ROAD TRAFFIC AND VEHICLES PART I PRELIMINARY Citation and commencement 1 1 These Regulations may be cited as the Goods Vehicles (Testing) Regulations (Northern Ireland) 2003. 2 These Regulations shall come into operation on 1st August 2003. Interpretation 2 1 In these Regulations – “the 1994 Act” means the Vehicle Excise and Registration Act 1994 ; “the 1995 Order” means the Road Traffic (Northern Ireland) Order 1995; “the 1997 Order” means the Road Traffic Regulation (Northern Ireland) Order 1997 ; “the Construction and Use Regulations” means the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 ; “agricultural motor vehicle”, “agricultural trailer”, “agricultural trailed appliance”, “agricultural trailed appliance conveyor”, “articulated vehicle”, “converter dolly”, “registered”, “rigid vehicle”, “semi-trailer”, “straddle carrier”, “track-laying”, “ unladen weight ”, “ works trailer ” and “ works truck ” have the meanings assigned to those expressions in regulation 2(1) of the Construction and Use Regulations; “ break-down vehicle ” means a motor vehicle – 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 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; “ dual-purpose vehicle ” has the same meaning as in Article 2(2) of the Order of 1981. “ examination ” means any operation being – a first test; a periodical test; a re-test; or a re-examination on an appeal under regulation 17; “ first-test ”, in relation to a vehicle, means an examination for a first goods vehicle test; “ industrial tractor ” means a tractor not being an agricultural motor vehicle which – has an unladen weight not exceeding 7,370 kilograms, and is designed and used primarily for work off roads, or for work on roads in connection only with road construction or maintenance (including any such tractor when fitted with an implement designed primarily for use in connection with such work, whether or not any such implement is of itself designed to carry a load); “ living van ” means a vehicle whether mechanically propelled or not which is used as 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; “ maximum gross weight ” has the same meaning as in Article 19D of the Order of 1981 ; “ mobile crane ” means a vehicle which is designed and constructed as a mobile crane and which – is used on public roads only as a crane in connection with work carried on at a site in the immediate vicinity or for the purpose of proceeding to and from a place where it is to be or has been used as a crane, and when so proceeding does not carry any load except such as is necessary for its propulsion or equipment; “ periodical test ”, in relation to a vehicle, means a goods vehicle test carried out in accordance with regulation 8; “ 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 having a maximum gross weight over 3,500 kilograms, means those of the requirements specified in Part I of Schedule 3 which apply to the vehicle and the requirements of Part III of that Schedule, and in relation to a vehicle having a maximum gross weight of 3,500 kilograms, or under, means those of the requirements specified in Part II of Schedule 3 which apply to the vehicle and the requirements of Part III of that Schedule; “ re-test ”, in relation to a vehicle, means an examination which is a goods vehicle test carried out on a vehicle under regulation 15 subsequent to a test of that vehicle under regulation 14 as a result of which a notice of refusal was issued; “ road construction vehicle ” means a vehicle – which is constructed or adapted for use for the conveyance of built-in road construction machinery, and which is not constructed or adapted for the conveyance of any other load except articles and material used for the purposes of such machinery; “ serial number ”, in relation to a vehicle the chassis of which has not been constructed separately from its superstructure, means the number given to, and for the purpose of identifying, the vehicle by its manufacturer; “ 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 re-supply for a valuable consideration; “ unladen weight ” has the same meaning as in Article 2(3A) of the Order of 1981 ; “ vehicle testing centre ” means a centre provided by the Department under Article 73 of the 1995 Order. 2 Any reference in these Regulations to 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 purposes 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 to be taken to be the date the trailer is first sold or supplied by retail. Application 3 1 Subject to paragraph (2), these Regulations apply to goods vehicles being – a heavy motor cars and motor cars constructed or adapted for the purpose of forming part of an articulated vehicle; b other motor cars and heavy motor cars; c motor tractors and light locomotives; d semi-trailers; e converter dollies of any unladen weight manufactured on or after 1st January 1979; or f trailers, not being converter dollies or semi-trailers, the unladen weight of which exceeds 1,020 kilograms. 2 These Regulations do not apply to goods vehicles of any of the classes of vehicle specified in Schedule 2. Prescribed requirements for tests 4 1 Every vehicle submitted for a goods vehicle test in accordance with these Regulations shall be examined for the purpose of ascertaining whether the prescribed construction and use requirements are complied with. 2 For the purposes of these Regulations the applicability of any of the prescribed construction and use requirements to a vehicle is not affected by Item 5 in the Table in regulation 3(4) of the Construction and Use Regulations (which exempts vehicles being used in the course of a goods vehicle test from certain construction and use requirements). Authority to drive and duties of driver 5 1 The person who drove the vehicle to an examination shall, except so far as he is permitted to be absent by the person who is carrying out the examination, be present throughout the whole of the examination, and shall drive the vehicle and operate its controls when and in such a manner as he may be directed by the person who is carrying out the examination to do so. 2 The person who is carrying out an examination is authorised to drive the vehicle on a road or elsewhere. 3 A contravention of this regulation is hereby declared to be an offence. Conditions of acceptance of vehicle 6 An examiner shall not be under an obligation to accept a vehicle for examination or to proceed with an examination in any case where – a the vehicle is not submitted for examination at the time fixed under these Regulations for the examination; b the applicant for the examination does not, after being requested to do so, produce the notice of appointment (if any) relating to the examination and – i in the case of a motor vehicle, either the registration document relating to the vehicle or other evidence of the date of its first registration; or ii in the case of a trailer, evidence of the date of its manufacture; c the fee in respect of that examination has not been paid; d the particulars relating to the vehicle and shown in any application form relevant to that examination are found to be substantially incorrect; e the vehicle is one as respects which it has been stated in the application form that it is to be used on roads to draw a trailer and in the last notice of appointment preceding the examination it was required that the vehicle should be accompanied by a trailer which is to be so drawn, and the vehicle is not accompanied by such a trailer; f the vehicle is a trailer and is not accompanied by a motor vehicle suitable for drawing that trailer and capable of operating any braking system with which the trailer is equipped; g there is not permanently affixed to the chassis or main structure of the vehicle in a conspicuous and easily accessible position so as to be readily legible either – i the chassis or serial number shown in the registration document relating to the vehicle; or ii if no such number is shown or exists, the identification mark allotted to the vehicle by the Department; h the vehicle, or any motor vehicle by which it is accompanied, or any part of or any equipment of the vehicle is so dirty or dangerous as to make it unreasonable for the examination to be carried out in accordance with these Regulations or with any directions given under Article 68 of the 1995 Order, or the applicant for the examination does not produce any certificate required in the last notice of appointment preceding the examination, that a vehicle used for carrying toxic, corrosive or flammable loads has been properly cleaned or otherwise made safe; i an examiner is not able to complete the examination without the vehicle or, in the case of a trailer, the motor vehicle by which it is accompanied being driven and such vehicle or, as the case may be, accompanying vehicle is not provided with fuel and oil to enable it to be driven to such extent as may be necessary for the purpose of the examination; j an examiner is not able to complete the examination of a trailer unless the motor vehicle by which it is accompanied is driven on a road, and that motor vehicle cannot be so driven in compliance with section 29 of the 1994 Act because no licence under that Act is in force for such vehicle; k the vehicle or any trailer by which it is accompanied is not loaded or unloaded in the manner (if any) specified for the purposes of the examination in the last notice of appointment preceding the examination; l an examiner is not able to complete the examination due to the failure of a part of the vehicle, or of any vehicle by which it is drawn or intended to be drawn, which renders the vehicle, or any such accompanying vehicle incapable of being moved in safety under the power of the vehicle or, as the case may be, the accompanying vehicle; or m the vehicle or any motor vehicle by which it is accompanied emits substantial quantities of avoidable smoke. PART II TIMING AND METHOD OF APPLICATION FOR EXAMINATIONS Dates by which vehicles are to be submitted for first tests 7 1 Every motor vehicle having a maximum gross weight over 3,500 kilograms shall be submitted for a first test no later than the end of the month in which falls the first anniversary of the date on which it was registered. 2 Every trailer shall be submitted for a first test not later than the end of the month in which falls the first anniversary of the date on which it was first sold or supplied by retail. 3 Every motor vehicle having a maximum gross weight of 3,500 kilograms or under shall be submitted for a first test no later than the end of the month in which falls the third anniversary of the date on which it was registered. Dates by which vehicles are to be submitted for periodical tests 8 1 Every vehicle shall, in each year subsequent to the issue of a first goods vehicle test certificate, be submitted for a periodical test either – a not later than the first anniversary of the date on which the vehicle was required under regulation 7 to be submitted for a first test; or b if there is in force for the vehicle a goods vehicle test certificate with an expiry date other than that anniversary, not later than that expiry date. 2 Every vehicle, for which there is a goods vehicle certificate granted under the Goods Vehicles (Certification) Regulations (Northern Ireland) 1990 , shall be submitted for a periodical test on the date that the goods vehicle certificate ceases to continue in force and subsequently in each year thereafter not later than the anniversary of that date. Period of validity of goods vehicle test certificate 9 1 A goods vehicle test certificate issued as a result of a first test, a periodical test, or a re-test following a first test or a periodical test, or an appeal by a person aggrieved by a determination on a first test, a periodical test or on a consequent re-test of a vehicle, shall be valid from the date of its issue for a period of 12 months. 2 Within the appropriate period after a goods vehicle test certificate is issued, but not earlier than 6 weeks before the end of that period, a further goods vehicle test certificate is issued as respects the same vehicle, the further certificate shall be treated for the purposes of these Regulations as if issued at the end of the said appropriate period. 3 In this regulation “ appropriate period ” means a period of 12 months. Manner of making application for first tests or periodical tests, and fees 10 1 Any person wishing to have a first test or a periodical test carried out on a vehicle shall make an application for that purpose to the Department. 2 Every person making an application under paragraph (1) shall provide such particulars as the Department may reasonably require and the appropriate fee as determined in accordance with Part I of Schedule 1. Time of application for first tests or periodical tests 11 Every application for a first test or periodical test of a vehicle shall be made – a at least six weeks before the date on which the applicant desires to submit the vehicle for the test, and b not more than three months before the last day by which the vehicle is required by these Regulations to be submitted for that test. Notice of place and time of first tests or periodical tests 12 As soon as reasonably practicable after the date of the receipt of an application for a first test or periodical test and the appropriate fee for that test the Department shall issue notice to the applicant of the vehicle testing centre at which the test is to take place, and the date and time reserved by the Department for that test. Application for re-tests following first tests or periodical tests 13 1 Where, under regulation 14, a notification of the refusal of a goods vehicle test certificate in respect of a vehicle is issued the vehicle may be submitted, if need be on more than one occasion, at a vehicle testing centre for a re-test. 2 Where an applicant desires to submit a vehicle for a re-test he shall make a further application for that purpose. 3 The fee payable on such an application shall be determined in accordance with Part I of Schedule 1. 4 Where an application is made under paragraph (2) within 21 days from the date of service of the notice and the vehicle is presented for re-test on a date and at a time appointed by the Department, the fee payable shall be determined in accordance with Part II of Schedule 1. PART III REGULATIONS GOVERNING EXAMINATIONS First tests or periodical tests, and issue of test certificates (or notices of refusal) 14 On the submission of a vehicle for a first test or periodical test the Department shall arrange for a vehicle to undergo that test, and when that test has been completed there shall be issued— a where the vehicle is found to comply with the prescribed construction and use requirements, a goods vehicle test certificate, or b where the vehicle is found not to comply with the prescribed construction and use requirements, a notice of the refusal of a goods vehicle test certificate. Re-test procedure, and issue of test certificates (or notices of refusal ) 15 1 Where a vehicle is submitted for a re-test in circumstances where the fee for the re-test is payable under paragraph (4) of regulation 13 a vehicle examiner shall in carrying out the test be under an obligation only to examine the vehicle for the purpose of ascertaining whether it complies with the particular items of the prescribed construction and use requirements with which it was shown in the last notice of a refusal of a test certificate not to comply. 2 Where a vehicle examiner finds that the vehicle complies with the particular items of the prescribed construction and use requirements mentioned in paragraph (1) and has no reason to believe that the other prescribed construction and use requirements are not complied with in relation to the vehicle, there shall be issued a goods vehicle test certificate. 3 Where a vehicle examiner does not find that the vehicle complies with the particular items of the prescribed construction and use requirements mentioned in paragraph (1) or finds that any other prescribed construction and use requirement is not complied with in relation to the vehicle, there shall be issued a notice of the refusal of a test certificate. 4 Where a vehicle is submitted for a re-test in circumstances where a fee for the re-test is payable under regulation 13(3), the Department shall arrange for the vehicle to undergo a goods vehicle test, and when that test has been completed there shall be issued – a where the vehicle is found to comply with the prescribed construction and use requirements, a goods vehicle test certificate; b where the vehicle is found not to comply with the prescribed construction and use requirements, a notice of the refusal of a goods vehicle test certificate. Form of test certificates and notices of refusal 16 1 Goods vehicle test certificates issued under regulation 14 or 15 shall be in the form specified in Schedule 4 or Schedule 5. 2 Notices of refusal of a goods vehicle test certificate issued under regulation 14 or 15 shall – a contain – i the date on which it was issued; ii details of the vehicle testing centre at which it was issued; iii in the case of a notice issued for a motor vehicle, the registration mark (if any) exhibited on the vehicle or, if no such mark is so exhibited, the chassis or serial number marked on the vehicle; iv in the case of a notice issued for a trailer, the identification mark which shall be allotted to the trailer by the Department in the notice of appointment (if any); and b state the grounds of such refusal. Appeals 17 1 Any person aggrieved by a determination made on a first test or periodical test of a vehicle, or on a consequent re-test of a vehicle by the person in charge of that test, may appeal to the Department. 2 Any appeal to the Department shall be lodged at the vehicle testing centre at which the test was conducted not later than 14 days from the date of the determination. 3 Every appeal shall be made on a form issued by the Department and shall contain the particulars required by the Department. 4 An appeal to the Department shall be accompanied by a fee determined in accordance with Part I of Schedule 1. 5 As soon as reasonably practicable after the date of the receipt of the appeal, the Department shall send a notice in writing, addressed to the appellant at the address of the appellant stated in the form of appeal, stating where and when a re-examination for the purpose of determining the issues raised is to take place. 6 On the submission of a vehicle for a re-examination for the purpose of an appeal the person submitting the vehicle for the re-examination shall if requested to do so by the vehicle examiner – a produce the notice of refusal of a goods vehicle test certificate issued as a result of that first test, periodical test or on a consequential re-test; and b give such information as may reasonably be required relating to any alteration made or repairs carried out, or any accident or other event occurring since the date of the determination appealed against, which may have affected the vehicle or its equipment. 7 The officer appointed by the Department under Article 66(2) of the 1995 Order shall not be required to proceed with the re-examination unless the person submitting the vehicle for the re-examination complies with paragraph (6) and nothing in this paragraph shall be taken to derogate from regulation 6. 8 On completion of the re-examination the Department shall make such determination as it thinks fit, and may issue either a goods vehicle test certificate for the vehicle or a notice of refusal of a goods vehicle test certificate stating the grounds thereof. 9 Goods vehicle test certificates issued under the foregoing provisions of this regulation shall be signed by the vehicle examiner and shall contain the same particulars as are appropriate to the goods vehicles test certificates mentioned in regulation 16(1) and subject to such modifications as may be appropriate. 10 Notices of refusal of a goods vehicle test certificate issued under the foregoing provisions of this regulation shall contain the same particulars as are appropriate to notices of refusal of a goods vehicle test certificate mentioned in regulation 16(2) and subject to such modifications as may be appropriate. PART IV MISCELLANEOUS MATTERS General provisions as to repayment of fees 18 1 The fees paid in pursuance of regulation 10 or 13 shall be repaid – a if no appointment for an examination of the vehicle is made or the appointment made is subsequently cancelled by the Department; b if the person for whom the appointment is made gives to the Department, notice cancelling the appointment of not less than one clear day before the date of the appointment; c if the person for whom the appointment is made keeps the appointment but the examination does not take place, or is not completed, for reasons attributable neither to him nor to the vehicle presented for examination; or d if the person for whom the appointment is made satisfies the Department that the vehicle cannot, or, as the case may be, could not reasonably be presented for examination on the date of the appointment due to exceptional circumstances occurring not more than 7 days before the said date and of which notice is given within 3 days of the occurrence thereof to the Department at the vehicle testing centre where the examination is or, as the case may be, was to be held. 2 In this regulation “ exceptional circumstances ” means an accident, a fire, a failure in the supply of essential services or other unexpected happening (excluding a breakdown or mechanical defect in a vehicle or non-delivery of spare parts therefor). Fees on appeal 19 1 After the completion of a re-examination for the purposes of an appeal under Article 66 of the 1995 Order the Department may repay to the appellant, as it thinks fit, either the whole or part of the fee paid on the appeal where it appears to the Department there were substantial grounds for contesting the whole or part of the determination against which the appeal was made. 2 Subject to paragraph (3), a fee payable on an appeal in accordance with these Regulations shall be payable notwithstanding that the vehicle is not submitted for re-examination in accordance with regulation 17. 3 Paragraph (2) shall not apply if the appellant has before the time fixed under regulation 17 for the carrying out of the re-examination given the Department not less than 3 clear days' notice (whether in writing or otherwise) at the vehicle testing centre at which his appeal was lodged that he does not propose to submit the vehicle for re-examination at that time. Replacement of certificates 20 1 If a goods vehicle test certificate has been lost or defaced, an application for the issue of a replacement for the certificate lost or defaced may be made to the Department, and every such application shall be accompanied by the payment of the fee of £10·00. 2 On the receipt of an application and fee mentioned in paragraph (1) the Department shall determine whether the vehicle shall be re-examined, and if it determines – a that no re-examination of the vehicle is required the Department shall issue to the applicant a replacement for the certificate to which the application relates and any such replacement shall have the same effect as the certificate which it replaces and shall be marked “replacement”; b that a re-examination of the vehicle is required, the Department shall by notice to the sender require the vehicle to be submitted for re- examination at a vehicle testing centre specified in the notice and appoint a date and time for the examination. 3 A re-examination under paragraph (2)(b) shall be carried out as if it were a test under regulation 14, the appropriate fee shall be paid as if the examination were a test under that regulation, and the appropriate documents shall be issued in accordance with regulation 14. Display of certificates 21 Where a goods vehicle test certificate is issued under regulation 14, Part 2 of that certificate shall be attached to the vehicle in a securely fitted weather-proof holder and shall be carried on the vehicle at all times when the vehicle is on the road and shall be displayed – a in the case of a vehicle fitted with a front windscreen extending across the vehicle to its near side, on the near side of the windscreen so that all particulars are clearly visible by daylight from in front of the vehicle; or b in all other cases, on the near side of the vehicle not less than 610 millimetres and not more than 1,830 millimetres above the surface of the road so that all particulars are clearly visible by daylight to a person standing at the near side of the vehicle. Revocation or suspension of certificates 22 1 The Department may revoke or suspend a goods vehicle test certificate – a if that certificate has been obtained by misrepresentation; b if the vehicle fails to conform with the requirements referred to in regulation 14(a); or c where such revocation or suspension is required by or is necessary to give effect to a disqualification ordered under section 18(1) of the Transport Act (Northern Ireland) 1967 . 2 In the event of a revocation or suspension under paragraph l(a) or (b) – a the Department shall serve on the owner written notice of such revocation or suspension and the goods vehicle test certificate shall be deemed to be revoked or suspended as from the date of such service; and b the owner shall deliver the certificate to the place specified in the notice within 7 days of the date of service of the notice. Production of certificate on application for licence 23 Where an application is made for a licence under the 1994 Act for a motor vehicle to which Article 69(2) of the 1995 Order applies, the licence shall not be granted unless there is produced an effective goods vehicle test certificate. Computation of time 24 1 Save in regulations13(4), 17(2), 18(1)(d) (insofar as it relates to 7 days) and 22(2)(b), no period of time prescribed in these Regulations shall include any day which is a Saturday, Sunday or public holiday. 2 For the purposes of this regulation “ public holiday ” shall not include Good Friday and shall include Easter Tuesday. PART V CROWN VEHICLES Provisions as to Crown vehicles 25 1 Except as provided in paragraphs (2) and (3), these Regulations apply to goods vehicles which are of a class specified in regulation 3 and which are – a goods vehicles in the public service of the Crown which are registered, or liable to be registered under the 1994 Act; or b trailers in the public service of the Crown while drawn by goods vehicles (whether or not in the public service of the Crown) which are registered or liable to be registered under the 1994 Act. 2 A first test of a vehicle, a periodical test or a re-test of a vehicle under Part III may be made by or under the direction of an examiner (in this regulation referred to as an “ authorised examiner ”) authorised for the purpose by the Department instead of by or under the direction of a vehicle examiner, and in relation to any such examination made by an authorised examiner these Regulations shall apply as if – a regulations 7, 10,11,13 and 17 were omitted; and b any reference to a vehicle examiner included a reference to an authorised examiner, and any reference to a vehicle testing centre included a reference to premises approved by the Department for the carrying out of examinations under these Regulations by an authorised examiner. 3 Any person aggrieved by a determination of an authorised examiner on a first test, periodical test or a re-test of a vehicle under Part III may appeal to the Department and on the appeal the Department shall cause the vehicle to be re-examined by an officer appointed by it for the purpose and the Department may make such determination on the basis of the re-examination as it thinks fit and, where appropriate, may issue a goods vehicle test certificate or a notice of the refusal of a goods vehicle test certificate. PART VI EXEMPTIONS Exemptions from Article 69(2) of the 1995 Order 26 The provisions of Article 69(2) of the 1995 Order do not apply to the use of a vehicle for any of the following purposes – a the purpose of submitting it by previous arrangement for, or of bringing it away from, or being used in the course of or in connection with any examination; b where a goods vehicle test certificate is refused on an examination – i the purpose of delivering it by previous arrangement at, or bringing it away from, a place where work is to be or has been done on it to remedy the defects on the grounds of which the certificate was refused; or ii the purpose of delivering it, by towing it, to a place where it is to be broken up; c when unladen, the purpose of being driven under a trade licence issued under section 12 of the 1994 Act; d the purpose of being driven or drawn where it has been imported into Northern Ireland after arrival in Northern Ireland on the journey from the place where it has arrived in Northern Ireland to a place where it is to be kept by the person importing the vehicle or by any other person on whose behalf the vehicle has been imported, and in this paragraph the reference to a vehicle being imported into Northern Ireland is a reference, in the case of a vehicle which has been so imported more than once, to the first such importation, and in determining for the purposes of this paragraph when a vehicle was first so imported any such importation as is referred to in paragraph 25 of Schedule 2 shall be disregarded; e any purpose for which it is authorised to be used on roads by an order under Article 60 of the 1995 Order; f any purpose connected with its seizure or detention by a constable; g any purpose connected with its removal, detention, seizure, condemnation or forfeiture under any provision in the Customs and Excise Management Act 1979 ; h the purpose of removing it in pursuance of an order made under Article 15(1) of the 1997 Order or removing it under Articles 47, 48 or 49 of that Order or Article 30 of the Pollution Control and Local Government (Northern Ireland) Order 1978 . Revocation 27 The Regulations specified in Schedule 6 are hereby revoked. Sealed with the Official Seal of the Department of the Environment on 13th June 2003. Stanley Duncan A senior officer of the Department of the Environment