, a reference to the driving of the vehicle by which the trailer is drawn.
(4) In this section “operator’s licence” has the same meaning as in the Goods Vehicles (Licensing of Operators) Act 1995; and “PSV operator’s licence” has the same meaning as in the Public Passenger Vehicles Act 1981.
(5) Schedule 4 to the Road Safety Act 2006 makes provision about the immobilisation of vehicles the driving of which has been prohibited under section 69 or 70 of this Act and about their removal and disposal.