Motor Vehicles (Driving Licences) (Amendment No. 2) Regulations (Northern Ireland) 2002

Made: 9th December 2002

Coming into operation: 6th January 2003

The Department of the Environment, in exercise of the powers conferred on it by Articles 5(3), (4), and (5), 19C(1) and (2) and 218(1) of the Road Traffic (Northern Ireland) Order 1981[^f00001] and of every other power enabling it in that behalf, and in accordance with Article 19C(3) of that Order with the approval of the Department of Finance and Personnel[^f00002] as regards regulation 4, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment No. 2) Regulations (Northern Ireland) 2002 and shall come into operation on 6th January 2003.

• (2) In these Regulations “the principal Regulations” means the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996[^f00003];

Amendments to the principal Regulations

2

The principal Regulations shall be amended in accordance with regulations 3 to 5.

Amendment of regulation 2 (interpretation)

3

In regulation 2(1) in the definition of “theory test” for the words “theoretical test” there shall be substituted “test of driving theory and hazard perception”.

Amendment of regulation 24 (fees for theory tests)

4

In regulation 24 for “£18·00” there shall be substituted “£20·50”.

Amendment of regulation 29 (nature of tests other than extended tests)

5

In regulation 29–

• (1) In paragraph (1A)(a) for the words “theoretical test” there shall be substituted the words “test of driving theory and hazard perception”.

• (2) For paragraph (3)(a) there shall be substituted–

(a) the theory test if he satisfies the person conducting the test– (i) in respect of the test of driving theory described in paragraph (6A) of his knowledge and understanding of the specified matters; and (ii) in respect of the hazard perception test described in paragraph (6B) that his performance in the test demonstrates an ability to perceive hazards on the road;

• (3) For paragraph (6) there shall be substituted–

(6) The theory test shall be conducted in two parts, one part being the test of driving theory described in paragraph (6A) and the other being the hazard perception test described in paragraph (6B).

• (4) After paragraph (6) there shall be inserted the following–

(6A) The test of driving theory shall– (a) be conducted as an approved form of examination consisting of 35 questions, the questions being in either a multiple choice or multiple response form and testing a candidate on the specified matters in accordance with Schedule 6; and (b) have a duration of 40 minutes or, in the circumstances specified in paragraph (7), 80 minutes. (6B) The hazard perception test shall– (a) be conducted by means of the exhibition of film clips that take the perspective of the driver of a motor vehicle and show, at some point during each film clip, one or more hazards to traffic occurring on or near the road; and (b) require the candidate (using electronic equipment provided for the purpose and capable of recording the exact moment of each response) to indicate during each film clip the moment he observes a hazard relating to traffic on the road. (6C) For the purposes of this regulation– - “an approved form of examination” means a form of examination which is conducted in writing or by means of data recorded on equipment operating in response to instructions given by the candidate, and - “film clip” means a sequence of visual images displayed electronically.

• (5) In paragraph (7) for the words “paragraph (6)” there shall be substituted the words “paragraph (6A)”.

Signed

Sealed with the Official Seal of the Department of the Environment on 9th December 2002.

Stanley Duncan — A senior officer of the — Department of the Environment

The Department of Finance and Personnel approves regulation 4.

Sealed with the Official Seal of the Department of Finance and Personnel on 9th December 2002.

Rodney Scott — A senior officer of the — Department of Finance and Personnel

Explanatory note

(This note is not part of the Regulations.)

These Regulations further amend the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996 (“the principal Regulations”) as follows.

Regulations 3 and 5 amend, respectively, regulations 2 and 29 of the principal Regulations by replacing the theory test currently taken by those wishing to obtain a driving licence with a two-part theory test. Part I of the new two-part theory test consists of the old theory test, consisting of a test of driving theory. Part II consists of a test of the candidate’s ability to recognise hazards to driving (a “hazard perception test”).

Regulation 4 increases the fee for a theory test in respect of any category of motor vehicle from £18 to £20·50.

Footnotes

[^f00001]: S.I. 1981/154 (N.I. 1); see Article 2(2) for the definition of “Department”; Articles 5 and 19C were substituted by S.I. 1991/197 (N.I. 3) Schedule 1; Article 5 was amended by S.R. 1996 No. 426, Schedule 1, paragraph 2; Article 19C was amended by S.I. 1996/1320 (N.I. 10), Schedule 3, paragraph 8 and S.R. 1996 No. 426, Schedule 1, paragraph 11

[^f00002]: Formerly the Department of Finance. see S.I. 1982/338 (N.I. 6), Article 3

[^f00003]: S.R. 1996 No. 542; relevant amending regulations are S.R. 1997 No. 383 and S.R. 2002 No. 51