The Motor Vehicles (Tests) Regulations 1981

• (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 the person by whom the examination is to be carried out so requires; and

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

• (2A) ... Where, in the case of a vehicle in Class 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 £52 in the case of a vehicle which is constructed or adapted to carry more than 22 passengers, and £38 in any other case, such additional amount being payable at or before the time of the appointment.

• (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Where, on an examination of a vehicle other than a vehicle in Class 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 provided that—

• (a) 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;

• (b) the re-examination is carried out before the expiration of a period of 10 days starting on the day after the day of the initial examination; and

• (c) there has been no change to the authorised examiner at the vehicle testing station between those examinations,

no fee shall be payable in respect of the re-examination carried out there on the completion of those repairs.

• (3ZA) Where, on an examination of a vehicle other than a vehicle in Class 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 provided that—

• (a) the vehicle is returned to the vehicle testing station at which the examination took place;

• (c) the re-examination is carried out before the expiration of a period of 10 days starting on the day after the day of the initial examination; and

• (c) there has been no change to the authorised examiner at the vehicle testing station between those examinations,

the fee payable for the re-examination shall be a maximum of one-half of the fee otherwise chargeable.

• (3A) No fee shall be payable for the re-examination of a vehicle other than in Class ...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 authorised examiner, designated council or the Secretary of State (as the case may be) will accept vehicles for examination , provided that there has been no change to the authorised examiner at the vehicle testing station between those examinations; and

• (b) the re-examination relates only to one or more of the following matters–

• ...

• audible warning instruments;

• batteries;

• body 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;

• brake pedal anti-slip devices;

• direction indicators;

• doors and other openings;

• electrical wiring;

• ...

• fuel filler cap;

• glass and field of vision;

• hazard warning signal device;

• lamps (other than headlamp aim);

• mirrors;

• rear retro reflectors;

• registration marks;

• seats;

• seat belts;

• steering wheel;

• trailer coupling

• tyres (other than in respect of a vehicle in Class I or II);

• vehicle identification numbers; ...

• wheels (other than in respect of a vehicle in Class I or II); or

• windscreen cleaning.

• (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 that—

• (a) the vehicle is re-examined at the same testing station where it failed the examination; and

• (b) there has been no change to the authorised examiner at the vehicle testing station since that examination,

the fee payable for the re-examination shall be calculated as if the vehicle was in Class IV or V respectively.

• (3C) Where, on the re-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, if the vehicle is re-examined in the circumstances referred to in paragraph (3ZA), the fee payable for the re-examination shall be a maximum of one-half of the fee chargeable for a Class IV or V vehicle respectively.

• (4) Subject to paragraph (7), where 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.

Column 1	Column 2	Column 3	Column 4	Column 5
Description of Vehicle	Normal Fee	Out of Hours Fee	Designated Premises Fee	Out of Hours at Designated Premises Fee
Vehicles in Class VI or VIA constructed or adapted to carry more than 22 passengers.	a £79, if the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate, orb £163, in any other case.	a £104, in the circumstances described in paragraph (a) of the entry in column 2, orb £215, in any other case.	a £56, in the circumstances described in paragraph (a) of the entry in column 2, orb £128, in any other case.	a £81, in the circumstances described in paragraph (a) of the entry in column 2, orb £180, in any other case.
Other vehicles in Class VI or VIA.	a £54, if the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate, orb £127, in any other case.	a £73, in the circumstances described in paragraph (a) of the entry in column 2, orb £165, in any other case.	a £39, in the circumstances described in paragraph (a) of the entry in column 2, orb £103, in any other case.	a £58, in the circumstances described in paragraph (a) of the entry in column 2, orb £141, in any other case.

• (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Save as provided in paragraphs (5A) and (5B), the fees prescribed by paragraphs (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 Class 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 Class 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 any sum paid by him in respect of such a previous application for an examination shall be returned.

• (6) No fee shall be payable on an application for an examination of any vehicle, not being a vehicle in Class VI or VIA, in any case where in pursuance of any of the provisions of Regulation 13 an authorised examiner , inspector 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) Notwithstanding paragraph (4), the fee payable for a re-examination of a vehicle in Class VI or Class VIA shall be £12 if—

• (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;

• (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 ... plate,

• (xvii) speedometer,

• (xviii) windscreen cleaning, and

• (xix) the specified requirements of the EU Tachographs Regulation.

• (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 appeals

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 the office of DVSA 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.

PART VI — OTHER MATTERS

Records to be kept and returns to be furnished by examiners and designated councils

22

• (1) Without prejudice to regulations 15, 16 and 18, authorised examiners, designated councils, inspectors and nominated testers shall, by electronic communication in the electronic record, or in such other form and by such other means as the Secretary of State may from time to time specify, record such particulars as may be so specified.

• (2) Where the electronic record is temporarily inaccessible for the purpose of recording particulars pursuant to paragraph (1), the particulars shall be recorded in such other form and by such other means as the Secretary of State may specify.

• (3) Where particulars are recorded as mentioned in paragraph (2), appropriate entries shall be made or, as the Secretary of State may require, be confirmed, in the electronic record as soon as reasonably practicable after it has become accessible.

• (4) Records (other than the electronic record) under this regulation shall be kept for a period sufficient to ensure that, upon an inspection under regulation 24, particulars of any matter recorded within the period of 18 months preceding the date of the inspection are available for inspection.

Duplicate test certificates

23

• (1) If a test certificate has been lost or defaced, an application for the issue of a duplicate of the original certificate may, at any time before the end of the period of 18 months beginning with the date on which the examination to which the certificate relates was carried out, be made—

• (a) at the vehicle testing station from which the original certificate was obtained,

• (b) at any other vehicle testing station, or

• (c) at any office of DVSA.

• (2) The applicant shall provide with his application—

• (a) particulars of the registration mark (if any) of the vehicle concerned;

• (b) where the application is made as mentioned in paragraph (1)(b), such other information as the authorised examiner or designated council at whose testing station the application is made reasonably requires in order to access relevant data from the electronic record;

• (c) where the application is made as mentioned in paragraph (1)(c), such other information as the Secretary of State reasonably requires.

• (3) The person to whom an application is made under paragraph (1) shall—

• (a) upon tracing sufficient particulars of the certificate to which the application relates to enable a duplicate to be issued; and

• (b) on being paid the fee of £10,

issue a duplicate, marked “Duplicate”; and the duplicate so issued shall have the same effect as the original test certificate.

• (4) A duplicate issued under paragraph (3) need not be signed by the person who carried out the examination as the result of which the original certificate was obtained.

Inspection of premises, apparatus and records

24

A person authorised by the Secretary of State may at any time, during the normal working week on production if so required of his authority, enter any vehicle testing station of an authorised examiner or designated council and upon such entry he shall be entitled to—

• (a) inspect the station and the apparatus provided at the station for the purpose of carrying out examinations and watch any examination which may be taking place including any part of the examination which is carried out on a road or elsewhere than at the station,

• (b) satisfy himself as to the efficiency of such apparatus and, in the case of apparatus designed to give an indication of a measurement, to require evidence to be furnished to him that it will do so accurately within reasonable limits,

• (c) inspect all records ... ... which are required to be kept or preserved at that station in accordance with Regulation 22, and

• (d) be furnished with such information as he may reasonably require with respect to any of the said matters.

Forms

25

• (1) An entry in the electronic record that the prescribed statutory requirements are complied with in relation to a vehicle shall not be made unless the authorised examiner or, as the case may be, the designated council at whose vehicle testing station the examination of the vehicle was carried out has paid to the Secretary of State the sum of £2.05.

• (2) Every authorised examiner and every designated council shall make such payments to the Secretary of State in anticipation of charges that may become payable by them under paragraph (1) as will, in the opinion of the examiner or council, ensure that the requirements of regulation 15(1)(a) are capable of being met as regards examinations at each of their vehicle testing stations.

• (3) Payments under paragraph (2)—

• (a) must be designated by the examiner or council concerned as referable to a named vehicle testing station of the examiner or council; and

• (b) may only be of an amount equal to the charge for 100 entries of the description mentioned in paragraph (1), or any multiple of 100.

Notices

26

Except as otherwise provided in these Regulations, every notice under these Regulations shall be—

• (a) in writing, and

• (b) if given by the Secretary of State to an examiner by post, addressed to the examiner at the registered office of the examiner if the examiner is a company and at the place specified in the authorisation of the examiner as his principal place of business in any other case.

Computation of time

27

No period of time prescribed in these Regulations shall include any day which is a Saturday, Sunday, Good Friday, Christmas Day or a bank holiday under the Banking and Financial Dealings Act 1971.

SCHEDULE 1 — SIGN TO BE DISPLAYED BY AUTHORISED EXAMINERS (see Regulation 9)

PART I — Diagram showing Size, Colour and Type of Sign to be Displayed by Authorised Examiners

PART II — Conditions as to Erection of Sign shown in Part I of this Schedule

1

The sign shall be securely fixed against a wall of the vehicle testing station.

2

The sign shall be so exhibited that no part thereof is above the fascia level of the vehicle testing station or above fifteen feet from the ground, whichever is the lower.

3

Not more than one sign shall be displayed on each road frontage.

SCHEDULE 2

(1)	(2)	(2)
Item No.	The Prescribed Statutory Requirements	The Prescribed Statutory Requirements
	(a)	(b)
	Title	Requirements
1.	The Lighting Requirements	The requirements specified in the following provisions of the Lighting Regulations:—Regulation 16 and Schedule 1, item 1 or 2, and Schedule 2, Part I (obligatory front position lamps);Regulation 16 and Schedule 1, item 1 or 2 and Schedule 4, Part I (dipped beam headlamps);Regulation 16 and Schedule 1, item 1 or 2 and Schedule 5, Part I (main-beam headlamps);Regulation 16 and Schedule 1, item 1 or 2, and Schedule 10, Part I (obligatory rear position lamps);Regulation 16, Schedule 1, item 1 or 2, and Schedule 17, Part I (obligatory rear reflex reflectors).
2.	The Stop Lamp Requirements	The requirements specified in the following provisions of the Lighting Regulations:—Regulation 16, and Schedule 1, item 1 or 2 and Schedule 12, Part I (obligatory stop lamps).
3.	The Direction Indicator Requirements	The requirements specified in the following provisions of the Lighting Regulations:—Regulation 16, and Schedule 1, item 1 or 2 and Schedule 7, Parts I and II (obligatory direction indicators)
4.	The Braking Requirements	The requirements specified in Regulations 13, 14, 14A, 59, 64, 67, 101 and 101A of the Construction and Use Regulations.
5.	The Steering Requirements	The requirements specified in Regulation 102 of the Construction and Use Regulations.
6.	The Tyre Requirements	The requirements specified in Regulations 60, 65, 68, 107 and 108 of the Construction and Use Regulations and of Regulation 97(1) (in so far as it relates to the condition of the road wheels, to the extent that such condition is likely to lead to a rapid deflation of the tyres of such wheels) of those Regulations.
7.	The Seat Belt and Anchorage Requirements	The requirements specified in Regulations 17 and 102A of the Construction and Use Regulations.
8.	The Windscreen Cleaning Requirements	The requirements specified in Regulations 27, 28 and 103 of the Construction and Use Regulations.
9.	The Exhaust Requirements	The requirements specified in Regulations 30, and 106 of the Construction and Use Regulations, and Regulation 97(1) (so far as it relates to the condition of the piping, attachment brackets and mounting of the exhaust system) of those Regulations.
10.	The Audible Warning Instrument Requirements	The requirements specified in Regulation 29 of the Construction and Use Regulations.
11.	The Bodywork and Suspension Requirements	The requirements specified in Regulation 12 of the Construction and Use Regulations, and Regulation 97(1) (in so far as it relates to the condition of the body and its structure, the chassis frame and any subframe or any mounting or connection or part of the suspension, to the extent that such condition may prejudice the steering, braking or seat belt mountings of the vehicle) of those Regulations.
12.	The Class VI Vehicle Requirements	(a) The requirements specified in the following Regulations of the Construction and Use Regulations:—18 and 98 (speedometers)19 and 104 (petrol tank)22 (view to the front)23 and 24 (mirrors)25 and 26 (safety glass)32 (radio interference suppression)33 (emission of smoke or vapour)39 and 113 (Closets, urinals, lavatory basins and sinks)97(1) (Maintenance so as not to be a danger, etc) in so far as it relates to the condition of spare-wheel carrier, means of coupling trailers, chassis, wiring, engine mounting, fuel pipes, transmission, battery, shock absorbers, bumpers, wings and wheel arches, cab, cab steps or ring, driver's seat, and driving controls109 (emission of smoke etc)100 (maintenance of glass)111 (starting device)143 (television sets);(b) The requirements specified in the following Regulations of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981—7 (suspension)8 (guard rails)9 (brakes)10 (brake and steering connections)11 (locking of nuts)12 (steering)13 (fuel tanks carburettors etc)14 (exhaust pipe)15 (luggage racks)16 (artificial lighting)17 (electrical equipment)18 (body)20 (steps, platforms and stairs)21 (number, position and size of entrances and exits)22 (width of exits and entrances)23 (doors)24 (marking, positioning and operation of emergency exits)25 (access to exits)28 (seats);29 (passenger protection)30 (ventilation)31 (driver's accommodation)32 (windscreens)33 (passengers' communication with driver)34 (general construction)35 (fire extinguishing apparatus)36 (first aid equipment)38 (obstruction of driver)39 (body maintenance)44 (carriage of inflammable or dangerous substances).(c) The requirements specified in the Lighting Regulations, Regulation 16, Schedule 1, item 1 and Schedule 11, Part I (obligatory rear fog lamps) and Regulation 17 and Schedule 11, Part II (optional rear fog lamps);(d) The requirements, in so far as they relate to the installation of recording equipment in Article 3, and the seals to be affixed to such equipment in Article 15 and paragraph 4 of section V of Annex I, of the Community Recording Equipment Regulation (as defined in section 82 of the 1972 Act);(e) The requirements specified in the Lighting Regulations, Regulation 17 and Schedule 13 (reversing lamps);

SCHEDULE 3 — CHARGES FOR PURPOSES OF REGULATION 25A

PART I — The Lighting Requirements

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART II — The Stop Lamp Requirements

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART III — The Direction Indicator Requirements

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART IV — The Braking Requirements

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART V — The Steering Requirements

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART VI — The Tyre Requirements

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART VII — The Seat Belt and Anchorages Requirements

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART VIII — The Windscreen Cleaning Requirements

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART IX — The Exhaust Requirements

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART X — The Audible Warning Instrument Requirements

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART XI — The Body-work and Suspension Requirements

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART XII — The Class VI Vehicle Requirements

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4 — REGULATIONS REVOKED BY REGULATION 2

Title	Year and Number
The Motor Vehicles (Tests) Regulations 1976	S.I. 1976/1977
The Motor Vehicles (Tests) (Amendment) Regulations 1976	S.I. 1976/2155
The Motor Vehicles (Tests) (Amendment) Regulations 1978	S.I. 1978/1574
The Motor Vehicles (Tests) (Amendment) Regulations 1979	S.I. 1979/439
The Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 1979	S.I. 1979/1215
The Motor Vehicles (Tests) (Amendment) Regulations 1980	S.I. 1980/616
The Motor Vehicles (Tests) (Amendment) Regulations 1981	S.I. 1981/951

Signed

David Howell — Secretary of State for Transport — 1981-11-25

Explanatory note

EXPLANATORY NOTE

• Motor cycle not having a side-car attached to it, £4.26 (unchanged);

• Class VI vehicle constructed or adapted to carry more than 12 passengers, £29;

• Class VI vehicle not constructed or adapted to carry more than 12 passengers, £20;

• Any other vehicle, £7.10 (unchanged).

These fees are reduced in certain cases as provided in Regulation 20(3) for vehicles not in Class VI and in Regulation 20(4) for vehicles in Class VI. Regulation 21 prescribes fees on appeals.

Footnotes

Editorial notes