Statutory Instrument 1997 No. 669

      The Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 1997


      © Crown Copyright 1997

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STATUTORY INSTRUMENTS

1997 No. 669

ROAD TRAFFIC

The Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 1997

  Made 6th March 1997 
  Laid before Parliament 10th March 1997 
  Coming into force 1st April 1997 

The Secretary of State for Transport, in exercise of the powers conferred by the following provisions of the Road Traffic Act 1988[1], namely sections 88(5) and (6)[2], 89(2A), (3), (4), (5), (5A), (6), (7) and (9)[3], 89A(3)[4], 92(2)[5], 94(4) and (5)[6], 97(1), (3), (3A) and (3B)[7], 98(2) and (4)[8], 99A(5) and (6)[9], 101(2) and (3), 105[10], 108(1)[11], 114(1)[12], (2) and (6), 121[13] and 192(1)[14] after consulting with representative organisations in accordance with section 195(2) of that Act and, in the case of regulations 16(3), 29 and 51 and Schedule 2, with the approval of the Treasury[15], hereby makes the following Regulations - 

     1 . These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 1997 and shall come into force on 1st April 1997.

    
2 . The Motor Vehicles (Driving Licences) (Heavy Goods and Public Service Vehicles) Regulations 1990[16] are hereby revoked.

     3 . The Motor Vehicles (Driving Licences) Regulations 1996[17] shall be amended in accordance with the following regulations.

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

    (2) In paragraph (1) - 

    (a) before the definition of "appropriate driving test", there shall be inserted - 

      " "ambulance" means a motor vehicle which - 

      (a) is constructed or adapted for, and used for no other purpose than, the carriage of sick, injured or disabled people to or from welfare centres or places where medical or dental treatment is given, and

      (b) is readily identifiable as such a vehicle by being marked "Ambulance" on both sides;";

    (b) in the definition of "mobile project vehicle", the words "for children" shall be omitted;

    (c) for the definition of "power to weight ratio" there shall be substituted - 

      " "power to weight ratio", in relation to a motor bicycle, means the ratio of the maximum net power output of the engine of the vehicle to its weight (including the weight of any side-car) with - 

      (a) a full supply of fuel in the tank,

      (b) an adequate supply of other liquids needed for its propulsion, and

      (c) no load other than its normal equipment, including loose tools;".

    (3) For paragraph (2)(a) there shall be substituted - 

        " (ii) surrendered to the Secretary of State or is revoked otherwise than by notice under section 93(1) or (2) of the Traffic Act (revocation because of disability or prospective disability), or".

     5 . In regulation 4(1) (Licence groups), for "regulation 5" there shall be substituted "regulations 5 and 71A".

    
6 . In regulation 5 - 

     7 . For regulation 6 there shall be substituted the provisions set out in Schedule 1 to these Regulations.

    
8 .  - (1) Regulation 7 (Minimum ages for holding or obtaining licences) shall be amended as follows.

    (2) For paragraph (2)(a) there shall be substituted - 

    (3) For paragraph (4) there shall be substituted - 

    (4) In paragraph (6), at the end, there shall be inserted - 

      " and which is owned or operated by - 

      (a) a health service body (as defined in section 60(7) of the National Health Service and Community Care Act 1990[19]), or

      (b) a National Health Service Trust established under Part I of that Act or under the National Health Service (Scotland) Act 1978[20]."

    (5) For paragraph (8) there shall be substituted - 

        " (8) In item 7, the age of 18 is substituted for the age of 21 in the case of a person who is registered as an employee of a registered employer in accordance with the Training Scheme, where he is driving a vehicle which is - 

      (a) of a class to which his training agreement applies, and

      (b) owned or operated by his employer or by a registered LGV driver training establishment.".

    (5) For paragraph (11)(b) there shall be substituted - 

      " (b) for the purposes of paragraph (8), "registered", "training agreement" and "the Training Scheme" have the meanings respectively given in regulation 51;".

     9 . In regulation 10(3)(b) (Restrictions on the grant of large goods and passenger-carrying vehicle drivers' licences), for the words from "the number" to "exceeds three", there shall be substituted "at least one penalty point falls to be taken into account under section 29 of the Offenders Act".

    
10 .  - (1) Regulation 13(1) (Provisional licences: interpretation) shall be amended as follows.

    (2) In paragraph (1) - 

    (3) In paragraph (2), for the words "he shall have held the licence" there shall be substituted "he shall have been a relevant licence holder".

    
11 .  - (1) Regulation 15 (Conditions attached to provisional licences) shall be amended as follows.

    (2) In paragraph (2)(a), for "F, G or H" there shall be substituted "F, G, H or K".

    (3) In paragraph (7) - 

     12 .  - (1) Regulation 17 (Full licences not carrying provisional entitlement) shall be amended as follows.

    (2) For paragraphs (1) and (2) there shall be substituted - 

    (3) After paragraph (4), there shall be inserted - 

    (4) At the end of the Table there shall be inserted - 

"P A, B, F and K
".

     13 .  - (1) Regulation 21 (Persons by whom practical and unitary tests may be conducted) shall be amended as follows.

    (2) In paragraph (1) - 

    (3) In paragraph (3)(a), for the words "by that person or by the members of that class" there shall be substituted "by the applicant".

    
14 .  - (1) Regulation 22 (Persons by whom theory tests may be conducted) shall be amended as follows.

    (2) In paragraph (1) - 

    (3) In paragraph (2)(b), after "person", there shall be inserted "or class of persons".

    (4) In paragraph (3)(a), for the words "by that person or by the members of that class" there shall be substituted "by the applicant".

    (5) In paragraph (7) - 

     15 . In regulation 23(1)(a) (Revocation of authority to conduct tests), for "22(1)(a)" there shall be substituted "regulations 21(1)(a) and 22(1)(a)".

    
16 .  - (1) Regulation 27(1) (Fees in respect of practical or unitary tests) shall be amended as follows.

    (2) In paragraph (1), for the words "sub-paragraphs (b), (c), (d), (f) or (g) or under paragraph (2)(b) of regulation 21(1)" there shall be substituted "regulation 21(1)(b), (c), (d), (f) or (g) or (2)(b)".

    (3) In paragraph (6), for "£28.50", there shall be substituted "£31.00".

    
17 . In regulation 28(1)(c) (Applications for theory tests: applicants in person), the words "if any" shall be omitted.

    
18 .  - (1) Regulation 29 (Applications for theory tests: motor bicycle instructors) shall be amended as follows.

    (2) In paragraph (1)(c) the words "if any" shall be omitted.

    (3) In paragraph (2), for the words "practical or unitary" there shall be substituted "theory".

    
19 . In regulation 30(1)(c) (Applications for theory tests: large vehicle instructors), the words "if any" shall be omitted.

    
20 .  - (1) Regulation 33 (Vehicles suitable for test) shall be amended as follows.

    (2) For paragraph (1) there shall be substituted - 

    (3) In paragraph (2) - 

    (3) In paragraph (3)(d), after "D" there shall be inserted "or D+ E".

    (4) In the Table at the end, in column (1) after "B1", the words "in the case of any other test" shall be omitted.

    
21 .  - (1) Regulation 34 (Further requirements at tests) shall be amended as follows.

    (2) In paragraphs (2)(a)(ii) and (4)(b), for the words "in the case of a person who produces an appropriate licence which does not contain his photograph", there shall be substituted "except where he has produced a licence containing his photograph".

    (3) In paragraph (5), for "9(2)" there shall be substituted "9(1)".

    (4) In paragraph (7), for "A, G, H or P", in both places where they occur, there shall be substituted "A, G, H, K or P".

    (5) In paragraph (8), in the definition of "appropriate licence", - 

     22 .  - (1) Regulation 35 (Examiner's right to refuse to conduct test) shall be amended as follows.

    (2) For paragraph (2) there shall be substituted - 

    (3) For paragraph (4) there shall be substituted - 

     23 .  - (1) Regulation 36 (Nature of tests other than extended tests) shall be amended as follows.

    (2) In paragraph (7) - 

     24 . In regulation 37(2) (Nature of extended tests) - 

     25 .  - (1) Regulation 39 (Exemption from theory test) shall be amended as follows.

    (2) In paragraph (1), for sub-paragraphs (b) to (e) there shall be substituted - 

    (3) In paragraph (2), for sub-paragraphs (b) to (e) there shall be substituted - 

    (4) In paragraph (3), for sub-paragraphs (a) to (c) there shall be substituted - 

    (5) In paragraph (4), for sub-paragraphs (a) to (c) there shall be substituted - 

    (6) In paragraph (5), the words "the day following the date on which" shall be omitted.

    
26 .  - (1) Regulation 40 (Entitlement on passing a test other than an appropriate driving test) shall be amended as follows.

    (2) In paragraph (1) - 

    (3) Paragraphs (2)(b) and (3)(b) shall be omitted.

    (4) In paragraph (3)(a), after the words "it shall" there shall be inserted "(subject to paragraph (4))".

    (5) At the end, there shall be inserted - 

     27 .  - (1) Regulation 42 (Upgrading of entitlements) shall be amended as follows.

    (2) In paragraph (1), for the words "tests prescribed in respect of" there shall be substituted "tests for a licence authorising the driving of motor vehicles included in".

    (3) For paragraph (3) there shall be substituted - 

    (4) In paragraph (8), "B" shall be omitted.

    (5) For paragraph (9) there shall be substituted - 

     28 .  - (1) Regulation 43 (Entitlement on passing an appropriate driving test) shall be amended as follows.

    (2) In paragraph (1), for the words "prescribed in respect of" there shall be substituted "for a licence authorising the driving of".

    (3) Paragraphs (2)(b) and (3)(b) shall be omitted.

    (4) In paragraph (3)(a), after the words "the disqualification shall" there shall be inserted "(subject to paragraph (4A))".

    (5) After paragraph (4), there shall be inserted - 

    (6) In paragraph (5), after "B", there shall be inserted "(other than sub-category B1)".

    
29 . In regulation 45(5) (Practical test pass certificate forms), at the end, there shall be inserted "and, in the case of forms supplied to persons authorised under regulation 21(1)(f) or (g), the licensing authority may make a charge of £10.00 per form".

    
30 . In regulation 46(1) (Traffic Act Part III: prescribed classes of goods and passenger-carrying vehicle, for "89A(5)", there shall be substituted "89A(3)".

    
31 .  - (1) Regulation 47 (Traffic Act Part IV: prescribed classes of goods and passenger-carrying vehicle) shall be amended as follows.

    (2) For paragraph (2) there shall be substituted - 

    (3) In paragraph (3), after "117(7)", there shall be inserted "and 117A(6)".

    
32 .  - (1) Regulation 48 (Exempted goods and military vehicles) shall be amended as follows.

    (2) In paragraph (1) - 

    (3) In paragraph (3), for the definitions of "public road", "road construction vehicle" and "road construction machinery", there shall be substituted - 

     33 .  - (1) Regulation 51 (LGV drivers' licences issued to persons under 21) shall be amended as follows.

    (2) In paragraph (1) - 

    (3) In paragraph (3), after "C+ E" there shall be inserted "(other than vehicles included in sub-category C1+ E the maximum authorised mass of which does not exceed 7.5 tonnes)".

    (4) In paragraph (4), in the definition of "LGV trainee driver's licence", after "to a person" there shall be inserted "(other than a member of the armed forces of the Crown) who is".

    
34 .  - (1) Regulation 55 (Persons by whom approved training courses may be provided) shall be amended as follows.

    (2) In paragraph (1) - 

    (3) For paragraph (2) there shall be substituted - 

     35 .  - (1) Regulation 56 (Instructors) shall be amended as follows.

    (2) In paragraph (2) - 

    (3) For paragraph (3) there shall be substituted - 

    (4) Paragraph (8) shall be omitted.

    (5) In paragraph (9) - 

     36 .  - (1) In regulation 57(3) (Withdrawal of approval to provide training courses, etc) for the words from "receiving them" to the end of the paragraph there shall be substituted "receiving the certificate issued under regulation 56(6), return it to the licensing authority".

    
37 .  - (1) Regulation 58 (Cessation of conduct of training) shall be amended as follows.

    (2) In paragraph (1), for the words from "receiving them" to the end of the paragraph there shall be substituted "receiving the certificate issued under regulation 56(6), return it to the licensing authority".

    (3) In paragraph (2), after "regulation 56(6) and" there shall be inserted "(unless the licensing authority agrees otherwise)".

    
38 . In regulation 59(1) (Approved training courses conducted on large motor bicycles), for the words "on such a motor bicycle" there shall be substituted "on a motor bicycle other than a learner motor bicycle".

    
39 .  - (1) Regulation 60 (Certified direct access instructors) shall be amended as follows.

    (2) For paragraph (1) there shall be substituted - 

    (3) In paragraph (5), after "at any time" there shall be inserted "by notice in writing".

    (4) For paragraph (6)(a) there shall be substituted - 

    (5) In paragraph (8), at the end, there shall be inserted "as if the references therein to the issue of certificates and the giving or withdrawal of approval were references to the issue of certificates and the giving or withdrawal of approval under this regulation".

    
40 . In regulation 62(1)(b) (Ratio of trainees to instructors), after "conducted by a", there shall be inserted "certified".

    
41 .  - (1) Regulation 63 (Evidence of successful completion of training courses) shall be amended as follows.

    (2) In paragraph (1), for "a certified direct access instructor", there shall be substituted "the certified direct access instructor who conducted element (E) of the course".

    (3) For paragraph (2) there shall be substituted - 

     42 .  - (1) Regulation 64 (Exemptions from Part V) shall be amended as follows.

    (2) In paragraph (1), at the beginning, there shall be inserted "Subject to paragraph (1A),".

    (3) After paragraph (1) there shall be inserted - 

     43 . In regulation 65(1) (Licence groups), in the definition of "Group 2 licence", for "paragraph (2)" there shall be substituted "paragraphs (2) and (3)".

    
44 .  - (1) Regulation 68 (Disabilities prescribed in respect of Group 2 licences) shall be amended as follows.

    (2) In paragraph (4), after "There is prescribed" there shall be inserted "for the purposes of section 92(2) of the Traffic Act".

    (3) In paragraph (8), after "to be a" there shall be inserted "source of".

    
45 . In regulation 69(2) (High Risk Offenders), after "paragraph (1)(a)" there shall be inserted "and (b)".

    
46 . After regulation 71 there shall be inserted - 

     47 . In regulation 72 (Saving in respect of mobile project vehicles), for "regulation 6(7)" there shall be substituted "regulation 6(8)".

    
48 .  - (1) Regulation 74 (Persons who become resident in Great Britain shall be amended as follows.

    (2) In paragraph (1), after "small vehicle" there shall be inserted ", motor bicycle or moped".

    (3) After paragraph (1) there shall be inserted - 

    (4) In paragraph (2) - 

     49 .  - (1) Schedule 2 (Categories of vehicle) shall be amended as follows.

    (2) In column (2), at the end of the description of category A1, the words "but excluding any motor vehicle in category P" shall be omitted.

    (3) In column (2), in the description of category B, after "A, F" there shall be inserted ", K".

    (4) In column (2), in the description of category K, the words "excluding any vehicle in category B" shall be omitted.

    
50 .  - (1) Schedule 3 (Licence fees) shall be amended as follows.

    (2) In Part 1, after the expression "93(1) and 99C(1) or (3)" in each place where it occurs in paragraphs 3 and 4, there shall be inserted "of the Traffic Act".

    (3) In Part 2, in the definition of "short Group 2 licence", for "licence" there shall be substituted "Group 2 licence".

    
51 . For the provisions of Schedule 5 (Fees for tests), there shall be substituted the provisions set out in Schedule 2 to these Regulations.

    
52 . In Schedule 6, in the definition of "acceptable person", after "regulation 56(2)(a))", there shall be inserted "a commissioned officer in Her Majesty's Forces,".

    
53 .  - (1) Schedule 8 shall be amended as follows.

    (2) In Part 1, section D4, for "police, traffic wardens, etc" there shall be substituted "police and traffic controllers".

    (3) In Part 3, section B5, the words "(in the case of a test for a licence authorising the driving of vehicles in category C+ E only") shall be omitted.

    (4) In Part 4, section B5, the words "(in the case of a test for a licence authorising the driving of vehicles in category D+ E only)" shall be omitted.

    
54 . For Schedule 13 there shall be substituted the provisions set out in Schedule 3 to these Regulations.



Signed by authority of the Secretary of State for Transport

John Bowis
Parliamentary Under-Secretary of State, Department of Transport

5th March 1997


We approve the making of these Regulations

Patrick McLoughlin
Richard Ottaway
Two of the Lords Commissioners of Her Majesty's Treasury

6th March 1997



SCHEDULE 1
Regulation 7


PROVISIONS INSERTED IN SUBSTITUTION FOR REGULATION 6


"Competence to drive classes of vehicle
     6.  - (1) Where a person holds, or has held, a relevant full licence authorising him to drive vehicles of a class included in any category or, as the case may be, sub-category he is deemed competent to drive - 

    (a) vehicles of all classes included in that category or sub-category unless by that licence he is or was authorised to drive - 

      (i) only motor vehicles of a specified class within that category or sub-category, in which case he shall be deemed competent to drive only vehicles of that class, or

      (ii) 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 or sub-category as are so adapted (and for the purposes of this paragraph, a motor bicycle with a side-car may be treated in an appropriate case as a motor vehicle adapted on account of a disability),

    and

    (b) all classes of vehicle included in any other category or sub-category which is specified in column (3) of Schedule 2 as an additional category or sub-category in relation to that category or sub-category unless by that licence he is or was authorised to drive - 

      (i) only motor vehicles having automatic transmission, in which case he shall, subject to paragraph (2), be deemed competent to drive only such classes of motor vehicle included in the additional category or sub-category as have automatic transmission, or

      (ii) 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 or sub-category as are so adapted.

    (2) Where the additional category is F, K or P, paragraph (1)(b)(i) shall not apply.

    (3) A person who has held, for a period of at least two years, a relevant full licence authorising the driving of vehicles included in category C, other than vehicles included in sub-category C1, may also drive a motor vehicle of a class included in category D which is - 

    (a) damaged or defective and being driven to a place of repair or being road tested following repair, and

    (b) is not used for the carriage of any person who is not connected with its repair or road testing,

unless by that licence he is authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only such of the vehicles mentioned in sub-paragraphs (a) and (b) as have automatic transmission.

    (4) A person who holds a relevant full licence authorising the driving of vehicles included in category C, other than vehicles included in sub-category C1, may drive a dual purpose vehicle if - 

    (a) he is a member of the armed forces of the Crown, and

    (b) the vehicle is - 

      (i) adapted to carry not more than 24 persons in addition to the driver, and

      (ii) used to carry passengers for naval, military or air force purposes.

    (5) A person who holds a relevant full licence authorising the driving of vehicles included in category D, other than vehicles included in sub-category D1 or D1 (not for hire and reward), may drive a passenger-carrying vehicle recovery vehicle unless by that licence he is authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only passenger-carrying vehicle recovery vehicles having automatic transmission.

    (6) A person who holds a relevant full licence authorising the driving of vehicles included in category B, other than vehicles in sub-category B1 or B1 (invalid carriages), may drive an incomplete large vehicle unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only incomplete large vehicles having automatic transmission.

    (7) A person who holds a relevant full licence authorising the driving of vehicles included in category B, other than vehicles in sub-category B1 and B1 (invalid carriages), may drive - 

    (a) an exempted goods vehicle other than - 

      (i) a passenger-carrying vehicle recovery vehicle, or

      (ii) a mobile project vehicle,

    (b) an exempted military vehicle, and

    (c) a passenger-carrying vehicle in respect of which the conditions specified in regulation 47(2) or (2A) are satisfied,

unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only such of the vehicles mentioned in sub-paragraphs (a), (b) and (c) as have automatic transmission.

    (8) A person who - 

    (a) holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in sub-category B1 or B1 (invalid carriages),

    (b) has held that licence for an aggregate period of not less than 2 years, and

    (c) is aged 21 or over,

may drive a mobile project vehicle on behalf of a non-commercial body - 

    (9) A person who - 

    (a) holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in sub-category B1 or B1 (invalid carriages),

    (b) has held that licence for an aggregate period of not less than 2 years,

    (c) is aged 21 or over, and

    (d) receives no consideration for so doing, other than out-of pocket expenses,

may drive, on behalf of a non-commercial body for social purposes but not for hire or reward, a vehicle of a class included in sub-category D1 which has no trailer attached and has a maximum authorised mass - 

      (i) not exceeding 3.5 tonnes, excluding any part of that weight which is attributable to specialised equipment intended for the carriage of disabled passengers, and

      (ii) not exceeding 4.25 tonnes otherwise,

    unless such a person is by that licence authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only such vehicles in sub-category D1 as conform to the above specification and have automatic transmission.

    (10) A person who holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in sub-category B1 or B1 (invalid carriages), may drive a vehicle of a class included in category B+ E where - 

    (a) the trailer consists of a vehicle which is damaged or defective and is likely to represent a road safety hazard or obstruction to other road users,

    (b) the vehicle is driven only so far as is reasonably necessary in the circumstances to remove the hazard or obstruction, and

    (c) he receives no consideration for driving the vehicle,

unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive, in the circumstances mentioned above, only vehicles included in category B+ E having automatic transmission.

    (11) In this Regulation, "relevant full licence" means a full licence granted under Part III of the Traffic Act, a Northern Ireland licence corresponding to such a licence or a Community licence.".



SCHEDULE 2
Regulation 51


PROVISIONS INSERTED IN SUBSTITUTION FOR SCHEDULE 5



"FEES FOR TESTS

(1) Category or sub-category of vehicle (2) Test, other than an extended driving test, commencing: (3) Extended driving test commencing:
  (a) During normal hours (b) Out of hours (a) During normal hours (b) Out of hours
1. A1, A and P £38.00 £50.00 £76.00 £100.00
2. B1, B, F, G, H and K £31.00 £41.00 £62.00 £82.00
4. B1 (invalid carriages) No fee No fee No fee No fee
3. B+ E, C1, C1+ E, D1, D1+ E, C, C+ E, D and D+ E £65.00 £83.00  -   - 
"



SCHEDULE 3
Regulation 54


PROVISIONS INSERTED IN SUBSTITUTION FOR SCHEDULE 13


(A) Introduction
     1. Trainees must be told and must understand: - 

     -  the aims of the approved training course;

     -  the importance of having the right equipment and clothing.

     2. Trainees' eyesight must be tested. Trainees must be able to read, in good daylight, a vehicle registration mark containing letters and figures 79.4mm high at a distance of 20.5 metres (with the aid of glasses or contact lenses if worn).

(B) Practical on site training
Trainees must receive practical on site training at the conclusion of which they must fulfil the following requirements, that is to say they must: - 

     -  be familiar with the motor cycle, its controls and how it works;

     -  be able to carry out basic machine checks to a satisfactory standard and be able to take the bike on and off the stand satisfactorily;

     -  be able to wheel the machine around to the left and right showing proper balance and bring the motorcycle to a controlled halt by braking;

     -  be able to start and stop the engine satisfactorily.

(C) Practical on site riding
Trainees must undertake practical on site riding at the conclusion of which they must be able to: - 

     -  ride the machine under control in a straight line and bring the machine to a controlled halt;

     -  ride the machine round a figure of eight circuit under control;

     -  ride the machine slowly under control;

     -  carry out a U-turn manoeuvre satisfactorily;

     -  bring the machine to a stop under full control as in an emergency;

     -  carry out controlled braking using both brakes;

     -  change gear satisfactorily;

     -  carry out rear observation correctly;

     -  carry out simulated left and right hand turns correctly using the Observation-Signal-Manoeuvre (OSM) and Position-Speed-Look (PSL) routines.

(D) Practical on road training
     1. Before undertaking practical on road riding trainees must be instructed in the matters set out in paragraphs 2 and 3 below and achieve the objectives mentioned therein.

     2. Trainees must understand the following: - 

     -  the need to be clearly visible to other road users (the use of conspicuity aids);

     -  the importance of knowing the legal requirements for riding on the road;

     -  why motor cyclists are more vulnerable than most road users;

     -  the need to drive at the correct speed according to the road and traffic conditions;

     -  the importance of knowing the Highway Code;

     -  the need to ride defensively and anticipate the actions of other road users;

     -  the need to use rear observation at appropriate times;

     -  the need to assume the correct road position when riding;

     -  the need to leave sufficient space when following another vehicle;

     -  the need to pay due regard to the effect of varying weather conditions when riding.

     3. Trainees must be aware of: - 

     -  the effect on a vehicle of the various types of road surface that can be encountered;

     -  the dangers of drug and alcohol use;

     -  the consequences of aggressive attitudes when driving;

     -  the importance of hazard perception.

(E) Practical on road riding
     1. Trainees must undertake on road riding for a period of not less than 2 hours. They must (subject to paragraph 2 below) encounter all the following traffic situations and demonstrate their ability to handle each one competently and safely: - 

     -  roundabouts

     -  junctions

     -  pedestrian crossings

     -  traffic lights

     -  gradients

     -  bends

     -  obstructions.

     2. Upon application being made by an approved training body for the purpose, the licensing authority may excuse that body from compliance with a requirement mentioned in paragraph 1 above in respect of practical on-road instruction conducted from premises where the training body provides courses if, having regard to the location of those premises, he is satisfied that it is impractical to comply with that requirement.

     3. Trainees must also repeat the following exercises in normal road conditions: - 

     -  carry out a U-turn manoeuvre satisfactorily;

     -  bring the machine to a stop under full control as in an emergency.



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations further amend the Motor Vehicles (Driving Licences) Regulations 1996 (S.I. 1996/2824) ("the principal regulations") by - 

    (a) extending to holders of Community licences the right to drive, in specified circumstances, certain types of larger vehicle in respect of which they have not passed a test (regulation 7 and Schedule 1);

    (b) extending to resident holders of Community licences who hold counterpart licences the right to drive certain categories of vehicle as provisional licence holders (regulations 12(1) and (3) and 21(5));

    (c) providing for the theory test to be conducted either as a written test or using computer technology (regulation 23);

    (d) imposing a new charge of £10 for each form of pass certificate for a practical or unitary driving test supplied to bus operators and other companies which are authorised to conduct tests of their own drivers (regulation 29);

    (e) introducing a requirement that anyone applying to the Secretary of State for approval as a provider of approved training courses for motor cyclists ("CBT courses") must be a fit and proper person to conduct those courses (regulation 34);

    (f) requiring a person who has successfully undertaken a CBT course to retake it if he is disqualified by a court until he passes a driving test (regulation 41);

    (g) removing the exemption from the requirement to undertake a CBT course enjoyed by a person who has passed a moped test since 1st December 1990 if he is disqualified by a court until he passes a driving test (regulation 42);

    (h) introducing a revised syllabus for CBT courses (regulation 54 and Schedule 13);

    (i) increasing the fees for practical and unitary driving tests (as specified below) and for the London taxi drivers' test (from £28.50 to £31) (regulation 51 and Schedule 2);

    (j) modifying certain provisions of the principal regulations, in particular to clarify the status of a test prescribed in respect of a category of vehicle which is taken in a vehicle which is not prescribed as the minimum test vehicle for the entire category (in particular regulations 20, 26 and 27);

    (k) modifying certain provisions of the principal regulations

     -  where they fail to give effect to stated policy and practice, and

          -  to correct the drafting.

    (l) revoking regulations relating to heavy goods vehicle and public service vehicle licences which are now spent.

The fees payable in respect of tests from 1st April 1997 (with the percentage increase and the date of the last change shown in brackets) are: - 


ORDINARY TESTS

Type of Vehicle Tests commenced during normal hours Tests commenced during evenings and weekends
Motor cycles and mopeds £38 (5.5%, May 1995) £50 (5.3%, May 1995)
Cars, tractors and minor categories £31 (8.7%, May 1995) £41 (6.5%, May 1995)
Cars with trailers, goods vehicles and passenger-carrying vehicles £65 (4.8%, April 1994) £83 (3.8%, April 1994)


EXTENDED TESTS

Type of vehicle Test commenced during normal hours Test commenced at weekends
Cars £62 (8.8%, May 1995) £82 (5.8%, July 1993)
Motor cycles £76 (5.6%, May 1995) £100 (5.3%, July 1993)

Notes:

[1] 1988 c. 52. Relevant amendments are referred to where appropriate below. Amending statutes and instruments are referred to in the footnotes to these Regulations in the following manner:the 1989 Act means the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22),the 1990 Regulations means the Driving Licences (Community Driving Licence) Regulations 1990 (S.I. 1990/144), the 1991 Act means the Road Traffic Act 1991 (c. 40) andthe 1996 Regulations means the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974). back

[2] Subsection (6) was amended by the 1990 Regulations. back

[3] Subsection (2A) and (5A) were inserted by the 1989 Act, section 6; subsection (3) was amended by the 1991 Act, Schedule 4, paragraph 63; subsection (4) was amended by the 1989 Act, Schedule 3, paragraph 8 and the 1996 Regulations; subsections (7) and (9) were amended by the 1996 Regulations. Subsection (4)(b) is to be read with the Department of Transport (Fees) Order 1988 (S.I. 1988/643), as amended by S.I. 1991/811, 1993/1601, 1995/1684, and 1996/1929, the relevant entries being items 5, 5A and 6 in Schedule 1, Table III. back

[4] Section 89A was inserted by the 1989 Act, section 4(4). back

[5] Subsection (2) was amended by the 1996 Regulations. back

[6] Subsections (4) and (5) were amended by the 1989 Act, section 5(7) and (8). back

[7] Subsections (1) and (3) were amended by the 1989 Act, section 6(2) and the 1996 Regulations; subsections (3A) and (3B) were inserted by the 1989 Act, section 6(2) and subsection (3A) was amended by the 1996 Regulations; subsection (4) was amended by the 1996 Regulations. back

[8] Subsection (2) was amended by the 1989 Act section 5(10) and the 1990 Regulations; subsections (2) and (4) were amended by the 1989 Act, Schedule 3, paragraph 11. back

[9] Section 99A was inserted by the 1996 Regulations. back

[10] Subsection (2) was amended by the 1989 Act, Schedule 3, paragraph 14 and by the 1990 and 1996 Regulations. back

[11] See the definitions of prescribed and regulations. back

[12] Sections 114, 115, 116 and 117 to 122 (Part IV of the Act) were substituted by the 1989 Act, section 2(1) and Schedule 2. Section 114(1) was amended by the 1996 Regulations. Section 114(1) was amended by the 1996 Regulations. back

[13] See the definition of prescribed. back

[14] See the definition of prescribed. back

[15] See section 105(4) of the Road Traffic Act 1988. back

[16] S.I. 1990/2611. back

[17] S.I. 1996/2824. back

[18] 1992 c. 4. back

[19] 1990 c. 19. back

[20] 1978 c. 29. back

[21] 1994 c. 22. back



ISBN 0 11 064301 1


 

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