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legal
guide to UK motoring, sections for law enforcement, Driver licensing,
learner and new drivers, buying and selling, speeding fines, owning a
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| Road
Traffic Act 1988 (c. 52) |
| 1988
c. 52 - continued |
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SCHEDULE 2 |
| Section
67. |
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Deferred
Tests of Condition of Vehicles |
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1. Where
the driver is the owner of the vehicle, he may at the time of
electing that the test shall be deferred—
(a) specify
a period of seven days within which the deferred test is to
take place, being a period falling within the next thirty
days, disregarding any day on which the vehicle is outside
Great Britain, and
(b) require
that the deferred test shall take place on premises then specified
by him where the test can conveniently be carried out or that
it shall take place in such area in England and Wales, being
a county district or Greater London, or such area in Scotland,
being an islands area or district, as he may specify at that
time.
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2. When
the driver is not the owner of the vehicle he shall inform the
examiner of the name and address of the owner of the vehicle
and the owner shall be afforded an opportunity of specifying
such a period, and such premises or area. |
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3.—(1) Where
under the preceding provisions of this Schedule a period has
been specified within which the deferred test is to be carried
out, the time for carrying it out shall be such time within
that period as may be notified, being a time not earlier than
two days after the giving of the notification.
(2) Where no such period has been
specified, the time for the carrying out of the deferred test
shall be such time as may be notified, being a time not earlier
than seven days after the giving of the notification.
(3) Where premises have been specified
under the preceding provisions of this Schedule for the carrying
out of the deferred test, and the test can conveniently be carried
out on those premises, it must be carried out there.
(4) Where sub-paragraph (3) above
does not apply, the place for carrying out the deferred test
shall be such place as may be notified with the notification
of the time for the carrying out of the test, and where an area
has been so specified the place shall be a place in that area.
(5) Notwithstanding the preceding
provisions of this paragraph, the time and place for the carrying
out of the deferred test may be varied by agreement between
an authorised examiner and the owner of the vehicle.
(6) In this paragraph—
"notified"
means notified in writing to the owner of the vehicle on behalf
of the Secretary of State, and
"notification"
shall be construed accordingly,
and
any notification under this paragraph may be given by post. |
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4. The
owner of the vehicle must produce it, or secure its production,
at the time and place fixed for the carrying out of the deferred
test. |
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5.—(1) References
in this Schedule to the owner of a vehicle are references to
the owner of the vehicle at the time at which the election is
made under section 67(6) of this Act that the test should be
deferred.
(2) For the purposes of this Schedule—
(a) subject
to sub-paragraph (b) below, if at the time at which that election
is made the vehicle is in the possession of a person under
a hire-purchase agreement or hiring agreement, that person
shall be deemed to be the owner of the vehicle to the exclusion
of any other person,
(b) if
at that time the vehicle is being used under an international
circulation permit, the person to whom the permit was issued
shall be deemed to be the owner of the vehicle to the exclusion
of any other person.
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