Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012


Commercial Vehicle Roadworthiness

Chapter 1

Mandatory roadworthiness testing and certificate of roadworthiness

Mandatory roadworthiness testing of certain vehicles.

4.— (1) The Minister may make regulations providing for mandatory roadworthiness testing of vehicles.

(2) Without prejudice to the generality of subsection (1), regulations under that subsection may provide for—

(a) the categories of vehicles to be tested,

(b) the timing and frequency of tests,

(c) the items to be tested,

(d) the tests to be carried out, the standard required and the testing method,

(e) the facilities and equipment to be used for the purposes of testing and any conditions under which tests are to be carried out,

(f) the persons, and the qualifications and training of persons, who may validly carry out tests,

(g) the persons or bodies that may provide training and certify qualifications under paragraph (f),

(h) the form and manner of application to have a vehicle tested,

(i) the fee payable for any test and by whom such fee is payable,

(j) the issue and the form of a test report,

(k) the issue, form, validity and duration of a pass statement,

(l) the recall and retesting of a vehicle in respect of which a pass statement has been issued,

(m) the revocation of a pass statement and related matters (including the reimbursement of test fees),

(n) the information to be furnished to the Minister and the Authority by CVR test operators and CVR testers in relation to testing.

(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.

(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.

(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.