The Motor Vehicles (Driving Licences) Regulations 1999

Changes over time for: Section 35

Version Superseded: 19/01/2013

Alternative versions:

Status:

Point in time view as at 28/09/2009. This version of this provision has been superseded.

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There are currently no known outstanding effects for the The Motor Vehicles (Driving Licences) Regulations 1999, Section 35.

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Fees in respect of [F1manoeuvres,] practical or unitary testsE+W+S

35.—(1) No fee shall be payable in respect of a [F2manoeuvres test, practical test] or unitary test conducted by a person appointed under [F3regulation 24(1)(b), (ca), (cb), (d), (f) or (g)] [F4or (2)(b)].

(2) Subject to [F5paragraphs (3ZA), [F6(3ZB), (3ZC),] (4) and (5)], in the case of a practical or unitary 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 a category or sub-category specified in column (1) of the Table in Schedule 5,

the fee payable is that specified in relation to that category or sub-category in column (2) of that Table.

(3) Subject to [F7paragraphs (3ZA) [F8(3ZB), (3ZC),] and (4)], in the case of a practical or unitary 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 a category or sub-category specified in column (1) of the Table in Schedule 5,

the fee payable is that specified in relation to that category or sub-category in column (3) of that Table.

[F9(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.]

F10(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(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.]

(4) Where an appointment for a practical test to commence during normal hours is cancelled by or on behalf of the Secretary of State and the appointment cannot reasonably be rearranged so that the test commences during normal hours, the applicant shall pay the fee prescribed for a test commencing during normal hours notwithstanding that it commences out of hours.

(5) In a case where the test is for a licence authorising the driving of vehicles included in category B and the applicant holds a full licence authorising the driving of vehicles included in sub-category B1 (invalid carriages), no fee shall be payable.

[F12(6) For the purposes of this regulation and Schedule 5, a test—

(a)for a licence authorising the driving of a motor vehicle in category A, B, F, G , H K or P or subcategory A1 or B1 commences during normal hours if the time for which the test appointment is made is any time between 0730 hours and 1630 hours on a working day,

(b)for a licence authorising the driving of a motor vehicle in any other category commences during normal hours if the time for which the test appointment is made is any time between 0830 hours and 1630 hours on a working day; and

(c)commences out of hours, if the time for which the test appointment is made is at a time not specified above for the type of licence in question.]

[F13(7) In this regulation “working day” means a day other than a Saturday, Sunday, bank holiday, Christmas Day or Good Friday (and “bank holiday” means a day to be observed as such under section 1 of and Schedule 1 to the Banking and Financial Dealings Act 1971).]

Textual Amendments

F1Word in reg. 35 heading inserted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 13(a) (with reg. 33)

F2Words in reg. 35(1) substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 13(b) (with reg. 33)

F3Words in reg. 35(1) substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 6(a)

F4Words in reg. 35(1) substituted (1.9.2003) by The Motor Vehicles (Driving Licences) (Amendment)(No. 4) Regulations 2003 (S.I. 2003/2003), regs. 1(1)(a), 3(5)

F5Words in reg. 35(2) substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 6(b)

F6Words in reg. 35(2) inserted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 13(c) (with reg. 33)

F7Words in reg. 35(3) substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 6(c)

F8Words in reg. 35(3) inserted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 13(d) (with reg. 33)

F9Reg. 35(3ZA) substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 13(e) (with reg. 33)

F10Reg. 35(3A) omitted (2.4.2007) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2007 (S.I. 2007/698), regs. 1(1), 7(c)

F11Reg. 35(3ZB)(3ZC) inserted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 13(f) (with reg. 33)