Goods Vehicles (Plating and Testing) Regulations 1988

Publication Date:January 01, 1988
 
FREE EXCERPT

1988No. 1478

ROAD TRAFFIC

The Goods Vehicles (Plating and Testing) Regulations 1988

22ndAugust1988

2ndSeptember1988

23rdSeptember1988

ARRANGEMENT OF REGULATIONS

PART I

General

Regulation

1. Citation and commencement.

2. Revocation.

3. Interpretation.

4. Application.

5. Prescribed requirements for tests.

6. Supervision of tests.

7. Authority to drive and duties of driver.

8. Conditions of acceptance of vehicle.

PART II

Timing and Method of Application for Examinations and Tests

9. Dates by which vehicles are to be submitted for first examinations.

10. Dates by which vehicles are to be submitted for periodical tests.

11. Period of validity of goods vehicle test certificate.

12. Manner of making application for first examinations or periodical tests, and fees.

13. Time of application for first examinations or periodical tests.

14. Notice of place and time of first examinations or periodical tests.

15. Application for re-tests following first examinations or periodical tests.

16. Fees for re-tests.

PART III

Regulations Governing First Examinations

17, 18, Examination for plating.

19 and 20.

21. Issue of plating certificates, and particulars to be contained therein.

22. Goods vehicle test.

23. Issue of goods vehicle test certificates (or of notices of refusal) and particulars to be contained therein.

24. Re-test procedure, and issue of plating and test certificates (or notices of refusal).

25. Appeals.

PART IV

Regulations Governing Periodical Tests

26. Periodical tests and issue of test certificates (or notices of reusal).

27. Re-test procedure and issue of test certificates (or notices of refusal).

28. Form of test certificates and notices of refusal.

29. Appeals.

PART V

Regulations Governing Notifiable Alterations, Amendments of Plating Certificates and Re-examinations in Connection Therewith

30 and 31. Secretary of State to be informed of notifiable alterations.

32. Other amendments to the plating certificate.

33. Provision as to re-examination.

34. Fee for re-examination.

35. Condition of acceptance of vehicle.

36. Re-examination procedure, and issue or amendment of plating certificates (or notices of refusal).

37. Appeals.

PART VI

Miscellaneous Matters

38. Method of payment of fees.

39. General provisions as to fees.

40. Provisions as to fees on appeal.

41. Replacements of plates and certificates.

42. Provisions as to notices.

PART VII

Crown Vehicles

43. Provision as to Crown vehicles.

PART VIII

Exemptions

44. Exemption from section 46(1) and (2) of the 1972 Act.

45. Exemption from section 51(2) of the 1972 Act.

46. Certificates of temporary exemption.

SCHEDULES

Schedule 1. Provisions as to braking force of trailers.

Schedule 2. Classes of vehicle to which these Regulations do not apply.

Schedule 3. Construction and use requirements prescribed in relation to goods vehicle tests on motor vehicles and trailers.

Schedule 4. Regulations revoked.

The Secretary of State for Transport, in exercise of the powers conferred by sections 45, 46(5) and 51(5) of the Road Traffic Act 1972 ( a) and now vested in him ( b), and of all other enabling powers, and after consultation with representative organisations in accordance with section 199(2) of that Act, hereby makes the following Regulations:-

PART I

GENERAL

Citation and commencement

1. These Regulations may be cited as the Goods Vehicles (Plating and Testing) Regulations 1988 and shall come into force on 23rd September 1988.

Revocation

2. The Regulations specified in Schedule 4 are hereby revoked.

Interpretation

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

"the 1971 Act" means the Vehicles (Excise) Act 1971 ( c);

"the 1972 Act" means the Road Traffic Act 1972;

"the Construction and Use Regulations" means the Road Vehicles (Construction and Use) Regulations 1986 ( d);

(a) 1972 c.20; section 45 was amended by the insertion of subsection 9A by the Passenger and Goods Vehicles (Recording Equipment) Regulations 1981 (S.I. 1981/1692).

(b) S.I. 1979/571 and 1981/238.

(c) 1971 c.10.

(d) S.I. 1986/1078; relevant amending instruments are S.I. 1986/1597 1987/676, 1133, 1988/271, 1178 and 1287.

"the National Type Approval for Goods Vehicles Regulations" means the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 ( a);

"agricultural motor vehicle", "agricultural trailer",

"agricultural trailed appliance", "agricultural trailed appliance conveyor", "articulated vehicle", "converter dolly", "dual-purpose vehicle", "engineering plant", "Ministry plate", "registered", "semi-trailer", "straddle carrier", "track-laying", "works trailer", and "works truck" have the same meanings respectively as in the Construction and Use Regulations;

"appeal officer" means the person appointed by the Secretary of State for the purposes of appeals to the Secretary of State;

"area engineer" means the area mechanical engineer appointed by the Secretary of State for the purposes of appeals other than appeals to the Secretary of State;

"auxiliary station" means a vehicle testing station which is regularly not open for the carrying out of re-tests on certain normal working days;

"break-down vehicle" means a motor vehicle-

(a) on which is permanently mounted apparatus designed for raising one disabled vehicle partly from the ground and for drawing that vehicle when so raised; and(b) which is not equipped to carry any load other than articles required for the operation of, or in connection with, that apparatus or for repairing disabled vehicles;

"examination" means any operation being-

(a) a first examination;(b) a re-test;(c) a periodical test;(d) a re-examination under regulation 33; or(e) a re-examination on an appeal under regulation 25, 29 or 37;

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

"Goods Vehicle Centre" means the Goods Vehicle Centre at Welcombe House, 91-92 The Strand, Swansea, SA1 2DH.

"living van" means a vehicle whether mechanically propelled or not which is used as living accommodation by one or more persons, and which is also used for the carriage of goods or burden which are not needed by such one or more persons for the purpose of their residence in the vehicle;

"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-

(a) the identification mark allotted to that trailer and shown in that certificate;(b) the date until which that certificate is valid; and(c) the number of the vehicle testing station shown in the said certificate;

"notifiable alteration", in relation to a vehicle, means-

(a) an alteration made in the structure or fixed equipment of the vehicle which varies the carrying capacity or towing capacity of the vehicle;(b) an alteration, affecting any part of a braking system or the steering system with which the vehicle is equipped or of the means of operation of either of those systems; or(c) any other alteration made in the structure or fixed equipment of the vehicle which renders or is likely to render the vehicle unsafe to travel on roads at any weight equal to any plated weight shown in the plating certificate for that vehicle.

"periodical test", in relation to a vehicle, means a goods vehicle test carried out under Part IV of these Regulations on a vehicle in respect of which a goods vehicle test certificate has been issued on a first examination of it or as a result of a re-test following that examination or as a result of an appeal under any provision in these Regulations;

(a) S.I. 1982/1271, amending instruments are S.I. 1984/697 and 1402 1985/46, 1986/427 and 1089 and 1987/1508.

"plated particulars" means those particulars which are required to be shown in a Ministry plate under Schedule 10 to the Construction and Use Regulations;

"plated weights" means such of the plated particulars related to gross weight, axle weight for each axle and train weight as are required to be shown in column (2) on the Ministry plate;

"play bus" means a motor vehicle which was originally constructed to carry more than 12 passengers but which has been adapted primarily for the carriage of play things for children (including articles required in connection with the use of those things);

"the prescribed construction and use requirements", in relation to a vehicle, means those of the requirements specified in Schedule 3 which apply to the vehicle;

"re-test", in relation to a vehicle, means an examination which is

(a) an examination for plating and a goods vehicle test carried out on a vehicle under Part III of these Regulations subsequent to a first examination of that vehicle as a result of which a notice of refusal was issued; or(b) a goods vehicle test carried out on a vehicle under Part IV of these Regulations subsequent to a periodical test of that vehicle as a result of which a notice of refusal was issued;

"Secretary of State" means the Secretary of State for Transport;

"sender" means a person who informs the Secretary of State of a notifiable alteration under regulation 30;

"sold or supplied by retail", in relation to a trailer, means sold or supplied otherwise than to a person acquiring solely for the purpose of resale or of resupply for a valuable consideration;

"the standard lists" means lists-

(a) prepared by the Secretary of State after consultation with representative organisations of the motor manufacturing and road transport industries and other connected organisations and published by the Goods Vehicle Centre; and(b) showing, as respects goods vehicles of a make, model and type specified in the lists and complying in the case of motor vehicles with certain particulars relating to the engine, transmision, brakes and dimensions so specified and in the...

To continue reading

REQUEST YOUR TRIAL