The Motor Vehicles (Tests) Regulations 1981

Item No	Regulations	Affecting
25	8	Guard Rail
26	13	Fuel Tanks and Carburettors
27	14	Exhaust Pipe
28	15	Luggage Racks
29	16	Artificial Lighting
30	17	Electrical Equipment
31	18	Body
32	20	Steps, Platforms and Stairs
33	21	Number, Position and Size of Entrances and Exits
34	22	Width of Exits and Entrances
35	23	Doors
36	24	Marking, Positioning and Operation of Emergency Exits
37	25	Access to Exits
38	28	Seats
39	29	Passenger Protection
40	30	Ventilation
41	31	Driver’s Accommodation
42	32	Windscreens
43	33	Passengers' Communication with Driver
44	34	General Construction
45	35	Fire Extinguishing Apparatus
46	36	First Aid Equipment
47	38	Obstruction of Driver
48	39	Body Maintenance
49	44	Carriage of Inflammable or Dangerous Substances

• (d) For minibuses of a type mentioned in regulation 41 of the Construction and Use Regulations, the following requirements specified in Schedules 6 and 7 to those Regulations:—

Item No	(Schedule 6)	Affecting
50	1	Exhaust Pipes
51	2	Doors
52	3	Emergency Doors
53	4	Power-operated Doors
54	5	Locks, Handles and Hinges of Doors
55	6	View of Doors
56	7	Access to Doors
57	8	Grab Handles and Hand Rails
58	9	Seats
59	10	Electrical Equipment and Wiring
60	11	Fuel Tanks
61	12	Lighting of Steps
62	13	General Construction and Maintenance
Item No	(Schedule 7)	Affecting
---	---	---
63	I	Fire Extinguishing Apparatus
64	II	First Aid Equipment

• (e) The requirements contained in the following provisions of the Lighting Regulations:—

Item No	Regulations	Affecting
65	18 and 23	End Outline Marker Lamp
66	18 and 23	Rear Fog Lamp
67	18 and 23	Hazard Warning Signal Device

• (f) The requirements of the Community Recording Equipment Regulation ... insofar as they relate to the installation of recording equipment and the seals to he affixed to such equipment.

THE PRESCRIBED STATUTORY REOUIREMENTS FOR VEHICLES IN CLASS VII

3

The requirements specified in items 1 to 8 and 9A to 16 in paragraph 1 above and in item 17 of paragraph 2 above.

THE PRESCRIBED STATUTORY REQUIREMENTS FOR VEHICLES IN CLASSES I AND II

1

• (a) The requirements contained in the following provisions of the Construction and Use Regulations:—

1	16 and 18	Braking
2	24, 26, 27 and 100(1) (insofar as it relates to the condition of the road wheels)	Wheels and Tyres
3	29	Steering
4	37	Audible Warning Instrument
4A	39 and 100(1) (insofar as it relates to the security and condition of the fuel system components or, as the case may be, their maintenance so that no danger is likely to be caused)	Fuel Tanks and Pipes
5	54, 57 and 100(1) (insofar as it relates to the condition of the pipings, attachment brackets and mounting of the exhaust system)	Exhaust
5A	67	Vehicle Identification Number
6	22 and 100(1) (insofar as it relates to the condition of the vehicle structure, the chassis, frame and any sub-frame or any mounting or connection or part of the suspension, to the extent that such condition may prejudice the steering or braking of the vehicle)	Structure and Suspension
6A	100(1) (insofar as it relates to the clutch and engine speed control systems and their mountings or connections to the extent that such condition may prejudice the safe operation of the vehicle)	Clutch Lever and Throttle Control

• (b) The requirements contained in the following provisions of the Lighting Regulations:—

Item No.	Regulations	Affecting
7	18 and 23	Front Position Lamp
8	18 and 23	Dipped Beam Headlamp
9	18 and 23	Main Beam Headlamp
10	18 and 23	Rear Position Lamp
11	18 and 23	Rear Retro Reflector
12	18 and 23	Stop Lamp
13	18 and 23	Direction Indicator

• (c) The requirements contained in the following provisions of the Road Vehicles (Display of Registration Marks) Regulations 2001:—

Item No.	Regulations	Affecting
13A	4, 5, 7 and 10 to 15	Rear Registration Plates and Marks

THE PRESCRIBED STATUTORY REQUIREMENTS FOR VEHICLES IN CLASS III

2

• (a) The requirements specified in items 2, 3, 4 and 7 to 13 in paragraph 1 above.

• (b) The requirements contained in the following provisions of the Construction and Use Regulations:—

Item No.	Regulations	Affecting
14	15 to 17, and 18	Braking
15	30 to 32	Glass and Field of Vision
16	33	Mirrors
17	34	Windscreen Cleaning
18	39 and 100(1) (insofar as it relates to the security and condition of the fuel system components or, as the case may be, their maintenance so that no danger is likely to be caused)	Fuel Tanks and Pipes
19	46, 47 and 48	Seat Belts and Anchorages fitted in accordance with the said regulations 46 and 47
19A	100(1) (insofar as it relates to the condition of the seat belts and anchorages)	Seat Belts, other than those referred to in item 19 above, and their anchorages
20	54 and 100(1) (insofar as it relates to the condition of the pipings, attachment brackets and mounting of the exhaust system)	Exhaust
20A	66	Plates
21	67	Vehicle Identification Number
22	22 and 100(1) (insofar as it relates to the condition of the vehicle structure, the body , body fittings, interior fittings, the chassis, frame and any subframe or any mounting or connection or part of the suspension or any trailer coupling, to the extent that such condition may prejudice the steering, braking or seat belt mounting of the vehicle or may otherwise cause danger)	Body, Body Fittings, Structure and Suspension
23	100(1) (insofar as it relates to the condition of seats, doors and other openings, to the extent that such condition may cause danger)	Seats, Doors and Other Openings

• (c) The requirements contained in the following provisions of the Lighting Regulations:—

Item No.	Regulations	Affecting
24	18 and 23	Rear Registration Plate Lamp
25	18, 20 and 23	Front and Rear Fog Lamps
26	18 and 23	Hazard Warning Signal Device
26A	18 and 23	Reversing Lamp
26B	18 and 23	Daytime Running Lamp

• (d) The requirements contained in the following provisions of the Road Vehicles (Display of Registration Marks) Regulations 2001:—

Item No.	Regulations	Affecting
27	4 to 7 and 10 to 15	Registration Plates and Marks

• (e) The registration mark displayed on the vehicle is in accordance with the records held for that vehicle by the Secretary of State.

THE PRESCRIBED STATUTORY REQUIREMENTS FOR VEHICLES IN CLASS IV

3

• (a) The requirements specified in items 2 to 4, 7 to 13 and 14 to 27 in paragraphs 1 and 2 above.

• (b) The requirements contained in the following provisions of the Construction and Use Regulations:—

Item No.	Regulations	Affecting
27A	36A and 70A	Speed Limiters
27B	35 and 36	Speedometer
28	61 and 61A	Emissions and Emission Control Devices
28XA	100(1) (insofar as it relates to the condition of the electrical wiring and its insulation, or how such wiring is secured to the vehicle).	Electrical wiring
28XB	100(1) (insofar as it relates to the condition of the battery... fitted to a vehicle, or how the battery is secured to the vehicle).	Batteries
28XC	100(1) (insofar as it relates to the condition of the electrical connections between a vehicle and its trailer).	Electrical connection between a vehicle and its trailer.
28XD	100(1) (insofar as it relates to the condition of a vehicle’s supplementary restraint system, including safety belt pre-tensioners, safety belt load limiters and air bags).	Supplementary restraint system
28XE	100(1) (insofar as it relates to the condition of a vehicle’s Electronic Stability Control).	Electronic stability control
28XF	100(1) (insofar as it relates to the condition of seats, doors and other openings, body fittings and interior fittings to the extent that such condition may cause danger)	Cab (including steps and step rings), seats, doors, other openings and driving controls
28XG	100(1) (insofar as it relates to spare wheel and carrier, transmission, engine mountings and steering lock)	Spare wheel and carrier, transmission, engine mountings and steering lock
28XH	100(1) (insofar as it relates to tyre pressure monitoring systems)	Tyre pressure monitoring systems

• (c) The requirements contained in the following provisions of the Lighting Regulations—

Item No.	Regulations	Affecting
28XJ	18 and 23	End outline marker lamp

THE PRESCRIBED STATUTORY REQUIREMENTS FOR VEHICLES IN CLASS IVA

4

• (a) The requirements specified in items 2 to 4, 7 to 13, 16 to 22, 24 to 28XG, and 28XJ in paragraphs 1 to 3 above.

• (b) The requirements contained in the following provisions of the Construction and Use Regulations:—

Item No.	Regulations	Affecting
29	15, 16, 17 and 18	Braking
29A	25	Tyre Load and Speed Ratings
30	30, 31 and 32	Glass and Field of Vision
. . .	. . .	. . .
. . .	. . .	. . .
33	100(1) (insofar as it relates to the question whether the particulars opposite are fitted or, as the case may be, maintained so that no danger is likely to be caused)	Seats, driving controls, body, doors and other openings

THE PRESCRIBED STATUTORY REQUIREMENTS FOR VEHICLES IN CLASS V

5

• (a) The requirements specified in items 2 to 4, 7 to 13, 16 to 20, 22, 24 to 27B, 28 to 28XG, and 28XJ to 33 in paragraphs 1 to 4 above.

• (b) The requirements contained in the following provisions of the Construction and Use Regulations:—

Item No.	Regulations	Affecting
...	...	...
35	60	Radio Interference Suppression
36	62	Closets, etc
37	100(1) (insofar as it relates to the question whether the particulars opposite are fitted or, as the case may be, maintained so that no danger is likely to be caused)	Spare wheel carrier, means of coupling trailers, chassis, wiring, engine mounting, transmission, battery, shock absorbers, bumpers, doors, seats, driving controls and security of glass in windows and mirrors
37A	100(1) (insofar as it relates to the question whether the particulars opposite are fitted or, as the case may be, maintained so that no danger is likely to be caused)	Wheelchair restraining devices
37B	100(1) (insofar as it relates to the question whether the particulars opposite are fitted or, as the case may be, maintained so that no danger is likely to be caused)	Features associated with wheelchairs, boarding devices (lifts, ramps), optical devices (to allow the driver to see the boarding area), signs and markings, communication devices, slip resistant surfaces, steps, floors and gangways, kneeling systems, lighting which is intended for wheelchair users to board or alight in safety
38	109	Television sets

• (c) For those vehicles certified in accordance with the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981, the requirements contained in the following provisions of those Regulations:—

Item No.	Regulations	Affecting
39	8	Guard Rail
40	13	Fuel Tanks, Carburettors, etc
41	14	Exhaust Pipe
42	15	Luggage Racks
43	16	Artificial Lighting
44	17	Electrical Equipment
45	18	Body
46	20	Steps, Platforms and Stairs
47	21	Number, Position and Size of Entrances and Exits
48	22	Width of Exits and Entrances
49	23	Doors
50	24	Marking, Positioning and Operation of Emergency Exits
51	25	Access to Exits
52	28	Seats
53	29	Passenger Protection
54	30	Ventilation
55	31	Driver’s Accommodation
56	32	Windscreens
57	33	Passengers' Communication with Driver
58	34	General Construction
59	35	Fire Extinguishing Apparatus
60	36	First Aid Equipment
61	38	Obstruction of Driver
62	39	Body Maintenance
63	44	Carriage of Inflammable or Dangerous Substances

• (d) For minibuses of a type mentioned in regulation 41 of the Construction and Use Regulations, the following requirements specified in Schedules 6 and 7 to those Regulations:—

Item No.	(Schedule 6)	Affecting
64	1	Exhaust Pipes
65	2	Doors
66	3	Emergency Doors
67	4	Power-operated Doors
68	5	Locks, Handles and Hinges of Doors
69	6	View of Doors
70	7	Access to Doors
71	8	Grab Handles and Hand Rails
72	9	Seats
73	10	Electrical Equipment and Wiring
74	11	Fuel Tanks
75	12	Lighting of Steps
76	13	General Construction and Maintenance
Item No.	(Schedule 7)	Affecting
---	---	---
77	I	Fire Extinguishing Apparatus
78	II	First Aid Equipment

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) The requirements of the EU Tachographs Regulation insofar as they relate to the installation of recording equipment and the seals to be affixed to such equipment.

THE PRESCRIBED STATUTORY REQUIREMENTS FOR VEHICLES IN CLASS VA

6

The requirements specified in items 2 to 4, 7 to 13, 15 to 28XG, and 28XJ to 29A in paragraphs 1 to 4 above.

3A

• (a) The requirements specified in items 2 to 4, 7 to 13, 14 to 28XJ in paragraphs 1 to 3 above.

• (b) The requirements contained in the following provision of the Construction and Use Regulations:—

Item No.	Regulations	Affecting
28A	100(1) (insofar as it relates to the manner in which the seat belts and anchorages have been installed including, in the case of a seat which incorporates integral seat belt anchorages, the system by which the seat assembly itself is secured to the vehicle structure)	Seat Belts, other than child restraints, disabled person’s belts or those referred to in item 19 of paragraph 2 above, fitted to forward facing seats, and their anchorages

4A

The requirements specified in items 2 to 4, 7 to 13, 16 to 22, 24 to 28XG, 28XJ, and 29 to 33 in paragraphs 1 to 4 above.

THE PRESCRIBED STATUTORY REQUIREMENTS FOR VEHICLES IN CLASS VI

THE PRESCRIBED STATUTORY REQUIREMENTS FOR VEHICLES IN CLASS VIA

5A

• (a) The requirements specified in items 2 to 4, 7 to 13, 16 to 20 to 22, 24 to 28XG, 28XJ to 38 and 79 in paragraphs 1 to 5 above.

• (b) For minibuses of a type mentioned in regulation 41 of the Construction and Use Regulations, the requirements specified in items 64 to 78 in paragraph 5 above.

• (c) The requirements of the EU Tachographs Regulation insofar as they relate to the installation of recording equipment and the seals to be affixed to such equipment.

THE PRESCRIBED STATUTORY REQUIREMENTS FOR VEHICLES IN CLASS VII

Application for approval as nominated tester or inspector or authorisation as authorised examiner

Application for designation

7A

• (1) An application by a council for designation for the purposes of sections 45 and 46 of the 1988 Act shall be made on a form supplied or approved by the Secretary of State, and shall be signed by the proper officer.

• (2) The application shall be sent to the Secretary of State at the office of DVSA for the area which includes that of the council by which the application is made.

Approvals, authorisations and designations

The approval conditions

8A

The conditions referred to in regulation 8(3) are that the person to whom the approval relates—

• (a) shall not carry out any examination—

• (i) unless he has successfully completed a course of instruction in the carrying out of examinations provided under section 45(6A) of the 1988 Act;

• (ii) at a particular vehicle testing station, unless by electronic communication or notice to the Secretary of State, at the office of DVSA for the area in which that testing station is situated, he has informed the Secretary of State of his intention to carry out examinations at that testing station;

• (b) where the approval is expressed to be limited to examinations—

• (i) of a specified class of motor vehicle; or

• (ii) of a specified description,

• shall not carry out examinations in relation to any other class of motor vehicle or description of examination;shall carry out examinations using such methods and to such standards as have been notified to him by the Secretary of State; andif the Secretary of State so requires, shall attend further courses of instruction, or otherwise satisfy the Secretary of State of his competence to continue to carry out examinations.

The general authorisation conditions

8B

The conditions referred to in regulation 8(4) are that the authorised examiner—

• (a) shall comply with any limitation as to—

• (i) the class of motor vehicle that may be examined;

• (ii) the type of examination that may be carried out; or

• (iii) the vehicle testing station at which examinations may be carried out,

• to which the authorisation is expressed to be subject;unless he is himself to carry out the examination, shall not cause or permit an examination to be carried out at any vehicle testing station at which he is authorised to carry out examinations by a person other than—a nominated tester approved by the Secretary of State to carry out examinations at that testing station; ora section 66A examiner;shall, as regards each of the vehicle testing stations at which he is authorised to carry out examinations, by electronic communication or notice to the Secretary of State, at the office of DVSA for the area in which the testing station is situated, inform the Secretary of State—of the names of the individuals who are nominated testers at that testing station; andthe name of any such individual who ceases to act in that capacity;shall ensure that every test certificate resulting from an examination carried out at any of its testing stations is signed by the person who carried out the examination or by such other person as the Secretary of State may in any particular case direct;shall ensure that every notice of the refusal of a test certificate resulting from an examination carried out at any of its testing stations is signed by the person who carried out the examination;shall comply with any direction of the Secretary of State as to the individuals by whom—examinations may not be carried out; ortest certificates or notices of the refusal of a test certificate may not be signed;shall, at each vehicle testing station at which he is authorised to carry out examinations supervise the carrying out of examinations by the nominated testers authorised to carry out examinations at that testing station;shall, subject to regulation 8F, so long as the authorisation is in force, display in a conspicuous place outside the vehicle testing station at which he is authorised to carry out examinations a sign of the size, colour and type shown in diagram 864.1 in Schedule 4 (miscellaneous informatory signs) to the Traffic Signs Regulations and General Directions 2002;shall, so long as the authorisation is in force, display at each vehicle testing station at which he is authorised to carry out examinations, in some conspicuous place and so as to be legible by persons submitting vehicles for examination at that testing station—the authorisation in which that testing station is specified; anda list of the names of the individuals for the time being approved or authorised by the Secretary of State to carry out examinations at that testing station;

• andafter not less than three clear days' notice given to the authorised examiner by the Secretary of State, shall make available—any vehicle testing station at which he is authorised to carry out examinations; andthe apparatus at that testing station with which examinations are carried out,

• for the purpose of the carrying out by a section 66A examiner of any examination or the investigation of a complaint as to the result of an examination (whether or not the examination was carried out at that testing station).

The corporate authorisation conditions

8C

The conditions referred to in regulation 8(5) are—

• (a) that the authorised examiner shall, so long as the authorisation is in force, secure—

• (i) where the examiner is a company, that at least one of its directors or senior managers has successfully completed a course of instruction in the functions of authorised examiners, provided under section 45(6A) of the 1988 Act; and

• (ii) where the examiner is persons in partnership, that at least one of the partners has successfully completed such a course;

• (b) that, where the authorised examiner is persons in partnership and there is a change in the firm’s constitution, it shall inform the Secretary of State, at the office of DVSA for the area in which its testing station is situated, of the particulars of the change within 7 days of the effective date of the change; and

• (c) that, where the authorised examiner is a company and a person becomes, or ceases to be—

• (i) the secretary of the company,

• (ii) a director, or

• (iii) a senior manager to whom the description mentioned in paragraph (a)(i) applies,

• it shall inform the Secretary of State, at the office of DVSA for the area in which its testing station is situated, of the occurrence of that event, and of the identity of the person or persons concerned, within 7 days of the occurrence of the event.

The individual authorisation conditions

8D

The conditions referred to in regulation 8(6) are that the individual to whom the authorisation relates—

• (a) shall not carry out any examination—

• (i) unless he has successfully completed a course of instruction in the carrying out of examinations provided under section 45(6A) of the 1988 Act;

• (ii) at a particular vehicle testing station, unless by electronic communication to the Secretary of State, at the office of DVSA for the area in which that testing station is situated, or by such other means as the Secretary of State may from time to time require, he has informed the Secretary of State of his intention to carry out examinations at that testing station;

• (b) shall, within 7 days of entering into a partnership with a view to carrying on at his vehicle testing station a business comprising the carrying out of examinations, inform the Secretary of State, at the office of DVSA for the area in which his vehicle testing station is situated, of his entry into partnership and of the identity of the other members of the firm; and

• (c) shall complete a course of instruction in the functions of authorised examiners provided under section 45(6A) of the 1988 Act.

The designation conditions

8E

The conditions referred to in regulation 8(6) are that the council—

• (a) shall comply with any limitation as to—

• (i) the class of motor vehicle that may be examined;

• (ii) the type of examination that may be carried out; or

• (iii) the vehicle testing station at which examinations may be carried out,

• to which the designation is expressed to be subject;shall not cause or permit examinations to be carried out at any of their vehicle testing stations—by a person other than an inspector or a section 66A examiner; orunless at least one individual (who may be an inspector), employed by the council, has completed a course of instruction in the functions of designated councils under these Regulations, provided under section 45(6A) of the 1988 Act;shall, as regards each of their vehicle testing stations, by electronic communication or notice to the Secretary of State, at the office of DVSA for the area in which the testing station is situated, inform the Secretary of State—of the names of the inspectors appointed by the council to carry out examinations at that testing station; andof the revocation of the appointment of any such inspector;shall secure that every test certificate resulting from an examination carried out at any of their testing stations is signed by the person who carried out the examination or by such other person as the Secretary of State may in any particular case direct;shall secure that every notice of the refusal of a test certificate resulting from an examination carried out at any of their testing stations is signed by the person who carried out the examination;shall comply with any direction of the Secretary of State as to the individuals by whom—examinations may not be carried out; ortest certificates or notices of the refusal of a test certificate may not be signed;shall, subject to regulation 8F, so long as the designation remains in force, display in a conspicuous place outside the vehicle testing station to which the designation relates, a sign of the size, colour and type shown in diagram 864.1 in Schedule 4 (miscellaneous informatory signs) to the Traffic Signs Regulations and General Directions 2002;shall, so long as the designation remains in force, display at each vehicle testing station to which the designation relates, in some conspicuous place and so as to be legible by persons submitting vehicles for examinations at that testing station—the designation in which that testing station is specified; anda list of the names of the inspectors for the time being approved by the Secretary of State to carry out examinations at that testing station; andafter not less than three clear days' notice given to the council by the Secretary of State, shall make available—any vehicle testing station to which their designation relates; andthe apparatus at that testing station with which examinations are carried out,

• for the purpose of the carrying out by a section 66A examiner of any examination or the investigation of a complaint as to the result of an examination (whether or not the examination was carried out at that testing station).

Supplementary provision relating to vehicle testing station signs

8F

• (1) This paragraph applies to a sign—

• (a) exhibited outside a vehicle testing station immediately before 1st June 2003; and

• (b) of the size, colour and type shown in diagram 864 in Schedule 4 to the Traffic Signs Regulations 1994 (“a vehicle testing station sign”).

• (2) A sign to which paragraph (1) applies shall, for the purposes of regulations 8B(h) and 8E(g), be treated as a vehicle testing station sign so long as it continues—

• (a) to be exhibited outside the vehicle testing station outside which it was exhibited immediately before 1st June 2003; and

• (b) to comply with the Traffic Signs Regulations 1994 as if those Regulations had not been revoked.

Cessations: general

Cessations: action by Secretary of State

Cessations: return of documents and apparatus

Notification of examinations and results

Other records to be kept and returns to be furnished

Correction of errors in records and test certificates

23A

• (1) A person authorised in that behalf by the Secretary of State may, in accordance with the terms of his authorisation, correct an error in the records or in any test certificate.

• (2) Subject to paragraph (3), a test certificate may be corrected at any time during the period of the certificate’s validity.

• (3) Where, in respect of the same vehicle, two or more test certificates are valid, a correction may be made only to the certificate that is the later or latest to be issued.

• (4) The person by whom a correction is made shall—

• (a) if appropriate, make an entry in the electronic record to reflect the correction; and

• (b) where the correction is of an error in a test certificate, supply to the person who furnishes the certificate containing the error, the test certificate (as corrected) generated by the system supporting the electronic record.

Inspection of premises, apparatus and records

Return of apparatus and documents

24A

• (1) Without prejudice to regulation 11, the Secretary of State may at any time, by notice or electronic communication to an authorised examiner or designated council, require the examiner or council—

• (a) to deliver to him, at such place and within such period as may be specified in the notice or communication; or

• (b) to permit the collection, from such premises as may be specified in the notice or communication, of,

apparatus or documents supplied to the examiner or council, by or on behalf of the Secretary of State, for the purposes of, or for purposes connected with, examinations to be carried out at any of the examiner’s or council’s vehicle testing stations.

• (2) A communication or notice under paragraph (1) may refer to the delivery or collection of—

• (a) particular apparatus or apparatus of a description specified in the communication or notice;

• (b) a particular document or documents of a description so specified.

Charges for entries in the electronic record and payments on account

Charges for apparatus, etc. connected with the electronic record

25A

• (1) Subject to paragraphs (2) to (5), an authorised examiner or designated council shall pay to the Secretary of State or to such other person as, by notice to the examiner or council, he may direct, in respect of the provision by him, or on his behalf, of any apparatus or service specified in column (1) of the Table in Schedule 3 to these Regulations, the amount specified in relation to that apparatus or service in column (2) of that Table.

• (2) Item 1 shall be provided free of charge unless—

• (a) the visit is the second (or subsequent) to the vehicle testing station for the purpose of installing apparatus and is attributable to a failure on the part of the authorised examiner or, as the case may be, the designated council, to comply with requirements notified by or on behalf of the Secretary of State in advance of the date appointed for the first (or previous) visit; or

• (b) the visit is attributable to the cancellation, by the authorised examiner or, as the case may be, the designated council, of an arrangement to install apparatus at an earlier date.

• (3) The Secretary of State may waive any charge payable in respect of item 1 or item 2.

• (3A) Item 2A shall be provided free of charge unless—

• (a) the visit is necessary as a result of a failure on the part of the authorised examiner or, as the case may be, the designated council, to provide adequate access to the apparatus during the first (or previous visit); or

• (b) the visit is attributable to the cancellation, by the authorised examiner or, as the case may be, the designated council, of an arrangement to assess, repair or replace apparatus at an earlier date.

• (3B) The Secretary of State may waive any charge payable in respect of item 2A.

• (4) Items 6 to 15 shall be provided free of charge where the apparatus to be replaced is unserviceable by reason of fair wear and tear or a defect at the time of supply.

• (5) Item 16 shall be provided free of charge except where the apparatus to be replaced—

• (a) is unserviceable for reasons other than fair wear and tear or a defect at the time of supply; and

• (b) is the third (or subsequent) item of that description to have become unserviceable in the preceding five years for reasons other than fair wear and tear or a defect at the time of supply.

• (6) Where, as respects apparatus of a description specified in column (1) of the Table in Schedule 3 to these Regulations—

• (a) a person fails to comply with regulation 11(1) or a requirement imposed under regulation 24A(1); or

• (b) the apparatus delivered or, as the case may be, made available for collection, in compliance with that provision or requirement, is in an unserviceable condition by reason other than fair wear and tear; or

• (c) the person to whom it was supplied is unable to return it to the Secretary of State,

the Secretary of State may, by notice to the person concerned, require the payment to him of such amount, not exceeding that specified in relation to the apparatus in column (2) of that Table, as may be specified in the notice.

• (7) In this regulation, references to a numbered item are references to the apparatus or service bearing that number in column (1) of the Table in Schedule 3 to these Regulations.

Refunds

25B

• (1) As soon as reasonably practicable after a cessation has taken effect in accordance with regulation 9 or 10, the Secretary of State shall repay to the person or council concerned the amount (if any) determined in accordance with the formula A–B, where—

• “A” is the amount held by the Secretary of State immediately before the cessation on account of any charge that might have become payable by that person or council in connection with the carrying out of examinations; and

• “B” is the amount payable to the Secretary of State in accordance with regulation 25A(6).

• (2) On receipt of any unused forms for test certificates sent to him in accordance with regulation 11(1) or (2), the Secretary of State shall repay to the person or council concerned, an amount equal to the amount paid to the Secretary of State by that person or council for the supply of those forms.

• (3) Where unissued and cancelled forms for test certificates are returned to the Secretary of State because they have been spoilt or defaced, the Secretary of State may make a refund to the person or council concerned of such amount as he considers appropriate.

Notices

Computation of time

Certificates of temporary exemption

Access to particulars in the records

29

The Secretary of State may make particulars contained in the records (including the electronic record) available for use—

• (a) by a chief officer of police; or

• (b) on payment of a fee, if any is required by the Secretary of State to be paid, of such amount as appears to the Secretary of State to be reasonable in the circumstances of the case, by any person who can show to the satisfaction of the Secretary of State that he has reasonable cause for wanting the particulars to be made available to him.

Sale of particulars in, and information derived from, the records

30

The Secretary of State may sell particulars contained in, or information derived from, the records (including the electronic record)—

• (a) to such persons as he thinks fit, and

• (b) for such price and on such other terms, and subject to such restrictions, as he thinks fit,

if those particulars do not (or that information does not) identify the premises at which any examination was carried out or any person concerned with the carrying out of the examination.

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

(1)	(2)
Apparatus or service	Amount £
1. Visit to vehicle testing station for installation of apparatus associated with the electronic record.	142.86
2. Second (or subsequent) course of training, other than at vehicle testing station, in use of apparatus for accessing the electronic record.	179.19
2A. Second (or subsequent) visit to vehicle testing station for assessment, repair or replacement of apparatus associated with the electronic record.	102.82
3. Supply and commissioning of additional measuring equipment interface device.	137.38
4. Supply of additional measuring equipment interface device.	41.61
5. Supply and commissioning of additional VTS device.	801.53
6. Supply and commissioning of VTS device (replacement).	801.53
7. Supply and commissioning of computer base unit (replacement).	643.32
8. Supply and commissioning of monitor (replacement).	208.63
9. Supply and commissioning of keyboard (replacement).	130.11
10. Supply of keyboard (replacement).	34.33
11. Supply and commissioning of printer (replacement).	206.51
12. Supply and commissioning of pointing device (replacement)	129.85
13. Supply of pointing device (replacement).	34.08
14. Supply and commissioning of measuring equipment interface device (replacement).	137.38
15. Supply of measuring equipment interface device (replacement).	41.61
16. Smart card (replacement).	12.63
17. Plain paper (500).	7.67

Review of the prescribed requirements for tests

31

• (1) The Secretary of State must—

• (a) conduct a review of the operation and effect of the prescribed statutory requirements in Schedule 2;

• (b) set out the conclusions of the review in a report; and

• (c) publish a report.

• (2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how, insofar as it relates the prescribed statutory requirements, Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers is implemented in other member States of the EU.

• (3) The report must in particular—

• (a) set out the objectives intended to be achieved by the prescribed construction and use requirements;

• (b) assess the extent to which those objectives are achieved; and

• (c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

• (4) The first report under this regulation must be published before 20th March 2018.

• (5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.