Motor Vehicle Testing (Amendment) Regulations (Northern Ireland) 2000

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Motor Vehicle Testing (Amendment) Regulations (Northern Ireland) 2000 and shall come into operation on 19th June 2000.

(2) In these Regulations “the principal Regulations” means the Motor Vehicle Testing Regulations (Northern Ireland) 1995(1).

Amendments to regulation 2 (interpretation)

2.—(1) Regulation 2 of the principal Regulations shall be amended in accordance with paragraph (2).

(2) In paragraph (1)—

(a)for the definition of “the Construction and Use Regulations” there shall be substituted the following—

““Construction and Use Regulations” means the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999(2);”;

(b)after the definition beginning with the expression “agricultural motor vehicle” there shall be inserted the following—

““ambulance” means 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;”;

(c)after the definition of the expression “break-down vehicle” there shall be inserted the following—

• ““child restraint”, “disabled person’s belt”, “forward-facing seat” and “seat belt” have the meanings given by regulation 55(11) of the Construction and Use Regulations;”;

(d)for paragraph (a) in the definition of “design gross weight”, there shall be substituted the following—

“(a)in the case of a vehicle which is equipped with a plate in accordance with regulation 79 of the Construction and Use Regulations, the maximum gross weight shown on the plate in respect of item 7 of Part I of Schedule 11 to those Regulations;”.

Amendments to regulation 3 (the prescribed statutory requirements)

3.—(1) Regulation 3 of the principal Regulations shall be amended in accordance with paragraph (2).

(2) In the Table in paragraph (1), after item 4 there shall be inserted the following items—

Amendments to regulation 5 (classification of vehicles and application of Regulations)

4.—(1) Regulation 5 of the principal Regulations shall be amended in accordance with paragraphs (2) to (4).

(2) In paragraph (1) for the entries relating to Classes IV and V there shall be substituted—

(3) After paragraph (2) there shall be added the following paragraphs—

“(3) This paragraph applies to vehicles, in respect of which—

(a)a public service vehicle licence which includes an examination of the relevant seat belts has been issued on or after 19th June 2000; or

(b)a test certificate which includes an examination of the relevant seat belts has been issued under section 45 of the Road Traffic Act 1988(3) on or after 1st August 1998; or

(c)a certificate of initial fitness which includes an examination of the relevant seat belts has been issued on or after 1st August 1998; or

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

(i)an approval issued by or on behalf of the approval authority of an EEA State confirming compliance with the installation requirements of Community Directives 77/541(4), 82/319(5), 90/628(6), or 96/36(7); and

(ii)either—

(A)an approval issued by or on behalf of the approval authority of an EEA State confirming compliance with the technical and installation requirements of Community Directives 76/115(8), 81/575(9), 82/318(10), 90/629(11), or 96/38(12); or

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

(4) In this regulation—

• “approval authority” has the same meaning as in Community Directive 70/156(13);

• “certificate of initial fitness” has the same meaning as in section 6 of the Public Passenger Vehicles Act 1981(14);

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

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

• “EEA Agreement” means the agreement on the European Economic Area signed at Oporto on 2nd May 1992(15) as adjusted by the Protocol signed at Brussels on 17th March 1993(16);

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

• “the International Agreement” means the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 25th March 1958(17) as amended(18) to which the United Kingdom is a party(19); and

• “relevant seat belt” means a seat belt, not being a disabled person’s belt or a child restraint, which—

  (a)

  is fitted to a forward-facing seat other than as required by regulation 55 of the Construction and Use Regulations; and

  (b)

  on or after 19th June 2000 either—

  (i)

  has not undergone an examination and been found to comply with the prescribed statutory requirements referred to in item 34 in paragraph 5(c) of Schedule 2; or

  (ii)

  has undergone an examination and been found so to comply but is fitted in a vehicle in respect of which no test certificate has been issued to the effect that that is the case.

New regulation 9A (requirements as to vehicles submitted for examinations)

5.  After regulation 9 of the principal Regulations there shall be inserted the following new regulation—

“Requirements as to vehicles submitted for examinations

9A.—(1) On being notified in writing by the Department, the applicant shall present the vehicle for inspection in clean condition, together with the registration book and previous test certificate or licence, if any, at the time and centre specified in the notice.

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

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

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

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

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

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

(f)the vehicle, or any motor vehicle by which it is accompanied, emits substantial quantities of avoidable smoke; or

(g)an examiner is not able to complete the inspection due to the failure of a part of the vehicle, or any vehicle by which it is drawn or intended to be drawn, which renders the vehicle, or any such accompanying vehicle incapable of being moved in safety under the power of the vehicle or, as the case may be, of the accompanying vehicle.”.

Amendment to regulation 10 (application for re-examinations)

6.  After paragraph (4) of regulation 10 of the principal Regulations there shall be inserted—

“(5) Where an application is made under paragraph (2) within 21 days from the date of service of the notice and the vehicle is presented for re-examination on a date and a time appointed by the Department, and some or all of the statutory requirements which were not complied with in the original examination relate to item 34 in paragraph 5(c) of Schedule 2, the fee payable is the appropriate fee determined in accordance with paragraph 3 of Schedule 1.”.

Amendment to regulation 17 (duplicate test certificates)

7.  In paragraph (2) of regulation 17 of the principal Regulations, for the words “paragraph 5 of Schedule 1” there shall be substituted “paragraph 6 of Schedule 1”.

Amendment to regulation 21 (fee payable for test under Article 75(5) or inspection under Article 81 of the Order)

8.—(1) Regulation 21 of the principal Regulations shall be amended in accordance with paragraphs (2) and (3).

(2) In paragraph (1), for the words “paragraph 4 of Schedule 1”, there shall be substituted “paragraph 5 of Schedule 1”.

(3) In paragraph (2), for the words “paragraph 3 or 4”, there shall be substituted “paragraph 4 or 5”.

Amendment to Schedule 1

9.  For Schedule 1 to the principal Regulations there shall be substituted the Schedule set out in Schedule 1 to these Regulations.

Amendment to Schedule 2

10.  For Schedule 2 to the principal Regulations there shall be substituted the Schedule set out in Schedule 2 to these Regulations.

Amendment to Schedule 3

11.  In Schedule 3 to the principal Regulations, after the word “seats,” there shall be inserted—

“seat belts”.