The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (Driving Licences) Regulations 1999 (the “1999 Regulations”). The Regulations come into force on 7^th July 2008, although the 1999 Regulations continue to apply in respect of theory tests booked before 7^th July 2008 or taken before 4^th August 2008.

In respect of the driving test for (broadly) lorries and buses, these Regulations replace the existing theory test with a theory test consisting of two parts (a large vehicle test of driving theory and a large vehicle test of hazard perception) (regulations 13 and 14). The additional requirement to pass a practical test makes this a three part driving test.

The scope of the matters to be covered by the large vehicle test of driving theory is also increased so as to include subjects required to be tested under Annex I to Directive 2003/59/EC of the European Parliament and of the Council 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 (O.J. No. L226, 10.9.2003, p.4). Directive 2003/59/EC has been implemented by the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (S.I. 2007/605) which, in this respect, these Regulations supplement (new regulations 40B(2)(a) and 40C(2)(a), as inserted by regulation 14). Regulation 4 inserts a new definition of “CPC subjects” for the purposes of Part III of the 1999 Regulations.

A person required to take this three part driving test must pass the large vehicle test of driving theory and the large vehicle test of hazard perception before taking the practical test, and is not entitled to apply for an appointment for a practical test before obtaining a valid large vehicle theory test pass certificate (new regulation 40A, as inserted by regulation 14).

The fee for the new large vehicle test of driving theory is £35 and the fee for the new large vehicle test of hazard perception is £15 (regulation 10). This represents an increase of 56% over the fee of £32 for the former combined large vehicle theory and hazard perception test.

Examiners who conduct large vehicle tests of driving theory or large vehicle tests of hazard perception must provide a person who has taken such a test with a statement of performance (new regulation 47A, as inserted by regulation 17). A person who has obtained statements of performance for both parts of the theory test is entitled to a large vehicle theory test pass certificate (new regulation 47B, as inserted by regulation 17). That certificate is valid for the purposes of eligibility to take a practical test (under regulation 38 of the 1999 Regulations) for a period of 2 years from the earlier of the dates on which the large vehicle test of driving theory or large vehicle test of hazard perception was passed. There are prescribed forms for the statements of performance and the large vehicle theory test pass certificate (regulation 21).

The Regulations introduce new charging arrangements in relation to driving examiners other than those directly appointed by the Driving Standards Agency. They introduce a charge for each set of theory test questions and hazard perception clips provided to persons and organisations authorised to appoint theory test examiners to conduct theory tests in relation to members of the armed forces, drivers employed by the police, the fire and rescue authorities and some bus and goods vehicle operators. The charge for each test issued is £18.50 in respect of car, motor bicycle and moped tests and £29 (£20 for the large vehicle test of driving theory and £9 for the large vehicle test of hazard perception) in respect of bus and lorry tests (regulation 6). The charge for each pass certificate issued is revoked (regulation 16(d)).

They also introduce an annual charge of £950 in respect of each examiner similarly appointed to conduct practical or unitary tests (although this charge does not apply to examiners for the armed forces). The charge, which is payable by the appointing person or organisation, is first payable on 4^th August 2008 or the date on which the appointment is made, if later (regulation 7). The charge for each pass certificate issued is revoked (regulation 18(c)).

The Secretary of State is given a new power to vary the conditions of approval applying to persons and organisations authorised to appoint such examiners (regulations 5 and 7(a)).

The Regulations amend the definition of “working day” for the purposes of calculating test fees (regulations 4(b) and 11).

Full impact assessments of the effect that these Regulations will have on the costs of business and the voluntary sector are available from the Driving Standards Agency, Policy Branch, The Axis, Upper Parliament Street, Nottingham NG1 6LP and on the Driving Standards Agency’s website at www.dsa.gov.uk. The impact assessments are annexed to the explanatory memorandum which is available alongside the instrument on the Office of Public Sector Information website at www.opsi.gov.uk.