Goods Vehicles (Plating and Testing) Regulations 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/1478 |
| Year | 1988 |
1988 No. 1478
ROAD TRAFFIC
The Goods Vehicles (Plating and Testing) Regulations 1988
Made 22th August 1988
Laid before Parliament 2nd September 1988
Coming into force 23th September 1988
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 19721, and now vested in him2, 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 19713;
“the Construction and Use Regulations” means the Road Vehicles (Construction and Use) Regulations 19864;
“the National Type Approval for Goods Vehicles Regulations” means the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 19825;
“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;
“the 1972 Act” means the Road Traffic Act 1972;
“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;
“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 case of trailers with certain particulars relating to type of coupling, dimensions, brakes and tyres so specified (hereinafter referred to as “the constructional particulars”) the gross weight for, and the axle weight for each axle of, vehicles of that make, model and type and, in the case of motor vehicles, the train weight for vehicles of that make, model and type, the said weights being weights at or below which the Secretary of State considers vehicles of that make, model and type could safely be driven on roads having regard to— ii(i) the weights at which vehicles of that make, model and type were orginally designed to operate; i(ii) in the case of motor vehicles, the requirements as to brakes of regulations 15, 16 and 18 of the Construction and Use Regulations; (iii) in the case of trailers, the requirements of regulations 15 and 16 of the Construction and Use Regulations and the provisions of Schedule 1 as respects braking force; and
“vehicle testing station” means a station provided by the Secretary of State under section 45(9) of the 1972 Act.
(2) Any reference in these Regulations to—
(a)
(a) an examination for plating includes, in relation to a vehicle to which regulation 18 applies, an examination provided for in that regulation; and
(b)
(b) a vehicle of a make, model and type shall in relation to a trailer, include a reference to a vehicle of a make and bearing a serial number.
(3) For the purpose of these Regulations, in counting the number of axles of a vehicle, where the centres of the areas of contact between all the wheels and the road surface can be included between any two vertical planes at right angles to the longitudinal axis of the vehicle less than 1.02 metres apart, those wheels shall be treated as constituting one axle.
(4) For the purpose of these Regulations, in determining when a trailer is first sold or supplied by retail the date of such first sale or supply by retail shall in the case of a trailer which is constructed with a chassis be taken to be the date on which the chassis (with or without a body mounted on it) is first sold or supplied by retail and in the case of any other trailer be taken to be the date the trailer is first sold or supplied by retail.
(5) Unless the context otherwise requires, any reference in these Regulations to—
(a)
(a) a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations;
(b)
(b) a numbered paragraph is a reference to the paragraph bearing that number in the regulation or Schedule in which the reference appears;
(c)
(c) a vehicle is a reference to a vehicle to which these Regulations apply.
Application
4.—(1) Subject to paragraph (2), these Regulations apply to goods vehicles being—
(a)
(a) heavy motor cars and motor cars constructed or adapted for the purpose of forming part of an articulated vehicle;
(b)
(b) other heavy motor cars;
(c)
(c) other motor cars, the weight of which unladen exceeds 1525 kilograms;
(d)
(d)...
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