The Department of Transport (Fees) (Amendment) Order 1995

Made: 30th June 1995

Coming into force: 1st July 1995

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 and Commencement

1

This Order may be cited as the Department of Transport (Fees) (Amendment) Order 1995 and shall come into force on the day after the day on which it is made.

Preliminary

2

The Department of Transport (Fees) Order 1988[^f00002] shall be further amended in accordance with the following provisions of this Order.

Amendments to Schedule 1

3

• (1) In Schedule 1 for Table III there shall be substituted the Table in Schedule 1 to this Order.

• (2) In Schedule 1 for Table VI there shall be substituted the Table in Schedule 2 to this Order.

SCHEDULE 1

SCHEDULE 2

Signed

Signed by authority of Secretary of State for Transport

Steven Norris — Parliamentary Under Secretary of State, — Department of Transport — 30th June 1995

Explanatory note

(This note is not part of the Order)

This Order further amends the Department of Transport (Fees) Order 1988 by substituting a new Table III and Table VI in Schedule 1.

The new Table III specifies functions and matters which are to be taken into account in the determination of fees and charges to be fixed by the Secretary of State under the Road Traffic Act 1988. It contains drafting changes as a result of the replacement of the Road Traffic Act 1972 (c. 20) by the Road Traffic Act 1988 and subsequent amendments to the 1988 Act.

The new Table III also makes specific provision in relation to charges under section 46(d) of the 1988 Act for the supply of test certificate forms. Further light goods vehicles to which section 45 of the Road Traffic Act 1988 applies are treated in the same way as passenger vehicles.

A person who drives a motor bicycle but does not hold a full licence to do so is required to undergo a course of off-road and on-road basic training (“compulsory basic training”) before he can drive on a public road unsupervised, or before he can take a test of competence to drive a motor bicycle. Compulsory basic training replaced Part I of the test for motor bicycles which, after the 31st May 1991, ceased to exist. As a consequence references to Part I and II of the test for motor bicycles have been removed.

Table III also specifies functions and matters which are to be taken into account in fixing fees under section 125A of the 1988 Act. Section 125A was inserted in the 1988 Act by the Road Traffic (Driving Instruction by Disabled Persons) Act 1993 and amongst other things enables the Secretary of State to prescribe a fee for entering a person’s name in the register of approved driving instructors with an indication that he is a disabled person.

The new Table VI specifies functions and matters which are to be taken into account in the determination of fees to be fixed by the Secretary of State under section 61A of the Vehicle Excise and Registration Act 1994. Section 61A was inserted into the 1994 Act by the Finance Act 1995 and comes into force on the 1st July 1995. Amongst other things it enables the Secretary of State to prescribe a fee for the issue of certificates which state the design weight of a vehicle.

Footnotes

[^f00001]: 1987 c. 51.

[^f00002]: S.I. 1988/643; relevant amending instruments are S.I. 1991/811 and S.I. 1993/1601.

[^f00003]: 1988 c. 52; to which there are relevant amendments specified in the footnotes to the sections cited in this Schedule.

[^f00004]: Section 45 was amended by the Road Traffic Act 1991 (c. 40), Schedule 4, paragraph 52 and section 46 was amended by the Road Traffic Act 1991, Schedule 4, paragraph 53.

[^f00005]: 1981 c. 14; section 6 was amended by the Road Traffic Act (Consequential Provisions) Act 1988 (c. 54), section 4 and Schedule 3; the Road Traffic Act 1991, Schedule 4, paragraph 14; the Criminal Justice Act 1982 (c. 48), sections 38 and 46. Section 10 was amended by the Road Traffic Act 1991, Schedule 4, paragraph 15.

[^f00006]: Section 51(1) was amended by the Road Traffic Act 1991, Schedule 4, paragraph 19 and Schedule 8.

[^f00007]: Section 61(2) was amended by the Road Traffic Act 1991, Schedule 4, paragraph 19 and Schedule 8.

[^f00008]: Section 89(4) was amended by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22), Schedule 3, paragraph 8.

[^f00009]: Section 97(1) was amended by the Road Traffic (Driver Licensing and Information Systems) Act 1989, Schedule 3, paragraph 9 and Schedule 6, and the Driving Licences (Community Driving Licence) Regulations 1990 (S.I. 1990/144).

[^f00010]: Section 97(3A) was inserted by the Road Traffic (Driver Licensing and Information Systems) Act 1989, section 6.

[^f00011]: Section 125 was amended by the Road Traffic (Driving Instruction by Disabled Persons) Act 1993 (c. 31), Schedule, paragraph 3.

[^f00012]: Section 125A was inserted by the Road Traffic (Driving Instruction by Disabled Persons) Act 1993, Schedule, section 1.

[^f00013]: Section 127(2) was amended by the Road Traffic (Driving Instruction by Disabled Persons) Act 1993, Schedule paragraph 5.

[^f00014]: Section 129 was amended by the Road Traffic (Driving Instruction by Disabled Persons) Act 1993, section 2.

[^f00015]: 1994 c. 22.

[^f00016]: Sections 60A and 61A were inserted by the Finance Act 1995 (c. 4), section 15, Schedule 4, paragraphs 24 and 26.