The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1989

Made: 6th March 1989

Laid before Parliament: 10th March 1989

Coming into force: 1st April 1989

The Secretary of State for Transport, in exercise of the powers conferred by section 50(1) of the Road Traffic Act 1972[^f00001] now vested in him[^f00002], and of the powers conferred by section 56(1) and (2) of the Finance Act 1973[^f00003] with the consent of the Treasury, and of all other enabling powers, and in relation to the exercise of the powers conferred by section 50(1) of the Road Traffic Act 1972, after consultation with representative organisations in accordance with section 199(2) of that Act, hereby makes the following Regulations:–

Commencement and citation

1

These Regulations shall come into force on 1st April 1989 and be cited as the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1989.

Revocation

2

The Regulations specified in Schedule 7 are hereby revoked.

Interpretation

3

• (1) Unless the context otherwise requires, any reference in these Regulations to:

• (a) a numbered regulation or Schedule is a reference to the regulation of or Schedule to these Regulations bearing that number;

• (b) a numbered paragraph is a reference to the paragraph bearing that number in the regulation or Schedule in which that number appears; and

• (c) a numbered section is a reference to the section bearing that number in the Road Traffic Act 1972.

• (2) In these Regulations, except where the context otherwise requires:–

• “applicant” means an applicant for the issue of a type approval certificate or authorisation for a vehicle or vehicle part for the purpose of a Community Instrument or ECE Regulation, an applicant for the issue of a type approval certificate or Minister’s approval certificate for a vehicle or vehicle part for the purpose of the national type approval scheme, or an applicant for the issue of a sound level measurement certificate;

• “approval mark” means a marking designated as an approval mark by Regulations made under section 63;

• “approval requirements” means— the requirements for examination and approval as regards the type approval requirements specified in– a Community Instrument; Schedule 1 to the Great Britain Regulations; Schedule 1 to the Great Britain Regulations for Goods Vehicles; and an ECE Regulation; or the requirements for examination and marking authorisation relating to a marking designated as an approval mark by the Motor Vehicles (Designation of Approval Marks) Regulations 1979[^f00004]

• “authorisation” means an authorisation in writing given by the Secretary of State for the application of an approval mark to a vehicle or vehicle part;

• “Community Instrument” means a Council Regulation, a Council Directive or a Commission Directive;

• “ECE Regulation” means a Regulation annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958[^f00005] as amended[^f00006] to which the United Kingdom is a party[^f00007];

• “examination” means any examination or test, or series of examinations or tests carried out on a vehicle or vehicle part to ascertain that in respect of that vehicle or vehicle part approval requirements have been satisfied;

• “Great Britain Regulations” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984[^f00008];

• “Great Britain Regulations for Goods Vehicles” means the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982[^f00009];

• “Government or approved premises” means premises established or approved by the Secretary of State for Transport for the examination of vehicles or vehicle parts for the purposes of the national type approval scheme, or for the purpose of a Community Instrument or an ECE Regulation;

• “motorcycle” has the same meaning as in the Motorcycles (Sound Level Measurement Certificates) Regulations 1980[^f00010];

• “national type approval scheme” means the scheme for the type approval of vehicles and vehicle parts provided for in the Great Britain Regulations and the Great Britain Regulations for Goods Vehicles;

• “sound level measurement certificate” has the same meaning as in the Motorcycles (Sound Level Measurement Certificates) Regulations 1980;

• “type approval certificate”, “Minister’s approval certificate” and “authorisation” include a modified or duplicate type approval certificate, Minister’s approval certificate or authorisation as the case may be;

• “Type Approval Regulations” means the Motor Vehicles (Type Approval) Regulations 1980[^f00011].

• (3) A reference in these Regulations to a vehicle in category L2 or L5 is a reference to a vehicle described respectively as L2 or L5 in ECE Regulation 13 of 29th May 1969 and a reference to a vehicle in category M1, M2, M3, N1, N2 or N3 is a reference to a vehicle described respectively as M1, M2, M3, N1, N2 or N3 in Council Directive 70/156/EEC of 6th February 1970[^f00012] as amended.

Fees-basic scale for examinations of vehicles or parts of vehicles

4

• (1) In this regulation any reference to a numbered column is a reference to the column bearing that number in Part II of Schedule 1.

• (2) Subject to the subsequent provisions of these Regulations, the fee prescribed as regards an approval requirement specified in relation to a fee number in column 1 is the fee specified in relation to that fee number in column 4.

• (3) Part I of Schedule 1 contains an index to Part II of that Schedule.

• (4) Where, in relation to an approval requirement specified in column 2, more than one type of examination or more than one type of vehicle or vehicle part is specified in column 3 in connection with that approval requirement, the fee prescribed as regards that approval requirement is that specified in column 4 opposite the examination, vehicle or vehicle part in question.

• (5)

• (a) The fees specified in column 4(a) are hereby prescribed in a case where the examination is to be carried out on Government or approved premises by an officer of the Department of Transport or a person appointed by the Secretary of State to act on his behalf, and

• (b) the fees specified in column 4(b) are hereby prescribed in a case where the examination is to be carried out at other premises under the supervision of an officer of the Department of Transport or a person appointed by the Secretary of State to act on his behalf.

• (6) Schedule 6 shall have effect for the interpretation of–

• (a) certain expressions relating to Community Instruments and ECE Regulations, and

• (b) certain abbreviations,

used in Schedule 1.

Fees—consecutive examinations

5

Where more than one vehicle or vehicle part of the same type but embodying minor variations are submitted by an applicant with a view to carrying out the examinations consecutively on each item, and the case is one where all the examinations can be carried out without setting up the examination apparatus again, the fee to be paid for the carrying out of each examination after the first one is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the work involved in carrying out such examination.

Fees—partial examinations

6

• (1) Where a certificate to which this paragraph applies has been issued in relation to a vehicle or vehicle part and in consequence of an alteration in the design specification of the vehicle or vehicle part, either–

• (a) a further examination of the vehicle or vehicle part is needed with a view to the issue of a modified or further certificate but the alteration is not so extensive as to require that the further examination shall be as complete and exhaustive as the original examination, or

• (b) an applicant requires a modification of a certificate, but the alteration is not so extensive as to require a further examination of the vehicle or vehicle part and can be carried out on an examination of data supplied by the applicant,

the fee for such an examination is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate.

• (2) Paragraph (1) applies to–

• (a) a sound level measurement certificate, or

• (b) a type approval certificate, or an authorisation, in relation to

• (i) a Community Instrument, or

• (ii) an ECE Regulation; or

• (c) a type approval certificate, or a Minister’s approval certificate, in relation to the national type approval scheme.

• (3) Where, in the case of any examination as is mentioned in regulation 4 or 5 or in paragraph (1):–

• (a) it has been found impossible to complete the examination satisfactorily, or

• (b) the vehicle or vehicle part submitted for the examination does not satisfy completely the requirements of the examination,

and in consequence, a further, but partial, examination of the vehicle or vehicle part is required, the fee to be paid for such further examination is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the nature and extent of the further, but partial, examination.

• (4) Where more than one vehicle or vehicle part of the same type but embodying minor variations are submitted by an applicant and it is unnecessary to submit each individual vehicle or vehicle part to a complete examination, the fee to be paid for the carrying out of the partial examination on a particular vehicle or vehicle part is such proportion of the fee prescribed in regulation 4 of as the Secretary of State considers to be appropriate in view of the nature and extent of the partial examination.

Fees—final examination of complete vehicle

7

• (1) The fee for the final examination of a vehicle to which the Great Britain Regulations apply with a view to the issue in respect of that vehicle of a document specified in column 1 of Schedule 2 where, before the examination takes place, type approval procedures have been carried out (whether in Great Britain or elsewhere) to ascertain that in respect of that vehicle all the approval requirements which–

• (a) are referred to in Schedule 1 to those Regulations,

• (b) relate to particular parts or aspects of a vehicle, and

• (c) are applicable to the vehicle

have been satisfied, is of the amount specified in column 3 of Schedule 2.

• (2) The fee for the final examination of a vehicle to which the Great Britain Regulations for Goods Vehicles apply with a view to the issue in respect of that vehicle of a document specified in column 1 of Schedule 3 where, before the examination takes place, type approval procedures have been carried out (whether in Great Britain or elsewhere) to ascertain that in respect of that vehicle all the approval requirements which

• (a) are referred to in Schedule 1 to those Regulations,

• (b) relate to particular parts or aspects of a vehicle, and

• (c) are applicable to the vehicle

have been satisfied, is of the amount specified in paragraph (3).

• (3) The amount referred to in paragraph (2) is the amount shown in–

• (a) column 2(a) of Schedule 3 if the vehicle is in category L2, L5 or N1,

• (b) column 2(b) of Schedule 3 if the vehicle is in category N2, and

• (c) column 2(c) of Schedule 3 if the vehicle is in category N3.

• (4) Where in the case of an examination of a complete vehicle mentioned in paragraphs (1) or (2) above:–

• (a) it has been found impossible to complete that examination satisfactorily, or

• (b) the vehicle has been found not to comply in all aspects with the relevant approval requirements, or

• (c) the vehicle is one which has been assembled in more than one stage by more than one manufacturer, or

• (d) a type approval certificate or Minister’s approval certificate has previously been issued in respect of the model of the vehicle but the vehicle incorporates certain changes in detail not covered by that certificate,

and in consequence a further, but partial examination, of the vehicle is required before the relevant document can properly be issued in respect of it, the fee for that partial examination shall be such proportion of the relevant sum specified in Schedule 2 or, as the case may be, Schedule 3 as the Secretary of State considers to be appropriate in view of the nature and extent of that partial examination.

Fees—avoidance of duplication

8

Where the examination of a vehicle or vehicle part for the purposes of a Community Instrument or ECE Regulation is carried out at the same time as the examination of that vehicle or vehicle part for the purposes of the national type approval scheme, then in so far as one and the same operation or series of operations serves for both examinations, the fee payable under these Regulations shall be the fee for only one examination.

Fees—issue of documents

9

• (1) The fee for the issue of a document of a type specified in column 1 of Schedule 4 (being a document relating to a vehicle part) is the fee of the amount specified in relation thereto in column 3 of Schedule 4.

• (2) The fee for the issue of a document specified in column 1 of Part I of Schedule 5 (being a document relating to a vehicle to which the Great Britain Regulations apply) is the amount specified in relation thereto in column 3 of Part I of Schedule 5.

• (3) The fee for the issue of a document specified in column 1 of Part II of Schedule 5 (being a document relating to a vehicle to which the Great Britain Regulations for Goods Vehicles apply) is the amount specified in relation thereto in column 3 of Part II of Schedule 5.

• (4) The fee for the issue of a sound level measurement certificate is £40.

Fees—visits outside the United Kingdom

10

• (1) Where, in connection with an application for or the performance of the carrying out, or supervision by or on behalf of the Secretary of State, of an examination of a vehicle or vehicle part in relation to the issue of a type approval certificate or authorisation for the purpose of a Community Instrument, or ECE Regulation, or in relation to a type approval certificate or Minister’s approval certificate for the purpose of the national type approval scheme, a visit to a place outside the United Kingdom is made, or is arranged to be made, by one or more persons acting for or on behalf of the Secretary of State, then in addition to the fee or fees prescribed by the regulations above, there shall be paid by the applicant on demand by or on behalf of the Secretary of State a further fee equal to the total of–

• (a) the travelling and subsistence expenses reasonably incurred or expected to be incurred otherwise than on land in the United Kingdom by each person so acting in relation to the application or examination (including expenses outstanding after the cancellation of any travelling or subsistence arrangements which result from the withdrawal of any such application), and

• (b) the whole, or such proportion as the Secretary of State may determine is reasonably attributable to the application or examination, of a sum of £45 for each hour spent or expected to be spent by each person so acting whilst travelling otherwise than on land in the United Kingdom, wholly or partly in relation to the application or examination.

• (2) If payments are made in accordance with paragraph (1) in respect of travelling and subsistence expenses expected to be incurred, or in respect of time expected to be spent in travelling, there shall be refunded to the applicant, in the event of the expectation not being fulfilled, any balance remaining of the payment in respect of the travelling and subsistence expenses which was expected to be incurred and the whole of the payment in respect of time which was expected to be spent in travelling.

Payment of fees

11

• (1) The fee for the carrying out or supervision of an examination of a vehicle or vehicle part in connection with the issue of a type approval certificate or authorisation, for the purpose of a Community Instrument, or ECE Regulation or in connection with the issue of a sound level measurement certificate shall be paid when the application is made for the issue of the type approval certificate, authorisation or sound level measurement certificate for the vehicle or vehicle part in question.

• (2) The fee for the carrying out or supervision of an examination of a vehicle or vehicle part in connection with the issue of a type approval certificate or a Minister’s approval certificate shall be paid when the applicant is notified by the Secretary of State in accordance with the provisions of the Great Britain Regulations, or the Great Britain Regulations for Goods Vehicles of the fee payable.

• (3) The fee for the issue of a document specified in Schedule 4 or 5 shall be paid:–

• (a) in a case where the examination of a vehicle or vehicle part for which a fee is payable under these Regulations is required before the document is issued, when the applicant is notified of the result of the examination, and

• (b) in any other case, when the application is made for the issue of the document.

Fees on withdrawals and cancellations

12

• (1) Subject to the provisions of regulation 13, if an applicant:–

• (a) after he has been notified of the time and place for the examination withdraws his application, or

• (b) does not submit the vehicle or vehicle part for the examination at the time and place fixed therefor,

he shall be liable to pay a cancellation fee to cover the abortive work involved in dealing with the application and making arrangements for the examination.

• (2) In the case of an examination of a vehicle or vehicle part to which a fee specified in Schedule 1 applies–

• (a) if the Secretary of State is, not less than 7 days before the date fixed for the examination, notified of the withdrawal or of the intention not to submit the vehicle or vehicle part for the examination, the cancellation fee shall be £75;

• (b) if the Secretary of State is not so notified within that period,

• (i) where the fee is specified in column (a) of Schedule 1, the cancellation fee shall be a quarter of that fee plus any wasted expenses reasonably incurred by the Secretary of State in the provision of any facility for the particular examination, or

• (ii) where the fee is specified in column (b) of Schedule 1, the cancellation fee shall be half of that fee or £165 whichever is the less.

• (3) In the case of a further or partial examination of a vehicle or vehicle part in the circumstances described in regulation 6, the cancellation fee shall be such proportion of the fee as the Secretary of State considers to be appropriate.

• (4) In the case of an examination of a vehicle to which a fee specified in Schedule 2 or Schedule 3 applies–

• (a) if the Secretary of State is, not less than 14 days before the date fixed for the examination, notified of the withdrawal or of the intention not to submit the vehicle for examination, the cancellation fee shall be £75;

• (b) if the Secretary of State is not so notified within that period, the cancellation fee shall be £220.

• (5) Any cancellation fee for which an applicant is liable in accordance with the foregoing provisions of this regulation shall be provided:–

• (a) in a case where the applicant has paid the fee prescribed by these Regulations for the examination in question, by the Secretary of State retaining the said cancellation fee from the fee which has been paid, or

• (b) in any other case by the applicant paying the said cancellation fee to the Secretary of State within 14 days of the issue by the Secretary of State of a request for such payment.

Submission of alternative vehicle or vehicle part for examination

13

Where an applicant does not wish, or is unable, to submit the vehicle or vehicle part in respect of which the application was made, for examination at the time and place appointed, but is able to submit for examination at that time and place some other vehicle or vehicle part which can conveniently be fitted into the programme of examinations being carried out at that place and in respect of which he has made an application he shall be entitled, subject to any adjustment by way of refund or additional payment so as to secure that the appropriate fee is paid for the examination which actually takes place, to have the sum which he originally paid applied in payment of the fee for that examination without being liable to pay a cancellation fee under regulation 12(1), but in that event he shall pay the appropriate fee prescribed by these Regulations when applying for a new appointment for the examination which he originally sought.

Fees to be paid in relation to prescribed and notifiable alterations

14

• (1) The fee prescribed in the event of particulars of a prescribed alteration being sent to the Secretary of State in accordance with regulation 10 of the Great Britain Regulations for Goods Vehicles is–

• (a) if the vehicle is one in respect of which a certificate of conformity has been issued–

• (i) £20 if the vehicle is in category L2, L5, or N1,

• (ii) £25 if the vehicle is in category N2 or N3;

• (b) if the vehicle is one in respect of which a Minister’s approval certificate has been issued–

• (i) £20 if the vehicle is in category L2, L5, or N1,

• (ii) £25 if the vehicle is in category N2 or N3.

• (2) The fee prescribed in respect of a notification made in accordance with a condition attached to a type approval certificate pursuant to section 48(1)(b) issued in respect of a vehicle to which the Great Britain Regulations for Goods Vehicles apply is–

• (a) £3 if the vehicle is in category L2, L5 or N1,

• (b) £7 if the vehicle is in category N2 or N3.

• (3) The fee prescribed in respect of a notification which is evidence of a kind mentioned in section 47(11) in respect of a vehicle to which the Great Britain Regulations for Goods Vehicles apply is–

• (a) £3 if the vehicle is in category L2, L5 or N1,

• (b) £7 if the vehicle is in category N2 or N3.

SCHEDULE 1

PART I — Index to the table of fees for the examination of vehicles or parts of vehicles set out in Part II.

PART II — TABLE OF FEES FOR THE EXAMINATION OF VEHICLES OR PARTS OF VEHICLES