LegalizeThe Department of Transport (Fees) Order 1988
Made: 29th March 1988
Coming into force: 1st April 1988
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
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.
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.
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.
SCHEDULE 1
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| (1) | (2) | (3) |
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| 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 international agreement or arrangement, in respect of— | ||
| A. International road haulage permits; | iThe functions of the Secretary of State pursuant to ... any international road transport agreement or arrangement regarding international road haulage permits.iiAny 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 8 |
| B. Type approval certificates; | iThe functions of the Secretary of State ... with respect to ... type approval certification, including, without prejudice to the generality of the foregoing, the investigation and prosecution of offences and enforcement action.iiThe 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 8 |
| 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 1975[^f00006] | iThe 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.iiAll other functions of the Secretary of State in relation to approval certifications including, without prejudice to the generality of the foregoing:—athe ensuring of uniformity in the application of standards of approvals;bthe 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;cthe enforcement of compliance with the provisions of the Agreement or the Convention. | Paragraphs 1 to 8 |
| D. Approval of tachograph calibration centres; | iThe functions of the Secretary of State in relation to the approval of tachograph calibration centres under the Transport Act 1968.ii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iiiAny 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:—acarrying 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;binvestigations required in relation to approved centres and any subsequent enforcement activity;capproval of equipment for use in connection with tachograph installation, repair or checking. | Paragraphs 1 to 8 |
| E. International road passenger transport authorisations. | iThe functions of the Secretary of State in relation to international road passenger transport authorisations pursuant to ... any international agreement or arrangement.iiAny 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 8 |
| (1) | (2) | (3) |
| --- | --- | --- |
| Fee—Fixing Power | Specified Functions | Specified matters as set out in Schedule 2, which apply. |
| 1. Section 43(6)[^f00008]— | ||
| 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; | iThe 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 1981[^f00009].iiAny 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. | iFunctions 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.iiAny 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:—ainspections of premises, equipment, records, vehicles and testing station testing standards for enforcement purposes;benforcement action against testing stations and testers, and appeals therefrom;ctraining, re-training and checking of the continuing competence of nominated testers;dthe issue of duplicate test certificates where a testing station’s authorisation has ceased;efunctions 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. | iThe functions of the Secretary of State in relation to goods vehicle plating and testing under the Road Traffic Act 1972.iiAny 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)[^f00010]— | ||
| 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 in relation to type approval or Minister’s approval certification under the Road Traffic Act 1972 including, without prejudice to the generality of the foregoing, the investigation and prosecution of offences and enforcement action. | Paragraphs 1 to 7. |
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| 9. Section 128(1)[^f00014]— | ||
| power to prescribe in regulations the fee in respect of— | ||
| The entry of a person’s name in the register of approved driving instructors. | The functions of the Secretary of State and the Registrar in relation to the register of approved driving instructors under the Road Traffic Act 1972 including, without prejudice to the generality of the foregoing, the investigation and prosecution of offences and enforcement action. | Paragraphs 1 to 8. |
| 10. Section 129(1)— | ||
| power to prescribe in regulations the fee in respect of— | ||
| The retention of a person’s name on the register of approved driving instructors for a further period. | The functions of the Secretary of State and the Registrar in relation to the register of approved driving instructors under the Road Traffic Act 1972 including, without prejudice to the generality of the foregoing, the investigation and prosecution of offences and enforcement action. | Paragraphs 1 to 8. |
| 11. Section 131(1)[^f00015]— | ||
| power to prescribe in regulations the fee in respect of— | ||
| The grant of a licence to give instruction in the driving of a motor car. | The functions of the Secretary of State and the Registrar in relation to the register of approved driving instructors under the Road Traffic Act 1972 including, without prejudice to the generality of the foregoing, the investigation and prosecution of offences and enforcement action. | Paragraphs 1 to 7. |
| 12. Section 133(1)[^f00016]— | ||
| power to prescribe in regulations fees in respect of— | ||
| Taking parts of the qualifying examination. | The functions of the Secretary of State and the Registrar in relation to the register of approved driving instructors under the Road Traffic Act 1972 including, without prejudice to the generality of the foregoing, the investigation and prosecution of offences and enforcement action. | Paragraphs 1 to 7. |
| ... | ||
| --- | --- | --- |
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| . . . | . . . | . . . |
| (1) | (2) | (3) |
| --- | --- | --- |
| Fee—Fixing Power | Specified Functions | Specified matters as set out in Schedule 2, which apply. |
| . . . | . . . | . . . |
| 3. Section 52(1) as applied by section 126(1) of the Transport Act 1985 — power to prescribe in regulations the fees in respect of— | ||
| A. Applications for and the grant of London local service licences; | iThe functions of the Secretary of State and the metropolitan traffic commissioner in relation to London local service licences under the Public Passenger Vehicles Act 1981 and the Transport Act 1985.iiAny other functions of the Secretary of State and the metropolitan traffic commissioner in relation to London local service licences including, without prejudice to the generality of the foregoing, the investigation and prosecution of offences and enforcement action. | Paragraphs 1 to 7. |
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SCHEDULE 2
1
All costs incurred by the Secretary of State, ... licensing authorities, traffic commissioners and the Registrar of approved driving instructors which are directly attributable to the functions specified in Schedule 1 above.
2
That proportion of the costs, not falling within paragraph 1 above, incurred by, or on behalf of, any of the persons specified in paragraph 1 above, in relation to staff, equipment, premises, facilities and matters connected, whether directly or indirectly, therewith, being the proportion which falls to be attributed to any of the functions specified in Schedule 1 above.
3
A return on the resources employed in carrying out any of the functions specified in Schedule 1 above.
4
The allocation of a sum in respect of matters which would otherwise be covered by insurance, the allocation of a sum in respect of superannuation payments and provision for bad debts, in relation to any of the functions specified in Schedule 1 above.
5
Amounts recovered in relation to any of the functions specified in Schedule 1 above other than from such fees as are referred to in this Order.
6
The allocation, over a period of years, of an initial or exceptional cost in relation to any of the functions specified in Schedule 1 above.
7
In respect of any function of any of the persons specified in paragraph 1 above consisting of the payment or remittance of any sum or amount, both the sum or amount in question and the cost incurred in effecting the payment or remittance.
8
The recovery of any past deficits incurred in relation to any of the functions specified in Schedule 1 above.
9
Value added tax.
Signed
Paul Channon — Secretary of State for Transport — 1988-03-29
Explanatory note
(This note is not part of the Order)
This Order specifies functions and matters which are to be taken into account in the determination of fees to be fixed by the Secretary of State for Transport in respect of certain activities concerning road vehicles, road transport, drivers, goods vehicle operators, public service vehicle operators and bus services.
Footnotes
[^f00001]: 1987 c. 51.
[^f00002]: 1968 c. 73; section 89(1) was amended by the Transport Act 1980 (c. 34), section 69 and Schedule 9, Part II and by the Transport Act 1982 (c. 49), section 74(2) and Schedule 6.
[^f00003]: 1985 c. 67.
[^f00005]: 1973 c. 51.
[^f00006]: Cmnd. 9032.
[^f00017]: 1976 c. 58.
Editorial notes
[^key-90755d583d78be816511db38fa0aad78]: Art. 1 in force at 1.4.1988, see art. 1(1)
[^key-fd28da57a548f4ef75f8626b95f17997]: Art. 2 in force at 1.4.1988, see art. 1(1)
[^key-1409bc8b391a038ee23e99357d4ffa1a]: Art. 3 in force at 1.4.1988, see art. 1(1)
[^key-bb39895994f81f565a1333644b21c0dc]: Sch. 2 para. 1 in force at 1.4.1988, see art. 1(1)
[^key-b05d2ae58d3f2aadbca277953dfaa3f7]: Sch. 2 para. 2 in force at 1.4.1988, see art. 1(1)
[^key-795bc8f088f921fe0525852806d089b1]: Sch. 2 para. 3 in force at 1.4.1988, see art. 1(1)
[^key-827649c3d9c41d5f112c4d9c8bdbd7f0]: Sch. 2 para. 4 in force at 1.4.1988, see art. 1(1)
[^key-9b1c6d4f59300e86e19b1986517d43ab]: Sch. 2 para. 5 in force at 1.4.1988, see art. 1(1)
[^key-21dbff8e334255d22502f0419163822d]: Sch. 2 para. 6 in force at 1.4.1988, see art. 1(1)
[^key-9e14d49c3c7e298be7b2acd8b9519d76]: Sch. 2 para. 7 in force at 1.4.1988, see art. 1(1)
[^key-a523e0378fb6eb9d83a3ae0ce5e79103]: Sch. 2 para. 8 in force at 1.4.1988, see art. 1(1)
[^key-89cfb7fe50b49a1be9a149876b2aa92b]: Sch. 2 para. 9 in force at 1.4.1988, see art. 1(1)
[^key-dcc10de8a6d511956f2c4ebf64403aae]: Sch. 1 in force at 1.4.1988, see art. 1(1)
[^key-43e9b88b07ee789c46dea465903688f6]: Sch. 1 Table 3 substituted (1.7.1995) by The Department of Transport (Fees) (Amendment) Order 1995 (S.I. 1995/1684), arts. 1, 3(1), Sch. 1
[^key-2f3c6cbb3e4f36b927cd06c3f58d73c8]: Sch. 1 Table 3 item 5A inserted (23.7.1996) by The Department of Transport (Fees) (Amendment) Order 1996 (S.I. 1996/1961), arts. 1, 2(3)
[^key-4e7fcb712cbc03f3004d488bae9153ef]: Sch. 1 Table 3 item 7A inserted (11.4.2003) by The Department of Transport (Fees) (Amendment) Order 2003 (S.I. 2003/1094), art. 1, Sch. 1 Pt. 2
[^key-39100ea58e5fee283884feff465f495c]: Words in Sch. 1 Table 3 item 12 substituted (11.4.2003) by The Department of Transport (Fees) (Amendment) Order 2003 (S.I. 2003/1094), art. 1, Sch. 1 Pt. 3
[^key-7e90c2694631602f7b259ca8a11b4d88]: Sch. 1 Table 3 Item 6 revoked (21.11.2003) by The Department for Transport (Driver Licensing and Vehicle Registration Fees) Order 2003 (S.I. 2003/2994), arts. 1(1), 4
[^key-2da6cec6853b04ccaf017aa217895fee]: Sch. 1 Table 1 omitted (17.3.2009) by virtue of The Department for Transport (Fees) Order 2009 (S.I. 2009/711), arts. 1, 10(2)(a)
[^key-b5440953216ec2636f56c7ad67b5ae37]: Sch. 1 Table 3 items 1-4A omitted (17.3.2009) by virtue of The Department for Transport (Fees) Order 2009 (S.I. 2009/711), arts. 1, 10(2)(b)
[^key-10767fb21b11f4e52e47da88a5851503]: Sch. 1 Table 4 omitted (17.3.2009) by virtue of The Department for Transport (Fees) Order 2009 (S.I. 2009/711), arts. 1, 10(2)(c)
[^key-28935e2b2be19ec25147c5c2a9445d2c]: Sch. 1 Table 5 (except item 3A) omitted (17.3.2009) by virtue of The Department for Transport (Fees) Order 2009 (S.I. 2009/711), arts. 1, 10(2)(d)
[^key-5ea4581b470d4a8b641a50f37b11dffa]: Sch. 1 Table 6 omitted (17.3.2009) by virtue of The Department for Transport (Fees) Order 2009 (S.I. 2009/711), arts. 1, 10(2)(e)
[^key-a268bf6aaea2df1e28fba961818042ef]: Words in Sch. 1 Table 2 item A(i) substituted (17.3.2009) by The Department for Transport (Fees) Order 2009 (S.I. 2009/711), arts. 1, 10(3)(a)(i)
[^M_F_5ca26372-8402-4cbd-abad-31dada444f85]: Word in Sch. 1 Table 2 item B(i) omitted (17.3.2009) by The Department for Transport (Fees) Order 2009 (S.I. 2009/711), arts. 1, 10(3)(a)(ii)
[^key-e1b8431e0f8183210d39dc2f8a9022b1]: Words in Sch. 1 Table 2 item E(i) substituted (17.3.2009) by The Department for Transport (Fees) Order 2009 (S.I. 2009/711), arts. 1, 10(3)(a)(iv)
[^key-2ca83163c495d9c823f7e67459631144]: Words in Sch. 1 Table 2 substituted (17.3.2009) by The Department for Transport (Fees) Order 2009 (S.I. 2009/711), arts. 1, 10(3)(b)
[^key-6c7029d218d2633e3d35d6ce93fe3537]: Words in Sch. 2 para. 1 omitted (1.9.2009) by virtue of The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 1(1), Sch. 2 para. 1 (with Sch. 4)
[^key-040c711bd916ead4b14a29824ac64cf4]: Words in Sch. 1 Table 2 omitted (31.12.2020) by virtue of The Department for Transport (Fees) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1121), regs. 1, 2(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
[^key-e9fa44353c0aa6e6c136215c3ae45917]: Words in Sch. 1 Table 2 item A(i) omitted (31.12.2020) by virtue of The Department for Transport (Fees) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1121), regs. 1, 2(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
[^key-7d41af957532141c20ddbe4fb7bab79e]: Words in Sch. 1 Table 2 item B(i) omitted (31.12.2020) by virtue of The Department for Transport (Fees) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1121), regs. 1, 2(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
[^key-dddc6ba7896e8809012df5b0fcc60a58]: Sch. 1 Table 2 item D(iii) omitted (31.12.2020) by virtue of The Department for Transport (Fees) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1121), regs. 1, 2(2)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
[^key-964dce215202884e3ca84e9e9ec5510e]: Words in Sch. 1 Table 2 item E(i) omitted (31.12.2020) by virtue of The Department for Transport (Fees) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1121), regs. 1, 2(2)(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)
2
Section 61A —power to prescribe in regulations the fees to be paid for an application for an examination, or an appeal in relation to or for the issue of certificates.
A
Public service vehicles;
B
Vehicles other than public service vehicles.
2
Section 46(d)— the power to prescribe in regulations the charges to be made for the supply of forms for test certificates and notifications of such certificates.
3
Section 51(1)[^f00006] — power to prescribe in regulations the fees to be paid in respect of—
4
Section 61(1) and (2)—
5
Section 89(4)(b) —power to prescribe in regulations the fee for a test of competence to drive a motor vehicle to be paid by a person who submits himself for such a test, or applies for an appointment for such a test.
6
Section 97(1) —power to prescribe in regulations the fee in respect of the grant of a driving licence.
7
Section 97(3A)(e) —power to prescribe in regulations the charges in connection with the supply of forms for certificates evidencing the successful completion of a course of training in the driving of motor bicycles.
8
Section 125(3) —power to prescribe in regulations the fee in respect of—
9
Section 125A(5) —power to prescribe in regulations the fee in respect of—
10
Section 127(2) —power to prescribe in regulations the fee in respect of— The retention of a person’s name in the register of approved driving instructors for a further period.
11
Section 129(2) —power to prescribe in regulations the fee in respect of—
12
Section 132(2)— power to prescribe in regulations fees in respect of the taking of the prescribed parts of—
A
By virtue of section 61(2)(d);
B
By virtue of section 61(2)(e);
4A
Section 63A(3)—power to prescribe in regulations the fees in respect of the determination of plated weights of vehicles otherwise than on an examination under regulation made under section 49 or 61.
5A
Section 89(5)(b)—power to prescribe in regulations charges for the supply of forms of certificates evidencing the results of parts of tests.
1
Section 21(3)—power by regulations to provide that in such circumstances as may be prescribed by the regulations a vehicle shall not be registered under section 21 until a fee of such amount as may be so prescribed is paid.
7A
Section 99ZC— power to provide in regulations under section 99ZA (compulsory driver training courses) for the charging of reasonable fees in respect of the exercise of functions conferred or imposed on the Secretary of State.
1A
Section 22A(3)(b), (d), (g), (h) and (j)— powers to make provision in respect of fees in connection with examinations and re-examinations resulting from appeals and the repayment of fees for re-examinations.
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