All modified cars to fail MOT ???

The Department for Transport (DfT) urgently requests your feedback regarding the new Roadworthiness Package proposed by the EU Commission on 13 July 2012. The proposal contains two new Regulations and a supporting amending Directive relating to roadworthiness testing and roadside checks.
DfT appreciate the complexity and scale of the package, so have produced a spreadsheet summarising the key items that may concern you and to which you can add your comments for feedback.

Summary Topic / Proposal Stakeholder Comments Costs/Benefits if known
The Commission proposes to bring all trailers capable of more than 40kph into scope of periodic testing. This includes all currently exempt trailers below 3,500 kgs (including caravans).

The Commission proposes to bring motorcycles into scope of periodic testing. This is already done in GB but will become a requirement EU wide. It will add analysis of exhaust fumes.

The Commission proposes to introduce a definition for a roadworthiness test that components of the vehicle must comply with characteristics at the time of first registration. This may prevent most modifications to vehicles without further approval of the vehicle. (this will apply to many components and to all types of vehicle)

The Commission proposes to change the definition of an Historic Vehicle that may be exempt from periodic testing. This may allow vehicles older than 30 years to be exempt from testing providing the vehicle has been maintained in its original condition, including its appearance.

The Commission proposes that all vehicles must be subject to periodic testing except historic vehicles, forces and emergency vehicles, agricultural vehicles limited to less than 40kph and specialist funfair/circus vehicles limited to 40kph.

The Commission proposes that new tests and testing equipment are introduced. The equipment details are contained in Annex V of the proposed Periodic Testing Regulation. New elements include testing of brake fluid, light intensity, shock absorber testers, changes to brake testing equipment and a number of others.

The Commission proposes that all Member States make it compulsory for odometer distances to be shown on test certificates and that tampering with an odometer becomes an offence subject to a penalty.

The Commission proposes to introduce definitions of severity into test. Minor defects would result in a test failure but would not prevent a certificate being issued. (The vehicle owner is expected to correct the failure without needing to have it re-confirmed by the tester).

The Commission proposes that in the case where a vehicle has dangerous defects discovered at test, that the vehicle shall not be used on public roads and the registration of the vehicle must be withdrawn until the defects are rectified.

The Commission proposes new rules regarding the training of vehicle testers. This includes new areas of knowledge and compulsory annual retraining for all testers. (details are contained in Annex VI of the draft Periodic Testing Regulation).

The Commission proposes that the drivers of a vehicle registered in a Member State shall keep on board the roadworthiness certificate corresponding to the latest roadworthiness test and the report of the last roadside inspection (if applicable).

The Commission proposes that when major or dangerous deficiencies have been found following a more detailed roadside inspection, Member States may require the payment of a fee.

The Commission proposes that all vehicle manufacturers will make available to test centres all technical data covered by the Certificate of Conformity. (As per annex I of the draft Periodic Testing Regulation). (Vehicle manufacturers includes makers of any non rail bourne motor vehicle or trailer).