The Motor Vehicles (Driving Licences) Regulations 1999

Changes over time for: Section 35

Version Superseded: 15/11/2021

Alternative versions:

Status:

Point in time view as at 01/11/2021. This version of this provision has been superseded.

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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), [F4(cc), (cd)] (d), (f) or (g)] [F5or (2)(b)] [F6or approved under regulation 24(1)(ce)(ii) or (cf)(ii)].

(2) Subject to [F7paragraphs (3ZA), [F8(3ZB), F9...] (4) and (5)], in the case of a practical or unitary test which—

(a)is to be conducted by a [F10DVSA 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 [F11paragraphs (3ZA) [F12(3ZB), F13...] and (4)], in the case of a practical or unitary test which—

(a)is to be conducted by a [F14DVSA 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.

[F15(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 [F16DVSA 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 [F17AM or A],

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

F18(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19(3ZB) Subject to [F20paragraph (4)], in the case of a manoeuvres test or practical test which—

(a)is to be conducted by a [F21DVSA 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 [F22AM or A],

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

F23(3ZC)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F24(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 [F25AM,] A, B, F, G , H [F26or K] or subcategory A1 F27... 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.]

[F28(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) inserted (1.11.2021) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2021 (S.I. 2021/1128), regs. 1(2), 8(a)

F5Words 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)

F6Words 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)

F7Words 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)

F8Words 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)

F9Words 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)

F10Words in reg. 35(2)(a) substituted (1.4.2014) by The Driving Standards Agency and the Vehicle and Operator Services Agency (Merger) (Consequential Amendments) Regulations 2014 (S.I. 2014/480), regs. 1, 6(7)

F11Words 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)