The Motor Vehicles (Driving Licences) Regulations 1999

Changes over time for: Section 35

Alternative versions:

Status:

Point in time view as at 15/11/2021.

Changes to legislation:

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

Changes to Legislation

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[F1Fees in respect of manoeuvres tests, large vehicle off road manoeuvres tests, practical tests or unitary tests]E+W+S

35.—(1) No fee shall be payable in respect of a [F2manoeuvres test, [F3large vehicle off road manoeuvres test,] practical test] or unitary test conducted by a person appointed under [F4regulation 24(1)(b), (ca), (cb), [F5(cc), (cd)] (d), (f) or (g)] [F6or (2)(b)] [F7or approved under regulation 24(1)(ce)(ii) or (cf)(ii)].

(2) Subject to [F8paragraphs (3ZA), [F9(3ZB), F10...] (4) and (5)], in the case of a [F11large vehicle off road manoeuvres test, practical test or unitary test] which—

(a)is to be conducted by a [F12DVSA 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 [F13paragraphs (3ZA) [F14(3ZB), F15...] and (4)], in the case of a [F16large vehicle off road manoeuvres test, practical test or unitary test] which—

(a)is to be conducted by a [F17DVSA 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.

[F18(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 [F19DVSA 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 [F20AM or A],

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

F21(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22(3ZB) Subject to [F23paragraph (4)], in the case of a manoeuvres test or practical test which—

(a)is to be conducted by a [F24DVSA 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 [F25AM or A],

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

F26(3ZC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(4) Where an appointment for a [F27large vehicle off road manoeuvres test or 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.

[F28(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 [F29AM,] A, B, F, G , H [F30or K] or subcategory A1 F31... 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.]

[F32(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

F1Reg. 35 heading substituted (15.11.2021 at 1.00 a.m.) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1154), regs. 1(2), 11(a)

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) inserted (15.11.2021 at 1.00 a.m.) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1154), regs. 1(2), 11(b)

F4Words 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)

F5Words in reg. 35(1) inserted (1.11.2021) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2021 (S.I. 2021/1128), regs. 1(2), 8(a)

F6Words 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)

F7Words in reg. 35(1) inserted (1.11.2021) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2021 (S.I. 2021/1128), regs. 1(2), 8(b)

F8Words 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)

F9Words 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)

F10Words in reg. 35(2) omitted (19.1.2013) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 19(a)

F11Words in reg. 35(2) substituted (15.11.2021 at 1.00 a.m.) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1154), regs. 1(2), 11(c)