- Latest available (Revised)
- Point in Time (10/08/2005)
- Original (As made)
Version Superseded: 01/04/2006
Point in time view as at 10/08/2005. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Motor Vehicles (Driving Licences) Regulations 1999, Section 35.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
35.—(1) No fee shall be payable in respect of a practical or unitary test conducted by a person appointed under regulation [F124(1)(b), (c), (d) or (f) or (2)(b)].
(2) Subject to paragraphs [F2(3A), (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 [F3paragraphs (3A) 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.
[F4(3A) 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 to be conducted before 1st April 2006, to the Table in Part 1 of Schedule 5; and
(b)in the case of a test to be conducted on or after 1st April 2006, to the Table in Part 2 of Schedule 5.]
(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.
[F5(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.]
Textual Amendments
F1Words 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)
F2Words in reg. 35(2) substituted (10.8.2005) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2005 (S.I. 2005/1975), regs. 1, 4(a)
F3Words in reg. 35(3) substituted (10.8.2005) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2005 (S.I. 2005/1975), regs. 1, 4(b)
F4Reg. 35(3A) inserted (10.8.2005) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2005 (S.I. 2005/1975), regs. 1, 4(c)
F5Reg. 35(6) substituted (8.12.2004) by The Motor Vehicles (Driving Licences) (Amendment) (No.3) Regulations 2004 (S.I. 2004/3028), regs. 1, 3
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: