PART VE+W+SFEES

Fees for examinationsE+W+S

20.—[F1(1) Subject to the following provisions of this regulation, the fee payable for an examination of a vehicle pursuant to an application made under regulation 12 is–

(a)in the case of a motor bicycle not having a side car attached to it, [F2£14.65];

[F3(aa)in the case of a motor bicycle with a side car attached to it, [F424.05];

(b)in the case of a vehicle in Class III, [F5£28.15];]

[F6(c)in the case of a vehicle in Class IV—

(i)if the vehicle is a minibus, [F7£41.10],

(ii)in any other case, [F8£39.25];

(ca)in the case of a vehicle in Class IVA, [F9£46.20];]

[F10(d)in the case of a vehicle in Class V—

(i)if the vehicle is constructed or adapted to carry more than [F1116] passengers, [F12£60.35],

(ii)in any other case, [F13£44.45];

(da)in the case of a vehicle in Class VA—

(i)if the vehicle is constructed or adapted to carry more than [F1416] passengers, [F15£93.30],

(ii)in any other case, [F16£60.20];]

(e)save as provided in paragraph (4), in the case of a vehicle in Class VI–

(i)if the vehicle is constructed or adapted to carry more than [F1722] passengers, [F18£52],

(ii)in any other case, [F19£37];

[F20(ea)save as provided in paragraphs (4A) and (4B), in the case of a vehicle in Class VIA—

(i)if the vehicle is constructed or adapted to carry more than [F2122] passengers, [F22£52],

(ii)in any other case, [F23£37];]

(f)in the case of a vehicle in Class VII, [F24£43.15].]

(2) Subject to the following provisions of this Regulation, every fee prescribed by paragraph (1) shall be paid—

[F25(a)if the application is one to which regulation 12(1) applies (not being an application for an re-examination), at the time the application is made;]

[F26(b) if the application is one to which Regulation 12(2) applies or, in the case of an application for a re-examination, is one to which Regulation 12(1) and (1A) applies –]

(i)before the examination is carried out if the Secretary of State or [F27the person] by whom the examination is to be carried out so requires; and

(ii)after the examination is carried out in all other cases.

[F28(2A) Subject to paragraph (2B), where, in the case of a vehicle in [F29Class VI or VIA], the time appointed for an examination is, at the applicant’s request, out of hours, the fee payable for the examination shall be increased by [F30£31] in the case of a vehicle which is constructed or adapted to carry more than [F3122] passengers, and [F30£22] in any other case, such additional amount being payable at or before the time of the appointment.

(2B) Where, in the case of a vehicle in [F32Class VI or VIA], the vehicle testing station appointed for an examination is, at the applicant’s request, one which was designated under section 8(3) of the 1981 Act after 10th April 1995, the fee payable for the examination shall be increased, or, in a case where paragraph (2A) applies, further increased, by [F33£8], such additional amount being payable at or before the time of the appointment.]

(3) Where, on an examination of vehicle other than a vehicle in [F34Class VI or VIA], it is found that some or all of the prescribed statutory requirements are not complied with or where, in the circumstances mentioned in Regulation 16, a full examination of the braking system or systems of the vehicle is not carried out, then—

(a)if the vehicle is left at the vehicle testing station at which the examination took place so that the defects which have been revealed can be repaired, no fee shall be payable in respect of any further examination carried out there on the completion of those repairs,

F35(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F36(3A) No fee shall be payable for the re-examination of a vehicle other than in [F37Class IVA, VA, VI or VIA] if–

(a)the vehicle is re-examined at the same vehicle testing station where the vehicle failed the examination before the end of the next day following the examination on which the [F38authorised] examiner, designated council or the Secretary of State (as the case may be) will accept vehicles for examination; and

(b)the re-examination relates only to one or more of the following [F39matters]–

• [F40anti-lock braking system warning device;]

• [F41audible warning instruments;

• [F40body condition where the re-examination of the body is carried out solely for the purposes of ascertaining whether there are any sharp edges or projections likely to cause injury;]

• [F40brake pedal anti-slip devices;]

• direction indicators;

• doors and other openings;

• emissions;

• [F40fuel filler cap;]

• glass and field of vision;

• hazard warning signal device;

• lamps;

• mirrors;

• rear retro reflectors;

• registration marks;

• [F40seats;]

• seat belts;

• [F40steering wheel;]

• [F42tyres (other than in respect of a vehicle in Class I or II);]

• vehicle identification numbers; F43...

• [F44wheels (other than in respect of a vehicle in Class I or II); or]

• windscreen cleaning.]

[F45(3B) Subject to paragraph (3C), where, on an examination of a vehicle in Class IVA or VA, it is found that some or all of the prescribed statutory requirements, other than those referred to in item 28A in paragraph 3A of Schedule 2, are not complied with, then, provided the vehicle is re-examined at the same vehicle testing station where it failed the examination, the fee payable for the re-examination shall be calculated as if the vehicle was in Class IV or V respectively.

(3C) No fee shall be payable for the re-examination of a vehicle in Class IVA or VA, in respect of which it is found that some or all of the prescribed statutory requirements, other than those referred to in item 28A in paragraph 3A of Schedule 2, are not complied with if—

(a)the vehicle is re-examined in the circumstances referred to in paragraph (3A)(a); and

(b)the re-examination relates only to one or more of the matters referred to in paragraph (3A)(b).]

[F46(4) [F47Where either—

then the fee payable in respect of a further examination—]

(a)subject to sub-paragraph (c), in a case where the time appointed for the further examination is, at the applicant’s request, out of hours, shall be as shown in column 3 of the Table in relation to a vehicle of that description;

(b)subject to sub-paragraph (c), in a case where the vehicle testing station appointed for an examination is, at the applicant’s request, one which was designated under section 8(3) of the 1981 Act after 10th April 1995, shall be as shown in column 4 of the Table in relation to a vehicle of that description;

(c)in a case where both sub-paragraph (a) and (b) apply, shall be as shown in column 5 of the Table in relation to a vehicle of that description, and

(d)in any other case, shall be as shown in column 2 of the Table in relation to a vehicle of that description.

F52(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F53(5) Save as provided in paragraphs (5A) and (5B), the fees prescribed by [F54paragraphs [F55(1) and (4)]] shall be payable notwithstanding that the vehicle is not submitted for examination in accordance with any such appointment or arrangement as is mentioned in Regulation 12.

(5A) If, in the case of a vehicle not in [F56Class VI or VIA], the applicant for the examination has not less than one day before the time so appointed or arranged given the examining authority notice (whether in writing or otherwise) that the applicant does not propose to submit the vehicle for examination at the time so appointed or arranged, the application shall be treated for the purposes of this Regulation as one in respect of which no fee is payable, and any amount previously paid in respect of such a fee shall be repayable by the examining authority to the applicant unless another time is arranged for the carrying out of the examination.

(5B) If, in the case of a vehicle in [F57Class VI or VIA], the applicant—

(a)has not less than 7 days before the day fixed under these Regulations for the carrying out of the examination given the Secretary of State notice (whether in writing or otherwise) at the address from which the notice of the appointment was issued that the applicant does not propose to submit the vehicle for examination on that day, or

(b)satisfies the Secretary of State that the vehicle cannot, or, as the case may be, could not be submitted for the examination on the day or at the time fixed for the examination because of exceptional circumstances occurring not more than 7 days before the said time and of which the applicant gives notice to the Secretary of State (whether in writing or otherwise) at the said address within 3 days of the occurrence of those circumstances,

then the applicant may either—

(i)make an application in writing to the Secretary of State at the said address, either at the time of the notice given under sub-paragraph (a) or (b) of this paragraph or within 28 days of the date thereof, for another examination of the same kind for that vehicle or another vehicle to be carried out within three months of the date of the application, and in that event the said fee shall be treated as having been paid in respect of that application unless the fee in respect of that application is greater, in which case the fee already paid shall be treated as having been paid towards the fee payable in respect of that application, or

(ii)give notice to Secretary of State at the place mentioned in sub-paragraph (i) above, and at the time of the notice given under sub-paragraph (a) or (b) of this paragraph or within 28 days of the date thereof, that no other examination of the same kind is required for that vehicle or another vehicle, and in that event [F58the fee shall be reduced to £1.50 (the balance of any sum paid in respect of the fee being refundable)].]

(6) No fee shall be payable on an application for an examination of any vehicle, not being a vehicle in [F59Class VI or VIA], in any case where in pursuance of any of the provisions of Regulation 13 an authorised examiner [F60,] [F61inspector or section 66A examiner] does not carry out the examination, and any amount previously paid in any such case in respect of such a fee shall be repaid by the examining authority to the applicant.

(7) The [F62fees prescribed by [F63paragraph (4)]] shall not be payable if—

[F64(a)the vehicle is re-examined before the end of the next day following an earlier examination of it being a day on which the Secretary of State will accept vehicles for examination;

(b)the person who re-examines the vehicle on behalf of the Secretary of State was already at the premises at which the re-examination occurs for the purpose of carrying out an examination on another vehicle;]

[F65(c)the re-examination relates only to one or more of the following requirements specified in Schedule 2–

(i)audible warning instruments,

(ii)bumpers,

(iii)cleanliness of body,

(iv)(irection indicators,

(v)field of vision,

(vi)fire extinguishing apparatus,

(vii)first aid equipment,

(viii)hazard warning signal device,

(ix)lamps,

(x)markings of doors,

(xi)markings of emergency exits,

(xii)markings of fuel tanks and carburettors,

(xiii)mirrors,

(xiv)rear retro reflectors,

(xv)spare wheel carrier,

(xvi)speed limiter F66... plate,

(xvii)speedometer,

(xviii)windscreen cleaning, and

(xix)the specified requirements of the Community Recording Equipment Regulation.]

[F67(8) In this Regulation “exceptional circumstances” means an accident, a fire, an epidemic, severe weather, a failure in the supply of essential services or other unexpected happening (excluding a breakdown or mechanical defect in a vehicle or non-delivery of spare parts for a vehicle).]]

Fees on appealsE+W+S

21.—(1) The fee payable on an appeal made in accordance with the provisions of Regulation 18 is the same amount as the fee payable under Regulation 20(1).

(2) Save as provided in paragraph (4), every fee prescribed by paragraph (1) as the fee payable on an appeal shall be paid at the same time as the appeal is made, and if that fee is not so paid the Secretary of State shall not be obliged to deal with the appeal.

(3) After the completion of the examination for the purposes of the appeal the Secretary of State may repay to the appellant, as he thinks fit, either the whole or a part of the fee paid on the appeal where it appears to him there are substantial grounds for contesting the whole or part of the decision appealed against.

(4) A fee payable on an appeal in accordance with the foregoing provisions of this Regulation shall be payable notwithstanding that the vehicle is not submitted for examination in accordance with the provisions of Regulation 18:

Provided that if the appellant has before the time fixed under Regulation 18 for the carrying out of the examination given the Secretary of State not less than two days' notice (whether in writing or otherwise) at [F68the office of VOSA] at which his appeal was lodged or if he has been given such a notice as is specified in Regulation 18(2), at the address specified in that notice as the address to which any communication relating to the appeal is to be sent, that the appellant does not propose to submit the vehicle for examination at that time, the appeal shall be treated for the purposes of this Regulation as one in respect of which no fee is payable and any amount previously paid in respect of such a fee shall be repaid by the Secretary of State to the appellant unless another time is arranged for the carrying out of the examination.