Department of Transport (Fees) Order 1988

JurisdictionUK Non-devolved
CitationSI 1988/643
Year1988

1988 No. 643

FEES AND CHARGES

The Department of Transport (Fees) Order 1988

Made 29th March 1988

Coming into force 1st April 1988

Whereas a draft of this Order has been approved by a resolution of the House of Commons in pursuance of section 102(5) of the Finance (No.2) Act 19871;

Now, therefore, the Secretary of State for Transport, in exercise of the powers conferred by section 102 of that Act, hereby makes the following Order:—

Citation, commencement and interpretation

Citation, commencement and interpretation

S-1 This Order may be cited as the Department of Transport (Fees)...

1.—(1) This Order may be cited as the Department of Transport (Fees) Order 1988 and shall come into force on 1st April 1988.

(2) In this Order “the Act” means the Finance (No.2) Act 1987.

S-2 In relation to each of the powers to fix a fee listed in column...

2. In relation to each of the powers to fix a fee listed in column 1 of the Tables in Schedule 1 to this Order in respect of the subject matters set out in that column the functions specified for the purposes of section 102(3) of the Act shall, as respects each subject matter, be those functions listed against that power in column 2 of the Tables.

S-3 In relation to each function listed in column 2 of the Tables...

3. In relation to each function listed in column 2 of the Tables in Schedule 1 to this Order as respects a subject matter set out in column 1 the matters specified for the purposes of section 102(4) of the Act shall be such of the matters set out in Schedule 2 to this Order as are listed in column 3 of the Tables against that subject matter.

Paul Channon

Secretary of State for Transport

29th March 1988

SCHEDULE 1

SCHEDULE 1

TABLE I —

TRANSPORT ACT 19682

(1)

(2)

(3)

Fee—Fixing Power

Specified Functions

Specified matters as set out in Schedule 2, which apply.

Section 89(1)—

power to prescribe in regulations the fees payable in respect of—

Goods vehicle operators' licences.

(i) The functions of the Secretary of State, the licensing authorities and the Transport Tribunal in relation to goods operator licensing under the Transport Act 1968.

(ii) The functions of the Secretary of State and the licensing authorities in assistance to the Transport Tribunal under the Transport Act 19853.

(iii) The functions of the Transport Tribunal under the Transport Act 1985.

(iv) The functions of the Secretary of State and the licensing authorities with respect to anything done by the European Communities or any of their institutions in relation to goods operator licensing.

(v) Any other functions of the Secretary of State and the licensing authorities in relation to goods operator licensing including, without prejudice to the generality of the foregoing:—

(a) the investigation and prosecution of offences and enforcement action in relation to conditions on an operators’s licence in respect of maintenance of vehicles, vehicle weights, vehicle sizes, vehicle testing and plating, vehicle safety standards and the conduct of drivers;

(b) the investigation and prosecution of offences and enforcement action relating to conditions on an operator’s licence in relation to maintenance of vehicles in respect of hazardous load requirements under the Health and Safety at Work etc Act 19744;

(c) the screening of tachograph records.

Paragraphs 1 to 7.

TABLE II —

FINANCE ACT 19735

(1)

(2)

(3)

Fee—Fixing Power

Specified Functions

Specified matters as set out in Schedule 2, which apply.

Section 56(1)—

power to prescribe in regulations the fees and charges for services or facilities provided or authorisations, certificates or other documents issued in pursuance of any Community obligation or any international agreement or arrangement, in respect of—

A. International road haulage permits;

(i) The functions of the Secretary of State in relation to obligations under EEC regulations and bilateral road transport agreements regarding international road haulage permits.

(ii) Any other functions of the Secretary of State in relation to international road haulage permits including, without prejudice to the generality of the foregoing, consideration of enforcement activity.

Paragraphs 1 to 7.

B. Type approval certificates;

(i) The functions of the Secretary of State in relation to any EEC directive with respect to EEC type approval certification, including, without prejudice to the generality of the foregoing, the investigation and prosecution of offences and enforcement action.

(ii) The functions of the Secretary of State in relation to international obligations carried out as a contracting party to United Nations agreements concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof with respect to Economic Commission for Europe type approval certification including, without prejudice to the generality of the foregoing, the investigation and prosecution of offences and enforcement action.

Paragraphs 1 to 7.

C. Certificates of conformity of vehicles to the European Agreement concerning the International Carriage of Dangerous Goods by road (ADR) and of compliance with the Customs Convention on the International Transport of Goods under cover of TIR Carnets of 15th November 19756

(i) The functions of the Secretary of State in relation to approval certifications under the European Agreement for the Carriage of Dangerous Goods and the Customs Convention on the International Transport of Goods under cover of TIR Carnets.

(ii) All other functions of the Secretary of State in relation to approval certifications including, without prejudice to the generality of the foregoing:—

(a) the ensuring of uniformity in the application of standards of approvals;

(b) the issuing of certified copies of certificates and duplicates of certificates where appropriate, and the carrying out of any necessary investigations into the circumstances which led to the need for such copies or duplicates;

(c) the enforcement of compliance with the provisions of the Agreement or the Convention.

Paragraphs 1 to 7.

D. Approval of tachograph calibration centres;

(i) The functions of the Secretary of State in relation to the approval of tachograph calibration centres under the Transport Act 1968.

(ii) The functions of the Secretary of State in relation to the approval of tachograph calibration centres under EEC regulations.

(iii) Any other functions of the Secretary of State in relation to the approval of tachograph calibration centres including, without prejudice to the generality of the foregoing:—

(a) carrying out examinations and inspections in order to determine that approved centres continue to comply with the conditions of their approval and any subsequent enforcement of the conditions;

(b) investigations required in relation to approved centres and any subsequent enforcement activity;

(c) approval of equipment for use in connection with tachograph installation, repair or checking.

Paragraphs 1 to 7.

E. International road passenger transport authorisations.

(i) The functions of the Secretary of State in relation to international road passenger transport authorisations in accordance with EEC regulations and bilateral agreements with non EEC countries.

(ii) Any other functions of the Secretary of State in relation to international road passenger transport authorisations including, without prejudice to the generality of the foregoing, work in connection with enforcement.

Paragraphs 1 to 7.

TABLE III —

ROAD TRAFFIC ACT 19727

(1)

(2)

(3)

Fee—Fixing Power

Specified Functions

Specified matters as set out in Schedule 2, which apply.

1. Section 43(6)8

power to prescribe in regulations the fees to be charged for an application, examination or appeal in relation to an annual test or retest of a motor vehicle other than a goods vehicle, in respect of—

A. Public service vehicles;

(i) The functions of the Secretary of State in relation to the testing of public service vehicles under the Road Traffic Act 1972 and the Public Passenger Vehicles Act 19819.

(ii) Any other functions of the Secretary of State in relation to the testing of public service vehicles including, without prejudice to the generality of the foregoing, provision of information to enforcement agencies.

Paragraphs 1 to 7.

B. Vehicles other than goods vehicles and public service vehicles.

(i) Functions of the Secretary of State in relation to the testing of vehicles, other than goods vehicles and public service vehicles, under the Road Traffic Act 1972.

(ii) Any other functions of the Secretary of State in relation to the testing of vehicles, other than goods vehicles and public service vehicles, including, without prejudice to the generality of the foregoing:—

(a) inspections of premises, equipment, records, vehicles and testing station testing standards for enforcement purposes;

(b) enforcement action against testing stations and testers, and appeals therefrom;

(c) training, re-training and checking of the continuing competence of nominated testers;

(d) the issue of duplicate test certificates where a testing station’s authorisation has ceased;

(e) functions in connection with appeal tests.

Paragraphs 1 to 7.

2. Section 45(6)—

power to prescribe in regulations the fees to be paid in respect of—

Goods vehicle plating and testing.

(i) The functions of the Secretary of State in relation to goods vehicle plating and testing under the Road Traffic Act 1972.

(ii) Any other functions of the Secretary of State in relation to goods vehicle plating and testing including, without prejudice to the generality of the foregoing, provision of information to enforcement agencies.

Paragraphs 1 to 7.

3. Section 50(1)10

power to prescribe in regulations the fees and charges for the provision of services or facilities or the issue of certificates and other documents in respect of—

Type approval of vehicles and parts.

The functions of the Secretary of State...

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