The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008

Made: 25th February 2008

Laid before Parliament: 27th February 2008

Coming into force

The Secretary of State for Transport makes these Regulations in exercise of the powers conferred by sections 89(3), (4) and (5), 97(1) and 105(1), (2), (3) and (4) of the Road Traffic Act 1988 and by virtue of the Department of Transport (Fees) Order 1988 and the Department for Transport (Driver Licensing and Vehicle Registration Fees) Order 2003 and with the approval of the Treasury .

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) Regulations 2008 and shall come into force for the purposes of regulations 7(a) and (b) and 12 on 29th September 2008 and for all other purposes on 1st April 2008.

Amendment of the Motor Vehicles (Driving Licences) Regulations 1999

2

The Motor Vehicles (Driving Licences) Regulations 1999 are amended in accordance with regulations 3 to 12.

3

In regulation 23 (persons by whom theory tests may be conducted)—

• (a) in paragraph (1) omit sub-paragraph (d);

• (b) in paragraphs (3) and (8) for “sub-paragraphs (b), (c), (d) or (e) of paragraph (1)” substitute “ sub-paragraphs (b), (c), (da), (db), (e) or (f) of paragraph (1) ”; and

• (c) in paragraph (5) for “paragraph (b), (c), (d) or (e) of paragraph (1)” substitute “ sub-paragraphs (b), (c), (da), (db), (e) or (f) of paragraph (1) ”.

4

In regulation 24 (persons by whom practical and unitary tests may be conducted)—

• (a) in paragraph (3) for “sub-paragraphs (b), (c), (d) or (f) of paragraph (1)” substitute “ sub-paragraphs (b), (ca), (cb), (d), (f) or (g) of paragraph (1) ”; and

• (b) in paragraph (5) for “sub-paragraph (b), (c), (d) or (f) of paragraph (1)” substitute “ sub-paragraphs (b), (ca), (cb), (d), (f) or (g) of paragraph (1) ”.

5

In regulation 30 (fees for theory tests)—

• (a) for paragraph (1) substitute—

(1) The fee payable for a theory test to be conducted by an appointed person in respect of a motor vehicle in a category of C or D is £32.00.

; and

• (b) for paragraph (2) substitute—

(2) The fee payable for a theory test to be conducted by an appointed person in respect of a motor vehicle in a category of A, B or P is £30.00.

6

In regulation 35 (fees in respect of practical or unitary tests)—

• (a) in paragraph (1) for “regulation 24(1)(b), (c), (d), or (f)” substitute “ regulation 24(1)(b), (ca), (cb), (d), (f) or (g) ”;

• (b) in paragraph (2) for “paragraphs (4) and (5)” substitute “ paragraphs (3ZA), (4) and (5) ”;

• (c) in paragraph (3) for “paragraph (4)” substitute “ paragraphs (3ZA) and (4) ”; and

• (d) after paragraph (3), insert—

(3ZA) In paragraphs (2) and (3), where a reference is made to the Table in Schedule 5, that reference shall be— (a) in the case of a test where the application is made on or after 1st April 2008 (and which, in the case of a test for a licence authorising the driving of a motor vehicle of a class included in category A, sub-category A1 or category P only, is to be conducted on or before 28th September 2008), to the Table in Part 1 of Schedule 5; and; (b) in the case of a test which is for a licence authorising the driving of a motor vehicle of a class included in category A, sub-category A1 or category P and which is to be conducted on or after 29th September 2008, to the Table in Part 2 of Schedule 5.

7

In regulation 40 (nature of tests other than extended tests)—

• (a) in sub-paragraph (7)(a) before “the person” insert “ subject to sub-paragraph (aa) ” and omit “and” in the second place where it occurs;

• (b) after sub-paragraph (7)(a) insert—

(aa) in the case of a test for a licence authorising the driving of a class of vehicle included in category A or P, the person taking the test undertakes the activities and manoeuvres specified in paragraphs 7 to 15 of section D of Part I of Schedule 8 on a special testing ground, and

; and

• (c) in paragraph (8A)—

• (i) for sub-paragraph (a) substitute—

(a) in the case of a test for a licence authorising the driving of a class of vehicle included in a category of C or D— (i) be conducted as an approved form of examination consisting of 60 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 7; and (ii) have a duration of 70 minutes or, in the circumstances specified in paragraph (9), 140 minutes;

; and

• (ii) for paragraph (b) substitute—

(b) in the case of a test for a licence authorising the driving of a class of vehicle included in a category of A, B or P— (i) be conducted as an approved form of examination consisting of 50 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 7; and (ii) have a duration of 57 minutes or, in the circumstances specified in paragraph (9), 114 minutes.

8

In regulation 47 (evidence of result of theory test) for paragraph (8) substitute—

(8) A person authorised to conduct theory tests by virtue of sub-paragraphs (b), (c), (da), (db), (e) or (f) of regulation 23(1) or regulation 23(2)(b) shall issue theory test pass certificates using forms supplied by the Secretary of State who may make a charge— (a) in respect of a motor vehicle in a category of C or D, of £21.00 per form; and (b) in respect of a motor vehicle in a category of A, B or P, of £18.50 per form.

9

In regulation 48 (evidence of the result of practical or unitary test) in paragraph (3) for “sub-paragraphs (b), (c), (d) or (f) of regulation 24(1)” substitute “ sub-paragraphs (b), (ca), (cb), (d), (f) or (g) of regulation 24(1) ”.

10

For Part 1 of Schedule 3 (licence fees) substitute the Part 1 set out in Schedule 1 to these Regulations.

11

For Schedule 5 substitute the schedule set out in Schedule 2 to these Regulations.

12

In Schedule 8 (specified requirements for practical or unitary test) in section D of Part I—

• (a) omit paragraph 6; and

• (b) after paragraph 9 insert—

(10) Execute a slalom manoeuvre at slow speed. (11) Execute a figure of eight manoeuvre at slow speed. (12) Drive the vehicle at a steady walking pace, as if in slow moving traffic, making correct use of the vehicle to maintain a good level of balance. (13) Execute a manoeuvre avoiding an obstacle whilst driving the vehicle at a speed of no less than - (a) 31.25 miles per hour, in the case of a vehicle in category A; or (b) 18.75 miles per hour, in the case of a vehicle in category P. (14) Execute a further manoeuvre whilst driving the vehicle in second or third gear and at a speed of no less than 18.75 miles per hour. (15) Execute two braking exercises, one of which must be an emergency stop, whilst driving the vehicle at a speed of no less than - (a) 31.25 miles per hour, in the case of a vehicle in category A; or (b) 18.75 miles per hour, in the case of a vehicle in category P.

SCHEDULE 1 — PROVISIONS INSERTED IN SUBSTITUTION FOR PART 1 OF SCHEDULE 3

SCHEDULE 2 — PROVISIONS INSERTED IN SUBSTITUTION FOR SCHEDULE 5

Signed

Signed by authority of the Secretary of State

Rosie Winterton — Minister of State — 19th February 2008

Department for Transport

We approve the making of these Regulations

Alan Campbell — Dave Watts — Two of the Commissioners of Her Majesty's Treasury — 25th February 2008

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1988 c.52 (in these footnotes the “1988 Act”); see section 108(1) for the definition of “prescribed” and “regulations”. Section 89(3) was amended by the Road Traffic Act 1991 (c.40) (in these footnotes the “1991 Act”), Schedule 4, paragraph 63; and by the Road Safety Act 2006 (c.49) (in these footnotes the “2006 Act”), section 36. Section 89(4) was amended by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c.22) (in these footnotes the “1989 Act”), section 7 and Schedule 3, paragraph 8; by the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974) (in these footnotes the “1996 Regulations”), regulation 2 and Schedule 1, paragraph 2; and by the 2006 Act, section 36; Section 89(5) was amended by the 2006 Act, section 36. Section 97(1) was amended by the 1989 Act, 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 1996 Regulations, regulation 2 and Schedule 1, paragraph 6; and by the Crime (International Co-operation) Act 2003 (c.32 ) (in these footnotes the “2003 Act”), sections 78 and 91 and Schedule 5, paragraphs 17 and 21. Section 105(2) was amended by the 1989 Act, section 7 and Schedule 3, paragraph 14; by the Driving Licences (Community Driving Licence) Regulations 1990 (S.I. 1990/144) (in these footnotes the “1990 Regulations”), regulation 2 and Schedule 1, paragraph 6; by the 1991 Act, section 83 and schedule 8; by the 1996 Regulations, regulation 2 and Schedule 1, paragraph 17; by the Driving Licences (Community Driving Licence) Regulations 1998 (S.I. 1998/1420) (in these footnotes the “1998 Regulations”), regulations 2, 10 and 17 and the Schedule; and by the 2003 Act, section 91 and Schedule 5, paragraphs 17 and 23. Section 105(4) was amended by the 1998 Regulations, regulations 2 and 10.

[^f00002]: S.I. 1988/643; relevant amending instruments are S.I. 1995/1684 and S.I. 1996/1961.

[^f00003]: S.I. 2003/2994.

[^f00004]: As required by section 105(4) of the 1988 Act.

[^f00005]: S.I. 1999/2864 (in these footnotes the “1999 Regulations”); relevant amending instruments are S.I. 2000/3157, S.I. 2002/2641, S.I. 2003/2003, S.I. 2004/265, S.I. 2004/3028, S.I. 2004/3168, S.I. 2005/1975, S.I. 2005/2929 (W.214) (in relation to Wales), S.S.I. 2005/344 (in relation to Scotland) and S.I. 2007/698.

[^f00006]: i.e. the 1988 Act in accordance with the definition of “Traffic Act” in regulation 3 of the 1999 Regulations. Part 4 of the 1988 Act, including sections 117 and 118, was substituted by the 1989 Act, section 2 and schedule 2. Section 118(4) was further amended by the 1990 Regulations, regulation 2 and Schedule 3, paragraph 2. Section 117A was inserted by the 1996 Regulations, regulation 2 and Schedule 1, paragraph 26; subsection (2) was amended by the 2006 Act, section 40 and subsection (3) was amended by the 1998 Regulations, regulation 12, and further amended by the 2006 Act, section 40.

[^f00007]: Section 93(1)(b) was amended by the 1996 Regulations, regulation 2 and Schedule 1, paragraph 4.

[^f00008]: Section 99C was inserted by the 1996 Regulations, regulation 2 and Schedule 1, paragraph 11.

[^f00009]: Section 93(2) was amended by the 1990 Regulations, regulation 2 and Schedule 1, paragraph 2.

[^f00010]: As read with section 97(7ZA) and (7A). Subsections (7) and (7A) were substituted by the 1998 Regulations, regulation 8, and subsection (7) was further amended by the 2006 Act, sections 40 and 59 and Schedule 7. Subsection (7ZA) was inserted by the 2006 Act, section 40.

[^f00011]: i.e. the Road Traffic Offenders Act 1988 (c.53) in accordance with the definition of “Offenders Act” in regulation 3 of the 1999 Regulations. Section 34 was amended by the Aggravated Vehicle-Taking Act 1992 (c.11), section 3; by the 1991 Act, section 29; by the Powers of Criminal Courts (Sentencing) Act 2000 (c.6) (in these footnotes the “2000 Act”), section 165 and Schedule 9, paragraph 121; by the 2006 Act, section 25; and by the Police Reform Act 2002 (c.30), sections 56 and 107 and Schedule 8. Section 35 was amended by the 1991 Act, section 48 and Schedule 4, paragraph 95; and by the 2000 Act, section 165 and Schedule 9, paragraph 122.

[^f00012]: Section 94(4) was amended by the 1989 Act, section 5. The prescribed circumstances are found in regulation 74 (high risk offenders) of the 1999 Regulations.

[^f00013]: Section 34A was inserted by the 1991 Act, section 30.

[^f00014]: Section 36 was substituted by the 1991 Act, section 32; and further amended by the 1996 Regulations, regulation 3, Schedule 2, paragraph 3, and by the Deregulation (Exchangeable Driving Licences) Order 1998 (S.I. 1998/1917), article 3.

[^f00015]: 1991 c.48. Section 39A was inserted by section 16 of the Child Support, Pensions and Social Security Act 2000 (c.19).

[^f00016]: 1997 c.43. Section 40 was amended by the 2000 Act, section 165 and Schedule 9, paragraph 185; and by the Proceeds of Crime Act 2002 (c.29), section 456 and Schedule 11, paragraphs 1 and 32.

[^f00017]: 2000 c.6. Section 146 was amended by the Criminal Justice Act 2003 (c.44), section 304 and Schedule 32, Part 1, paragraphs 90 and 120; by the Violent Crime Reduction Act 2006 (c.38), section 49, Schedule 1, paragraph 6; and by the 2003 Act, section 91, Schedule 5, paragraphs 72 and 73, and Schedule 6. Section 147 was amended by the 2003 Act, section 91, Schedule 5, paragraphs 72 and 74, and Schedule 6.

[^f00018]: OJ No L 237, 21.9.2000, p 45.

[^f00019]: OJ No L 237, 24.8.91, p1.

Editorial notes

[^c19135561]: 1988 c.52 (in these footnotes the “1988 Act”); see section 108(1) for the definition of “prescribed” and “regulations”. Section 89(3) was amended by the Road Traffic Act 1991 (c.40) (in these footnotes the “1991 Act”), Schedule 4, paragraph 63; and by the Road Safety Act 2006 (c.49) (in these footnotes the “2006 Act”), section 36. Section 89(4) was amended by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c.22) (in these footnotes the “1989 Act”), section 7 and Schedule 3, paragraph 8; by the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974) (in these footnotes the “1996 Regulations”), regulation 2 and Schedule 1, paragraph 2; and by the 2006 Act, section 36; Section 89(5) was amended by the 2006 Act, section 36. Section 97(1) was amended by the 1989 Act, 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 1996 Regulations, regulation 2 and Schedule 1, paragraph 6; and by the Crime (International Co-operation) Act 2003 (c.32 ) (in these footnotes the “2003 Act”), sections 78 and 91 and Schedule 5, paragraphs 17 and 21. Section 105(2) was amended by the 1989 Act, section 7 and Schedule 3, paragraph 14; by the Driving Licences (Community Driving Licence) Regulations 1990 (S.I. 1990/144) (in these footnotes the “1990 Regulations”), regulation 2 and Schedule 1, paragraph 6; by the 1991 Act, section 83 and schedule 8; by the 1996 Regulations, regulation 2 and Schedule 1, paragraph 17; by the Driving Licences (Community Driving Licence) Regulations 1998 (S.I. 1998/1420) (in these footnotes the “1998 Regulations”), regulations 2, 10 and 17 and the Schedule; and by the 2003 Act, section 91 and Schedule 5, paragraphs 17 and 23. Section 105(4) was amended by the 1998 Regulations, regulations 2 and 10.

[^c19135571]: S.I. 1988/643; relevant amending instruments are S.I. 1995/1684 and S.I. 1996/1961.

[^c19135581]: S.I. 2003/2994.

[^c19135591]: As required by section 105(4) of the 1988 Act.

[^c19135601]: S.I. 1999/2864 (in these footnotes the “1999 Regulations”); relevant amending instruments are S.I. 2000/3157, S.I. 2002/2641, S.I. 2003/2003, S.I. 2004/265, S.I. 2004/3028, S.I. 2004/3168, S.I. 2005/1975, S.I. 2005/2929 (W.214) (in relation to Wales), S.S.I. 2005/344 (in relation to Scotland) and S.I. 2007/698.

[^c19135611]: i.e. the 1988 Act in accordance with the definition of “Traffic Act” in regulation 3 of the 1999 Regulations. Part 4 of the 1988 Act, including sections 117 and 118, was substituted by the 1989 Act, section 2 and schedule 2. Section 118(4) was further amended by the 1990 Regulations, regulation 2 and Schedule 3, paragraph 2. Section 117A was inserted by the 1996 Regulations, regulation 2 and Schedule 1, paragraph 26; subsection (2) was amended by the 2006 Act, section 40 and subsection (3) was amended by the 1998 Regulations, regulation 12, and further amended by the 2006 Act, section 40.

[^c19135621]: Section 93(1)(b) was amended by the 1996 Regulations, regulation 2 and Schedule 1, paragraph 4.

[^c19135631]: Section 99C was inserted by the 1996 Regulations, regulation 2 and Schedule 1, paragraph 11.

[^c19135641]: Section 93(2) was amended by the 1990 Regulations, regulation 2 and Schedule 1, paragraph 2.

[^c19135651]: As read with section 97(7ZA) and (7A). Subsections (7) and (7A) were substituted by the 1998 Regulations, regulation 8, and subsection (7) was further amended by the 2006 Act, sections 40 and 59 and Schedule 7. Subsection (7ZA) was inserted by the 2006 Act, section 40.

[^c19135661]: i.e. the Road Traffic Offenders Act 1988 (c.53) in accordance with the definition of “Offenders Act” in regulation 3 of the 1999 Regulations. Section 34 was amended by the Aggravated Vehicle-Taking Act 1992 (c.11), section 3; by the 1991 Act, section 29; by the Powers of Criminal Courts (Sentencing) Act 2000 (c.6) (in these footnotes the “2000 Act”), section 165 and Schedule 9, paragraph 121; by the 2006 Act, section 25; and by the Police Reform Act 2002 (c.30), sections 56 and 107 and Schedule 8. Section 35 was amended by the 1991 Act, section 48 and Schedule 4, paragraph 95; and by the 2000 Act, section 165 and Schedule 9, paragraph 122.

[^c19135671]: Section 94(4) was amended by the 1989 Act, section 5. The prescribed circumstances are found in regulation 74 (high risk offenders) of the 1999 Regulations.

[^c19135681]: Section 34A was inserted by the 1991 Act, section 30.

[^c19135691]: Section 36 was substituted by the 1991 Act, section 32; and further amended by the 1996 Regulations, regulation 3, Schedule 2, paragraph 3, and by the Deregulation (Exchangeable Driving Licences) Order 1998 (S.I. 1998/1917), article 3.

[^c19135701]: 1991 c.48. Section 39A was inserted by section 16 of the Child Support, Pensions and Social Security Act 2000 (c.19).

[^c19135711]: 1997 c.43. Section 40 was amended by the 2000 Act, section 165 and Schedule 9, paragraph 185; and by the Proceeds of Crime Act 2002 (c.29), section 456 and Schedule 11, paragraphs 1 and 32.

[^c19135721]: 2000 c.6. Section 146 was amended by the Criminal Justice Act 2003 (c.44), section 304 and Schedule 32, Part 1, paragraphs 90 and 120; by the Violent Crime Reduction Act 2006 (c.38), section 49, Schedule 1, paragraph 6; and by the 2003 Act, section 91, Schedule 5, paragraphs 72 and 73, and Schedule 6. Section 147 was amended by the 2003 Act, section 91, Schedule 5, paragraphs 72 and 74, and Schedule 6.

[^c19135731]: OJ No L 237, 21.9.2000, p 45.

[^c19135741]: OJ No L 237, 24.8.91, p1.