The Motor Vehicles (Driving Licences) Regulations 1999

Preliminary E+W+S

Interpretation of Part III E+W+S

22.  In this Part of these Regulations—

• “applicant in person" means a person making an application for an appointment for a test or a part of a test with a view to taking the test or that part thereof himself;

• [F1 “appointed person” means—

  (a)

  in the case of a safe road use test, a person appointed by the Secretary of State to conduct such a test under paragraph (1)(a) of regulation 22A; and

  (b)

  in the case of a theory test, a person appointed by the Secretary of State to conduct such a test under paragraph (1)(a)(ii) or (2)(a) of regulation 23;]

• [F2 “the CPC subjects” means the list of subjects set out in section 1 of Annex I to Directive 2003/59/EC of the European Parliament and of the Council of 15 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 Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC in so far as these subjects are not already covered by the matters specified in regulation 40C(5) in respect of a vehicle of the relevant class]

• “DSA examiner" means a person appointed by the Secretary of State to conduct [F3 manoeuvres tests, practical tests] or unitary tests under paragraph (1)(a) or (2)(a) of regulation 24;

• [F4 “educational qualification” means—

  (a)

  a qualification awarded by the Scottish Qualifications Authority pursuant to section 2(1) of the Education (Scotland) Act 1996;

  (b)

  a qualification accredited by the Scottish Qualifications Authority pursuant to section 3(1) of the Education (Scotland) Act 1996;

  (c)

  a qualification accredited by the Qualifications and Curriculum Authority under section 24(2)(g) or 30(1)(e) of the Education Act 1997;

  (d)

  a qualification accredited by the Welsh Ministers under section 30(1)(e) of the Education Act 1997;

  (e)

  a qualification which has been awarded or authenticated by an awarding body recognised for either of those purposes by the Office of Qualifications and Examinations Regulation (“Ofqual”) under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009 and, where that qualification is subject to the accreditation requirement under section 138 of that Act, which has been accredited by Ofqual under section 139 of that Act; or

  (f)

  a qualification which has been awarded or authenticated by a person recognised for either of those purposes by the Welsh Ministers under section 30(1)(e) of the Education Act 1997 (as substituted by the 2009 Act) and, where they have determined, under section 30(1)(f) of that Act (as so substituted) that that qualification shall be subject to a requirement of accreditation, which has been accredited by them under section 30(1)(h) of that Act (as so substituted);

• “excepted matters” means the matters falling within Schedule 7, Part 2, section B paragraph 2, section C paragraph 3, section D paragraph 2, section E and section F paragraphs 1 and 3;]

• “large vehicle instructor" means a person operating an establishment for providing instruction in the driving of vehicles included in category B+E, C, C+E, D or D+E, including an establishment which provides tuition to prepare persons for the theory test;

• “motor bicycle instructor" means a person operating an establishment for providing instruction in the driving of vehicles included in categories A or P, including an establishment which provides tuition to prepare persons for the theory test;

• [F5 “motor car instructor” means a person operating an establishment for providing instruction in the driving of vehicles included in category B, including an establishment which provides tuition to prepare persons for the theory test;]

• [F6 “qualification award certificate” means a certificate which certifies that the person to whom it has been issued has been awarded the Safe Road User Award;

• “relevant awarding authority” means a body which awards or authenticates relevant qualifications;

• “relevant qualification” means an educational qualification in respect of which a safe road use test must be passed before the qualification can be awarded;

• “relevant qualification certificate” means a certificate issued by a relevant awarding authority which certifies that the person to whom it has been issued has been awarded a relevant qualification;

• “safe road use test” means an examination the content of which is set out in regulation 40B(ZA1);

• “Safe Road User Award” means the qualification of that name which is awarded by the Scottish Qualifications Authority before 1st May 2010;]

• “standard access period" means the period of two years commencing on the date when a person passes a test for a licence authorising the driving of standard motor bicycles of any class, other than a class included in the sub-category A1, but disregarding—

  (a)

  any period during which the person is disqualified under section 34 F7 or 35 F8 of the Offenders Act,

  (b)

  in a case where the person has been disqualified under section 36 of the Offenders Act F9 , the period beginning on the date of the court order under subsection (1) of that section and ending on the date when the disqualification is deemed by virtue of that section to have expired in relation to standard motor bicycles of that class,

  (c)

  in a case where the Secretary of State has revoked the person’s licence or test pass certificate under section 3(2) of, or Schedule 1 to, the Road Traffic (New Drivers) Act 1995 F10 , the period beginning on the date of the notice of revocation under that Act and ending on the date when the person passes the relevant driving test within the meaning of that Act, and

  (d)

  any period during which the licence has ceased to be in force;

• “working day" means [F11 (other than in regulation 35)] a day other than a F12 ... 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 [F13 the Banking and Financial Dealings Act 1971]F14 ).

Textual Amendments

F1 Words in reg. 22 substituted (1.5.2010) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 6(a)

F2 Words in reg. 22 inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 4(a) (with reg. 22)

F3 Words in reg. 22 substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 5 (with reg. 33)

F4 Words in reg. 22 inserted (1.5.2010) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 6(b)

F5 Words in reg. 22 inserted (1.4.2006) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2006 (S.I. 2006/524), regs. 1(2), 4

F6 Words in reg. 22 inserted (1.5.2010) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 6(c)

F7 Amended by section 29 of the 1991 Act and section 3(2) of the Aggravated Vehicle-Taking Act 1992 (c. 11).

F8 Amended by paragraph 95 of Schedule 2 of the 1991 Act.

F9 Section 36 was substituted by section 32 of the 1991 Act and amended by the 1996 Regulations and the Deregulation (Exchangeable Driving Licences) Order 1998 (S.I. 1998/1917).

F10 1995 c. 13.

F11 Words in reg. 22 inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 4(b) (with reg. 22)

F12 Word in reg. 22 omitted (1.11.2005) by virtue of The Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005 (S.I. 2005/2717), regs. 1, 4

F13 Words in reg. 22 substituted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 4(b) (with reg. 22)

F14 1971 c. 80.