LegalizeThe Motor Vehicles (Driving Licences) (Amendment No. 2) Regulations 2008
Made: 1st April 2008
Laid before Parliament: 8th April 2008
Coming into force: 16th May 2008
The Secretary of State for Transport has consulted with representative organisations in accordance with section 195(2) of the Road Traffic Act 1988.
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment No. 2) Regulations 2008 and shall come into force on 16th May 2008.
Amendment of the Motor Vehicles (Driving Licences) Regulations 1999
2
The Motor Vehicles (Driving Licences) Regulations 19994 are amended in accordance with regulation 3.
3
In the table of driving licence fees in Part 1 of Schedule 3 after the entry numbered 11 insert a new entry, and in respect of that new entry—
- (a) in the column headed “No.” insert “12”;
- (b) in the column headed “Description of licence and circumstances of application” insert “A photocard licence granted in exchange for a photocard licence which has been surrendered in pursuance of section 99(2A) of the Traffic Act5”; and
- (c) in the column headed “Fee payable” insert “£17.50”.
Signed
Signed by authority of the Secretary of State
Jim Fitzpatrick — Parliamentary Under Secretary of State — Department for Transport — 27th March 2008
We approve the making of these Regulations
Frank Roy — Alan Campbell — Two of the Commissioners of Her Majesty’s Treasury — 1st April 2008
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
These Regulations further amend the Motor Vehicles (Driving Licences) Regulations 1999 (S.I. 1999/2864) (“the Principal Regulations”).
Section 99(2A) of the Road Traffic Act 1988 requires a driving licence which is in the form of a photocard driving licence to be surrendered for renewal no later than ten years after the date on which it was issued (or, where relevant, the date on which the earliest licence bearing the same photograph was issued). Section 99(7ZA) of the 1988 Act (as inserted by the Road Safety Act 2006, section 40) provides that the Secretary of State is not required to grant a new photocard licence in those circumstances unless the licence holder pays the fee (if any) which is prescribed.
These Regulations amend Part 1 of Schedule 3 (licence fees) to the Principal Regulations with effect from 16th May 2008 by prescribing a fee of £17.50 in respect of the renewal of a photocard driving licence which has been surrendered in pursuance of section 99(2A) of the 1988 Act.
The fee has been set further to the Department for Transport (Driver Licensing and Vehicle Registration Fees) Order 2003 (S.I. 2003/2994) (as amended by S.I. 2008/908), which established a common pool for costs incurred in respect of various vehicle registration functions and various driver licensing functions of the Secretary of State. In accordance with the terms of the 2003 Order, in setting the level of this fee the Secretary of State has taken into account the costs within those common pools.
A full impact assessment has not been produced for this instrument. However, a full impact assessment of the effect that this amendment and other related amendments will have on the costs of business and the voluntary sector was produced for the Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508) and is available from the Driver and Vehicle Licensing Agency, Policy and External Communications Directorate, Longview Road, Swansea, SA7 OEP and on the DVLA’s website at www.dvla.gov.uk. That impact assessment is annexed to the explanatory memorandum relating to S.I. 2008/508, which is available alongside that instrument on the Office of Public Sector Information website at www.opsi.gov.uk.
Footnotes
1988 c.52 (in these footnotes the “1988 Act”); see section 108(1) for the definition of “prescribed” and “regulations”. Section 97(1) was amended by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c.22), sections 6, 7 and 16, Schedule 3, paragraph 9, and Schedule 6; by the Road Traffic (New Drivers) Act 1995 (c.13), section 10 and Schedule 2, paragraph 2; by the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974), regulation 2 and Schedule 1, paragraph 6; and by the Crime (International Co-operation) Act 2003 (c.32), sections 78 and 91 and Schedule 5, paragraphs 17 and 21. Section 105(4) was amended by the Driving Licences (Community Driving Licence) Regulations 1998 (S.I. 1998/1420) (in these footnotes the “1998 Regulations”), regulations 2 and 10.
S.I. 2003/2994, amended by S.I. 2008/908.
As required by section 105(4) of the 1988 Act.
S.I. 1999/2864 (in these footnotes the “1999 Regulations”); relevant amending instruments are S.I. 2004/265, S.I. 2007/698 and S.I. 2008/508.
i.e. the 1988 Act in accordance with the definition of “Traffic Act” in regulation 3 of the 1999 Regulations. Section 99(2A) was inserted by the 1998 Regulations, regulations 2 and 8.
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