Citation and commencement

1. These Regulations may be cited as the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 1998 and shall come into force on 1st August 1998.

Preliminary

2. The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981(3) shall be further amended in accordance with the following provisions of these Regulations.

Amendment of regulation 46 (applications and fees for certificates of initial fitness)

3.-(1) Regulation 46 shall be amended as follows.

(2) In paragraph (2), for sub-paragraph (a) there shall be substituted-

"(a)on the first application-

(i)£155.00 in the case of a vehicle to which paragraph (3) applies;

(ii)£124.00 in any other case, and".

(3) After paragraph (2) there shall be inserted the following paragraphs-

"(3) This paragraph applies to a vehicle-

(a)in which one or more forward facing seats are fitted with a seat belt which-

(i)is not a disabled person's belt or a child restraint; and

(ii)is fitted otherwise than as required by regulation 47 of the Road Vehicles (Construction and Use) Regulations 1986(4), and

(b)which, when so equipped, is not of a type of vehicle in respect of which the Secretary of State is satisfied that the vehicle manufacturer holds either of the approvals referred to in paragraph (4).

(4) For the purpose of paragraph (3) the approvals are either-

(a)an approval issued by or on behalf of the approval authority of an EEA State confirming compliance with the technical and installation requirements of Community Directives 76/115(5), 81/575(6), 82/318(7), 90/629(8) or 96/38(9); or

(b)an approval issued by or on behalf of the competent authority of a contracting State confirming compliance with the technical and installation requirements of ECE Regulation 14, 14.01, 14.02 or 14.03.

(5) In this regulation-

• "approval authority" has the same meaning as in Community Directive 70/156(10);

• "contracting State" means a State which is a party to the International Agreement;

• "EEA State" means a State which is a contracting party to the EEA Agreement;

• "EEA Agreement" means the agreement on the European Economic Area signed at Oporto on 2nd May 1992(11) as adjusted by the Protocol signed at Brussels on 17th March 1993(12);

• "ECE Regulation" and "Community Directive" have the meanings given by regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986; and

• "the International Agreement" means the agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958(13) as amended(14) to which the United Kingdom is a party(15)."

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 as follows.

Regulation 3 amends regulation 46 (applications and fees for certificates of initial fitness) so as to prescribe a fee of £155 for the issue of a certificate of initial fitness on the first application in respect of a public service vehicle which, when equipped with seat belts otherwise than as required by regulation 47 of the Road Vehicles (Construction and Use) Regulations 1986, is not of a type of vehicle in respect of which the Secretary of State is satisfied that the vehicle manufacturer holds certain approvals relating to seat belt anchorage points.

Copies of the ECE Regulation and Directives referred to in these Regulations may be obtained from the Stationery Office. The details are set out in the table below.