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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996 (the “principal Regulations”) and implement in part Article 1(2) and Annex II of Commission Directive 2000/56/EC of 14th September 2000 amending Council Directive 91/439/EEC on driving licences.

These Regulations introduce a special manoeuvres test for those wishing to acquire a licence to drive vehicles in licence categories A (motorcycles) and P (mopeds). The special manoeuvres test must be passed after successfully completing the theory test and before applying for the motorcycle practical driving test.

Regulation 2 inserts a definition of the special manoeuvres test into regulation 2(1) (interpretation) of the principal Regulations and amends the definition of a practical test and theory test.

Regulation 3 amends regulation 21 (applications for practical and unitary tests) by inserting reference to the special manoeuvres test.

Regulation 4 amends regulation 22 (fees in respect of tests) of the principal Regulations by specifying an additional fee for the special manoeuvres test in Schedule 4 (fees).

Regulation 5 amends regulation 25 (cancellation of tests) by inserting reference to the special manoeuvres test.

Regulation 6 amends regulation 27 (further requirements at tests) so that a person submitting himself for a practical test to be conducted on the public road for category A and P vehicles must, before the test commences, present a valid pass certificate showing that he has passed the special manoeuvres test.

Regulation 7 amends regulation 28 (examiner’s right to refuse to conduct test) of the principal Regulations to extend the examiner’s right to refuse to conduct a test to include the special manoeuvres test.

Regulation 8 amends regulation 29 (nature of tests other than extended tests) of the principal Regulations so as to prescribe that the test for a licence to drive a category A and P motor vehicle shall be conducted in three parts; a test of driving theory and hazard perception, a special manoeuvres test and a practical test.

Regulation 9 amends regulation 30 (order of test) of the principal Regulations to include reference to the special manoeuvres test. A person must pass the test of driving theory before applying for the special manoeuvres test and may not apply for the practical test until he has passed the special manoeuvres test.

Regulation 10 inserts a new regulation 37A (evidence of the result of special manoeuvres test) into the principal Regulations. This makes provision for the evidencing of the result of a special manoeuvres test. Candidates successfully sitting a special manoeuvres test are issued with a pass certificate the form and content of which is specified in Part 1A of Schedule 10. The regulation also provides that the pass certificate for the special manoeuvres test is valid for two years from the date of issue.

Regulation 11 (and the Schedules referred to therein) amend certain of the Schedules in the principal Regulations. It substitutes a new two-part fees table in Schedule 4 (fees for tests) to the principal Regulations to provide for the charging of fees for practical tests and separate fees for special manoeuvres tests. It inserts a new Schedule 7A in the principal Regulations in relation to the specified requirements for special manoeuvres tests. It also substitutes Schedule 10 to the principal Regulations so as to prescribe the form and content of the pass certificates and the statement of failure issued to candidates who sit the special manoeuvres test or the practical test.

Copies of the EC Directives referred to in this Note can be obtained from TSO, 16 Arthur Street, Belfast BT1 4GD.