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PART 2
Commercial Vehicle Roadworthiness
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Chapter 1
Mandatory roadworthiness testing and certificate of roadworthiness
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Mandatory roadworthiness testing of certain vehicles.
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4.— (1) The Minister may make regulations providing for mandatory roadworthiness testing of vehicles.
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(2) Without prejudice to the generality of subsection (1), regulations under that subsection may provide for—
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(a) the categories of vehicles to be tested,
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(b) the timing and frequency of tests,
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(c) the items to be tested,
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(d) the tests to be carried out, the standard required and the testing method,
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(e) the facilities and equipment to be used for the purposes of testing and any conditions under which tests are to be carried out,
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(f) the persons, and the qualifications and training of persons, who may validly carry out tests,
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(g) the persons or bodies that may provide training and certify qualifications under paragraph (f),
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(h) the form and manner of application to have a vehicle tested,
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(i) the fee payable for any test and by whom such fee is payable,
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(j) the issue and the form of a test report,
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(k) the issue, form, validity and duration of a pass statement,
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(l) the recall and retesting of a vehicle in respect of which a pass statement has been issued,
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(m) the revocation of a pass statement and related matters (including the reimbursement of test fees),
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(n) the information to be furnished to the Minister and the Authority by CVR test operators and CVR testers in relation to testing.
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(3) Regulations under subsection (2)(i) may provide for a fixed amount of any fee payable to be paid to the Authority for the purposes of carrying out its functions under this Part.
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(4) A person who carries out, or purports to carry out, a CVR test or who issues, or purports to issue, a pass statement in contravention of any regulations made under this section commits an offence.
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(5) In a prosecution for an offence under subsection (4) it is a defence to show that the person charged took all reasonable steps and exercised all due diligence to avoid committing the offence.
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