Statutory Instrument 1995 No. 2438

The Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 1995

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1995 No. 2438

ROAD TRAFFIC

The Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 1995

Made	14th September 1995

Laid before Parliament

18th September 1995

Coming into force

9th October 1995

The Secretary of State for Transport, in exercise of the powers conferred by sections 45 and 46 of the Road Traffic Act 1988^[1] and by the Department of Transport (Fees) Order 1988^[2], and of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:

    1.    These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 1995 and shall come into force on 9th October 1995.

    2.    The Motor Vehicles (Tests) Regulations 1981^[3] shall be further amended in accordance with the provisions of these Regulations.

    3.    In regulation 9, after paragraph (2) there shall be inserted the following paragraph—
"  (3)  Without prejudice to paragraph (2), the Secretary of State may give notice to an examiner—
(a) that a person has not attended a course of instruction approved by the Secretary of State when required to attend such a course by the Secretary of State; or

(b) that a person has attended such a course when required to do so by the Secretary of State but did not successfully complete it,

and on receipt of the notice the examiner shall arrange that the person shall no longer carry out or supervise examinations or sign test certificates, as the case may be.".

    4.    In regulation 10(5)(b), for "28" there shall be substituted "35".

    5.—(1)  Regulation 13 shall be renumbered as paragraph (1) of that regulation and in that provision as so re-numbered—
 (a) the words "or the Secretary of State" in each place where they occur shall be omitted;
 (b) the word "and" immediately after sub-paragraph (e) shall be omitted and after sub-paragraph (f) there shall be inserted the following sub-paragraphs—
"(g) the vehicle emits substantial quantities of avoidable smoke;

(h) a proper examination of the vehicle cannot readily be carried out as a consequence of any door, tailgate, boot lid, engine cover, fuel cap or other device designed to be capable of being readily opened, being locked or otherwise fixed so that it cannot be readily opened; or

(j) without prejudice to sub-paragraph (c), the condition of the vehicle is such that, in the opinion of the examiner or inspector, a proper examination of the vehicle would involve a danger of—
(i) injury to any person, or

(ii) damage to the vehicle or any other property.".


    (2)  After that provision as so renumbered there shall be inserted the following paragraph—
"  (2)  A reference in this Regulation to an examiner shall include a reference to an examiner appointed under section 66A of the Road Traffic Act 1988.".

    6.—(1)  Regulation 20 shall be amended as follows.

    (2)  In the sub-paragraphs of paragraph (1) specified in column (1) of the Table below, for the amounts specified in column (2) of that Table there shall be substituted the amounts specified in column (3) of that Table.
TABLE

(1)	(2)	(3)
Sub-paragraph of regulation 20(1)	Existing amount	Substituted amount
Sub-paragraph (a)	11.14	11.52
Sub-paragraph (aa)	18.78	19.42
Sub-paragraph (b)	21.98	22.74
Sub-paragraph (c)	26.10	27.38
Sub-paragraph (d)	33.04	34.18
Sub-paragraph (f)	28.84	29.84



    (3)  In paragraph (3A)(b), for the words "requirements specified in Schedule 2" there shall be substituted the words "matters" and the following matters shall be added to the list of matters in the appropriate places—
"anti-lock braking system warning device";
"brake pedal anti-slip devices";
"body condition where the re-examination of the body is carried out solely for the purposes of ascertaining whether there are any sharp edges or projections likely to cause injury";
"fuel filler cap";
"seats"; and
"steering wheel".

    7.    The Schedule to these Regulations (minor amendments) shall have effect.

Signed by authority of the Secretary of State for Transport

John Watts

Minister of State, Department of Transport

14th September 1995

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Notes:

[1] 1988 c. 52; sections 45 and 46 were amended by paragraphs 52 and 53 of Schedule 4 to the Road Traffic Act 1991 (c. 40). Section 66A was inserted by section 9(1) of that Act.

[2] S. I. 1988/643; the relevant reference is paragraph 1 of Table III and the relevant amending instrument is S.I. 1995/1684.

[3] S.I. 1981/1694; relevant amending instruments are S.I. 1984/1126, 1989/1694, 1991/1525 and 2229, 1992/566, 1609 and 3160 and 1994/2136.

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