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Statutory Rules of Northern Ireland


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URL: http://www.bailii.org/nie/legis/num_reg/2008/nisr_20080109_en_1.html

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The Motor Vehicle Testing (Amendment) Regulations (Northern Ireland) 2008

Made

11th March 2008

Coming into operation

1st May 2008

The Department of the Environment makes the following Regulations in exercise of the powers conferred on it by Articles 61(2) and (6), 62 and 110(2) of the Road Traffic (Northern Ireland) Order 1995(1):

Citation, commencement and interpretation

1.–(1) These Regulations may be cited as the Motor Vehicle Testing (Amendment) Regulations (Northern Ireland) 2008 and shall come into operation on 1st May 2008.

(2) In these Regulations the "principal Regulations" means the Motor Vehicle Testing Regulations (Northern Ireland) 2003(2).

Amendment to regulation 14 (form of test certificates and notices of refusal)

2. For regulation 14 of the principal Regulations substitute–

"14.–(1) A test certificate issued under regulation 12 or 13 shall be in the form specified in Schedule 3A and shall be signed by a vehicle examiner.

(2) A notice of refusal of a test certificate issued under regulation 12 or 13 shall contain–

(a) the date on which it was issued;

(b) details of the vehicle testing centre at which it was issued; and

(c) the registration mark (if any) exhibited on the vehicle or, if no such mark is exhibited, the chassis or serial number marked on the vehicle.".

New regulation 14A (display of test certificates and duplicate test certificates)

3. After regulation 14 of the principal Regulations insert the following regulation–

"Display of test certificates and duplicate test certificates

14A–(1) Where a vehicle test certificate is issued under regulation 12 or 13, or a duplicate of an original certificate is issued under regulation 18, in each case Part 2 of that certificate or that duplicate (in this regulation called "Part 2 of the certificate or duplicate") shall be attached to the vehicle in a holder sufficient to protect it from the weather to which it would otherwise be exposed and shall be carried on the vehicle at all times when the vehicle is on a road or other public place and shall be displayed as specified in paragraphs (2) and (3).

(2) Part 2 of the certificate or duplicate shall be displayed on the vehicle–

(a) in the case of a light motor bicycle or motor bicycle, other than in a case specified in sub-paragraph (b) or (c), on the near side of the vehicle;

(b) in the case of a light motor bicycle or motor bicycle drawing a side-car or to which a side-car is attached, on the near side of the handlebars of the bicycle or on the near side of the side-car;

(c) in the case of a vehicle fitted with a glass windscreen in front of the driver extending across the vehicle to its near side, on or adjacent to the near side of the windscreen;

(d) in the case of any other vehicle –

(i) if the vehicle is fitted with a driver´s cab containing a near side window, on that window; or

(ii) on the near side of the vehicle in front of the driver´s seat and not less than 760 mm and not more than 1.8 metres above the surface of the road.

(3) In the case of each vehicle referred to in paragraph (2), Part 2 of the certificate or duplicate shall be so displayed that all the particulars are clearly visible in daylight from the near side of the road.".

New Schedule 3A (form of vehicle test certificate)

4. After Schedule 3 to the principal Regulations insert the Schedule set out in the Schedule to these Regulations.

Sealed with the Official Seal of the Department of the Environment on 11th March 2008.

View a larger version of this image

"

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicle Testing Regulations (Northern Ireland) 2003 (the 2003 Regulations).

Regulation 2 amends regulation 14 of the 2003 Regulations so as to specify the form of the vehicle test certificate and restates the details to be contained in the notice of refusal of a test certificate. A vehicle test certificate is now a two-part certificate, Part 2 of which is a disc.

Regulation 3 inserts a new regulation 14A into the 2003 Regulations so as to require that Part 2 of either a vehicle test certificate, or a duplicate test certificate, is displayed at all times when the vehicle is on a road or other public place. Regulation 14A (2) specifies the locations where such certificates should be displayed depending on the type of vehicle. In the case of each vehicle, Part 2 of the certificate, or duplicate, should be displayed so that all particulars are clearly visible in daylight from the near side of the road.

Regulation 4 inserts a new Schedule 3A to the 2003 Regulations specifying the form of the vehicle test certificate.

A person who acts in contravention of regulation 14A shall be guilty of an offence under Article 63A of the Road Traffic (Northern Ireland) Order 1995 (as inserted by Article 41 of the Road Traffic (Northern Ireland) Order 2007), and shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale (£200.00).

(1)

S.I.1995/2994 (N.I.18); see Article 2 (2) for the definition of "the Department" and "prescribed" Back [1]

(2)

S.R.2003 No.303 to which there are amendments not relevant to these Regulations Back [2]



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