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Statutory Instruments

2013 No. 271

Road Traffic

The Road Vehicles (Testing) (Miscellaneous Amendments) Regulations 2013

Made

12th February 2013

Laid before Parliament

14th February 2013

Coming into force

20th March 2013

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 41(1) and (2)(g), 45(1) and (2), 46(1)(j), 49(1) and (2), and 51(1)(h) of the Road Traffic Act 1988( 1 ) (“the 1988 Act”) and section 2(2) of the European Communities Act 1972( 2 ) (“the 1972 Act”).

The Secretary of State is a Minister designated for the 1972 Act in relation to—

(a) regulation of the type, description, construction or equipment of vehicles, and of components of vehicles, and in particular any vehicle type approval scheme( 3 ); and

(b) testing the roadworthiness of motor vehicles and their trailers( 4 ).

Representative organisations have been consulted in accordance with section 195(2)( 5 ) of the 1988 Act.

Citation and commencement

1. —(1) These Regulations may be cited as the Road Vehicles (Testing) (Miscellaneous Amendments) Regulations 2013.

(2) These Regulations come into force on 20th March 2013.

PART 1

Amendment of Regulations

2.The Road Vehicles (Construction and Use) Regulations 1986( 6 ) are amended in accordance with the provisions of this Part of these Regulations.

Maintenance and efficiency of brakes

3. —(1) Table I in regulation 18(3) is amended as follows.

(2) In column 2 of item 1, after “A vehicle”, insert “, not included in item 1A,”.

(3) After item 1, insert—

1A A vehicle of a class specified in item 1 of the Table in regulation 15 and first used on or after 25th July 2010. 58 29

Duty to Review

4. After regulation 18, insert—

Review of regulation 18

18A. —(1) The Secretary of State must—

(a) conduct a review of the operation and effect of those provisions of regulation 18 that relate to the efficiency of brakes;

(b) set out the conclusions of the review in a report; and

(c) publish a report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how, insofar as it relates to braking efficiencies, Directive 2009/40/ EC 7 ) is implemented in other member States of the EU.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by those provisions of regulation 18 that relate to the efficiency of brakes;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before 20th March 2018.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years. .

PART 2

Amendment of Regulations

5.The Goods Vehicles (Plating and Testing) Regulations 1988( 8 ) are amended in accordance with the provisions of this Part of these Regulations.

Fees for re-tests

6. In regulation 16(6)(c)(iii), for “paragraph 3” substitute “paragraphs 3, 3A and 3B”.

Schedule 3 (The Prescribed Construction and Use Requirements)

7. In Schedule 3, Part I, after paragraph 3, insert—

3A. The requirements contained in regulations 5, 6, 7, 9 to 11, and 13 to 15 of the Road Vehicles (Display of Registration Marks) Regulations 2001 ( 9 ) .

3B. The registration mark displayed on the vehicle is in accordance with the records held for that vehicle by the Secretary of State. .

8. —(1) In Schedule 3, Part II, in paragraph 4—

(a) for “battery”, substitute “battery, including its ventilation and any connected switches or fuses”; and

(b) after “load securing devices” add—

;

Duty to Review

9. After regulation 42A, insert—

Review of the prescribed requirements for tests

42B. —(1) The Secretary of State must—

(a) conduct a review of the operation and effect of the prescribed construction and use requirements in Schedule 3;

(b) set out the conclusions of the review in a report; and

(c) publish a report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how, insofar as it relates to the prescribed construction and use requirements, Directive 2009/40/EC 10 ) is implemented in other member States of the EU.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the prescribed construction and use requirements in Schedule 3;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before 20th March 2018.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years. .

PART 3

Amendment of Regulations

10.The Motor Vehicles (Tests) Regulations 1981( 11 ) are amended in accordance with the provisions of this Part of these Regulations.

Fees for examinations

11. In regulation 20(3A)(b)—

(a) after “audible warning instruments;”, insert “batteries;”; and

(b) after “doors and other openings;”, insert “electrical wiring;”.

Schedule 2 (The Prescribed Statutory Requirements)

12. —(1) In Schedule 2, paragraph 2, after sub-paragraph (d), insert—

(e) The registration mark displayed on the vehicle is in accordance with the records held for that vehicle by the Secretary of State. .

(2) In the table in paragraph 3(b), after item 28, insert—

28XA 100(1) (insofar as it relates to the condition of the electrical wiring and its insulation, or how such wiring is secured to the vehicle). Electrical wiring
28XB 100(1) (insofar as it relates to the condition of the battery, including its ventilation and any connected switches or fuses, fitted to a vehicle, or how the battery is secured to the vehicle). Batteries
28XC 100(1) (insofar as it relates to the condition of the electrical connections between a vehicle and its trailer). Electrical connection between a vehicle and its trailer.
28XD 100(1) (insofar as it relates to the condition of a vehicle’s supplementary restraint system, including safety belt pre-tensioners, safety belt load limiters and air bags). Supplementary restraint system
28XE 100(1) (insofar as it relates to the condition of a vehicle’s Electronic Stability Control). Electronic stability control

(3) In paragraph 3A(a), for “28” substitute “28XE”.

(4) In paragraph 4(a), for “28 in paragraphs 1 and 2 above” substitute “28XE in paragraphs 1 to 3 above”.

(5) In paragraph 5(a), after “26,”, insert “27,”.

(6) In paragraph 5A(a), after “26,”, insert “27,”.

Duty to Review

13. After regulation 30, insert—

Review of the prescribed requirements for tests

31. —(1) The Secretary of State must—

(a) conduct a review of the operation and effect of the prescribed statutory requirements in Schedule 2;

(b) set out the conclusions of the review in a report; and

(c) publish a report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how, insofar as it relates the prescribed statutory requirements, Directive 2009/40/EC 12 ) is implemented in other member States of the EU.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the prescribed construction and use requirements;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before 20th March 2018.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years. .

Signed by authority of the Secretary of State

Stephen Hammond

Parliamentary Under Secretary of State

Department for Transport

12th February 2013

( 1 )

1988 c.52 ; section 41 was amended by the Road Traffic Act 1991 (c.40) , section 48 and Schedule 4, paragraph 50, and section 83 and Schedule 8.

( 2 )

1972 c.68 . Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3 of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7) .

( 5 )

Section 195(2) was amended by the Road Safety Act 2006 (c.49) sections 42 and 59 and Schedule 6, paragraphs 1 and 30 and Schedule 7. On the date these Regulations are being made, these amending provision are have not been commenced.

( 6 )

S.I. 1986/1078 ; relevant amending instruments are S.I. 1995/551 and 2001/3208 .

( 7 )

Directive 2009/40/EC of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers (OJ L141, 6.6.2009, p.12) as amended by Commission Directive 2010/48/EU of 5 July 2010 (OJ L173, 8.7.2010, p.47).

( 8 )

S.I. 1988/1478 ; relevant amending instruments are S.I. 1993/2048 , 2003/1816 , 2004/1873 and 2009/3220 .

( 9 )

S.I. 2001/561 ; relevant amending instruments are S.I. 2001/1079 , 2002/2687 and 2009/811 .

( 10 )

Directive 2009/40/EC of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers (OJ L141, 6.6.2009, p.12) as amended by Commission Directive 2010/48/EU of 5 July 2010 (OJ L173, 8.7.2010, p.47).

( 11 )

S.I. 1981/1694 ; relevant amending instruments are 1991/2229 , 1992/3160 , 1998/1672 and 2007/506 .

( 12 )

Directive 2009/40/EC of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers (OJ L141, 6.6.2009, p.12) as amended by Commission Directive 2010/48/EU of 5 July 2010 (OJ L173, 8.7.2010, p.47).

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Road Vehicles (Testing) (Miscellaneous Amendments) Regulations 2013 (2013/271)

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