(This note is not part of the Regulations)
These Regulations amend the Motor Vehicles (Driving Licences) Regulations 1999 (the “principal Regulations”).
Regulation 3 amends regulation 17 of the principal Regulations so as to broaden the categories of vehicle in which a disabled driver may supervise a provisional licence holder to include not only cars, but also other categories and sub-categories of vehicles (broadly, coaches, buses and lorries).
Also, regulation 3 amends regulation 17 of the principal Regulations so as to broaden the categories of vehicle in respect of which any person supervising a provisional licence holder must hold a full licence for a minimum three year period. For example, a person supervising a provisional licence holder driving a category C vehicle must either hold a licence for at least three years authorising the driving of a category C vehicle, or a category C licence for one year minimum and a category D licence for two years minimum.
Regulation 4 amends regulation 22 of the principal Regulations so as to broaden the definition of “working day” to include Saturday.
Regulations 5 and 6 concern the arrangements for taking tests, both theory and practical, in respect of motor bicycles and large vehicles that are arranged by instructors on behalf of applicants. These regulations amend the principal Regulations so as to reduce the period of time that must elapse between the date the instructor supplies an applicant’s details to the examiner and the test day itself to one clear working day.
Regulation 7 concerns the fees that may be repaid upon cancellation of a test. It amends the principal Regulations so as to reduce the period of notice required for a cancellation without loss of a fee from 10 to 3 clear working days.
Regulation 8 amends regulation 38 of the principal Regulations so as to require a candidate to sign a declaration on the Test Report Form before a practical or unitary test to the effect that he or she meets the necessary residency requirement.
Regulations 9 and 11 concern the documentation that a candidate for a test must produce in order to verify his or her identity and apply where a candidate does not have a driving licence with a photograph. These regulations amend the principal Regulations so that, except in relation to the armed forces, the only evidence that will be accepted for verification purposes is a valid passport.
Regulation 10 corrects an error in Schedule 2, Part 2 in the principal Regulations relating to the eligibility for a licence of a person who has held a licence or passed a driving test before 1st January 1997. The correction makes it clear that there is no requirement with respect to the classes of vehicle included in sub-categories C1+E and D1+E to the effect that the maximum authorised mass of the trailer must be the same or less than the unladen weight of the tractor vehicle (“the ratio requirement”). Although the ratio requirement was introduced into the Principal Regulations in order to implement Council Directive 29th July 1991 on driving licences (Directive 91/439/EEC), there was no intention to change the position with respect to those persons holding licences for these categories before 1st January 1997. The correction made by these Regulations now reflects their original intention.
These Regulations are made in conjunction with the Motor Cars (Driving Instruction) (Amendment) Regulations 2005. A combined full regulatory impact assessment of the effect that these amendments will have on the costs of business is available from the Driving Standards Agency, Stanley House, Talbot Street, Nottingham NG1 5GU. The regulatory impact assessment may also be accessed on the Office of Public Sector Information website www.opsi.gov.uk and on the Driving Standards Agency’s web-site at www.dsa.gov.uk.