The Motor Vehicles (Driving Licences) (Amendment)(No. 4) Regulations 2003

Citation, commencement and interpretation

1.  —

(1) These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2003 and shall come into force—

(a) as to all regulations except regulation 5, on 1st September 2003, and

(b) as to regulation 5, on 1st October 2003.

(2) In these Regulations “the principal Regulations” means the Motor Vehicles (Driving Licences) Regulations 1999(1).

Amendment of regulation 23 of the principal Regulations (persons by whom theory tests may be conducted)

2.  For regulation 23(1)(d)(2) of the principal Regulations substitute—

“(d) In England and Wales, a person appointed by the chief officer of any fire brigade maintained in pursuance of the Fire Services Act 1947(3) or, in Scotland, by the firemaster of such a brigade, for the purpose of testing members of any fire brigade maintained in pursuance of that Act.”.

Amendment of regulation 24 of the principal Regulations (persons by whom practical and unitary tests may be conducted) and consequential amendments to regulations 35 and 48 of the principal Regulations

3.  —

(1) Regulation 24(4) of the principal Regulations is amended in accordance with paragraphs (2) to (4) as follows.

(2) For paragraph (1)(c) substitute—

“(c) In England and Wales, a person appointed by the chief officer of any fire brigade maintained in pursuance of the Fire Services Act 1947(5) or, in Scotland, by the firemaster of such a brigade, for the purpose of testing members of any fire brigade maintained in pursuance of that Act.”.

(3) Omit paragraph (1)(e).

(4) In each of paragraphs (3) and (5) for “(b), (c), (d), (e) or (f)” substitute “(b), (c), (d) or (f)”.

(5) In regulation 35(1) of the principal Regulations for “24(1)(b), (c), (d), (e) or (f) or (2)(b)” substitute “24(1)(b), (c), (d) or (f) or (2)(b)”.

(6) In regulation 48(3)(6) of the principal Regulations for “(b), (c), (d), (e), or (f)” substitute “(b), (c), (d) or (f)”.

Amendment of regulation 30 of the principal Regulations (fees for theory tests)

4.  For regulation 30(1)(7) of the principal Regulations substitute—

“(1) The fee payable for a theory test to be conducted by an appointed person in respect of any category of motor vehicle is £20.50 and is payable to the Secretary of State.”.

Amendment of regulation 37 of the principal Regulations (test vehicles)

5.  —

(1) Subject to paragraph (6), regulation 37 of the principal Regulations is amended as follows.

(2) For paragraph (1) substitute—

“(1) Subject to paragraph (3), the prescribed practical or unitary test for a licence authorising the driving of vehicles included in a category shown in column (1) of the Table at the end of this regulation must be conducted in a vehicle having a power, mass, size or other specification, equivalent to or (except in the case of a test prescribed in respect of category F, G, H, K or P) greater than that shown, and conforming to such description as may be set out, in relation to that category in column (2) of the Table.”.

(3) For paragraph (2) substitute—

“(2) Subject to paragraph (3), the prescribed practical test for a licence authorising the driving of vehicles included in a sub-category shown in column (1) of the Table at the end of this regulation must be conducted in a vehicle having a power, mass, size or other specification, equivalent to or greater than that shown, and conforming to such description as may be set out, in relation to that sub-category in column (2) of the Table.”.

(4) Insert after regulation 37(10)—

“(10A) A person submitting himself for a practical test prescribed in respect of category C, C+E, D, or D+E shall provide a motor vehicle which is fitted with an anti-lock braking system and a tachograph.

(10B) A person submitting himself for a practical test prescribed in respect of category C or C+E shall provide a motor vehicle which has at least eight forward ratios.”.

(5) For the table at the end of regulation 37 of the principal Regulations substitute the following table—

(1) Category or sub-category	(2) Specification or description
A, in the case of a test for a licence authorising the driving of large motor bicycles	A motor bicycle without a side car, capable of an unassisted speed of 100 kilometres per hour on the level, and having an engine with a maximum net power output of at least 35 kilowatts.
A, in the case of any other test	A learner motor bicycle without a sidecar, capable of an unassisted speed of 100 kilometres per hour on the level, and having an engine with a cylinder capacity of at least 121 cubic centimetres.
A1	A learner motor bicycle without a sidecar having an engine with a cylinder capacity of at least 75 cubic centimetres.
B	Any four-wheeled vehicle in category B capable of an unassisted speed of 100 kilometres per hour on the level.
B1	Any vehicle in sub-category B1 capable of an unassisted speed of 60 kilometres per hour on the level.
B+E	A combination of a minimum test vehicle for category B and a trailer having a maximum authorised mass of 1,000 kilograms, which combination is capable of an unassisted speed of 100 kilometres per hour on the level. The cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the tractor vehicle. The closed box body may be narrower than the tractor vehicle provided that the driver’s view to the rear of the trailer is only made possible by the use of the external rear-view mirrors of the tractor vehicle.
C1	Any vehicle in sub-category C1 having a maximum authorised mass of 4,000 kilograms, a length of at least 5 metres, and capable of an unassisted speed of 80 kilometres per hour on the level. The cargo compartment of the vehicle shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the cab.
C1+E	A combination of a minimum test vehicle for sub-category C1 and a trailer with a maximum authorised mass of 2,000 kilograms, which combination is at least 8 metres long and capable of an unassisted speed of 80 kilometres per hour on the level. The combination must have a maximum authorised mass of 4,000 kilograms. The cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the tractor vehicle. The closed box body may be narrower than the tractor vehicle provided that the driver’s view to the rear of the trailer is only made possible by the use of the external rear-view mirrors of the tractor vehicle.
D1	Any vehicle in sub-category D1 having a maximum authorised mass of 4,000 kilograms, a length of at least 5 metres, which is capable of an unassisted speed of 80 kilometres per hour on the level.
D1+E	A combination of a minimum test vehicle for sub-category D1 and a trailer having a maximum authorised mass of 1,250 kilograms which is capable of an unassisted speed of 80 kilometres per hour on the level. The cargo compartment of the trailer shall consist of a closed box body which is at least 2 metres wide and at least 2 metres high.
C	Any vehicle in category C, other than an articulated goods vehicle, having a maximum authorised mass of 12,000 kilograms, a length of at least 8 metres and a width of at least 2.4 metres, which is capable of an unassisted speed of 80 kilometres per hour on the level. The cargo compartment of the vehicle shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the cab.
C+E	Either—
	(a) an articulated goods vehicle combination having a maximum authorised mass of 20,000 kilograms, a length of at least 14 metres and a width of at least 2.4 metres, and which is capable of an unassisted speed of 80 kilometres per hour on the level, or
	(b) a combination of a minimum test vehicle for category C and a trailer having a length of at least 7.5 metres (each having a width of at least 2.4 metres), a maximum authorised mass of 4,000 kilograms, and which has, in aggregate, a maximum authorised mass of 20,000 kilograms and an overall length of 14 metres and which is capable of an unassisted speed of 80 kilometres per hour on the level.
	The cargo compartment of the articulated goods vehicle combination or the trailer (as the case may be) shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the cab or tractor vehicle.
D	Any vehicle in category D having a length of at least 10 metres, a width of at least 2.4 metres, and capable of an unassisted speed of 80 kilometres per hour on the level.
D+E	A combination of a minimum test vehicle for category D and a trailer of a width of at least 2.4 metres having a maximum authorised mass of 1,250 kilograms, which combination is capable of an unassisted speed of 80 kilometres per hour on the level. The cargo compartment of the trailer shall consist of a closed box body which is at least 2 metres wide and at least 2 metres high.
F	Any vehicle in category F.
G	Any vehicle in category G.
H	Any vehicle in category H.
K	Any vehicle in category K.
P	Any vehicle in category P.

(6) Paragraphs (1) to (5) of this regulation shall not apply in respect of a practical or unitary test conducted in a vehicle which was first used, whether or not as a test vehicle, on a road before 1st October 2003, and regulation 37 of the principal Regulations, as it had effect immediately before 1st October 2003, shall accordingly continue to apply in respect of such tests.

Amendment of regulation 47 of the principal Regulations (evidence of results of theory test)

6.  In regulation 47(8)(8) of the principal Regulations for “£7.50” substitute “£10”.

Amendment of Schedule 8 to the principal Regulations (specified requirements for practical or unitary test) concerning vehicle safety checks and vehicle manoeuvres

7.  For Schedule 8(9) to the principal Regulations substitute the Schedule set out in the Schedule to these Regulations.

Signed by the authority of the Secretary of State for Transport

David Jamieson

Parliamentary Under Secretary of State

Department for Transport

4th August 2003

We approve the making of these Regulations

Jim Murphy

Joan Ryan

Two of the Lords Commissioners of Her Majesty’s Treasury

11th August 2003