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By Les Oldridge
Page 89
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Jehicle tests, 1
HE TESTING OF motor ahicles, which may be required y law, can be divided into two road categories, Routine eriodical Tests and Spot hecks. The former consists of le Department of Transport ests (the M.o.T. test) for lighter chides and the Heavy Goods ehicle Tests for the bigger Dods vehicles. Spot checks can e divided into those which take lace on roads, on premises, at alerooms and those carried out y vehicle examiners on goods ehicles.
Department of Transport ests (the M.o.T. test) Section 43 f the Road Traffic Act 1972 and le Motor Vehicle (Tests) Reguitions 1976 requires the annual )sting of motor cars and goods ehicles not exceeding 1525kg nladen weight and motor cyles, in each case where the ehicle is over three years old. The tests are conducted at ublic garages approved by the linistry.
There are numerous exempons to the need for a test certifiate for odd vehicles such as forks trucks, pedestrian ontrolled vehicles and electrially propelled vehicles, but robably the most important .om the commercial vehicle perator's point of view are lose which permit a vehicle to e used without a test certificate a) for the purpose of submitting , by previous appointment, for ie M.o.T. test, (b) whilst it is eing used by an examiner dur
g the course of the test and (c) here a test certificate is refused nd the vehicle is being devered, by previous arrangelent, to a place for remedial tork to be done or while it is eing towed to a place where it to be broken up.
Vehicles submitted for this st are examined to ensure the atutory requirements are cornlied with in relation to its rakes, steering gear, lighting quipment and reflectors, stop lamps, tyres, seat belts and their anchorage points, direction indicators, windscreen wipers and washers, exhaust system, horns and bodywork and suspension, so far as braking and steering may be affected.
Heavy Goods Vehicles Tests Section 45 of the Road Traffic Act 1972 and the Goods Vehicles (Plating and Testing) Regulations 1971 governs the annual testing of goods vehicles over 1525kg unladen weight and goods trailers over 1 ton unladen weight.
This test is similar to the M.o.T: test except for three important differences, (1) the test is carried out at a goods vehicle testing station and not at a public garage. (The present Government has stated its intention of altering this so that the testing stations are run by private enterprise), (2) the first test must be taken when the vehicle is 12 months old and not three years old, (3) the test is far more stringent and covers the whole of the vehicle and not just certain items.
All goods vehicles over 1525kg unladen weight, articulated vehicles, drawbar trailers over 1025 kilograms and trailers which are converter dollies are all subject to the test. There is, however, a long list of exemptions ranging from fire engines to steam propelled vehicles. The list is too long to reproduce here but electrically propelled vehicles, breakdown vehicles, and mobile cranes are among those vehicles exempted and which are likely to be operated by CM readers. This subject is closely connected with "plating" and it is proposed to examine both subjects in detail in a subsequent article.
Spot checks on roads. An "authorised examiner" may test a motor vehicle on a road to see that the law respecting brakes; steering gear and tyres; the prevention of or reduction of noise, smoke, fumes or vapour; and lighting equipment and reflectors is complied with. An "authorised examiner" is defined in Section 53 of the Road Traffic Act 1972 as a certifying officer, a goods vehicle examiner, an examiner under the Metropolitan Public Carriage Act 1869, a constable authorised by his chief officer and a person appointed by the police authority to act under the direction of the chief officer of police. Any of these authorised examiners must produce their authority if required to do so.
Not all policemen are authorised by their chief officers to carry out these examinations. Generally only those with previous experience as a vehicle mechanic or those who have received special training are given the authorisation. As a matter of interest the City and Guilds have conducted special examinations on this subject for police officers who wish to obtain a qualification to fit them for this work.
If a driver does not object to a policeman carrying out an examination there is nothing to prevent him from doing so, even if he is not authorised. For example, in the case of a handbrake defect it was held that where the defendant was co-operative and allowed the constable to carry out an exami-, nation, evidence of the defects he found from the examination is admissible.
The question of whether the officer is an "authorised examiner" does not arise unless the driver refused to allow the examination to be made. Stonely v Richardson (1973) Crim L.R. 310. A similar decision was reached in Phillips v Thomas (1973) RTR 28, where it was held that whether or not a tyre complies with the Construction and Use Regulations is a question of fact and that it does not matter that the constable who examined the tyre was not an authorised examiner.
There is a provision in sub section 3 of Section 53 of the Road Traffic Act 1972 which allows the driver to elect for the test to be deferred to a time, and to be car ried out at a place, at a later date. Detailed provisions are laid down in the 3rd Schedule of the Act as to how this should be done.
However, if the vehicle has been involved in an accident or the constable considers it is so defective that it ought not be driven away before it has been exa mined, he may require the test to be carried out there and then. It should be noted that this provision for deferring the tes1 does not apply when vehicle examiners test and examine goods vehicles under powers given to them by a later sectior of the Act, Section 56.
The option to elect for a deferred test is conferred on the driver alone and although i1 would be fair to inform the driver -that he has the right tc elect, it is not necessary to do so.
Where the driver does elect foi a deferred test, and the driver is not the owner, the owner shal
have the opportunity of specify, ing, within limits, when anc
where the test shall take place
But where an examiner tests C vehicle on a road and the drivel does not elect for a deferred test the driver and the owner can bs convicted of offences as a resul. of the test although the ownel has had no opportunity o specifying when and where a de ferred test should take place Brown v Mclndoe, (1963), S.L.T 233.
More about tests in the nex article.