Citation and commencement

1. These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 and shall come into force for the purposes of regulations 7(a) and (b) and 12 on 29^th September 2008 and for all other purposes on 1^st April 2008.

Amendment of the Motor Vehicles (Driving Licences) Regulations 1999

2. The Motor Vehicles (Driving Licences) Regulations 1999(5) are amended in accordance with regulations 3 to 12.

3. In regulation 23 (persons by whom theory tests may be conducted)–

(a) in paragraph (1) omit sub-paragraph (d);

(b) in paragraphs (3) and (8) for "sub-paragraphs (b), (c), (d) or (e) of paragraph (1)" substitute "sub-paragraphs (b), (c), (da), (db), (e) or (f) of paragraph (1)"; and

(c) in paragraph (5) for "paragraph (b), (c), (d) or (e) of paragraph (1)" substitute "sub-paragraphs (b), (c), (da), (db), (e) or (f) of paragraph (1)".

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

(a) in paragraph (3) for "sub-paragraphs (b), (c), (d) or (f) of paragraph (1)" substitute "sub-paragraphs (b), (ca), (cb), (d), (f) or (g) of paragraph (1)"; and

(b) in paragraph (5) for "sub-paragraph (b), (c), (d) or (f) of paragraph (1)" substitute "sub-paragraphs (b), (ca), (cb), (d), (f) or (g) of paragraph (1)".

5. In regulation 30 (fees for theory tests)–

(a) for paragraph (1) substitute–

"(1) The fee payable for a theory test to be conducted by an appointed person in respect of a motor vehicle in a category of C or D is £32.00."; and

(b) for paragraph (2) substitute–

"(2) The fee payable for a theory test to be conducted by an appointed person in respect of a motor vehicle in a category of A, B or P is £30.00.".

6. In regulation 35 (fees in respect of practical or unitary tests)–

(a) in paragraph (1) for "regulation 24(1)(b), (c), (d), or (f)" substitute "regulation 24(1)(b), (ca), (cb), (d), (f) or (g)";

(b) in paragraph (2) for "paragraphs (4) and (5)" substitute "paragraphs (3ZA), (4) and (5)";

(c) in paragraph (3) for "paragraph (4)" substitute "paragraphs (3ZA) and (4)"; and

(d) after paragraph (3), insert–

"(3ZA) In paragraphs (2) and (3), where a reference is made to the Table in Schedule 5, that reference shall be–

(a) in the case of a test where the application is made on or after 1st April 2008 (and which, in the case of a test for a licence authorising the driving of a motor vehicle of a class included in category A, sub-category A1 or category P only, is to be conducted on or before 28th September 2008), to the Table in Part 1 of Schedule 5; and;

(b) in the case of a test which is for a licence authorising the driving of a motor vehicle of a class included in category A, sub-category A1 or category P and which is to be conducted on or after 29^th September 2008, to the Table in Part 2 of Schedule 5.".

7. In regulation 40 (nature of tests other than extended tests)–

(a) in sub-paragraph (7)(a) before "the person" insert "subject to sub-paragraph (aa)" and omit "and" in the second place where it occurs;

(b) after sub-paragraph (7)(a) insert–

"(aa) in the case of a test for a licence authorising the driving of a class of vehicle included in category A or P, the person taking the test undertakes the activities and manoeuvres specified in paragraphs 7 to 15 of section D of Part I of Schedule 8 on a special testing ground, and "; and

(c) in paragraph (8A)–

(i) for sub-paragraph (a) substitute–

"(a) in the case of a test for a licence authorising the driving of a class of vehicle included in a category of C or D–

(i) be conducted as an approved form of examination consisting of 60 questions, the questions being in either a multiple choice or multiple response form and testing a candidate on the specified matters in accordance with Schedule 7; and

(ii) have a duration of 70 minutes or, in the circumstances specified in paragraph (9), 140 minutes;"; and

(ii) for paragraph (b) substitute–

"(b) in the case of a test for a licence authorising the driving of a class of vehicle included in a category of A, B or P–

(i) be conducted as an approved form of examination consisting of 50 questions, the questions being in either a multiple choice or multiple response form and testing a candidate on the specified matters in accordance with Schedule 7; and

(ii) have a duration of 57 minutes or, in the circumstances specified in paragraph (9), 114 minutes.".

8. In regulation 47 (evidence of result of theory test) for paragraph (8) substitute–

"(8) A person authorised to conduct theory tests by virtue of sub-paragraphs (b), (c), (da), (db), (e) or (f) of regulation 23(1) or regulation 23(2)(b) shall issue theory test pass certificates using forms supplied by the Secretary of State who may make a charge–

(a) in respect of a motor vehicle in a category of C or D, of £21.00 per form; and

(b) in respect of a motor vehicle in a category of A, B or P, of £18.50 per form.".

9. In regulation 48 (evidence of the result of practical or unitary test) in paragraph (3) for "sub-paragraphs (b), (c), (d) or (f) of regulation 24(1)" substitute "sub-paragraphs (b), (ca), (cb), (d), (f) or (g) of regulation 24(1)".

10. For Part 1 of Schedule 3 (licence fees) substitute the Part 1 set out in Schedule 1 to these Regulations.

11. For Schedule 5 substitute the schedule set out in Schedule 2 to these Regulations.

12. In Schedule 8 (specified requirements for practical or unitary test) in section D of Part I–

(a) omit paragraph 6; and

(b) after paragraph 9 insert–

"10. Execute a slalom manoeuvre at slow speed.

11. Execute a figure of eight manoeuvre at slow speed.

12. Drive the vehicle at a steady walking pace, as if in slow moving traffic, making correct use of the vehicle to maintain a good level of balance.

13. Execute a manoeuvre avoiding an obstacle whilst driving the vehicle at a speed of no less than -

(a) 31.25 miles per hour, in the case of a vehicle in category A; or

(b) 18.75 miles per hour, in the case of a vehicle in category P.

14. Execute a further manoeuvre whilst driving the vehicle in second or third gear and at a speed of no less than 18.75 miles per hour.

15. Execute two braking exercises, one of which must be an emergency stop, whilst driving the vehicle at a speed of no less than -

(a) 31.25 miles per hour, in the case of a vehicle in category A; or

(b) 18.75 miles per hour, in the case of a vehicle in category P."

Regulation 10

SCHEDULE 1 PROVISIONS INSERTED IN SUBSTITUTION FOR PART 1 OF SCHEDULE 3

"PART 1

Regulation 11

SCHEDULE 2 PROVISIONS INSERTED IN SUBSTITUTION FOR SCHEDULE 5

Regulation 35

"SCHEDULE 5

PART 1

PART 2

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (Driving Licences) Regulations 1999 (S.I. 1999/2864) ("the principal Regulations"). In addition to minor and drafting amendments, they make the following changes of substance.

The Motor Vehicles (Driving Licences) (Amendment) Regulations 2007 (S.I. 2007/698) amended provisions in the principal Regulations relating to the theory test for lorry and bus drivers. The 2007 Regulations increased the number of multiple choice questions in such tests from 60 to 100 questions over 115 minutes duration (or 230 minutes duration for candidates with reading difficulties) from 1st April 2008. They also increased, from 1st April 2008, (a) the amount charged by the Secretary of State for those applying to take such tests from £32 to £45 and (b) the amount charged by the Secretary of State for the supply of a theory test pass certificate in respect of tests conducted by an examiner, other than a Driving Standards Agency examiner, from £21 to £29. Regulations 5(a), 7(c) and 8 of these Regulations reverse those amendments. The charges will remain at £32 and £21 respectively.

Regulation 5(b) amends the principal Regulations so as to increase the amount charged by the Secretary of State for those applying to take the theory test in respect of a car, motorcycle or moped to £30 from 1st April 2008. This fee represents a percentage increase of 5.3% and the fees were last increased on 3^rd September 2007.

Regulations 6 and 11 and Schedule 2 amend the principal Regulations so as to substitute a new Schedule 5 in order to specify revised fees payable upon an application for a practical or unitary test made on or after 1^st April 2008 or (in respect of a motorcycle or moped) where the test is to be conducted on or after 29^th September 2008. The following table shows the new fees with the percentage increase in brackets. The fees were last increased on 2^nd April 2007.

Regulations 7(a) and (b) and 12 amend provisions in the principal Regulations that relate to the practical test for motorcycles and mopeds. Candidates must perform additional special manoeuvres to demonstrate satisfactory technical control of the vehicle. The special manoeuvres are required to be undertaken off-road on a special testing ground. As regards motorcycles, these amendments further implement Commission Directive 2000/56/EC(18), which amended Council Directive 91/439/EEC(19)

Regulation 10 and Schedule 1 substitute a new Part 1 of Schedule 3 to the principal Regulations in order to specify revised fees payable upon an application for a driving licence made on or after 1^st April 2008.

The following table shows the new fees and the percentage increase or decrease. The fees were last increased on 1st May 2007.

All the regulations come into force on 1^st April 2008 except for regulations 7(a) and (b) and 12 (practical test for motorcycles and mopeds), which come into force on 29^th September 2008.

The fees in these Regulations have been set further to (a) the Department of Transport (Fees) Order 1988 (S.I.1988/643), which established a common pool for costs incurred in respect of the functions of the Secretary of State in relation to tests of competence to drive motor vehicles; and (b) to the Department for Transport (Driver Licensing and Vehicle Registration Fees) Order 2003 (S.I 2003/2994), which established a common pool for costs incurred in respect of various vehicle registration functions and various driver licensing functions of the Secretary of State. In accordance with the terms of the two Orders, in setting the levels of fees further to this Order, the Secretary of State has taken into account the costs within those common pools.

A full impact assessment of the effect that the amendments at regulations 3 to 9, 11 and 12 and Schedule 2 of these Regulations will have on the costs of business and the voluntary sector is available from the Driving Standards Agency, Stanley House, 56 Talbot Street, Nottingham NG1 5GU and on the Driving Standards Agency´s website at www.dsa.gov.uk. A full impact assessment of the effect that the amendments at regulation 10 and Schedule 1 of these Regulations will have on the costs of business and the voluntary sector is available from the Driver and Vehicle Licensing Agency, Policy and External Communications Directorate, Longview Road, Swansea, SA7 OEP and on the DVLA´s website at www.dvla.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.