Motor Vehicle Testing (Extension) Order (Northern Ireland) 1996

Made: 15th January 1996

To be laid before Parliament under paragraph 3(3) ofSchedule 1 to the Northern Ireland Act 1974

Coming into operation in accordance with Article 2

The Department of the Environment, in exercise of the powers conferred on it by Article 63(9) of the Road Traffic (Northern Ireland) Order 1995[^f00001] and of every other power enabling it in that behalf, hereby orders and directs as follows:

Citation and interpretation

1

• (1) This Order may be cited as the Motor Vehicle Testing (Extension) Order (Northern Ireland) 1996.

• (2) In this Order “the 1995 Order” means the Road Traffic (Northern Ireland) Order 1995.

Commencement

2

• (1) This Order shall come into operation in relation to motor vehicles—

• (a) first registered before 1st April 1991, on 1st April 1996;

• (b) first registered on or after 1st April 1991 and before 1st April 1992, on the 5th anniversary of that registration;

• (c) first registered on or after 1st April 1992, on 1st April 1996;

• (d) described in Article 63(2)(b) of the 1995 Order, on 1st January 1997.

• (2) In paragraph (1) “first registered” means first registered under the Vehicle Excise and Registration Act 1994[^f00002] or any earlier corresponding legislation.

Extension of motor vehicle testing

3

Articles 63(2) and 78(3) of the 1995 Order shall have effect with the substitution for each reference to 5 years, of a reference to 4 years.

Signed

Sealed with the Official Seal of the Department of the Environment on

Trevor Pearson — Assistant Secretary — 15th January 1996.

Explanatory note

(This note is not part of the Order.)

Article 63 of the Road Traffic (Northern Ireland) Order 1995 (“the 1995 Order”) requires, subject to certain exceptions, that motor vehicles registered or manufactured more than 5 years ago, are not to be used on a road unless a valid vehicle test certificate has been issued by the Department of the Environment.

In order to comply with the requirements of Annex I of Council Directive 77/143/EEC (O.J. No. L47, 18.2.1977, p. 47), as amended by 88/449/EEC (O.J. No. L222, 12.8.1988, p. 10) and 91/328/EEC (O.J. No. L178, 6.7.1991, p. 29), Article 3 of this Order varies the application of Article 63 of the 1995 Order so that motor vehicles registered or manufactured more than 4 years ago are required to be tested, and makes a consequential amendment to Article 78(3).

The following categories of motor vehicles will continue to require an annual test—

• (i) those used for the carriage of passengers with more than 8 seats excluding the driver’s seat,

• (ii) taxis, and

• (iii) ambulances.

The Order comes into operation at different times, so that—

• (a) a vehicle, first registered before 1st April 1991 may not be used on a road on or after 1st April 1996 unless a test certificate has been issued for the vehicle within the preceding twelve months;

• (b) a vehicle, first registered on or after 1st April 1991 and before 1st April 1992 may not be used on a road on or after the 5th anniversary of its first registration unless a test certificate has been issued for the vehicle within the preceding twelve months;

• (c) a vehicle which was first registered on or after 1st April 1992 may not be used on a road on or after 1st April 1996 or the 4th anniversary of its first registration, whichever is the later, unless a test certificate has been issued for the vehicle;

• (d) a vehicle having been used on a road (in Northern Ireland or elsewhere) before being registered in Northern Ireland and having reached the 4th anniversary of its date of manufacture as determined by Article 63(8) of the 1995 Order may not be used on a road on or after 1st January 1997 unless a test certificate has been issued within the preceding twelve months.

Copies of the EC Directives referred to in this note can be obtained from Her Majesty’s Stationery Office, 16 Arthur Street, Belfast.

Footnotes

[^f00001]: S.I. 1995/2994 (N.I. 18); see Article 2(2) for definition of “the Department”

[^f00002]: 1994 c. 22