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Road Traffic Act

(Chapter 276, Sections 90 and 140)

Road Traffic (Motor Vehicles, Test) Rules

R 21

REVISED EDITION 1990

(25th March 1992)

[1st January 1982]

Citation

1. These Rules may be cited as the Road Traffic (Motor Vehicles, Test) Rules.

Definitions

2. In these Rules, unless the context otherwise requires —

“authorisation” means any authorisation of a person to carry out an examination of a motor vehicle of such class as may be specified in the authorisation;

“examination” means an examination of a motor vehicle for the purposes of ascertaining whether the prescribed statutory requirements relating to the construction and condition of the vehicle are complied with;

“inspection report” means the report on the detailed results of an examination issued under rule 10(1)(b) or 15(5);

“inspector” means any officer authorised by the Registrar to carry out any examination of a vehicle;

“normal working week” means the times of the week which in the application of an examiner for an authorisation are specified as the normal working week of that examiner or such other times of the week as may with the consent of the Registrar be substituted subsequently for the times so specified by the examiner;

“prescribed statutory requirements” means the requirements specified in the First Schedule;

“vehicle testing station” means the premises at which the Registrar has authorised an examiner to carry out any examination or the premises provided by the Registrar for carrying out an examination.

Application for authorisation

3.—(1) Every application for authorisation shall be made to the Registrar and shall be signed by the applicant or, where the applicant is a firm or a body corporate, by a person who is duly authorised to do so by the firm or body corporate.

(2) The Registrar may require a separate application to be made in respect of each of the vehicle testing station at which the applicant proposes to carry out any examination.

Authorisation

4.—(1) Where an application is made under rule 3, the Registrar may, after making such investigation and carrying out such inspection as he thinks fit, authorise the applicant to be an examiner for the purpose of carrying out examinations of any class or classes of motor vehicles or reject the application without assigning any reason.

(2) The Registrar may authorise any person to carry out examinations notwithstanding that he is not an authorised examiner.

Conditions to be complied with by authorised examiner

5.—(1) Every authorised examiner shall comply with such conditions, if any, as may be specified in the authorisation and also with the following conditions:

(a)

the examiner shall carry out in accordance with these Rules examinations of motor vehicles in any such class as is specified in the authorisation of the examiner and shall in all other respects comply with such of the provisions of these Rules as apply to the examiner;

(b)

the examiner shall arrange for examinations to be carried out or to be personally supervised, and for test certificates to be signed, by persons who are competent to act for such purpose and who, if they are not the examiner or, where the examiner is a firm, a partner in that firm, are in the employment of the examiner and in the event of the Registrar giving notice to the examiner that in the opinion of the Registrar any such person should not carry out or supervise examinations or sign test certificates, the examiner shall arrange that the person shall no longer carry out or supervise examinations or sign test certificates, as the case may be;

(c)

the examiner shall notify the Registrar of the name of every person who is authorised by the examiner to carry out or supervise examinations or to sign test certificates, not later than 7 days of any such authorisation;

(d)

the examiner shall put up and keep exhibited in some conspicuous place in his vehicle testing station so as to be legible to persons submitting vehicles for examination at the station —

(i)	the authorisation in which that vehicle testing station is specified; and
(ii)	a list of the names of the persons for the time being authorised to carry out or personally supervise examinations at that station and to sign test certificates;

(e)

the examiner shall put up and keep exhibited in a conspicuous place outside the vehicle testing station a sign of the size, colour and type shown in the diagram set out in Part I of the Second Schedule and complying with the conditions specified in Part II of that Schedule;

(f)

the examiner shall, after being notified by the Registrar, make his vehicle testing station and the apparatus at that station with which examinations are carried out available for the purpose of an examination to be carried out by the Registrar as a result of an appeal which has been made against the refusal of a test certificate (whether by that or any other authorised examiner);

(g)

the fee charged by the examiner for the carrying out of the examination shall not exceed the maximum fee as may, from time to time, be set by the Registrar unless the Registrar has determined that there shall not, for any period of time, be any maximum fee charged by the examiner;

[Subst. by S 17/96 wef 12/01/1996]

(h)

where an appeal is made to the Registrar against the refusal of an examiner to issue a test certificate, the examiner shall refund the whole or part of any fee paid for the carrying out of an examination as may be directed by the Registrar if the Registrar is satisfied that the examiner had acted unreasonably in refusing to issue a test certificate;

(i)

the examiner shall as soon as practicable give notice to the Registrar —

(A)	in a case where the examiner is the sole individual named in an authorisation, of his entering into any partnership with a view to carrying on a business which shall comprise the carrying out of examinations at that station; and
(B)	in a case where the examiner is a firm, of any change in the constitution of that firm.

(2) A person shall not be authorised, in pursuance of any arrangement made under paragraph (1)(b), to carry out or personally supervise any examinations or to sign test certificates unless he has undergone a course of instruction approved by the Registrar and is regarded by the Registrar to be competent to act for such purpose.

Examination of vehicle to ascertain compliance with prescribed statutory requirements

6. Every motor vehicle which is submitted for examination in accordance with these Rules shall be examined for the purpose of ascertaining whether the prescribed statutory requirements are at the date of the examination complied with in relation to that vehicle.

Application for examination

7.—(1) Any person who wishes to have an examination of a motor vehicle under these Rules may apply to an authorised examiner for an examination of the motor vehicle.

(2) An application under paragraph (1) may be made —

(a)	by requesting the examiner to make an appointment for the examination; or
(b)	by submitting the vehicle for examination at a vehicle testing station of the examiner otherwise than by any prior appointment.

(3) Any request under paragraph (2)(a) for an appointment shall be made either by telephone to, or in person at a vehicle testing station of, and during the normal working week of, the examiner, or in writing addressed to the examiner at such vehicle testing station.

(4) An authorised examiner shall ensure that —

(a)	where an appointment is requested for the carrying out of an examination, an appointment is forthwith offered for the carrying out of the examination at the earliest possible time at which it is reasonably practicable for the examination to be carried out;
(b)	where a vehicle is submitted for examination at a vehicle testing station of an examiner without any appointment for the carrying out of the examination having been previously made, the applicant is informed earlier that the examination can be carried out forthwith or, if not, of the earliest time at which it is reasonably practicable for the examination to be carried out; and
(c)	except in so far as prevented by circumstances beyond the control of the examiner, examinations are carried out in accordance with the appointments made or at such other times as may be arranged under this paragraph.

(5) On an appointment being made or a time being arranged for the carrying out of an examination under this rule, the authorised examiner shall record the time and the date thereof and the name of the person by whom the application for the examination is made.

(6) Any authorised examiner and any other person authorised by the Registrar may carry out an examination of a motor vehicle notwithstanding that any of the provisions of this rule has not been complied with.

(7) Nothing in this rule shall entitle an authorised examiner to carry out an examination of a vehicle not falling within a class of motor vehicles specified in the authorisation.

Requirements as to vehicle submitted for examination

8. An authorised examiner or any other person authorised by the Registrar shall not be required to carry out an examination of a motor vehicle in any of the following cases:

(a)	where on the submission of a vehicle for an examination the applicant for the examination does not, after being requested to do so, produce the registration book relating to the vehicle or any other evidence as to the date of its first registration or the inspection report, where applicable;
(b)	where the vehicle or any part thereof or any of its equipment is in such a dirty condition as to make it unreasonably difficult for the examination to be carried out;
(c)	where the examiner or authorised person is not able, with the facilities and apparatus available to him at the vehicle testing station at which the examination would otherwise be carried out, to complete the examination without the vehicle being driven and the vehicle is not, when submitted for examination, provided with fuel or oil to enable it to be driven to such extent as may be necessary for the purposes of carrying out the examination;
(d)	where before the carrying out of an examination of the motor vehicle all or any goods or other things which are on the vehicle and are not part of its equipment or accessories are required to be removed from the vehicle or to be secured in such manner as the examiner or authorised person may think necessary and the goods or things are not removed or secured accordingly.

Manner of carrying out examination

9.—(1) The provisions of the Third Schedule shall have effect for the purpose of regulating the manner in which, the conditions under which, and the apparatus with which examinations are to be carried out.

(2) Authorised examiners shall ensure that all apparatus used in accordance with that Schedule shall be maintained by them in an efficient state and, in the case of any such apparatus designed to indicate any measurement, that such apparatus shall do so accurately within reasonable limits.

Results of examination and repeat examination

10.—(1) After an examination of a motor vehicle is completed, an authorised examiner shall —

(a)	issue a test certificate where it is found that the prescribed statutory requirements are complied with in relation to the vehicle; or
(b)	issue an inspection report of the detailed results of the examination where it is not so found on the examination.

(2) A test certificate and an inspection report shall be in such form as may be approved by the Registrar.

Illegal entry in or alteration of inspection report or test certificate

11.—(1) Any person who makes any entry in or any alteration of an inspection report or a test certificate referred to in rule 10(1) without the approval of the Registrar shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.

(2) The owner of a motor vehicle in respect of which an examination has been carried out shall ensure that no illegal entry or alteration is made on the test certificate or inspection report of his vehicle.

(3) Any person who contravenes or fails to comply with paragraph (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.

(4) Any test certificate or inspection report upon which an illegal entry or alteration is made shall be invalid.

Appeal on refusal of a test certificate

12.—(1) Any person who is aggrieved by the refusal of a test certificate or the grounds thereof may appeal to the Registrar within 24 hours from the time of the notification of such refusal or grounds.

(2) Every appeal shall be made on a form approved by the Registrar and shall contain the particulars required by that form.

(3) As soon as is reasonably practicable after the receipt of the appeal, the Registrar shall send a notice to the appellant stating where and when an examination for the purposes of the appeal is to take place.

Examination on appeal

13.—(1) The place selected by the Registrar for an examination for the purposes of an appeal under rule 12 may be a vehicle testing station or such other place as the Registrar thinks fit.

(2) The vehicle shall be submitted for examination at the place and time specified in the notice sent under rule 12(3), unless arrangements are made with the Registrar for the carrying out of the examination at some other place and time.

(3) A person submitting a motor vehicle for an examination for the purposes of an appeal shall, if requested to do so by an officer authorised by the Registrar to carry out the examination, —

(a)

produce to that officer —

(i)	the inspection report issued in respect of the vehicle; and
(ii)	the registration book relating to the vehicle or any other evidence of the date of its first registration; and

(b)

give that officer such information as he may reasonably require in connection with the carrying out of the examination relating to any alteration made or repairs carried out, or any accident or other event occurring, since the issue of the inspection report, which may have affected the vehicle or any of its equipment or accessories.

(4) The officer shall not be required to carry out the examination unless the inspection report, registration book or other document and information referred to in paragraph (3) are produced or given.

(5) The officer shall, upon completion of the examination —

(a)	issue a test certificate where it is found that the prescribed statutory requirements are complied with by the vehicle; or
(b)	issue an inspection report of the detailed results of the examination where it is not so found on the examination.

(6) Rules 8(b), (c) and (d) and 9 shall apply to an examination for the purposes of an appeal as if any reference therein to an authorised examiner or any other person authorised by the Registrar were a reference to the officer carrying out the examination and as if a reference therein to a vehicle testing station were a reference to the vehicle testing station or other place selected by the Registrar for the examination.

(7) The decision of the Registrar on the result of the examination for the purposes of the appeal shall be final.

Fees on appeals

14.—(1) The fee payable on an appeal under rule 12 shall be $40.

(2) Every such fee shall be paid by the appellant to the Registrar at the same time as the appeal is lodged under rule 12(1).

(3) If the fee is not paid at the same time as the appeal is lodged, the Registrar may refuse to proceed with the appeal.

(4) Any fee paid under this rule shall not be refundable if the vehicle is not submitted for examination under rule 13(2).

(5) Where the Registrar informs an authorised examiner that an examination for the purposes of an appeal is to be carried out at a vehicle testing station of that examiner, the examiner shall provide the facilities for the examination.

(6) An examiner shall bear the cost of providing any facilities under paragraph (5).

Records to be kept and returns to be furnished by examiner

15.—(1) An authorised examiner shall keep at each of his vehicle testing stations a record relating to all examinations carried out at that station on a form approved by the Registrar.

(2) The record shall be kept in duplicate and the particulars required to be contained therein shall be inserted therein as soon as practicable after each examination has been carried out.

(3) On the first working day of each week the authorised examiner shall send to the Registrar one copy of the record containing all the entries made therein relating to every examination as a result of which a test certificate has been issued during the week immediately preceding that day.

(4) The other copy of the record shall be preserved by the examiner at the vehicle testing station for a period sufficient to ensure that upon the inspection at any time of that record under rule 16 the entries relating to any examination carried out within the last preceding 3 years will be available for inspection.

(5) An authorised examiner shall ensure that upon the issue by that examiner of a test certificate or an inspection report, a copy of that certificate or inspection report is made and preserved at that station for a period of not less than 3 years.

(6) An authorised examiner shall furnish any record or information in respect of all examinations carried out at the station when required by the Registrar.

Inspection of premises, apparatus and record

16. An officer authorised by the Registrar may, during the normal working week of an authorised examiner, on production if so required of his authority, enter any vehicle testing station of that examiner and upon such entry he shall be entitled —

(a)	to inspect the station and the apparatus provided at the station for carrying out any examination and watch any examination taking place, including any part of the examination which is carried out otherwise than at the station;
(b)	to satisfy himself as to the efficiency of such apparatus and, in the case of any apparatus designed to make any measurement, to require evidence to be furnished to him that it will do so accurately within reasonable limits;
(c)	to inspect all records and copies of test certificates and inspection reports which are required to be kept or preserved at that station under rule 15(1), (4) and (5); and
(d)	to be furnished with such information as he may reasonably require with respect to any of the matters referred to in this rule.

Duration and withdrawal of authorisation

17.—(1) An authorisation of an examiner shall cease to have effect —

(a)	where the person specified in the authorisation is an individual, on the death or bankruptcy of that individual;
(b)	where the person specified in the authorisation is a partnership firm, on the dissolution of that firm; or
(c)	where the person specified in the authorisation is a body corporate, on the making of an order or the passing of a resolution for the winding up of that body, not being a winding up for the purpose of amalgamation or reconstruction only.

(2) A reference to the bankruptcy of an individual in paragraph (1)(a) shall be a reference to the making of a receiving order against him, his filing a petition in bankruptcy or his making an arrangement with or assignment in favour of his creditors.

(3) An authorised examiner may at any time give notice to the Registrar stating that after such date as may be specified in the notice the examiner does not propose to continue to act as an authorised examiner under all the authorisations of the examiner or under such authorisation of the examiner as may be specified in the notice.

(4) The date on which an authorised examiner ceases to act as an authorised examiner shall not be earlier than 3 months after the date of any notice given by him under paragraph (3).

(5) The Registrar may by notice withdraw all the authorisations of an authorised examiner or such of them as may be specified in the notice on such date as may be so specified.

(6) Any authorisation to which a notice under paragraph (3) or (5) relates shall cease to have effect on the date specified under that paragraph.

(7) Except where it is specified in a notice under paragraph (5) that the Registrar considers it necessary that any authorisation to which the notice relates shall be withdrawn on an earlier date, the date of any such withdrawal shall not be earlier than 28 days after the date of the notice.

(8) If, within 14 days from the date of the notice, the Registrar receives from the authorised examiner to whom that notice is given or from any person acting on behalf of that examiner representations to the effect that any authorisation to which that notice relates should not be withdrawn, the Registrar shall consider these representations and make such investigations in respect thereof as he thinks fit.

Forms and documents to be returned to Registrar

18.—(1) If a person ceases to be an authorised examiner, he shall send to the Registrar all unused records and copies of test certificates, inspection reports and records kept or preserved by him under rule 15(1), (4) and (5).

(2) Where an authorisation of an examiner ceases to have effect, but some other authorisation of that examiner continues in force, the Registrar may consent to the retention by that examiner of all or any of the documents referred to in paragraph (1).