Office of Public Sector Information
Section 67.
1 Where the driver is the owner of the vehicle, he may at the time of electing that the test shall be deferred—
(a) specify a period of seven days within which the deferred test is to take place, being a period falling within the next thirty days, disregarding any day on which the vehicle is outside Great Britain, and
(b) require that the deferred test shall take place on premises then specified by him where the test can conveniently be carried out or that it shall take place in such area in England and Wales, being a county district or Greater London, or such area in Scotland, being an islands area or district, as he may specify at that time.
2 When the driver is not the owner of the vehicle he shall inform the examiner of the name and address of the owner of the vehicle and the owner shall be afforded an opportunity of specifying such a period, and such premises or area.
3 (1) Where under the preceding provisions of this Schedule a period has been specified within which the deferred test is to be carried out, the time for carrying it out shall be such time within that period as may be notified, being a time not earlier than two days after the giving of the notification.
(2) Where no such period has been specified, the time for the carrying out of the deferred test shall be such time as may be notified, being a time not earlier than seven days after the giving of the notification.
(3) Where premises have been specified under the preceding provisions of this Schedule for the carrying out of the deferred test, and the test can conveniently be carried out on those premises, it must be carried out there.
(4) Where sub-paragraph (3) above does not apply, the place for carrying out the deferred test shall be such place as may be notified with the notification of the time for the carrying out of the test, and where an area has been so specified the place shall be a place in that area.
(5) Notwithstanding the preceding provisions of this paragraph, the time and place for the carrying out of the deferred test may be varied by agreement between an authorised examiner and the owner of the vehicle.
(6) In this paragraph—
“notified” means notified in writing to the owner of the vehicle on behalf of the Secretary of State, and
“notification” shall be construed accordingly,
and any notification under this paragraph may be given by post.
4 The owner of the vehicle must produce it, or secure its production, at the time and place fixed for the carrying out of the deferred test.
5 (1) References in this Schedule to the owner of a vehicle are references to the owner of the vehicle at the time at which the election is made under section 67(6) of this Act that the test should be deferred.
(2) For the purposes of this Schedule—
(a) subject to sub-paragraph (b) below, if at the time at which that election is made the vehicle is in the possession of a person under a hire-purchase agreement or hiring agreement, that person shall be deemed to be the owner of the vehicle to the exclusion of any other person,
(b) if at that time the vehicle is being used under an international circulation permit, the person to whom the permit was issued shall be deemed to be the owner of the vehicle to the exclusion of any other person.
Section 131.
1 On an appeal under section 131 of this Act, the Registrar shall be made respondent.
2 (1) The Secretary of State shall refer every such appeal to a person, or two or three persons, appointed by him to hold an inquiry and report to him.
(2) The person or persons so appointed may be appointed either for the purposes of one particular inquiry, or of inquiries into any such appeal that may be made to the Secretary of State during such period as the Secretary of State may determine.
(3) No person so appointed shall be an officer of the Secretary of State.
(4) The Secretary of State may, for the purpose of any such inquiry, appoint up to three assessors to advise the person or persons holding it on matters arising out of it.
(5) The Secretary of State shall, before making an order under section 131 of this Act, consider any report made to him under this paragraph.
(6) The Secretary of State shall pay to any person or persons holding inquiries under this paragraph and to any assessors appointed under this paragraph such fees and such expenses, if any, incurred by them as he may, with the approval of the Treasury, determine.
3 (1) The Secretary of State may by rules made by statutory instrument make provision as to the procedure on an appeal under section 131 of this Act.
(2) In particular, but without prejudice to the generality of sub-paragraph (1) above, the rules may make provision—
(a) prescribing the form and contents of the notice of appeal,
(b) enabling the party to an appeal to appear at an inquiry held under this Schedule by counsel or a solicitor or any person of such other description, if any, as may be specified by the rules,
(c) requiring proceedings on any such inquiry to be held in public, except in so far as may otherwise be provided by the rules,
(d) defining the functions of any assessors appointed by the Secretary of State.
4 (1) The Secretary of State may on an appeal under section 131 of this Act—
(a) order the appellant to pay the whole or part of the costs incurred by the Secretary of State in connection with the appeal, or
(b) direct that the whole or part of the costs of the appellant incurred in connection with the appeal shall be treated as part of the administrative expenses of the Secretary of State.
(2) The Secretary of State may certify the amount of any such costs, and any amount so certified and ordered to be paid by the appellant shall be recoverable from him.
5 Section 180 of this Act, in its application to an inquiry caused by the Secretary of State to be held under paragraph 2 above, shall have effect as if subsection (1)(d) were omitted.
Road Traffic Act 1988