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2004 No. 1873

ROAD TRAFFIC

The Goods Vehicles (Plating and Testing) (Amendment) Regulations 2004

  Made 14th July 2004 
  Laid before Parliament 6th August 2004 
  Coming into force 30th August 2004 

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

Citation and commencement
     1. These Regulations may be cited as the Goods Vehicles (Plating and Testing) (Amendment) Regulations 2004 and shall come into force on 30th August 2004.

Preliminary
     2. The Goods Vehicles (Plating and Testing) Regulations 1988[3] shall be further amended as follows.

Amendment to regulation 12 (manner of making application for first examinations or periodical tests, and fees)
     3. In regulation 12(3), for the Table there shall be substituted the following Table - 


"TABLE
Description of vehicle Fee (£)
Motor vehicle with 2 axles 43.00
Motor vehicle with 3 axles 57.00
Motor vehicle with 4 or more axles 68.00
Trailer with 1 axle 22.00
Trailer with 2 axles 32.00
Trailer with 3 or more axles 39.00."


Amendments to regulation 16 (fees for re-tests)
     4.  - (1) Regulation 16 shall be amended as follows.

    (2) In paragraph (1) for "£23.50 in the case of a motor vehicle and £12.50 in the case of a trailer" there shall be substituted


    (3) In paragraph (3)(a) for "in which a fee was payable under that paragraph" there shall be substituted "other than those described in paragraph (6)".

    (4) In paragraph (3) for "£23.50 in the case of a motor vehicle and £12.50 in the case of a trailer" there shall be substituted "determined in accordance with the Table in paragraph (1) by reference to the description of vehicle".

    (5) In paragraph (6) for "Any fee which would otherwise be payable by virtue of paragraph (1), (3), (4) or (4A) shall not be payable" there shall be substituted "Notwithstanding paragraphs (1), (3), (4) and (4A), the fee for a re-test under regulation 15 shall be £10 in the case of a motor vehicle and £5 in the case of a trailer".

Further amendments relating to fees
     5. In the regulations specified in column (1) of the following Table for the amounts specified in column (2) there shall be substituted the amounts specified in column (3)



Amendment to paragraph 4 of Part II of Schedule 3 (the prescribed construction and use requirements)
     6. At the end of paragraph 4 of Part II of Schedule 3, there shall be added the following descriptions - 

      " loading devices;

      load securing devices.".



Signed by authority of the Secretary of State


David Jamieson
Parliamentary Under Secretary of State Department for Transport

14th July 2004


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations further amend the Goods Vehicles (Plating and Testing) Regulations 1988 ("the 1988 Regulations"). Regulations 3, 4 and 5 make extensive amendments to the fees prescribed by the 1988 Regulations.

Regulation 3 changes the fee payable on an application for a first examination or periodical test as shown in Table 1 below (with the percentage increase shown in brackets).


TABLE 1
Description of vehicle Old Fee (£) New Fee (£)
Motor vehicle with 2 axles 42 43 (2.4%)
Motor vehicles with 3 axles 48 57 (18.8%)
Motor vehicle with 4 or more axles 54 68 (25.9%)
Trailer with 1 axle 21 22 (4.8%)
Trailer with 2 axles 24 32 (33.3%)
Trailer with 3 or more axles 27 39 (44.4%)

Where the appointment for such an examination or test is, at the applicant's request, "out of hours", the supplement to the normal fee is increased by 11.8% from £25.50 to £28.50 in the case of a motor vehicle and by 12.5 % from £16 to £18 in the case of a trailer (regulation 12(4) of the 1988 Regulations). Where the vehicle testing station appointed for such an examination or test is, at the applicant's request, not one provided by the Secretary of State, the supplement or, in a case which is "out of hours", further supplement, is increased by 11.1% from £9 to £10 in the case of a motor vehicle and by 25% from £4 to £5 in the case of a trailer (regulation 12(4A) of the 1988 Regulations).

Regulation 4 removes the single fee of £23.50 in the case of a motor vehicle, or £12.50 in the case of a trailer, for a re-test or further re-test carried out within 14 days after the vehicle's first examination, periodic test or previous re-test and introduces different fees for different sizes of vehicle (regulation 16(1) and regulation 16(3) of the 1988 Regulations). The new fees are shown in Table 2 below (with the percentage increase shown in brackets).


TABLE 2
Description of vehicle Old Fee (£) New Fee (£)
Motor vehicle with 2 axles 23.50 28 (19.1%)
Motor vehicles with 3 axles 23.50 38 (61.7%)
Motor vehicle with 4 or more axles 23.50 45 (91.5%)
Trailer with 1 axle 12.50 15 (20%)
Trailer with 2 axles 12.50 21 (68%)
Trailer with 3 or more axles 12.50 26 (108%)

Where the appointment for a re-test or further re-test within 14 days is, at the applicant's request, "out of hours", the supplement to the normal fee is increased by 12% from £12.50 to £14 in the case of a motor vehicle and by 25% from £8 to £10 in the case of a trailer (regulation 16(4) of the 1988 Regulations). Where the vehicle testing station appointed for such a re-test or further re-test is, at the applicant's request, not one provided by the Secretary of State, the supplement or, in a case which is "out of hours", further supplement, is increased by 9.1% from £5.50 to £6 in the case of a motor vehicle and by 25% from £2 to £2.50 in the case of a trailer (regulation 16(4A) of the 1988 Regulations).

Where the normal fee for a re-test or further re-test is prescribed by regulation 16(2) of the 1988 Regulations, the supplement payable for an appointment which is, at the applicant's request, "out of hours" is increased by 11.8% from £25.50 to £28.50 in the case of a motor vehicle and by 12.5% from £16 to £18 in the case of a trailer (regulation 16(5) of the 1988 Regulations). Where the vehicle testing station appointed for such a re-test or further re-test is, at the applicant's request, not one provided by the Secretary of State, the supplement or, in a case which is "out of hours", further supplement is increased by 11.1% from £9 to £10 in the case of a motor vehicle and by 25% from £4 to £5 in the case of a trailer (regulation 16(5A) of the 1988 Regulations).

The fee payable on a request for an amendment to a plating certificate following a notifiable alteration or for a re-examination where a particular in the certificate is or may be no longer applicable is increased by 11.8% from £17 to £19 (regulation 34(1) of the 1988 Regulations). Where an appointment for a re-examination following a notifiable alteration or with a view to amendment of a plating certificate is, at the applicant's request, "out of hours", the supplement to the normal fee remains unchanged at £10 (regulation 34(2) of the 1988 Regulations). Where the vehicle testing station appointed for such a re-examination is, at the applicant's request, not one provided by the Secretary of State, the supplement or, in a case which is "out of hours", further supplement, is increased by 9.1% from £5.50 to £6 in the case of a motor vehicle. In the case of a trailer the fee remains unchanged at £2 (regulation 34(2A) of the 1988 Regulations).

The fee payable for the alteration of the plated weights (or any of the plated weights) for a vehicle without an examination is increased by 11.8% from £17 to £19 (regulation 37B(2) of the 1988 Regulations).

Regulation 4(5) introduces a fee of £10 in the case of a motor car and £5 in the case of a trailer for a re-test carried out in the circumstances specified in regulation 16(6) of the 1988 Regulations. Such re-tests were previously provided without charge.

A vehicle submitted for a goods vehicle test in accordance with the 1988 Regulations must comply with the requirements of paragraph 4 of Part II of Schedule 3 to those Regulations. The condition of the vehicle must be such that its use on the road would not involve a danger of injury to any person having particular regard to certain items. Regulation 6 adds "loading devices" and "load securing devices" to the list of descriptions of items to which particular regard must be given.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from the Department for Transport, 5th floor, Southside, 105 Victoria Street, London SW1E 6DT (telephone 020 7944 2455). A copy has been placed in the library of each House of Parliament.

Notes:

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

[2] S.I. 1988/643, which was made under the Finance (No. 2) Act 1987 (c. 51), section 102. The relevant amending instrument is S.I. 1995/1684 and the relevant entry in S.I. 1988/643 is Schedule 1, Table III, item 3.back

[3] S.I. 1988/1478; relevant amending instruments are S.I. 1989/1693, 1990/448, 1992/2447, 1993/2048 and 3013, 1997/82 and 263, 1998/1671, 2000/1433, 2001/1650, 2002/487 and 2003/1816.back


ISBN 0 11 049555 1


  © Crown copyright 2004

Prepared 6 August 2004

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URL: http://www.bailii.org/uk/legis/num_reg/2004/20041873.html