The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008

Citation and commencement U.K.

1.  These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 and shall come into force for the purposes of regulations 7(a) and (b) and 12 on 29^th September 2008 and for all other purposes on 1^st April 2008.

Amendment of the Motor Vehicles (Driving Licences) Regulations 1999 U.K.

2.  The Motor Vehicles (Driving Licences) Regulations 1999 M1 are amended in accordance with regulations 3 to 12.

Marginal Citations

M1 S.I. 1999/2864 (in these footnotes the “1999 Regulations”); relevant amending instruments are S.I. 2000/3157, S.I. 2002/2641, S.I. 2003/2003, S.I. 2004/265, S.I. 2004/3028, S.I. 2004/3168, S.I. 2005/1975, S.I. 2005/2929 (W.214) (in relation to Wales), S.S.I. 2005/344 (in relation to Scotland) and S.I. 2007/698.

3.  In regulation 23 (persons by whom theory tests may be conducted)—

(a) in paragraph (1) omit sub-paragraph (d);

(b) in paragraphs (3) and (8) for “sub-paragraphs (b), (c), (d) or (e) of paragraph (1)” substitute “ sub-paragraphs (b), (c), (da), (db), (e) or (f) of paragraph (1) ”; and

(c) in paragraph (5) for “paragraph (b), (c), (d) or (e) of paragraph (1)” substitute “ sub-paragraphs (b), (c), (da), (db), (e) or (f) of paragraph (1) ”.

4.  In regulation 24 (persons by whom practical and unitary tests may be conducted)—

(a) in paragraph (3) for “sub-paragraphs (b), (c), (d) or (f) of paragraph (1)” substitute “ sub-paragraphs (b), (ca), (cb), (d), (f) or (g) of paragraph (1) ”; and

(b) in paragraph (5) for “sub-paragraph (b), (c), (d) or (f) of paragraph (1)” substitute “ sub-paragraphs (b), (ca), (cb), (d), (f) or (g) of paragraph (1) ”.

5.  In regulation 30 (fees for theory tests)—

(a) for paragraph (1) 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 £32.00.”; and

(b) for paragraph (2) substitute—

“(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 £30.00.”.

6.  In regulation 35 (fees in respect of practical or unitary tests)—

(a) in paragraph (1) for “regulation 24(1)(b), (c), (d), or (f)” substitute “ regulation 24(1)(b), (ca), (cb), (d), (f) or (g) ”;

(b) in paragraph (2) for “paragraphs (4) and (5)” substitute “ paragraphs (3ZA), (4) and (5) ”;

(c) in paragraph (3) for “paragraph (4)” substitute “ paragraphs (3ZA) and (4) ”; and

(d) after paragraph (3), insert—

“(3ZA) 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 where the application is made on or after 1st April 2008 (and which, in the case of a test for a licence authorising the driving of a motor vehicle of a class included in category A, sub-category A1 or category P only, is to be conducted on or before 28th September 2008), to the Table in Part 1 of Schedule 5; and;

(b) in the case of a test which is for a licence authorising the driving of a motor vehicle of a class included in category A, sub-category A1 or category P and which is to be conducted on or after 29^th September 2008, to the Table in Part 2 of Schedule 5.”.

7.  In regulation 40 (nature of tests other than extended tests)—

(a) in sub-paragraph (7)(a) before “the person” insert “ subject to sub-paragraph (aa) ” and omit “and” in the second place where it occurs;

(b) after sub-paragraph (7)(a) insert—

“(aa) in the case of a test for a licence authorising the driving of a class of vehicle included in category A or P, the person taking the test undertakes the activities and manoeuvres specified in paragraphs 7 to 15 of section D of Part I of Schedule 8 on a special testing ground, and”; and

(c) in paragraph (8A)—

(i) for sub-paragraph (a) substitute—

“(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) 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

(ii) have a duration of 70 minutes or, in the circumstances specified in paragraph (9), 140 minutes;”; and

(ii) for paragraph (b) substitute—

“(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) 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

(ii) have a duration of 57 minutes or, in the circumstances specified in paragraph (9), 114 minutes.”.

8.  In regulation 47 (evidence of result of theory test) for paragraph (8) substitute—

“(8) A person authorised to conduct theory tests by virtue of sub-paragraphs (b), (c), (da), (db), (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, of £21.00 per form; and

(b) in respect of a motor vehicle in a category of A, B or P, of £18.50 per form.”.

9.  In regulation 48 (evidence of the result of practical or unitary test) in paragraph (3) for “sub-paragraphs (b), (c), (d) or (f) of regulation 24(1)” substitute “ sub-paragraphs (b), (ca), (cb), (d), (f) or (g) of regulation 24(1) ”.

10.  For Part 1 of Schedule 3 (licence fees) substitute the Part 1 set out in Schedule 1 to these Regulations.

11.  For Schedule 5 substitute the schedule set out in Schedule 2 to these Regulations.

12.  In Schedule 8 (specified requirements for practical or unitary test) in section D of Part I—

(a) omit paragraph 6; and

(b) after paragraph 9 insert—

“10.   Execute a slalom manoeuvre at slow speed.

11.   Execute a figure of eight manoeuvre at slow speed.

12.   Drive the vehicle at a steady walking pace, as if in slow moving traffic, making correct use of the vehicle to maintain a good level of balance.

13.   Execute a manoeuvre avoiding an obstacle whilst driving the vehicle at a speed of no less than -

(a) 31.25 miles per hour, in the case of a vehicle in category A; or

(b) 18.75 miles per hour, in the case of a vehicle in category P.

14.   Execute a further manoeuvre whilst driving the vehicle in second or third gear and at a speed of no less than 18.75 miles per hour.

15.   Execute two braking exercises, one of which must be an emergency stop, whilst driving the vehicle at a speed of no less than -

(a) 31.25 miles per hour, in the case of a vehicle in category A; or

(b) 18.75 miles per hour, in the case of a vehicle in category P.”

Signed by authority of the Secretary of State

Rosie Winterton

Minister of State

19th February 2008

Department for Transport

We approve the making of these Regulations

Alan Campbell

Dave Watts

Two of the Commissioners of Her Majesty's Treasury

25th February 2008