Goods Vehicles (Plating and Testing) Regulations 1971

Publication Date:January 01, 1971
 
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1971No. 352

ROAD TRAFFIC

The Goods Vehicles (Plating and Testing) Regulations 1971

3rdMarch1971

17thMarch1971

1stApril1971

ARRANGEMENT OF REGULATIONS

PART I—GENERAL

 Regulation
Title and commencement … … … … … … 1
Revocation and Savings … … … … … … 2
Interpretation … … … … … … … 3
Application of Regulations … … … … … 4
Prescribed statutory requirements for goods vehicle tests 5
Supervision of tests … … … … … … 6
Authority to drive … … … … … … 7
Duties of driver of goods vehicle … … … … 8
Conditions subject to which vehicles accepted for
 examinations … … … … … … … 9 and 10

PART II—REGULATIONS GOVERNING FIRST EXAMINATIONS

Dates by which vehicles to be submitted for first
 examinations … … … … … … … 11
Manner of making applications for first examinations and
 fees therefor … … … … … … … 12
Time within which applications to be made … … 13
Notice of place and time for first examinations… … 14
Examination for plating … … … … … 15, 16, 17 and 18
Provision for goods vehicle test … … … … 19
Application for Part II re-tests … … … … 20
Fees for Part II re-tests … … … … … 21
Part II re-tests … … … … … … 22
Particulars to be contained in plating certificates … 23
Particulars to be contained in test certificates and
 notifications of refusal thereof … … … … 24
Period of validity of first goods vehicle test certificate 25
Appeals to area mechanical engineer … … … 26
Appeals to Secretary of State … … … … 27

PART III—REGULATIONS GOVERNING GOODS VEHICLE TESTS REQUIRED TO BE CARRIED OUT AT INTERVALS

Dates by which goods vehicles to be submitted for
 periodical tests … … … … … … 28, 29 and 30
Manner of making applications for periodical tests and
 fees therefor … … … … … … … 31
Time within which applications to be made … … 32
Notice of place and time for periodical test … … 33
Provision for periodical test … … … … 34
Application for Part III re-tests … … … … 35
Fees for Part III re-tests … … … … … 36
Part III re-tests … … … … … … 37
Form of certificates etc. … … … … … 38
Period of validity of goods vehicle test certificate
 issued on periodical tests … … … … … 39
Appeals following periodical tests … … … … 40

PART IV—REGULATIONS GOVERNING NOTIFIABLE ALTERATIONS, AMENDMENTS OF PLATING CERTIFICATES AND RE-EXAMINATIONS IN CONNECTION THEREWITH

Interpretation … … … … … … … 41
Secretary of State to be informed of notifiable alterations 42
Provision as to re-examination … … … … 43 and 44
Fee for re-examination … … … … … … 45
Conditions subject to which vehicles accepted for
 re-examination … … … … … … … 46
Re-examination … … … … … … … 47
Appeals following re-examinations … … … … 48

PART V—MISCELLANEOUS MATTERS

Method of payment of fees … … … … … 49
General provision as to fees … … … … … 50 and 51
Particular provision as to fees on appeal … … 52
Applications for replacements for plates, plating
 certificates and test certificates … … … 53
Provision as to notices under Regulations … … 54

PART VI—REGULATION RELATING TO CROWN VEHICLES

Provision as to Crown vehicles … … … … 55

PART VII—EXEMPTIONS

Exemption from s. 14(1) of the 1967 Act of the use of
 vehicles for certain purposes … … … … 56
Exemption from s. 14(2) of the 1967 Act of the use of
 vehicles for certain purposes … … … … 57
Exemption from s. 14(1) and (2) of the 1967 Act of the
 use of vehicles in certain areas … … … … 58
Exemption from s. 14(5) of the 1967 Act … … … 59
Certificates of temporary exemption … … … 60

SCHEDULES

Page

1. Provisions as to braking force for trailers … … 35
2. Classes of vehicle to which regulations do not apply 35
3. The prescribed construction and use requirements … 37
4. Fees payable on examinations … … … … 41
5. Regulations revoked by regulation 2 … … … 42

The Secretary of State for the Environment (hereinafter referred to as "the Secretary of State") in exercise of his powers under sections 9 and 14(8) of the Road Safety Act 1967(a), as amended by section 148 of the Transport Act 1968(b) and of all other enabling powers, and after consultation with representative organisations in accordance with the provisions of section 260(2) of the Road Traffic Act 1960(c), as applied by section 29(6) of the said Act of 1967, hereby makes the following Regulations:—

PART I—GENERAL

Title and commencement

1. These Regulations may be cited as the Goods Vehicles (Plating and Testing) Regulations 1971 and shall come into operation on the 1st April 1971.

Revocation and Savings

2.—(1) The Goods Vehicles (Plating and Testing) Regulations 1968(d) and the Regulations amending those Regulations specified in Schedule 5 are hereby revoked, and the said Regulations of 1968, as so amended, are hereinafter referred to as "the Regulations of 1968.".

(2) Notwithstanding the revocation of the Regulations of 1968, those Regulations, in so far as they apply in relation to a goods vehicle to which this paragraph applies for the purpose of providing for the date by which such a vehicle is required to be submitted for a first examination before the 1st April 1971 or for a periodical test before that date or for the purpose of providing for the time within which an application for such an examination or test is to be made, shall continue to apply for that purpose.

(3) The last preceding paragraph applies to a goods vehicle to which these Regulations apply—

(a) being a motor vehicle registered before the 1st April 1970, or

(b) being a motor vehicle manufactured before the 1st January 1968 and registered during the month of April, May or June 1970, or

(c) being a motor vehicle manufactured before the 1st January 1970 and not registered before the 1st July 1970, or

(d) being a trailer first sold or supplied by retail before the 1st April 1970, or

(e) being a trailer manufactured before the 1st January 1968 and first sold or supplied by retail during the month of April, May or June 1970, or

(f) being a trailer manufactured before the 1st January 1970 and not sold or supplied by retail before the 1st July 1970.

(4) In so far as any application for a first examination, periodical test or re-test made, particulars of a notifiable alteration, examination appointment card or notice sent, identification mark allotted, plating certificate, goods vehicle test certificate, notification of the refusal of such a certificate, certificate of temporary exemption or expedited certificate issued, or any other thing done, under a provision of the Regulations of 1968 could have been made, sent, allotted, issued or done under a corresponding provision of these Regulations, it shall not be invalidated by the revocation of the Regulations of 1968 but shall have effect as if made, sent, allotted, issued or done under that corresponding provision.

(a) 1967 c. 30.

(b) 1968 c. 73.

(c) 1960 c. 16.

(d) S.I. 1968/601 (1968 I, p. 1372).

(5) Without prejudice to paragraph (4) above, any reference in these Regulations to a thing done or made, or to an event which has occurred, under or for the purposes of or by reference to a provision of these Regulations shall, in so far as the context permits, be construed as including a reference to the corresponding thing done or made, or, as the case may be, to the corresponding event which occurred under, or for the purposes of, or by reference to, the corresponding provision of the Regulations of 1968.

Interpretation

3.—(1) In these Regulations, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:—

"the 1960 Act" means the Road Traffic Act 1960;

"the 1967 Act" means the Road Safety Act 1967;

"the Construction and Use Regulations" means the Motor Vehicles (Construction and Use) Regulations 1969(a) as amended (b);

"articulated vehicle" and "registered" have the same meanings respectively as in the Construction and Use Regulations;

"examination appointment card" means a notice mentioned in Regulation 14, 20(3), 26(4), 27(4), 33, 35(3), 43 or 44;

"first examination", in relation to a vehicle, means an examination being both an examination for plating and a first goods vehicle test;

"Minister" means the Minister of Transport;

"Ministry plate" means a plate issued by the Secretary of State for a goods vehicle following the issue or amendment of a plating certificate under these Regulations and in the form in, and containing the particulars required by, Schedule 11 to the Construction and Use Regulations;

"Ministry test date disc" means a plate issued by the Secretary of State for a goods vehicle, being a trailer, following the issue of a goods vehicle test certificate for that trailer under these Regulations and containing the following particulars namely:—

(a) the identification mark allotted to that trailer and shown in that certificate;

(b) the date until which that certificate is valid;

(c) the number of the vehicle testing station shown in the said certificate;

"Part II re-test", in relation to a vehicle, means an examination, being both an examination for plating and a goods vehicle test, carried out on a vehicle under Part II of these Regulations subsequent to a first examination of that vehicle;

"Part III re-test", in relation to a vehicle, means a goods vehicle test carried out on a vehicle under Part III of these Regulations subsequent to a periodical test of that vehicle;

"Part IV test", in relation to a vehicle, means a re-examination carried out on a vehicle under Part IV of these Regulations;

"periodical test", in relation to a vehicle, means a goods vehicle test carried out by virtue of Part III of these Regulations on a vehicle in respect of which a goods vehicle test certificate has been issued for that vehicle on a first examination thereof or as a result of a Part II re-test following that examination

(a) S.I. 1969/321 (1969 I, p. 829).

(b) The relevant amending instrument is S.I. 1970/49 (1970 I, p. 326).

or as a result of an appeal under Regulation 26, 27 or 55 following that examination or re-test;

"re-test", in relation to a vehicle, means either a Part II...

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