HPI
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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. | |