The Road Traffic Act 1988 generally prohibits the use of a motor vehicle without a test certificate on a road in Great Britain. That Act also confers a power on the Secretary of State to exclude classes of vehicle from this prohibition, which are specified in the Motor Vehicles (Tests) Regulations 1981 (“the 1981 Regulations”).
In anticipation of potential disruption to the vehicle testing regime caused by the spread of coronavirus, this instrument amends the 1981 Regulations to exclude vehicles from the test certificate requirement for a one-off period of six months. This period begins on the day when the use of a vehicle on a road without a test certificate would have been ordinarily prohibited.
The six-month exclusion applies to a vehicle that would need to be examined under the 1981 Regulations (i.e. an MOT) between 30th March 2020 and 29th March 2021 (inclusive) to be used lawfully and is limited as follows—
(a)it must be lawful to use a vehicle on a road immediately before the six-month period begins, so vehicles with expired test certificates cannot benefit from the exclusion;
(b)if a vehicle is subjected to an examination during the six-month period and fails, the exclusion will cease to apply from that time;
(c)it does not apply to goods vehicles or public service vehicles (for which there are separate arrangements).
Regulation 3 provides for the revocation of this exclusion on 30th September 2021 – immediately after the end of the last six-month period.
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