Statutory Instruments
ROAD TRAFFIC
Made
5th March 2007
Laid before Parliament
8th March 2007
Coming into force
for all regulations other than regulation 11 and 14
2nd April 2007
for the purpose of regulation 11
1st May 2007
for the purpose of regulation 14
1st July 2007
The Secretary of State for Transport makes these Regulations in exercise of the powers conferred by sections 89(3), (4) and (5), 92(2), 97(1), 105(1), (2), (3) and (4) of the Road Traffic Act 1988(1) and by virtue of the Department of Transport (Fees) Order 1988(2) and the Department for Transport (Driver Licensing and Vehicle Registration Fees) Order 2003(3) and with the approval of the Treasury(4).
The Secretary of State for Transport has consulted with representative organisations in accordance with section 195(2) of the Road Traffic Act 1988.
1.—(1) These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 2007 and shall come into force for the purposes of regulation 11 on 1st May 2007, for the purposes of regulation 14 on 1st July 2007 and for all other purposes on 2nd April 2007.
2. The Motor Vehicles (Driving Licences) Regulations 1999(5) are amended in accordance with regulations 3 to 14.
3. In regulation 23 (persons by whom theory tests may be conducted)—
(a)in paragraph (1)(e) after “passenger-carrying vehicles” insert—
“, or
(f)an eligible person appointed by a company which—
(i)has been approved by the Secretary of State, and
(ii)is the holder of a goods vehicle operator’s licence,
for the purpose of conducting, in respect of eligible candidates, theory tests in respect of any class of goods vehicles.”.
(b)in paragraph (9)—
(i)for sub-paragraph (i) in the definition of “eligible candidate” substitute—
“(i)a person who is employed as a driver by the company which holds the PSV licence where paragraph (1)(e) applies, or the goods vehicle operator’s licence where paragraph (1)(f) applies, or by a sister company of that company which holds a licence of the same description, or;”.
(ii)for the definition of “eligible person” substitute—
““eligible person” means a person employed by the company which holds the PSV licence where paragraph (1)(e) applies, or the goods vehicle operator’s licence where paragraph (1)(f) applies, or by a sister company of that company which holds a licence of the same description, or;”.
(iii)after “Companies Act 1985” insert—
““goods vehicle operator’s licence” means the holder of an operator’s licence within the meaning of section 58(1) of the Goods Vehicles (Licensing of Operators) Act 1995(6).”.
4. In regulation 24 (persons by whom practical and unitary tests may be conducted), in paragraph (1)(f), after “passenger-carrying vehicles” insert—
“, or
(g)an eligible person appointed by a company which—
(i)has been approved by the Secretary of State, and
(ii)is the holder of a goods vehicle operator’s licence,
for the purpose of conducting, in respect of eligible candidates, practical tests in respect of any class of goods vehicles.”.
5. For regulation 30 (fees for theory tests) substitute—
“(1) The fee payable for a theory test to be conducted by an appointed person in respect of a motor vehicle in a category of C or D is—
(a)where an application is made on or after 2nd April 2007 and the test is conducted before 1st April 2008, £32.00; and
(b)for a test to be conducted on or after 1st April 2008, £45.00.
(2) The fee payable for a theory test to be conducted by an appointed person in respect of a motor vehicle in a category of A, B or P is—
(a)for a test to be conducted before 3rd September 2007, £21.50; and
(b)for a test to be conducted on or after 3rd September 2007, is £28.50.”.
6. In regulation 34 (eligibility to reapply for practical or unitary test) in paragraph (3)(a) after “category” insert “B+E,”.
7. In regulation 35 (fees in respect of practical or unitary tests)—
(a)in paragraph (2) after the word “paragraphs” omit “(3A),”,
(b)in paragraph (3) for “paragraphs (3A) and” substitute “paragraph”, and
(c)omit paragraph (3A).
8. In regulation 38 (further requirements at tests) after paragraph (5) insert—
“(5A) A person submitting himself for a theory test, practical test or unitary test who produces a licence which fails to satisfy the person conducting the test, after an examination or otherwise, that it is an appropriate licence as required under paragraph (3)(a)(i) or (5)(a) must surrender the licence forthwith to the person conducting the test.”.
9. In regulation 40 (nature of tests other than extended tests)—
(a)In paragraph (7) for sub-paragraph (b) substitute—
“(b)the time during which that person is required to drive on roads is—
(i)in the case of a test, taken before 1st September 2008, for a licence authorising the driving of a class of vehicle included in category C, C1, D or D1, not less than 50 minutes;
(ii)in the case of a test, taken on or after 1st September 2008, for a licence authorising the driving of a class of vehicle included in category C, C1, D or D1, not less than 60 minutes;
(iii)in the case of a test for a licence authorising the driving of a class of vehicle included in category B+E, C1+E, C+E, D1+E or D+E, not less than 50 minutes; and
(iv)in the case of any other test, not less than 30 minutes.”.
(b)For paragraph (8A) substitute—
“(8A) The test of driving theory shall—
(a)in the case of a test for a licence authorising the driving of a class of vehicle included in a category of C or D—
(i)where the test is conducted before 1st April 2008—
(aa)be conducted as an approved form of examination consisting of 60 questions, the questions being in either a multiple choice or multiple response form and testing a candidate on the specified matters in accordance with Schedule 7; and
(bb)have a duration of 70 minutes or, in the circumstances specified in paragraph (9), 140 minutes;
(ii)where the test is conducted on or after 1st April 2008—
(aa)be conducted as an approved form of examination consisting of 100 questions, the questions being in either a multiple choice or multiple response form and testing a candidate on the specified matters in accordance with Schedule 7; and
(bb)have a duration of 115 minutes, or in the circumstances specified in paragraph (9), 230 minutes;
(b)in the case of a test for a licence authorising the driving of a class of vehicle included in a category of A, B or P—
(i)where the test is conducted before 3rd September 2007—
(aa)be conducted as an approved form of examination consisting of 35 questions, the questions being in either a multiple choice or multiple response form and testing a candidate on the specified matters in accordance with Schedule 7; and
(bb)have a duration of 40 minutes or, in the circumstances specified in paragraph (9), 80 minutes;
(ii)where the test is conducted on or after 3rd September 2007—
(aa)be conducted as an approved form of examination consisting of 50 questions, the questions being in either a multiple choice or multiple response form and testing a candidate on the specified matters in accordance with Schedule 7; and
(bb)have a duration of 57 minutes or, in the circumstances specified in paragraph (9), 114 minutes.”.
10. In regulation 47 (evidence of result of theory test) for paragraph (8) substitute—
“(8) A person authorised to conduct theory tests by virtue of paragraphs (b), (c), (d), (e), or (f) of regulation 23(1) or regulation 23(2)(b) shall issue theory test pass certificates using forms supplied by the Secretary of State who may make a charge—
(a)in respect of a motor vehicle in a category of C or D—
(i)where the order is received before 1st April 2008, £21.00 per form,
(ii)where the order is received on or after 1st April 2008, £29.00 per form; and
(b)in respect of a motor vehicle in a category of A, B or P where the order is received on or after 3rd September 2007, £18.50 per form.”.
11. For Part 1 of Schedule 3 (licence fees) substitute the Part 1 set out in Schedule 1 to these Regulations.
12. For Parts 1 and 2 of the table in Schedule 5 (fees for practical and unitary tests) substitute the Schedule set out in Schedule 2 to these Regulations.
13. In regulation 73 (disabilities prescribed in respect of Group 2 licences)—
(a)after paragraph 3(b) insert—
“(c)in the case of any other person, a standard of visual acuity (with the aid of corrective lenses if necessary) of at least 6/9 in the better eye and at least 6/12 in the worse eye and, if corrective lenses are necessary, an uncorrected acuity of at least 3/60 in both eyes.”.
(b)In Table 2 omit the second entry in column (1) and the second entry in column (2).
14. In regulation 5 of the Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2003(7) omit paragraph (6).
Signed by authority of the Secretary of State
S.J. Ladyman
Minister of State
Department for Transport
28th February 2007
We approve the making of these Regulations
Dave Watts
Alan Campbell
Two of the Commissioners of Her Majesty’s Treasury
5th March 2007
Regulation 11
Regulation 14
| No. | Description of licence and circumstances of application | Fee payable |
|---|---|---|
1 | A first licence | £45 |
2 | A provisional licence granted following the revocation of a licence under the Road Traffic (New Drivers) Act 1995(8) | £45 |
3 | A photocard licence granted in exchange for a licence not in the form of a photocard licence which is still in force excluding a licence falling within any other paragraph in this Table | £10 |
4 | A licence granted in exchange for a licence still in force or in place of a licence which has been revoked or a Community licence which is required to be delivered to the Secretary of State, except— (b) a licence granted following the revocation of a licence under section 93(1)(11) of the Traffic Act or the delivery of a Community licence to the Secretary of State under 99C(1) or (3)(12) of the Traffic Act, (c) a licence which the Secretary of State is required to grant free of charge under section 93(2)(13), or 99(7ZA)(14) or 99C(2) of the Traffic Act, (d) a licence granted to reflect additional driving entitlement of the licence holder not shown by the licence submitted in exchange, or (e) a licence falling within any other paragraph in this Table | £22 |
5 | A licence granted by way of replacement of a lost or defaced licence | £22 |
6 | A licence granted upon the expiry of a period of disqualification imposed by a court under section 34 or 35 of the Offenders Act(15)— (a) in the circumstances prescribed under section 94(4)(16) of the Traffic Act, or (b) otherwise than in those circumstances, and in this paragraph the reference to a period of disqualification imposed by a court under section 34 of the Offenders Act includes a period of disqualification reduced by an order of the court under section 34A(17)of that Act | £85 £60 |
7 | A provisional licence, other than a first licence, granted following disqualification ordered by a court under section 36(18) of the Offenders Act, whether or not the court also made an order under section 34 or 35 of that Act— (a) in the circumstances prescribed under section 94(4) of the Traffic Act, or (b) otherwise than in other circumstances | £85 £60 |
8 | A provisional Group 2 licence granted to a person who, by virtue of an order under section 117(2)(b) or 117A(2)(b)(19) of the Traffic Act, is disqualified from holding or obtaining a full licence until he passes the prescribed test of competence | £60 |
9 | A licence granted following disqualification ordered by a court under section 39A of the Child Support Act 1991(20) | £60 |
10 | A licence granted following disqualification ordered by a court under section 40 of the Crime (Sentences) Act 1997(21) | £60 |
11 | A licence granted following disqualification ordered by a court under section 146 or 147 of the Power of Criminal Courts (Sentencing) Act 2000(22) | £60” |
Regulation 12
Regulation 35
Fees for tests where the application is made on or after 2nd April 2007
| (1) Category or sub-category of vehicle | (2) Test, other than extended driving test commencing: | (3) Extended driving test commencing: | ||
|---|---|---|---|---|
| (a) During normal hours | (b) Out of hours | (a) During normal hours | (b) Out of hours | |
| 1.A1, A and P | £60.00 | £70.00 | £120.00 | £140.00 |
| 2. B1, B, F, G, H and K | £48.50 | £58.00 | £97.00 | £116.00 |
| 3. B+E, C1, C1+E, D1, D1+E, C, C+E, D and D+E | £89.00 | £107.00 | - | -” |
(This note is not part of the Regulations)
These Regulations amend the Motor Vehicles (Driving Licences) Regulations 1999 (S.I. 1999/2864) (“the principal Regulations”).
Regulations 3 and 4 amend the principal Regulations so as to allow the holders of goods vehicle operator licences, within the meaning of the Goods Vehicle (Licensing of Operators) Act 1995, to employ examiners to conduct theory, practical and unitary driving tests for large goods vehicles for their employees.
Regulation 5 amends the principal Regulations so as to increase the amount charged by the Secretary of State
for those taking the theory test in respect of a car or a motorcycle from 3 September 2007 from £21.50 to £28.50. This fee represents a percentage increase of 32.6% and the fees were last increased on 1 April 2006;
for those applying to take the theory test in respect of a lorry or a bus from £21.50 to £32.00 for tests booked from 2 April 2007 and taken before 1 April 2008. This fee represents a percentage increase of 48.8%; and for those applying to take the theory test in respect of a lorry or a bus from 1 April 2008 from £32.00 to £45.00. This fee represents a percentage increase of 40.6%. The fees were last increased on 1 April 2006.
Regulation 6 amends the principal Regulations so as to reduce, from 10 to 3 working days, the minimum period that category B+E drivers (broadly a car plus large trailer) must wait following an unsuccessful test before they become eligible to re-take the test.
Regulations 7 and 12 and Schedule 2 amend the principal Regulations so as to amend the fees payable upon application for a practical or unitary driving test where the test is booked on or after 2 April 2007. The following tables show the fee, including the new fees for motorcycle and moped tests, with the percentage increase in brackets (where relevant). The last increase was in respect of tests conducted from 1 April 2006.
| Type of Vehicle | Test commenced during normal hours | Test commenced at any other time |
|---|---|---|
Motor bicycles and mopeds | £60.00 (3.4%) | £70.00 (2.9%) |
Motor cars, tractors and other minor categories | £48.50 (-) | £58.00 (-) |
Lorries, buses and vehicle-plus-trailer combinations | £89.00 (-) | £107.00 (-) |
| Type of vehicle | Test commenced during normal hours | Test commenced at any other time |
|---|---|---|
| Motor bicycles and mopeds | £120.00 (3.4%) | £140.00 (2.9%) |
| Motor cars, tractors and other minor categories | £97.00 (-) | £116.00 (-) |
Regulation 8 amends the principal Regulations so as to provide that candidates for a driving test who fail to satisfy the examiner that the licence they have produced is an appropriate licence, within the meaning of paragraph 10 of regulation 38 of the principal Regulations (broadly a licence which is valid at the date of the test and which bears the signature of the person submitting himself for the test), have to surrender the licence to the examiner.
Regulation 9(a) amends the principal Regulations so as to provide that from 1 September 2008 the on-road driving time during a practical test in a bus or lorry is increased by 10 minutes to 60 minutes. Regulation 9(b), concerning the multiple choice questions taken as part of the theory test and the duration of the test, amends the principal Regulations so as to provide that for a bus or lorry test taken before 1 April 2008, the multiple choice questions are increased from 35 to 60 over 70 minutes duration. Candidates with reading difficulties have 140 minutes duration. For a lorry or bus test taken on or after 1 April 2008 the multiple choice questions are increased from 60 to 100 over 115 minutes duration, or 230 minutes duration for candidates with reading difficulties. For motorcycle and car tests, from 3 September 2007, the multiple choice questions are increased from 35 to 50 over 57 minutes duration or 114 minutes duration for candidates with reading difficulties. For motorcycle and car tests conducted before 3 September 2007 the number of questions and the duration are unchanged.
Regulation 10 amends the principal Regulations so as to increase the amount the Secretary of State may charge examiners, other than a Driving Standards Agency examiner, for the supply of theory test pass certificates. For a bus or lorry test, where an order is received on or after the coming into force of these Regulations but before 1 April 2008, the fee is increased from £14 to £21 per form, and for orders received on or after 1 April 2008, the fee is increased to £29. The fee represents a percentage increase of 50% and 38.1% respectively. The fees were last increased on 1 April 2006. For a motorcycle or car test where the order is received on or after 3 September 2007, the fee is increased from £14.00 to £18.50 per form. This fee represents a percentage increase of 32.1% and the fees were last increased on 1 April 2006.
Regulation 11 and Schedule 1 amend the principal Regulations so as to substitute a new Part 1 of Schedule 3 to the principal Regulations in order to specify revised fees payable upon an application for a driving licence made on or after 1 May 2007. The following table shows the new fees with the percentage increase in brackets. The fees were last increased on 1 March 2004.
| Paragraph in Schedule 3 specifying a type of licence and the circumstances of the application | Fee payable on application after 1 May 2007 (Fee payable formerly (£)) | % increase (decrease) | |
|---|---|---|---|
| 1 | A first licence (as defined in Part 2 of Schedule 3). | 45 (38) | 18.4% |
| 2 | A provisional licence (as detailed). | 45 (38) | 18.4% |
| 3 | A photocard licence granted in exchange for a licence not in the form of a photocard licence which is still in force excluding a licence falling within any other paragraph in the Table | 10 (19) | (47.3)% |
| 4 | A licence granted on exchange (as detailed) | 22 (19) | 15.8% |
| 5 | A replacement licence (as detailed) | 22 (19) | 15.8% |
| 6 | A licence following disqualification (as detailed)- (i) when granted to a “high risk offender”, or (ii) in other cases | 85 (75) 60 (50) | 13.3% 20.0% |
| 7 | A provisional licence following disqualification (as detailed)- (i) when granted to a “high risk offender”, or (ii) in other cases | 85 (75) 60 (50) | 13.3% 20.0% |
| 8 | A provisional Group 2 licence (as detailed) | 60 (50) | 20.0% |
| 9 | A licence following disqualification (as detailed) | 60 (50) | 20.0% |
| 10 | A licence following disqualification (as detailed) | 60 (50) | 20.0% |
| 11 | A licence following disqualification (as detailed) | 60 (50) | 20.0% |
Regulation 13 concerns the minimum standard of visual acuity to be met by bus and lorry drivers. The principal Regulations introduced a requirement that they should have a Snellen chart reading of at least 6/9 in the better eye and 6/12 in the worse eye, and if corrective lenses are necessary, to have an uncorrected acuity of at least 3/60 in both eyes. The Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 (S.I. 2003/166) amended this requirement and inadvertently removed the reference to this eyesight standard for first time applicants for bus and lorry driving licence entitlements. Regulation 13 amends regulation 73 of the principal Regulations so as to restore the requirement for all licence applicants and holders to meet the higher vision acuity standard.
The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2003 (S.I. 2003/2003) introduced a requirement into the principal Regulations which exempted test vehicles first used before 1 October 2003, from the requirement to meet the specifications and descriptions contained in the table at the end of Regulation 37 of the principal Regulations. Regulation 14 amends the principal Regulations so as to remove this exemption from 1 July 2007.
All the regulations come into force on 2 April 2007 except for regulation 11 (licence fees) which comes into force on 1 May 2007 and regulation 14 (exemption of vehicles from test requirements) which comes into force on 1 July 2007.
The fees in these Regulations have been set further to the Department of Transport (Fees) Order 1988 (S.I. 1988/643, relevant amending instruments are S.I. 1995/1684, 1996/1961), which established a common pool for costs incurred in respect of the functions of the Secretary of State in relation to tests of competence to drive motor vehicles, and to the Department for Transport (Driver Licensing and Vehicle Registration Fees) Order 2003 (S.I 2003/2994), which established a common pool for costs incurred in respect of various vehicle registration functions, and various driver licensing functions of the Secretary of State. In accordance with the terms of the two Orders, in setting the levels of fees further to this Order, the Secretary of State has taken into account the costs within those common pools.
These Regulations are made in conjunction with the Motor Cars (Driving Instruction) (Amendment) Regulations 2007. Full regulatory impact assessments of the effect the amendments at regulations 2 to 10, 12 and 14 and Schedule 2 will have on the costs of business are available from the Driving Standards Agency, Stanley House, 56 Talbot Street, Nottingham NG1 5GU and on the Driving Standards Agency’s website at www.dsa.gov.uk. Regulatory impact assessments of the effect the amendments at regulation 11 and Schedule 1 will have on the costs of business are available from the Driver and Vehicle Licensing agency, Drivers Policy Group, Longview Road, Swansea, SA7 OEP or from the DVLA’s website at www.dvla.gov.uk. A full regulatory impact assessment has not been produced for the amendments at regulation 13 as no impact on the private or voluntary sectors is foreseen. The regulatory impact assessments may also be accessed on the Office of Public Information websitewww.opsi.gov.uk
1988 c.52 (in these footnotes the “1988 Act”); see section 108(1) for the definition of “prescribed” and “regulations”. Section 89(3) was amended by the Road Traffic Act 1991 (c.40) (in these footnotes the “1991 Act”), Schedule 4, paragraph 63; section 89(4) was amended by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c.22) (in these footnotes the “1989 Act”), section 7, Schedule 3, paragraph 8; section 97(1) was amended by the 1989 Act, section s 7 and 16, Schedule 3, paragraph 9 and Schedule 6; section 105(2) was amended by the Driving Licences (Community Driving Licence) Regulations 1990 (S.I. 1990/144) (in these footnotes the “1990 Regulations”), regulation 2, Schedule 1, paragraph 6 and the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974) (in these footnotes the “1996 Regulations”), regulation 2, Schedule 1, paragraph 17 and the Driving Licences (Community Driving Licence) Regulations 1998 (S.I. 1998/1420) (in these footnotes the “1998 Regulations”), regulations 2, 10 and 17; section 105(4) was amended by the 1998 Regulations, regulations 2 and 10.
S.I. 1988/643, relevant amending instruments are S.I. 1995/1684, 1996/1961.The relevant references in S.I. 1988/643 are in Schedule 1, Table III, paragraphs 5 and 5A.
As required by section 105(4) of the 1988 Act.
S.I. 1999/2864 (in these footnotes the “1999 Regulations”); relevant amending instruments are S.I. 2002/2641, S.I. 2003/166, S.I. 2004/265, S.I. 2005/1975, S.I. 2005/2717 and S.I. 2006/524.
i.e. the 1988 Act in accordance with the definition of “Traffic Act” in regulation 3 of the 1999 regulations. Section 117A was inserted by the 1996 Regulations, regulation 2, Schedule 1, paragraph 26.
Part 4 of the 1988 Act, including section 118, was substituted by the 1989 Act, section 2 and schedule 2. Section 118(4) was further amended by the 1990 Regulations, regulation 2, Schedule 3, paragraph 2.
Section 93(1)(b) was amended by the 1996 Regulations.
Section 99C was inserted by the 1996 Regulations.
Section 93(2) was amended by the 1990 Regulations.
Section 99(7ZA) was inserted by section 40 of the Road Safety Act 2006 (c.49).
i.e. the Road Traffic Offenders Act 1988 (c.53) in accordance with the definition of “Offenders Act” in regulation 3 of the 1999 Regulations. Section 34 of the Road Traffic Offenders Act was amended by the Aggravated Vehicle-Taking Act 1992 (c.11), section 3(2); by the 1991 Act, section 29; by the Powers of Criminal Courts (Sentencing) Act 2000 (c.6) (in these footnotes the “2000 Act”), section 165 and Schedule 9, paragraph 121; and by the Police Reform Act 2002 (c.30), section 56(3), section 107(2) and Schedule 8. Section 35 of the Road Traffic Offenders Act was amended by the 1991 Act, section 48 and Schedule 4, paragraph 95; and by the 2000 Act, section 165 and Schedule 9, paragraph 122.
Section 94(4) was amended by section 5(7) of the 1989 Act. The prescribed circumstances are found in regulation 74 (high risk offenders) of the 1999 Regulations.
Section 34A was inserted by section 30 of the 1991 Act.
Section 36 was substituted by section 32 of the 1991 Act and amended by the 1996 Regulations, regulation 3, Schedule 2, paragraph 3, and by the Deregulation (Exchangeable Driving Licences) Order 1998 (S.I. 1998/1917), article 3.
Part 4 of the 1988 Act, including section 117, was substituted by the 1989 Act, section 2(1) and Schedule 2. Section 117A was inserted by the 1996 Regulations.
1991 c.48. Section 39A was inserted by section 16 of the Child Support, Pensions and Social Security Act 2000 (c.19).
1997 c.43. Section 40 was amended by the 2000 Act, section 165(1) and Schedule 9, paragraph 185; the Proceeds of Crime Act 2002 (c.29), section 456 and Schedule 11, paragraph 1 and 32; and by the Criminal Justice and Court Service Act 2000 (c.43), section 74 and Schedule 7, paragraph 135 and 140.
2000 c.6. Sections 146 and 147 were amended by the Crime (International Co-operation) Act 2003 (c.32), section 91 and Schedule 5, paragraphs 72 and 73 (with respect to section 146) and 74 (with respect to section 147).