The Motor Vehicles (Driving Licences) (Amendment) Regulations (Northern Ireland) 2007

Statutory Rules of Northern Ireland

2007 No. 111

Road traffic and vehicles

The Motor Vehicles (Driving Licences) (Amendment) Regulations (Northern Ireland) 2007

Made

20th February 2007

Coming into operation

2nd April 2007

The Department of the Environment makes the following Regulations in exercise of the powers conferred on it by Articles 5(3), (4) and (5), 19C(1) and 218(1) of the Road Traffic (Northern Ireland) Order 1981(1).

In accordance with Article 19C(3) of that Order the Department of Finance and Personnel(2) has approved regulations 2 and 4.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations (Northern Ireland) 2007 and shall come into operation on 2nd April 2007.

(2) In these Regulations “the principal Regulations” means the Motor Vehicles (Driving Licences) Regulations 1996(3).

Amendment to regulation 24 (fees for theory tests)

2.  For regulation 24 of the principal Regulations substitute—

“24.   The fee payable for a theory test to be conducted by an appointed person for a motor vehicle of a class included in a category or sub-category specified in column (1) of the Table in Schedule 4A is the fee specified in relation to that category or sub-category in column (2).”.

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

3.  For paragraph (6A) of regulation 29 of the principal Regulations substitute—

“(6A) The test of driving theory shall—

(a) be conducted as an approved form of examination consisting of —

(i) 35 questions in the case of a motor vehicle included in category A, B or P; and

(ii) 60 questions in the case of a motor vehicle included in category C or D,

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 time

(i) in the case of a motor vehicle included in category A, B or P, 40 minutes, or in the circumstances specified in paragraph (7), 80 minutes; and

(ii) in the case of a motor vehicle included in category C or D, 70 minutes, or in the circumstances specified in paragraph (7), 140 minutes.”.

New Schedule 4A (fees for theory tests)

4.  After Schedule 4 to the principal Regulations insert—

Regulation 24

“SCHEDULE 4A FEES FOR THEORY TESTS

Column (1) Category or sub-category of vehicle	Column (2) Fee
1. A, A1 and P	£20.50
2. B and B1 (other than invalid carriages)	£20.50
3. C and C1	£32.00
4. D and D1	£32.00”

Sealed with the Official Seal of the Department of the Environment on 20th February 2007.

Stanley Duncan

A senior officer of the Department of the Environment

Sealed with the Official Seal of the Department of Finance and Personnel on 20th February 2007.

Mary McIvor

A senior officer of the Department of Finance and Personnel

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996 and implement in part Articles 1 and 6 and Annex I of Commission Directive 2003/59/EC of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation EEC No. 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC.

The number of theory test questions in respect of category C (Lorries) and category D (Buses) has been increased from 35 to 60. The duration of the theory test in respect of vehicle categories C and D has also been increased from 40 minutes to 70 minutes. In the case of a theory test in respect of categories C and D where the candidate because of reading difficulties requires the help of a suitably qualified person the time allowed has been increased from 70 minutes to 140 minutes.

The situation remains unchanged in relation to the theory test in respect of categories A (motorcycles), B (cars) and P (mopeds).

A new Schedule, Schedule 4A (theory test fees) has been introduced. This Schedule sets out the fees for the theory test by vehicle category. The fees for theory tests in respect of vehicle categories C and D have been increased from £20.50 to £32.00. The fees for theory tests in respect of categories A, B and P remain unchanged at £20.50.

Copies of the above-noted Directives may be obtained from TSO, 16 Arthur Street, Belfast BT1 4GD.

(1)

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

(2)

Formerly the Department of Finance; see S.I. 1982/338 (N.I. 6), Article 3

(3)

S.R. 1996 No. 542; relevant amending Regulations are S.R. 1997 No. 383 and S.R. 2002 No. 383