The Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 2008

Statutory Instruments

2008 No. 2508

Road Traffic

The Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 2008

Made

25th September 2008

Laid before Parliament

26th September 2008

Coming into force

29th September 2008

The Secretary of State for Transport makes these Regulations in exercise of the powers conferred by sections 89(3)(a)(1) and 105(1) and (3) of the Road Traffic Act 1988(2).

The Secretary of State for Transport has consulted with representative organisations in accordance with section 195(2) of that Act.

Citation and commencement

1.  These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No.5) Regulations 2008 and come into force on 29th September 2008.

Amendment of Regulations

2.  The Motor Vehicles (Driving Licences) Regulations 1999(3) shall be amended in accordance with the following regulations.

3.  In regulation 40B (content of the tests) in paragraph (5)(b) after “test”, where that word first occurs, there shall be inserted “taken on or after 30th March 2009”.

4.  In regulation 40C (passing the test)—

(a) at the beginning of paragraph (6) there shall be inserted “Subject to paragraph (7)”;

(b) after paragraph (6) there shall be inserted—

“(7) In relation to a practical or unitary test conducted before 30th March 2009 in respect of a licence authorising the driving of motor vehicles of a class included in category A or P—

(a) the requirements specified in paragraphs 10 to 14 of Section D of Part 1 of Schedule 8 shall not be regarded as specified requirements; and

(b) for the requirement specified in paragraph 15 of that Section there shall be substituted the following—

“15.   Brake accurately to stop where directed, if need be by performing an emergency stop.”.”.

Signed by authority of the Secretary of State

Jim Fitzpatrick

Parliamentary Under Secretary of State

Department for Transport

25th September 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (Driving Licences) Regulations 1999 (“the principal Regulations”).

The effect of the Regulations is that the requirements of the practical and unitary test for motorcycles and mopeds will differ depending on whether the test is conducted before 30th March 2009 or on or after that date.

A test taken on or after that date shall additionally include the manoeuvres specified in paragraphs 10 to 15 of Section D of Part 1 of Schedule 8 to the principal Regulations which are to be undertaken on a special testing ground. These manoeuvres include a slow speed slalom, the avoidance of obstacles at higher speeds and two braking exercises at specified speeds, one of which is an emergency stop.

(1)

Section 89(3) was amended by the Road Traffic Act 1991 (c.40), paragraph 63 of Schedule 4 and the Road Safety Act 2006 (c.49), section 36.

(2)

1988 c.52.

(3)

S.I. 1999/2864; relevant amending instrument is S.I. 2008/1435.