The Motor Vehicles (Tests) (Amendment) Regulations 2006

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    " (3) Where, on an examination of a vehicle other than a vehicle in Class VI or VIA, it is found that some or all of the prescribed statutory requirements are not complied with or where, in the circumstances mentioned in regulation 16, a full examination of the braking system or systems of the vehicle is not carried out then—


(a) if the vehicle is left at the vehicle testing station at which the examination took place so that the defects which have been revealed can be repaired, no fee shall be payable in respect of a re-examination carried out there on the completion of those repairs, provided that the re-examination is carried out before the expiration of a period of 10 days starting on the day after the day of the initial examination; and

(b) if there has been no change to the authorised examiner at the vehicle testing station between those examinations.



    (3ZA) Where, on an examination of a vehicle other than a vehicle in Class VI or VIA, it is found that some or all of the prescribed statutory requirements are not complied with or where, in the circumstances mentioned in regulation 16, a full examination of the braking system or systems of the vehicle is not carried out then—



(a) if the vehicle is returned to the vehicle testing station at which the examination took place and a re-examination is carried out before the expiration of a period of 10 days starting on the day after the day of the initial examination, the fee payable shall be a maximum of one-half of the fee otherwise chargeable; and

(b) if there has been no change to the authorised examiner at the vehicle testing station between those examinations.".

    (3) In paragraph (3A), the words "IVA, VA," shall be omitted.

    (4) At the end of paragraph (3A)(a), there shall be added ", provided that there has been no change to the authorised examiner at the vehicle testing station between those examinations".

    (5) In paragraph (3A)(b)—

(a) the words "anti-lock braking system warning device" and "emissions" shall be omitted; and

(b) for "lamps;" there shall be substituted "lamps (other than headlamp aim);".

    (6) For paragraphs (3B) and (3C), there shall be substituted—

    " (3B) Subject to paragraph (3C), where, on an examination of a vehicle in Class IVA or VA, it is found that some or all of the prescribed statutory requirements, other than those referred to in item 28A in paragraph 3A of Schedule 2, are not complied with, then provided that—


(a) the vehicle is re-examined at the same testing station where it failed the examination; and

(b) there has been no change to the authorised examiner at the vehicle testing station since that examination,



the fee payable for the re-examination shall be calculated as if the vehicle was in Class IV or V respectively.

    (3C) Where, on the re-examination of a vehicle in Class IVA or VA, it is found that some or all of the prescribed statutory requirements, other than those referred to in item 28A in paragraph 3A of Schedule 2, are not complied with, if the vehicle is re-examined in the circumstances referred to in paragraph (3ZA), the fee payable for the re-examination shall be a maximum of one-half of the fee chargeable for a Class IV or V vehicle respectively.".

Signed by authority of the Secretary of State


S.J. Ladyman
Minister of State Department for Transport

20th July 2006

The amendments made by new paragraph (3), in respect of the position at point (a), will still allow a re-examination to be carried out without charge where the vehicle remains at the vehicle testing station but now the re-examination will need to be carried out before the expiration of 10 working days starting from the day after the day of the original examination. It is also subject to there having been no change to the authorised examiner at the vehicle testing station between the original examination and the re-examination. The position at point (b) will remain unchanged and vehicles brought back for re-examination on one of the items listed in regulation 20(3A)(b) by the end of the next working day will continue to be examined free of charge. But the position is now subject to the requirement that there has been no change in the authorised examiner at the vehicle testing station between the original examination and the re-examination (regulation 2(4)).

New paragraph (3ZA) additionally provides for vehicles that do not fall within new paragraph (3) or paragraph (3A). If these vehicles are returned to the same testing station before the expiration of 10 working days starting from the day after the day of the original examination the chargeable fee will be a maximum of one-half of the full fee.

In all other cases, the full fee is payable.

Regulation 2(3) removes the reference to Class IVA and VA vehicles from the exclusion to the re-examination provisions of regulation 20(3A). These classes of vehicle had benefited from the re-examination provisions by virtue of the previous paragraph (3C). The substitution of new paragraph (3C) required the exclusion to be amended so as to allow these classes of vehicles to continue to benefit from the re-examination provisions.

Regulation 2(5) deletes two items from, and makes a minor amendment to an item on, the list of items set out in regulation 20(3A)(b).

Regulation 2(6) substitutes a new paragraph (3B) and (3C) into regulation 20. The main change being made by new paragraph (3B) is that the Class IVA and VA vehicles will only benefit from the fees for the re-examination being calculated on the basis of the Class IV and V vehicle fees if there has been no change to the authorised examiner at the vehicle testing station between the original examination and the re-examination.

New paragraph (3C) permits those requiring an examination of Class IVA and VA vehicles examined in the circumstances outlined in new paragraph (3ZA) to be charged a maximum of one-half of the fee chargeable for a Class IV or V vehicle.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from the Department for Transport, 5th floor, Southside, 105 Victoria Street, London SW1E 6DT (telephone number: 020 7944 2455). A copy has been placed in the library of each House of Parliament. The regulatory impact assessment may also be accessed on the HMSO website www.opsi.gov.uk.

[2] S.I. 1988/643, which was made under the Finance (No. 2) Act 1987 (c. 51), section 102. The relevant amending instrument is S.I. 2003/1094 and the relevant entry in S.I. 1988/643 is Schedule 1, Table III, item 1.back

[3] S.I. 1981/1694; relevant amending instruments are S.I. 1991/1525, 1992/3160, 1995/2438, 1998/1672, 2001/3330 and 2003/1113.back