The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 2009.

(2) The Regulations shall come into force on 30th March 2009 other than for the purposes of regulation 28 which shall come into force on 6th April 2009.

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

Amendment of the principal Regulations

2.  The principal Regulations shall be amended in accordance with regulations 3 to 32 subject to regulation 33 (savings and transitional provisions).

3.  In regulation 3 (interpretation)—

(a) after the definition of “LGV trainee driver’s licence” insert—

““manoeuvres test” means a test consisting of the activities and manoeuvres specified in Schedule 8A and includes such a test conducted as part of an extended driving test;”;

(b) after the definition of “mobile project vehicle” insert—

““module 1 pass certificate” means a certificate relating to the passing of a manoeuvres test in the form set out in Part 1 of Schedule 10D;

“module 1 statement of failure” means a statement in the form set out in Part 2 of Schedule 10D regarding the failing of a manoeuvres test;”; and

(c) in the definition of “practical test” for “the part” to the end substitute

“the part of it consisting of that test; and the term—

(a) includes such a test conducted as part of an extended driving test; and

(b) excludes the manoeuvres test”.

4.  In regulation 3A (meaning of “theory test”)—

(a) at the end of paragraph (1)(a) omit “and”; and

(b) after paragraph (1)(a) insert—

“(aa) where a test is to be conducted, by virtue of regulation 40(1A), in three parts, the part, described in regulation 40(1A)(a), which consists of the standard test of driving theory and the standard test of hazard perception; and”.

5.  In regulation 22 (interpretation of Part III) in the definition of “DSA examiner” for “practical” substitute “manoeuvres tests, practical tests”.

6.  In regulation 23 (persons by whom theory tests may be conducted) in paragraph (5) after “conduct” insert “manoeuvres tests or”.

7.  In regulation 24 (persons by whom practical and unitary tests may be conducted)—

(a) in the heading after “whom” insert “manoeuvres,”;

(b) in paragraph (1) for “practical” in the first place where it appears substitute “manoeuvres test, practical test”;

(c) in paragraph (2) for “practical” substitute “manoeuvres test, practical test”;

(d) at the beginning of paragraph (2A) add “A manoeuvres test or”; and

(e) in paragraph (3) for “practical” substitute “manoeuvres tests, practical tests”.

8.  In regulation 25 (revocation of authority to conduct tests) in paragraph (1) for “unitary, practical” substitute “unitary tests, manoeuvres tests, practical tests”.

9.  In regulation 30 (fees for theory tests) in paragraph (2) for “£30” substitute “£31”.

10.  In regulation 31 (applications for practical and unitary tests: applicants in person)—

(a) in the heading after “for” insert “manoeuvres,”;

(b) in paragraph (1) for “practical” substitute “manoeuvres test, practical test”; and

(c) in paragraph (3) for “practical or, as the case may be, a unitary test” substitute “manoeuvres test, practical test or unitary test, as the case may be,”.

11.  In regulation 32 (applications for practical tests: motor bicycle instructors)—

(a) in the heading after “for” insert “manoeuvres or”;

(b) in paragraph (1) after “appointment for” insert “a manoeuvres test or”;

(c) in paragraph (2) for “practical” substitute “manoeuvres tests, practical tests”; and

(d) in paragraph (5)—

(i) after “paragraph (4) for” insert “a manoeuvres test or”;

(ii) after “for a test” insert “of the same sort”.

12.  In regulation 34 (eligibility to reapply for practical or unitary test)—

(a) in the heading after “for” insert “manoeuvres,”;

(b) in paragraph (1) for “practical” substitute “manoeuvres test, practical test”; and

(c) in paragraph (3) before sub-paragraph (a) insert—

“(za) in the case of a manoeuvres test, 3 clear working days,”.

13.  In regulation 35 (fees in respect of practical or unitary tests)—

(a) in the heading after “of” insert “manoeuvres,”;

(b) in paragraph (1) for “practical” substitute “manoeuvres test, practical test”;

(c) in paragraph (2) after “(3ZA),” insert “(3ZB), (3ZC),”;

(d) in paragraph (3) after “(3ZA)” insert “(3ZB), (3ZC),”;

(e) for paragraph (3ZA) substitute—

“(3ZA) Subject to paragraphs (3C) and (4), in the case of a manoeuvres test or practical test which—

(a) is to be conducted by a DSA examiner,

(b) is not, or does not form part of, an extended driving test,

(c) is for a licence authorising the driving of a motor vehicle of a class included in category A or P,

the fee payable is that specified in relation to that test in column (2) of the Table in Schedule 5A.”; and

(f) before paragraph (4) insert—

“(3ZB) Subject to paragraphs (3ZC) and (4), in the case of a manoeuvres test or practical test which—

(a) is to be conducted by a DSA examiner,

(b) is, or forms part of, an extended driving test,

(c) is for a licence authorising the driving of a motor vehicle of a class included in category A or P,

the fee payable is that specified in relation to that test in column (3) of the Table in Schedule 5A.

(3ZC) In paragraphs (3ZA) and (3ZB), where reference is made to the Table in Schedule 5A, that reference is to—

(a) the Table in Part 1 of that Schedule where the test is conducted before 5th October 2009; and

(b) the Table in Part 2 of that Schedule where the test is conducted on or after 5th October 2009.”.

14.  In regulation 36 (cancellation of tests) for “practical” substitute “manoeuvres test, practical test”.

15.  In regulation 37 (test vehicles)—

(a) in paragraph (1) for “practical” substitute “manoeuvres test, practical test”;

(b) in paragraph (2) after “prescribed” insert “manoeuvres test or”;

(c) in paragraph (3) after “for a” where those words first appear insert “manoeuvres test or”; and

(d) in paragraph (4) for “practical” substitute “manoeuvres test, practical test”.

16.  In regulation 38 (further requirements at tests)—

(a) in paragraph (1) after “theory test,” insert “manoeuvres test,”;

(b) in paragraph (4) after “for a” insert “manoeuvres test or”;

(c) in paragraph (5) for “practical” substitute “manoeuvres test, practical test”;

(d) in paragraph (5A) after “theory test” insert “manoeuvres test”;

(e) in paragraph (7) for “practical” substitute “manoeuvres test, practical test”;

(f) in paragraph (8) after “for a” insert “manoeuvres test or”;

(g) after paragraph (8) insert—

“(8A) Subject to paragraph (8B), before commencement of a practical test in relation to a vehicle of a class included in category A or P the person submitting to the test shall produce to the person conducting the test a module 1 pass certificate which—

(a) is valid;

(b) is in respect of the same category or sub-category of vehicle as that in which the practical test is to be taken; and

(c) save in a case where sub-paragraph (a) of paragraph (4) applies, records as the date of the theory test the same date as is recorded for that test in the valid standard theory test pass certificate which is produced in accordance with that paragraph.

(8B) In the case of a person who is exempt from the requirement to pass a theory test by virtue of regulation 42(1), the certificate produced in accordance with paragraph (8A) shall be dated no earlier than six months before the date on which it is produced.”; and

(h) in paragraph (9) for “practical” substitute “manoeuvres test, practical test”.

17.  In regulation 39 (examiner’s right to refuse to conduct test)—

(a) in paragraph (1)(b)—

(i) after “practical” insert “test (other than in relation to a vehicle of a class included in category A or P)”; and

(ii) for “, (7) or (8)” substitute “or (7)”;

(b) after paragraph (1) insert—

“(1A) Subject to paragraphs (2) and (3), the person authorised to conduct a test in relation to a vehicle of a class included in category A or P must refuse to do so where—

(a) a person submitting to a manoeuvres test fails to satisfy the person conducting the test that any requirement imposed by paragraph (4) of regulation 37, by paragraph (4), (5), (7) or (8) of regulation 38 or by paragraph (1A)(a) of regulation 40A has been complied with; or

(b) a person submitting to a practical test fails to satisfy the person conducting the test that any requirement imposed by paragraph (4) of regulation 37, by paragraph (4), (5), (7), (8), (8A) or (8B) of regulation 38 or by paragraph (1A)(c) of regulation 40A has been complied with.”; and

(c) in paragraph (2)(b)—

(i) for “practical” substitute “manoeuvres test, practical test”; and

(ii) for “under paragraph (4) or (8)” substitute “in accordance with paragraph (4), (8), (8A) or (8B)”.

18.  In regulation 40 (nature of tests other than extended tests)—

(a) after paragraph (1) insert—

“(1A) The test for a licence authorising the driving of a motor vehicle in category A or P, or in sub-category A1, shall be conducted in three parts, namely—

(a) the standard test of driving theory and the standard test of hazard perception;

(b) the manoeuvres test; and

(c) the practical test.

(1B) A person taking the test referred to in paragraph (1A) must—

(a) pass all three parts; and

(b) take all three parts in the same category or sub-category of vehicle.”; and

(b) in paragraph (2) for “category A, B or P” substitute “category B”.

19.  In regulation 40A—

(a) in paragraph (1)—

(i) in sub-paragraph (a) after “theory test” insert “or have passed, within the last 2 years, that part of a Northern Ireland test concerning the theory of driving vehicles in category B and corresponding to the theory test”; and

(ii) in sub-paragraph (b)—

(aa) omit the brackets and the words therein;

(bb) for “category A, B or P” substitute “category B”; and

(cc) for paragraph (ii) substitute—

“(ii) a certificate relating to the passing of the part of the Northern Ireland test referred to in sub-paragraph (a).”;

(b) after paragraph (1) insert—

“(1A) Where a test is required to be conducted in three parts pursuant to regulation 40(1A) a person—

(a) must, pass the theory test in respect of a vehicle in category A or P or have passed, within the last 2 years, that part of a Northern Ireland test concerning the theory of driving vehicles in category A or P before taking the manoeuvres test;

(b) shall not be entitled to apply for an appointment (or, as the case may be, be nominated pursuant to regulation 32(4)) for the manoeuvres test in respect of a vehicle in category A or P until that person has been furnished with—

(i) a valid standard theory test pass certificate stating that the person has passed the theory test in respect a vehicle in category A or P; or

(ii) a certificate relating to the passing of the part of the Northern Ireland test referred to in sub-paragraph (a); and

(c) must, before taking a practical test in relation to a vehicle in category A or P, or in sub-category A1, pass the manoeuvres test in respect of a vehicle in the same category or sub-category as that in respect of which the practical test is to be taken.”; and

(c) in paragraph (2)—

(i) after “three parts” insert “pursuant to regulation 40(3)”;

(ii) in sub-paragraph (a) after “perception” insert “or have passed, within the last 2 years, those parts of a Northern Ireland test concerning the theory of driving vehicles in category C or D (including hazard perception),”; and

(iii) in sub-paragraph (b) for paragraph (ii) substitute—

“(ii) a certificate or certificates relating to the passing of those parts of the Northern Ireland test referred to in sub-paragraph (a).”.

20.  In regulation 40B (content of the tests)—

(a) in paragraph (5)—

(i) in sub-paragraph (a) omit “subject to paragraph (b),”; and

(ii) omit sub-paragraph (b);

(b) after paragraph (5) insert—

“(5A) The manoeuvres test may be conducted on a special testing ground or on roads.”.

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

(a) in paragraph (3) after “passed the” insert “manoeuvres test or”;

(b) in paragraph (6) omit “Subject to paragraph (7)”; and

(c) for paragraph (7) substitute—

“(7) The specified requirements for the manoeuvres test are those specified in Schedule 8A.”.

22.  In regulation 43 (entitlement upon passing a test other than an appropriate driving test)—

(a) in paragraphs (2) and (3) for “or, as the case may be, the practical test” in each place where those words appear substitute “, practical test (other than in relation to a vehicle of a class included in category A or P) or two-part practical test, as the case may be,”; and

(b) after paragraph (6) add—

“(7) In this regulation “two-part practical test” means—

(a) in relation to a vehicle of a class included in category A or P, the manoeuvres test and the practical test in respect of a vehicle of a class included in category A or P, as appropriate;

(b) in relation to a vehicle of a class included in sub-category A1, the manoeuvres test and the practical test in respect of a vehicle of a class included in sub-category A1.”.

23.  In regulation 44 (entitlement upon passing a test other than an appropriate driving test: category A) in paragraph (2) for “practical test” in each place where those words appear substitute “manoeuvres test and practical test”.

24.  In regulation 46 (entitlement upon passing an appropriate driving test)—

(a) in paragraphs (2) and (3) for “or, as the case may be, the practical test” in each place where those words appear substitute “practical test (other than in relation to a vehicle of a class included in category A or P) or two-part practical test, as the case may be,”;

(b) in paragraph (6) for “practical test” substitute “two-part practical test”;

(c) after paragraph (8) add—

“(9) In this regulation “two-part practical test” means—

(a) in relation to a vehicle of a class included in category A or P, the manoeuvres test and the practical test in respect of a vehicle of a class included in category A or P, as appropriate;

(b) in relation to a vehicle of a class included in sub-category A1, the manoeuvres test and the practical test in respect of a vehicle of a class included in sub-category A1.”.

25.  In regulation 47 (evidence of result of theory test: vehicles other than category C or D) in paragraphs (6) and (7) after “regulation 38(4)” insert “or 40A(1)(b)(i) or (1A)(b)(i)”.

26.  In regulation 47B (large vehicle theory test pass certificates) in paragraphs (4) and (5) after regulation 38(4)” insert “or 40A(2)(b)(i)”.

27.  In regulation 48 (evidence of the result of practical or unitary test)—

(a) in the heading after “result of” insert “manoeuvres,”

(b) before paragraph (1) insert—

“(ZA1) A person conducting a manoeuvres test shall upon completion of the test furnish—

(a) a person who passes the test with a module 1 pass certificate which, save where the person is exempt from the requirement to pass a theory test by virtue of regulation 42, shall record the date of the standard theory test as recorded in the standard theory test pass certificate which was produced in accordance with regulation 38(4) when that person submitted to the manoeuvres test;

(b) a person who fails to pass the test with a module 1 failure statement;”;

(c) after paragraph (1) insert—

“(1A) A module 1 pass certificate is invalid if—

(a) the person to whom it is issued is at that time ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations, to take the manoeuvres test to which the certificate relates; or

(b) at the time when it was issued, the standard theory test pass certificate produced to the person conducting the test in accordance with regulation 38(4) is invalid by virtue of regulation 47(7).

(1B) A module 1 pass certificate is not valid for the purpose of regulation 38(8A)(a) if—

(a) it is furnished in error or with an error in the particulars required to be specified in it; or

(b) it is invalid by virtue of paragraph (1A)”; and

(d) in paragraph (2)—

(i) before sub-paragraph (a) insert—

“(za) it is furnished in error or with an error in the particulars required to be specified in it;”;

(ii) at the end of sub-paragraph (b) omit “or”; and

(iii) after sub-paragraph (ba) insert—

“; or

(bb)

it was issued in relation to a vehicle of a class included in category A or P and at the time when it was issued the module 1 pass certificate produced to the person conducting the test in accordance with regulation 38(8A) is invalid by virtue of paragraph (1B).”.

28.  In Schedule 3 (licence fees), in Part 1, in the third column of the Table for “£17.50”, in each place where it occurs, substitute “£20”.

29.  For Schedule 5 substitute the content of Schedule 1.

30.  In Schedule 8 (specified requirements for practical or unitary test) in Part 1 in Section D omit paragraphs 7 to 15.

31.  After Schedule 8 insert the content of Schedule 2.

32.  After Schedule 10C (large vehicle theory test pass certificate) insert the content of Schedule 3.

Savings and transitional provision in respect of tests conducted before 27th April 2009

33.—(1) Subject to paragraphs (2) to (4), the principal Regulations shall apply in relation to a relevant test without the amendments made by these Regulations and, save where a contrary intention is expressed, references in paragraphs (2) to (5) to “the principal Regulations” mean the principal Regulations without the amendments made by these Regulations.

(2) Regulation 34 of the principal Regulations (eligibility to reapply for practical or unitary test) shall apply to a relevant test taken after 13th April 2009 with the amendments made by these Regulations and, for the purposes of that regulation, a person who takes, and fails to pass, such test after that date shall be regarded as having failed to pass the manoeuvres test on 22nd April 2009.

(3) Regulation 40B(5)(b) of the principal Regulations shall not apply in relation to a relevant test.

(4) Regulation 40C(7) of the principal Regulations shall apply as if for “30th March” were substituted “27th April”.

(5) In this regulation—

(a) “manoeuvres test” has the same meaning as in the principal Regulations as amended by these Regulations;

(b) “relevant test” means a practical test in respect of a vehicle included in category A or P which is taken on or after 30th March 2009 and before 27th April 2009; and

(c) “practical test” has the same meaning as in the principal Regulations.

Signed by authority of the Secretary of State

Jim Fitzpatrick

Parliamentary Under Secretary of State,

Department for Transport

19th March 2009

We approve the making of these Regulations

Dave Watts

Tony Cunningham

Two of the Lords Commissioners

of her Majesty’s Treasury

24th March 2009