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Old 13-Jun-2006, 19:14
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chrisw chrisw is offline
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Quote s.67(6) of the Road Traffic Act 1988 at them. Tell them you want the roadside test deferring. Tell them no accident has occurred owing to the presence of your vehicle on a road, that your vehicle is not apparently so defective that it ought not to be allowed to proceed and that you are not obstructing any authorised examiner. Then tell them where and when the vehicle will be available for inspection giving a seven day window within the next 30 days. See how they react to that!!!!

Here's the relevant section

Testing vehicles on roads

Testing of condition of vehicles on roads.

67.—(1) An authorised examiner may test a motor vehicle on a road for the purpose of—
(a) ascertaining whether the requirements imposed by law as to—
(i) brakes, silencers, steering gear and tyres,
(ii) the prevention or reduction of noise, smoke, fumes or vapour, and
(iii) lighting equipment and reflectors,
are complied with as respects the vehicle, and
(b) bringing to the notice of the driver any failure to comply with those requirements.
(2) The examiner may drive the vehicle for the purpose of testing it.

(3) A vehicle shall not be required to stop for a test except by a constable in uniform.

(4) The following persons may act as authorised examiners for the purposes of this section—
(a) a certifying officer or public service vehicle examiner appointed under the [1981 c. 14.] Public Passenger Vehicles Act 1981,
(b) a person appointed as an examiner under section 68(1) of this Act,
(c) a person appointed to examine and inspect public carriages for the purposes of the [1869 c. 115.] Metropolitan Public Carriage Act 1869,
(d) a person appointed to act for the purposes of this section by the Secretary of State,
(e) a constable authorised so to act by or under instructions of the chief officer of police, and
(f) a person appointed by the police authority for a police area to act, under the directions of the chief officer of police, for the purposes of this section.
(5) A person mentioned in subsection (4)(a) to (d) and (f) must produce his authority to act for the purposes of this section if required to do so.

(6) On the examiner proceeding to test a vehicle under this section, the driver may, unless the test is required under subsection (7) or (8) below to be carried out forthwith, elect that the test shall be deferred to a time, and carried out at a place, fixed in accordance with Schedule 2 to this Act, and the provisions of that Schedule shall apply accordingly.

(7) Where it appears to a constable that, by reason of an accident having occurred owing to the presence of the vehicle on a road, it is requisite that a test should be carried out forthwith, he may require it to be so carried out and, if he is not to carry it out himself, may require that the vehicle shall not be taken away until the test has been carried out.

(8) Where in the opinion of a constable the vehicle is apparently so defective that it ought not to be allowed to proceed without a test being carried out, he may require the test to be carried out forthwith.

(9) If a person obstructs an authorised examiner acting under this section, or fails to comply with a requirement of this section or Schedule 2 to this Act, he is guilty of an offence.

(10) In this section and in Schedule 2 to this Act—
(a) "test" includes "inspect" or "inspection", as the case may require, and
(b) references to a vehicle include references to a trailer drawn by it.


Here's schedule 2 of RTA 1988 which deals with deferring Road Side Tests

SCHEDULE 2
Section 67.
Deferred Tests of Condition of Vehicles
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.
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.
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.
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.
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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