
1 
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No.2) Regulations 2003 and shall come into force on 1st August 2003.
2 
The Motor Vehicles (Tests) Regulations 1981 shall be further amended as follows.
3 
In regulation 3(1), after the definition of “proper officer”, insert the following definition—“
 “proper officer”, in relation to a designated council in Scotland, has the meaning given by section 235(3) of the Local Government (Scotland) Act 1973;”.
4 
In regulation 12 (applications for examinations), in paragraph (3)(c), before “examiner” (in both places), insert “authorised ”.
5 
For regulation 13 substitute—“
13. 

(1) An authorised examiner, a section 66A examiner, an inspector and a nominated tester shall not be under any obligation to carry out an examination of a motor vehicle where—
(a) on the submission of a vehicle for an examination the applicant does not, after being requested to do so, produce the registration book issued under the Road Vehicles (Registration and Licensing) Regulations 2002 relating to the vehicle, or other evidence, acceptable to the examiner, section 66A examiner, inspector or nominated tester, as the case may be, of the date of the vehicle’s first use or manufacture and the chassis or serial number given to the vehicle by its manufacturer and, if the manufacturer has also given the vehicle an identification number, that number also;
(b) the vehicle or any part thereof or any of its equipment is so dirty as to make it unreasonably difficult for the examination to be carried out in accordance with the provisions of these Regulations;
(c) the examiner, section 66A examiner, inspector or nominated tester, as the case may be, is not able with the facilities and apparatus available to him at the place at which the examination would otherwise be carried out to complete the examination without the vehicle being driven and the vehicle is not when submitted for examination, either for want of fuel or oil or for any other reason, fit to be driven to such extent as may be necessary for the purpose of the carrying out of the examination;
(d) before the carrying out of an examination of a motor vehicle any things which are in the vehicle, and are not part of its equipment or accessories, are required by the examiner, section 66A examiner, inspector or nominated tester, as the case may be, to be removed from the vehicle or to be secured in such manner as he may think necessary and the things are not removed or secured accordingly;
(e) in the case where the fee for the examination is payable in advance of the examination the examiner, section 66A examiner, inspector or nominated tester, as the case may be, is not satisfied that the fee payable for the examination has been paid as required by regulation 20(2)(a) or (b)(i);
(f) in the case of a Class VI or VIA vehicle—
(i) the vehicle is not submitted for examination at the time and date fixed for the examination;
(ii) the driver of the vehicle is requested to remain in it or its vicinity throughout the examination, to drive it, to operate its controls, to remove or refit its panels or to open or close its doors and he declines to do so; or
(iii) wheelchair restraining devices are not installed in the vehicle at the time it is submitted for examination;
(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;
(j) without prejudice to sub-paragraph (c), the condition of the vehicle is such that, in the opinion of the examiner, section 66A examiner, inspector or nominated tester, as the case may be, 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;
(k) in the case of a vehicle propelled by a compression ignition engine, to which regulation 61(10BA) of the Construction and Use Regulations applies, the exhaust system has been so altered that the examiner, section 66A examiner, inspector or nominated tester, as the case may be, is not able, with the facilities and apparatus available to him at the place at which the examination would otherwise be carried out, to determine whether Part II of Schedule 7B to those Regulations applies to the vehicle;
(l) the vehicle—
(i) does not have a registration mark, vehicle identification number, chassis number or serial number; or
(ii) has one or more of those marks and numbers, but none of them is legible or such one or more as is legible is in a script other than English; or
(m) an examiner, section 66A examiner, inspector or nominated tester, as the case may be, is not able to open and examine recording equipment fitted to the vehicle in accordance with the Community Recording Equipment Regulation.”.
6 

(1) Regulation 20 shall be amended as follows.
(2) In the provisions specified in column (1) of the following Table for the amounts specified in column (2) there shall be substituted the amounts specified in column (3).

(1) (2) (3)
Regulation Existing Amount (£) Substituted Amount (£)
20(1)(a) 14.65 15.20
20(1)(aa) 24.05 24.85
20(1)(b) 28.15 29.00
20(1)(c)(i) 41.10 42.65
20(1)(c)(ii) 39.25 40.75
20(1)(ca) 46.20 47.85
20(1)(d)(i) 60.35 61.95
20(1)(d)(ii) 44.45 45.70
20(1)(da)(i) 93.30 95.65
20(1)(da)(ii) 60.20 61.80
20(1)(f) 43.15 44.40
7 

(1) Regulation 25 shall be amended as follows.
(2) In paragraph (1), for “£1.19” substitute “£1.44”.
(3) To the extent that the amendments in respect of regulation 25 by regulation 21 of the Motor Vehicles (Tests) (Amendment) Regulations 2003 do not apply by virtue of regulation 24(1) of those Regulations, in paragraph (2) for “£119” substitute “£144”.
8 

(1) Regulation 25A shall be amended as follows.
(2) After paragraph (3), insert—“
(3A) Item 2A shall be provided free of charge unless—
(a) the visit is necessary as a result of a failure on the part of the authorised examiner or, as the case may be, the designated council, to provide adequate access to the apparatus during the first (or previous visit); or
(b) the visit is attributable to the cancellation, by the authorised examiner or, as the case may be, the designated council, of an arrangement to assess, repair or replace apparatus at an earlier date.
(3B) The Secretary of State may waive any charge payable in respect of item 2A.”
(3) In paragraph (4), insert at the end “or a defect at the time of supply ”.
(4) In paragraph (5)—
(a) in sub-paragraph (a), after “and tear” insert “or a defect at the time of supply”; and
(b) in sub-paragraph (b), insert at the end, “or a defect at the time of supply”.
9 

(1) Schedule 2 shall be amended as follows.
(2) For items 1 to 6 the Table in paragraph 1(a) substitute—“
1 16 and 18 Braking
2 24, 26, 27 and 100(1) (insofar as it relates to the condition of the road wheels) Wheels and Tyres
3 29 Steering
4 37 Audible Warning Instrument
4A 39 and 100(1) (insofar as it relates to the security and condition of the fuel system components or, as the case may be, their maintenance so that no danger is likely to be caused) Fuel Tanks and Pipes
5 54, 57 and 100(1) (insofar as it relates to the condition of the pipings, attachment brackets and mounting of the exhaust system) Exhaust
5A 67 Vehicle Identification Number
6 100(1) (insofar as it relates to the condition of the vehicle structure, the chassis, frame and any sub-frame or any mounting or connection or part of the suspension, to the extent that such condition may prejudice the steering or braking of the vehicle) Structure and Suspension
6A 100(1) (insofar as it relates to the clutch and engine speed control systems and their mountings or connections to the extent that such condition may prejudice the safe operation of the vehicle) Clutch Lever and Throttle Control”
(3) After paragraph 1(b) insert—“
(c) The requirements contained in the following provisions of the Road Vehicles (Display of Registration Marks) Regulations 2001:—

Item No. Regulations Affecting
13A 4, 5, 7, 11, 12, 13, 14 and 15 Rear Registration Plates and Marks”
(4) For the table in paragraph 2(d) substitute—“
(d) The requirements contained in the following provisions of the Road Vehicles (Display of Registration Marks) Regulations 2001:—

Item No. Regulations Affecting
27 4, 5, 6, 7, 11, 12, 13, 14 and 15 Registration Plates and Marks”
10 

(1) Schedule 3 shall be amended as follows.
(2) After item 2 insert—“
2A. Second (or subsequent) visit to vehicle testing station for assessment, repair or replacement of apparatus associated with the electronic record. 102.82”
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
7th July 2003