The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 1996

Made: 8th May 1996

Laid before Parliament: 10th May 1996

Coming into force

The Secretary of State for Transport, in exercise of the powers conferred by sections 89(3), (4) and (7)[^f00001], 91, 97(1)[^f00002], 105[^f00003] and 108(1)[^f00004] of the Road Traffic Act 1988[^f00005] after consulting with representative organisations in accordance with section 195(2) of that Act and, as regards the fees prescribed under regulation 6 and Schedule 1, with the approval of the Treasury[^f00006] hereby makes the following Regulations:—

1

These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 1996 and shall come into force—

• (a) in so far as is necessary for the purpose of enabling persons to apply for theory tests, practical tests and unitary tests, on 1st June 1996;

• (b) for all other purposes, on 1st July 1996.

2

The Motor Vehicles (Driving Licences) Regulations 1987[^f00007] shall be amended in accordance with regulations 3 to 11 below.

3

• (1) Regulation 3 (Interpretation) shall be amended as follows.

• (2) In paragraph (1)—

• (a) in the definition of “licensing authority”, at the end, there shall be inserted “for Transport”;

• (b) after the definition of “moped” there shall be inserted—

• “practical test” means, where a test is by virtue of these Regulations to be conducted in two parts, the part that consists of the practical test of driving skills and behaviour and includes such a test conducted as part of an extended driving test;

• (c) for the definition of “test” there shall be substituted—

• “test” means any test of competence to drive conducted pursuant to section 89 of the Road Traffic Act 1988 including an extended driving test;
• “theory test” means, where a test is by virtue of these Regulations to be conducted in two parts, the part that consists of the theoretical test and includes such a test conducted as part of an extended driving test;
• “unitary test” means a test which, by virtue of these Regulations, is to consist of a practical test of driving skills and behaviour and includes such a test conducted as an extended driving test;

• (3) At the end there shall be inserted—

(5) Where a statement or certificate (but not a distinguishing mark) is required under these Regulations to be in a form prescribed herein, it means a certificate or statement in that form (or as nearly in that form as circumstances permit), adapted to the circumstances of the case and duly completed and signed where required.

4

• (1) Regulation 5 (Applications for the grant of licences) shall be amended as follows.

• (2) After paragraph (1), there shall be inserted—

(1A) An applicant for a licence who before the licence is granted is required to satisfy the licensing authority that he has passed a test shall at the time when he applies for the licence deliver to the licensing authority, in support of that application, either— (a) a certificate furnished under regulation 22A(1)(a), or (b) where paragraphs (3), (4) and (5) of regulation 20B apply, certificates furnished under regulations 22(2)(a) and 22A(2) in accordance with paragraph (3) of that regulation.

5

In regulation 9(1) (Conditions attached to provisional licences), for the words from “Provided that” to the end of the paragraph there shall be substituted—

(1A) The conditions specified in paragraph (1) shall not apply in relation to the driving of motor vehicles of any class where the provisional licence holder has passed a test by virtue of which he is entitled to be granted a licence authorising him to drive vehicles of that class.

6

For Part III (Tests of Competence to Drive)[^f00008] there shall be substituted the provisions set out in Schedule 1.

7

In regulation 23B (Nature of approved training courses)[^f00009], after paragraph (4), there shall be inserted—

(4A) A certificate issued under paragraph (4) in respect of an approved training course conducted on or after 1st July 1996 may not be submitted, in support of an application for a licence, as evidence of the successful completion of that course after the expiration of a period of 3 years commencing on the date of the certificate.

8

For regulation 29 (Entitlement to categories) there shall be substituted—

(29) (1) Subject to paragraph (3), licences shall be granted authorising the driving of motor vehicles in accordance with the categories specified in columns (1) and (2) of Schedule 3 and those categories are designated as groups for the purposes of section 89(1)(b)[^f00010] and 89A(4)(a)[^f00011] of the Road Traffic Act 1988. (2) In these Regulations, unless the context otherwise requires, any reference to category B means that category including sub-category B1. (3) Where a person holds, or has held, a licence authorising him to drive vehicles of a class included in any category he is deemed competent to drive— (a) vehicles of all classes included in that category unless by that licence he is or was authorised to drive— (i) only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only such classes of vehicle included in that category as have automatic transmission; (ii) only invalid carriages, in which case he shall be deemed competent to drive only such classes of vehicle included in category B1 as are invalid carriages; (iii) only motor vehicles adapted on account of a disability, in which case he shall be deemed competent to drive only such classes of vehicle included in that category as are so adapted; and (b) all classes of vehicle included in any other category which is specified in column (3) of Schedule 3 as an additional category in relation to that category unless by that licence he is or was authorised to drive— (i) only motor vehicles having automatic transmission and the additional category is C1, D1, B plus E, C1 plus E or D1 plus E, in which case he shall be deemed competent to drive only such classes of motor vehicle included in the additional category as have automatic transmission; (ii) only invalid carriages, in which case he shall be deemed competent to drive only such classes of vehicle included in category B1 as are invalid carriages; (iii) only motor vehicles adapted on account of a disability, in which case he shall be deemed competent to drive only such classes of vehicle included in the additional category as are so adapted.

9

For Schedule 3 (Categories of motor vehicles for test purposes) there shall be substituted the provisions set out in Schedule 2.

10

For Schedule 4 (Additional requirements for driving tests) there shall be substituted the provisions set out in Schedule 3.

11

For Schedule 6 (Forms of certificate and statement of driving test result) there shall be substituted the provisions set out in Schedule 4[^f00012].

SCHEDULE 1 — PROVISIONS INSERTED IN SUBSTITUTION FOR PART III

SCHEDULE 2 — PROVISIONS SUBSTITUTED FOR SCHEDULE 3

SCHEDULE 3 — PROVISIONS SUBSTITUTED FOR SCHEDULE 4

SCHEDULE 4 — PROVISIONS SUBSTITUTED FOR SCHEDULE 6

Signed

Signed by authority of the Secretary of State for Transport

Steven Norris — Parliamentary Under Secretary of State, — 7th May 1996

We approve the making of these Regulations

Bowen Wells — Liam Fox — Two of the Lords Commissioners of Her Majesty’s Treasury — 8th May 1996

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (Driving Licences) Regulations 1987 by replacing the part relating to driving tests and making certain other incidental and minor amendments.

The principal changes made concern driving tests for vehicles in categories A (motor bicycles), B (motor cars and small goods vehicles) and P (mopeds) to give effect to the second Council Directive on driving licences, No. 91/439/EEC[^f00018], as regards those categories of vehicle. The new tests are divided into two parts, a theory test and a practical test, the requirements for each part being specified. Other tests remain unchanged as unitary tests.

As regards tests, the Regulations make provision in particular for—

• persons to be appointed by the Secretary of State to conduct theory tests;

• a trainer booking facility for theory tests prescribed for categories A and P;

• mandatory presentation of licences at tests;

• the specification of vehicles to be provided for each type of test;

• the theory test to be passed before a practical test can be taken (subject to transitional arrangements);

• the issue of certificates and statements giving the results of tests;

• the fee for a theory test conducted by an appointed person to be £15.

The fees for practical and unitary tests (which were last increased in May 1995) remain unchanged.

The Regulations also make provision limiting the validity of a certificate of successful completion of a motor cycle basic training course to 3 years.

The Regulations come into force for the booking of tests on 1 June and for the tests themselves on 1 July 1996.

Footnotes

[^f00001]: Subsection (3) was amended by paragraph 63 of Schedule 4 to the Road Traffic Act 1991 (c. 40) (in the footnotes hereinafter referred to as “the 1991 Act”); subsections (4) and (7) were inserted by paragraph 8 of Schedule 3 to the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22) (in the footnotes hereinafter referred to as “the 1989 Act”). Subsection (4)(b) is to be read in connection with the Department of Transport (Fees) Order 1988 (S.I. 1988/643, as amended by S.I. 1991/811, 1993/1601 and 1995/1684), Schedule 1, Table III.

[^f00002]: Subsection (1) was amended by paragraph 9 of Schedule 3 to the 1989 Act and by the Driving Licences (Community Driving Licence) Regulations 1990 (S.I. 1990/144).

[^f00003]: Subsection (2) was amended by the Driving Licences (Community Driving Licence) Regulations 1990 and paragraph 14 of Schedule 3 to the 1989 Act.

[^f00004]: See the definitions of “prescribed” and “regulations”.

[^f00005]: 1988 c. 52.

[^f00006]: See section 105(4).

[^f00007]: S.I. 1987/1378. Relevant amendments are mentioned in relation to specific regulations.

[^f00008]: Regulation 16 was revoked by S.I. 1990/2334 and regulation 23 by S.I. 1996/211.

[^f00009]: Inserted by S.I. 1990/2334.

[^f00010]: Inserted by section 4(2) of the 1989 Act.

[^f00011]: Section 89A was inserted by section 4(4) of the 1989 Act.

[^f00012]: Schedule 5 was revoked by S.I. 1990/2334.

[^f00013]: 1971 c. 80.

[^f00014]: 1947 c. 41.

[^f00015]: 1869 c. 115.

[^f00016]: S.I. 1990/2612. Regulation 15C was inserted by S.I. 1996/212.

[^f00017]: 1988 c. 53. Section 36 was inserted by section 32 of the 1991 Act.

[^f00018]: OJ No. L237, 29.7.91, p.1.