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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996 (“the 1996 Regulations”).

The Regulations come into operation on 17^th February 2009 except for regulation 4, part of which comes into operation on 10^th September 2009. The 1996 Regulations (without the amendments made by these Regulations) continue to apply in respect of theory tests booked before                17^th February 2009 or taken before 10^th March 2009.

In respect of the driving test for (broadly) lorries and buses, these Regulations replace the existing theory test with a theory test consisting of two parts (a large vehicle test of driving theory and a large vehicle test of hazard perception) (regulation 9). The additional requirement to pass a practical test makes this a three part driving test.

The scope of the matters to be covered by the large vehicle test of driving theory is also increased so as to include subjects required to be tested under Annex I to Directive 2003/59/EC of the European Parliament and of the Council of 15^th July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No. 3820/85 and the Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC (O.J. No. L226, 10.9.2003, p. 4). Directive 2003/59/EC has been implemented by the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (S.I. 2007/605) which, in this respect, these Regulations supplement (new regulations 29B(2)(a) and 29C(2)(a) as inserted by regulation 9). Regulation 5 inserts a new definition of “CPC” subjects for the purposes of Part III of the 1996 Regulations.

A person required to take this three part test must pass the large vehicle test of driving theory and the large vehicle test of hazard perception before taking the practical test, and is not entitled to apply for an appointment for a practical test until he has obtained a valid large vehicle theory test pass certificate (new regulation 29A inserted by regulation 9).

The fee for the new large vehicle test of driving theory is £35 and the fee for the new large vehicle test of hazard perception is £15 (regulation 14). This represents an increase of 56% over the fee of £32 for the former combined large vehicle theory and hazard perception test.

Examiners who conduct large vehicle tests of driving theory or large vehicle tests of hazard perception must furnish a person who has taken the test with a statement of performance (new regulation 36A as inserted by regulation 12).

A person who has obtained statements of performance for both parts of the theory test is entitled to a large vehicle theory test pass certificate (new regulation 36B as inserted by regulation 12). That certificate is valid for the purposes of eligibility to take a practical test (under regulation 27 of the 1996 Regulations) for a period of two years from the earlier dates on which the large vehicle test of driving theory or large vehicle test of hazard perception was passed. There are prescribed forms for the statements of performance and the large vehicle theory test pass certificate (regulation 17).

The Department is given a new power to vary the conditions of approval applying to persons and organisations authorised to appoint driving examiners (regulations 6 and 7).

Regulation 4 amends the 1996 Regulations so that the new minimum age requirements in Directive 2003/59/EC apply to bus and lorry drivers who have passed the initial CPC test. Broadly, the age of 18 is substituted for the age of 21 in respect of bus drivers and lorry drivers provided that, in the case of the former, the driver is carrying passengers on a route which does not exceed 50 kilometres or does not carry passengers at all. For other bus drivers, age 20 is substituted for 21.

Regulations 2, 3, 8, 10, 11, 13, 15, and 16 make consequential amendments to the 1996 Regulations.

Regulation 18 provides for the transitional arrangements for the coming into operation of the Regulations.

A full Regulatory Impact Assessment has been prepared for these Regulations and is available from the Driver and Vehicle Agency, 66 Balmoral Road, Belfast, BT12 6QL or the DVA website at www.dvani.gov.uk.

A transposition note has been prepared in relation to regulation 4 of these Regulations and is available from the above address.

Copies of the EC Directives referred to in these Regulations can be obtained from TSO, 16 Arthur Street, Belfast BT1 4GD.