Section 45: Tests of satisfactory condition of certain classes of goods vehicles and determination of plated weights and other particulars therefor, Road Traffic Act 1972

In the following provisions of this Part of this Act—

" examination for plating " means an examination under regulations under this section for the purpose of determining plated particulars for a goods vehicle; and
" goods vehicle test " means an examination under any such regulations for the purpose of ascertaining whether any prescribed construction and use requirements are complied with in the case of a goods vehicle.

Any person aggrieved by a determination made on an examination under the regulations by the person in charge of the examination may appeal to an area mechanical engineer appointed by the Secretary of State to act for the traffic area in which the original examination was made, and on the appeal the area mechanical engineer shall cause the vehicle to be reexamined and make such determination in the matter as he thinks fit.

A person aggrieved by the determination of an area mechanical engineer under subsection (3) above may appeal to the Secretary of State and on the appeal the Secretary of State shall cause the vehicle to be re-examined by an officer appointed by him for the purpose and shall make such determination on the basis of the re-examination as he thinks fit.

Regulations under this section may make the like provision in relation to a determination on an appeal under subsection (3) or (4) above as they make in relation to a determination on an examination under the regulations.

Without prejudice to the generality of subsection (1) above, regulations under this section may—

require or authorise goods vehicles to which the regulations apply to be submitted for examination under the regulations and, in particular—

require any such vehicle to be submitted for a goods vehicle test at periodic intervals ; and

require or authorise any such vehicle to be submitted for re-examination on the making of any prescribed alteration to it or its equipment and, for the purpose of determining whether any such reexamination is necessary, require any such alteration to be notified to the Secretary of State;

authorise any examination under the regulations to be carried out by or under the direction of a goods vehicle examiner;

prescribe the conditions subject to which vehicles will be accepted for such examination and, without prejudice to the foregoing—

authorise any person by whom an examination of the vehicle under the regulations or subsections (3) and (4) above is carried out to drive the vehicle, whether on a road or elsewhere ; and

require that a driver of a vehicle examined thereunder is, except so far as permitted to be absent by the person carrying out the examination, present throughout the whole of the examination and drives the vehicle when directed to do so, and operates the controls in accordance with any directions given to him, by that person ;

require the plating certificate for any vehicle to which the regulations apply to specify any alteration to the vehicle or its equipment which is required by the regulations to be notified to the Secretary of State;

authorise the amendment of a plating certificate or the issue of a different plating certificate on the re-examination of any vehicle;

provide for the period of validity of goods vehicle test certificates;

specify the manner in which, and the time before or within which, applications may be made for the examination of vehicles under the regulations or appeals may be brought under subsection (3) or (4) above, and the information to be supplied and documents to be produced on any such application, examination or appeal;

make provision as to the fees to be paid on any such application or appeal and as to the repayment of the whole or part of any fee paid on such an appeal where it appears to the Secretary of State that there were substantial grounds for contesting the whole or part of the determination appealed from ;

make provision as to the form of, and particulars to be contained in, plating certificates and goods vehicle test certificates and notifications of the refusal of the latter certificates;

provide for the issue of replacements for plates marked with plated particulars, plating certificates and goods vehicle test certificates which have been lost or defaced and for the payment of a fee for their issue ;

exempt prescribed classes of vehicles from all or any of the provisions of the regulations either generally or in prescribed circumstances;

make different provision for different cases.

Regulations under this section may provide that a person who contravenes or fails to comply with a requirement of regulations imposed by virtue of subsection (6)(c)(ii) thereof shall be guilty of an offence.

Without prejudice to any regulations made by virtue of subsection (6)(c) above, the Secretary of State may give directions with respect to the manner in which examinations under regulations under this section or under subsection (3) or (4) above are to be carried out.

The Secretary of State may provide and maintain stations where examinations of goods vehicles under regulations under this section or under subsection (3) or (4) above may be carried out and may provide and maintain the apparatus for carrying out such examinations.

In this section "goods vehicle examiner" has the same meaning as in section 56(1) of this Act and any reference to the driving of a vehicle is, in relation to a trailer, a reference to the driving of the vehicle by which the trailer is drawn.

Section 45: Tests of satisfactory condition of certain classes of goods vehicles and determination of plated weights and other particulars therefor

Discussed in

About this text