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STATUTORY INSTRUMENTS

2006 No. 524

ROAD TRAFFIC

The Motor Vehicles (Driving Licences) (Amendment) Regulations 2006

  Made 27th February 2006 
  Laid before Parliament 9th March 2006 
  Coming into force
  for all regulations other than regulation 9(3) 1st April 2006 
  for the purpose of regulation 9(3) 1st July 2007 

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by sections 89(3) and (4), 97(3), 105(1) and (3) of the Road Traffic Act 1988[1].

     In accordance with section 195(2) of that Act, he has consulted with such representative organisations as he thinks fit.

Citation and commencement
     1. —(1) These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 2006.

    (2) Regulation 9(3) shall come into force on 1st July 2007 and all other regulations shall come into force on 1st April 2006.

Amendment of the Motor Vehicles (Driving Licences) Regulations 1999
     2. The Motor Vehicles (Driving Licences) Regulations 1999[2] are further amended in accordance with regulations 3 to 9.

     3. —(1) Regulation 17 (meaning of "qualified driver") is amended as follows.

    (2) For paragraph (3)(c) to (f) and the Table substitute—

     4. In regulation 22 (interpretation of Part 3) after the definition of "motor bicycle instructor" insert—

     5. —(1) Regulation 26 (applications for theory tests: applicants in person) is amended as follows.

    (2) For paragraph (1)(c) omit from "in the case of an application" to "day of the test and".

    (3) In paragraph (3), for "regulation 27 or 28" substitute "regulation 27, 28 or 28A".

     6. After regulation 28 (applications for theory tests: large vehicle instructors) insert the following new regulation—

     7. —(1) Regulation 30(1) (fees for theory tests) is amended as follows.

    (2) For "motor car" substitute "motor vehicle".

    (3) For "where the test is to be conducted", in both places substitute "where the application is made".

     8. In regulation 35(3A) (fees in respect of practical or unitary tests) for "in the case of a test to be conducted" in both places substitute "in the case of an application made".

     9. —(1) Regulation 37 (test vehicles) is amended as follows.

    (2) After paragraph (10B) insert—

    (3) In paragraph (10C), for "C or C+E" substitute "C, C+E, D or D+E".



Signed by authority of the Secretary of State


Stephen Ladyman
Minister of State Department for Transport

27th February 2006


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Motor Vehicles (Driving Licences) Regulations 1999 (the "principal Regulations").

Regulation 3 concerns the minimum period for which a qualified driver who supervises a provisional licence holder must hold a licence authorising the driving of a category of vehicle in the same category as the vehicle being driven by the provisional licence holder. The principal Regulations introduced a requirement that this must be for a minimum three year period. The Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005 (S.I. 2005/2717) amended this requirement by widening the categories of vehicle in respect of which any person supervising a provisional licence holder driving, broadly a coach, bus or lorry may hold a licence so that in some circumstances such a qualified driver need not hold such a licence for a minimum three year period. Those amending Regulations inadvertently removed the minimum three year requirement in respect of other categories of vehicle. Regulation 3 amends regulation 17 of the principal Regulations so as to restore this requirement in respect of such other vehicles. (Categories of motor vehicle and their sub-categories are described in Schedule 2 of the principal Regulations.)

Regulation 3 also amends regulation 17 of the principal Regulations concerning the circumstances in which a qualified driver supervising a provisional licence holder driving, broadly, a coach, bus or lorry, may hold a licence which does not authorise the driving of a class of vehicle in the same class as the vehicle being driven by the provisional licence holder. Broadly such a person must have held a licence of a type specified for a minimum period of three years provided that licence also authorises the driving of vehicles in the same category as the vehicle being driven by the provisional licence holder and he has held that entitlement for a minimum period of one year. For example, a person supervising a provisional licence holder driving a vehicle in category C could hold a licence which authorises the driving of category C vehicles which he has held for a minimum period of one year and which authorises the driving of category D vehicles which he has held for a minimum period of three years.

Finally Regulation 3 concerns a transitional provision in the principal Regulations relating to qualified drivers supervising provisional licence holders of certain categories of vehicle (broadly, buses, lorries and coaches) who were permitted to hold licences in the same category as the vehicle driven by the provisional licence holder for less than the three year minimum period. This was on condition that the qualified driver had held such licence continuously from 6th April 1998 and had held a full licence authorising the driving of vehicles in category B (cars) for a three year minimum period. This provision became spent on 6th April 2001. From that date such drivers automatically met the requirement to have held for a minimum period of three years a licence in the same category as the vehicle being driven by the provisional licence holder. Regulation 3 removes this spent provision.

Regulations 4, 5 and 6 amend the principal Regulations so as to allow instructors of drivers of motor cars to make block bookings for theory driving tests for their pupils.

Regulation 5 also removes a spent provision concerning tests conducted before 4th January 2000.

Regulation 7 amends the principal Regulations by removing an error in the regulation specifying fees for theory tests by substituting "motor vehicle" for "motor car".

Regulations 7 and 8 amend the principal Regulations so as to specify that the fee for taking theory and practical or unitary tests is determined according to whether the application for the test is made before 1st April 2006, or on or after that date, rather than according to whether the test is to be conducted before 1st April 2006, or on or after that date.

Regulation 9(2) amends the principal Regulations so as to require category C and C+E vehicles (broadly lorries with or without trailers) that are provided for practical driving tests to be fitted with seat belts for use by the examiner and any person authorised by the Secretary of State to be present at the test for the purpose of supervising it or otherwise. It also amends the principal Regulations so as to require certain vehicles (broadly cars, lorries and buses with or without trailers) provided for practical driving tests to be fitted with nearside and offside mirrors that give the examiner adequate rearward vision.

Regulation 9(3) amends the principal Regulations so as to make the requirement relating to seatbelts introduced by regulation 9(2) apply also in respect of category D and D+E vehicles (broadly buses).

All the regulations come into force on 1st April 2006, except for regulation 9(3) which comes into force on 1st July 2007.

These Regulations are made in conjunction with the Motor Cars (Driving Instruction) (Amendment) Regulations 2006. A combined full regulatory impact assessment of the effect that these amendments will have on the costs of business is available from the Driving Standards Agency, Stanley House, Talbot Street, Nottingham NG1 5GU. The regulatory impact assessment may also be accessed on the Office of Public Information website www.opsi.gov.uk and on the Driving Standards Agency's web-site at www.dsa.gov.uk.

Notes:

[1] 1988 c.52; see section 108(1) for the definition of "regulations"; section 89(3) was amended by the Road Traffic Act 1991(c.40) Schedule 4, paragraph 63; section 97(3) was amended by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c.22), sections 6(2), 16 and Schedule 6; the Transport Act 2000 (c.38), Schedule 31, Part 5(1); S.I. 1996/1974 and 1998/1420.back

[2] S.I.1999/2864; relevant amending instruments are S.I. 2003/2003, 2005/1975, and 2005/2717.back

[a] Amended by Correction Slip. Page 2, regulation 3(2), in the substituted regulation 17(3)(e)(ii), line one; "minimum" should be deleted. back



ISBN 0 11 074138 2


 © Crown copyright 2006

Prepared 9 March 2006

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