Statutory Instruments
Road Traffic
Made
6th April 2010
Laid before Parliament
8th April 2010
Coming into force
For all purposes other than regulation 24
1st May 2010
For the purpose of regulation 24
4th October 2010
The Secretary of State for Transport makes these Regulations in exercise of the powers conferred by sections 89(3)(1), (4)(2) and (5)(3), 91(b)(4), and 105(1), (3) and (4)(5) of the Road Traffic Act 1988(6) and, in the case of regulations 12 to 15, with the approval of the Treasury in accordance with section 105(4) of the 1988 Act.
The Secretary of State for Transport has consulted with representative organisations in accordance with section 195(2) of the 1988 Act.
The Secretary of State for Transport, in exercising the powers conferred by section 89(4)(b) of the 1988 Act, has taken into account the functions and matters specified in respect of that section in the Department of Transport (Fees) Order 1988(7).
1.—(1) These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 2010.
(2) The Regulations shall come into force on 1st May 2010 other than for the purposes of regulation 24 which shall come into force on 4th October 2010.
(3) In these Regulations, the “principal Regulations” means the Motor Vehicles (Driving Licences) Regulations 1999(8).
2. The principal Regulations shall be amended in accordance with the following regulations.
3. In regulation 3 (interpretation), in paragraph (1), after the definition of “1985 Act” insert—
““abridged standard test of driving theory” means the test described in regulation 40B(1A);”.
4. In regulation 3A (meaning of “theory test”) in paragraph (1)—
(a)at the end of sub-paragraph (aa) omit “and”; and
(b)after sub-paragraph (aa) insert—
“(ab)the part of a test which consists of the abridged standard test of driving theory and the standard test of hazard perception where the test is to be conducted in—
(i)three parts by virtue of regulation 40(2B); or
(ii)two parts by virtue of regulation 40(2C); and”.
5. In regulation 17 (meaning of “qualified driver”)—
(a)in paragraph (1) for “paragraph (2)” substitute “paragraphs (2) and (2A)”;
(b)after paragraph (2) insert—
“(2A) For the purposes of supervising the holder of a provisional licence driving a vehicle of a class included in sub-category C1, C1+E, D1 or D1+E (“the learner vehicle”) which the holder is authorised to drive by that licence, a person is not a qualified driver unless that person has, in addition to meeting the requirements specified in paragraph (1), passed a test in which the vehicle used in the practical test fell within the same sub-category as that of the learner vehicle.”; and
(c)in paragraph (3)—
(i)at the beginning of sub-paragraph (e) add “subject to sub-paragraph (ea),”; and
(ii)after sub-paragraph (e) insert—
“(ea)a period before 1st May 2010 during which a person (“the supervising driver”) has held a licence authorising the driving of vehicles included in sub-category C1, C1+E, D1, or D1+E may only be taken into account in assessing whether the supervising driver has the relevant driving experience to supervise the holder of a provisional licence driving such a vehicle, if the supervising driver has passed a test before 1st May 2010 in which the vehicle used for the practical test fell within one of those sub-categories;”.
6. In regulation 22 (interpretation of Part III)—
(a)for the definition of “appointed person” substitute—
““appointed person” means—
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
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;”;
(b)after the definition of “DSA examiner” insert—
““educational qualification” means—
a qualification awarded by the Scottish Qualifications Authority(9) pursuant to section 2(1) of the Education (Scotland) Act 1996(10);
a qualification accredited by the Scottish Qualifications Authority pursuant to section 3(1) of the Education (Scotland) Act 1996;
a qualification accredited by the Qualifications and Curriculum Authority(11) under section 24(2)(g) or 30(1)(e) of the Education Act 1997(12);
a qualification accredited by the Welsh Ministers under section 30(1)(e) of the Education Act 1997(13);
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(14) (“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
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)(15) 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;”; and
(c)after the definition of “motor car instructor” insert—
““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;”.
7. After regulation 22 after the heading “Appointment of persons to conduct tests” insert—
22A.—(1) Subject to the provisions of this regulation, a safe road use test may only be conducted by—
(a)a person (including a relevant awarding authority) appointed in writing for that purpose by the Secretary of State; or
(b)a person or class of persons appointed by a relevant awarding authority for the purpose of testing persons taking a safe road use test as part of a relevant qualification.
(2) No relevant awarding authority shall be eligible to appoint any person or class of persons under paragraph (1)(b) unless, following an application made to the Secretary of State for the purpose of that paragraph, the Secretary of State is satisfied in relation to such an appointment that—
(a)proper arrangements will be made by the authority for the conduct of the test in accordance with these Regulations; and
(b)proper records of the tests and the results of the tests will be kept by the authority,
and has granted approval in writing to the authority making the appointments, the approval to be subject to such conditions as the Secretary of State thinks fit to impose.
(3) An appointment made under paragraph (1)(a) may be made subject to such conditions as are, in the opinion of the Secretary of State, reasonably necessary in the general interests of candidates.
(4) The Secretary of State may vary any conditions imposed under paragraphs (2) or (3) by notice in writing given to the appointed person or to the relevant awarding authority in the case of an approval granted under paragraph (2).
(5) No person, or member of a class of persons appointed by virtue of paragraph (1)(b), may conduct tests unless the Secretary of State has approved the appointments in writing and such approval shall be granted only if the Secretary of State is satisfied that that person is, or the members of that class of persons are, capable of making a proper assessment of a candidate’s knowledge of the matters in Schedule 7 Part 2 other than the excepted matters.
22B.—(1) The Secretary of State shall, on request, supply (by electronic or other means) a test set to any relevant awarding authority.
(2) In this regulation, a “test set” means a set of the information and materials necessary for the conduct of the safe road use test, for each person taking the test.”.
8. In regulation 23 (persons by whom theory tests may be conducted)—
(a)at the beginning of paragraph (1) insert “Subject to paragraph (8A).”; and
(b)after paragraph (8) insert—
“(8A) A person appointed under sub-paragraph (da), (db), (e) or (f) of paragraph (1) shall not conduct a theory test within the meaning of regulation 3A(1)(ab).”.
9. In regulation 23A(4)(a) for “theory test questions and film clips, each” substitute “the information and materials necessary for the conduct of that test, including the film clips”.
10. After regulation 25 (revocation of authority to conduct tests) insert—
“25A.—(1) The Secretary of State may revoke—
(a)an appointment made under regulation 22A(1)(a), or
(b)an approval given under regulation 22A(2),
by notice in writing and the authority of the person whose appointment or approval is revoked to conduct safe road use tests or, as the case may be, to appoint others to do so shall cease upon the date specified in the notice.”.
11. After regulation 25A (as inserted by these Regulations), under the heading “applications for tests” insert—
25B.—(1) Subject to paragraph (4), a relevant awarding authority which is approved under regulation 22A(2) but which is not an appointed person may apply to an appointed person for an appointment for a safe road use test in respect of a person seeking to attain a relevant qualification (“the candidate”).
(2) An application made under paragraph (1) shall specify the date, time and location of the appointment sought and provide the name and such further details relating to—
(i)the candidate who is to attend the appointment to take the test, and
(ii)whether the candidate has special needs,
as the appointed person may reasonably require.
(3) Subject to paragraph (4), upon receipt of such details the appointed person shall confirm to the relevant awarding authority the date and time of the appointment.
(4) The appointed person may refuse to accept an application from a relevant awarding authority (or, where two or more applications have been made on the same occasion, to accept all or any of those applications) where any appointment specified in the application is unavailable or where, in the opinion of the appointed person, it is reasonably necessary to do so in the general interests of applicants for safe road use tests.
(5) Subject to paragraph (6), no application may be made for an appointment on behalf of a person who has failed to pass a safe road use test if less than three working days, commencing with the day after the first test, would expire before the day on which the subsequent test would take place.
(6) Paragraph (5) shall not apply in a case where the appointed person has given notice, prior to the first test, that an appointment for a subsequent test would be accepted without the interval referred to in that paragraph having expired.”.
12. In regulation 26 (applications for theory tests: applicants in person) in paragraph (1)(c) for “the fee specified in” substitute “the appropriate fee as specified in”.
13. In regulation 27 (applications for theory tests: motor bicycle instructors) in paragraph (1)(d) for “regulation 30” substitute “regulation 30(2)”.
14. In regulation 28 (applications for theory tests: large vehicle instructors) in paragraph (1)(d) for “regulation 30” substitute “regulation 30(1)”.
15. In regulation 30 (fees for theory tests)—
(a)at the beginning of paragraph (2) insert “Subject to paragraph (3),”; and
(b)after paragraph (2) insert—
“(3) The fee payable for a theory test within the meaning of regulation 3A(1)(ab) is £24.”.
16. In regulation 38 (further requirements at tests)—
(a)before paragraph (1) insert—
“(ZA1) A person submitting to a safe road use test (“the candidate”) to be conducted by an appointed person shall be accompanied by a person who is employed by a school, college or other body which has responsibility for the candidate or that candidate’s undertaking of that test.”; and
(b)in paragraph (3)(a)—
(i)omit “and” at the end of sub-paragraph (ii); and
(ii)after that sub-paragraph insert—
“(iia)where the test is a theory test within the meaning of regulation 3A(1)(ab), produce a valid qualification award certificate or a valid relevant qualification certificate, as appropriate; and”.
17. In regulation 39 (examiner’s right to refuse to conduct test) before paragraph (1) insert—
“(ZA1) An appointed person shall refuse to conduct a safe road use test where the requirement in regulation 38(ZA1) is not met.”.
18. In regulation 40 (nature of tests other than extended tests) for paragraph (2) substitute—
“(2) Subject to paragraph (2C), the test for a licence authorising the driving of a motor vehicle of a class included in category B shall be conducted in accordance with either paragraph (2A) or paragraph (2B).
(2A) A test conducted in accordance with this paragraph shall consist of two parts, namely—
(a)the standard test of driving theory and the standard test of hazard perception, and
(b)the practical test,
and a person taking such a test must pass both parts.
(2B) A test conducted in accordance with this paragraph shall consist of three parts, namely—
(a)the safe road use test,
(b)the abridged standard test of driving theory and the standard test of hazard perception, and
(c)the practical test,
and a person taking such a test must pass all three parts.
(2C) Where a person has been issued with a valid qualification award certificate, the test for a licence authorising the driving of a motor vehicle included in category B shall be conducted in two parts, namely—
(a)the abridged standard test of driving theory and the standard test of hazard perception, and
(b)the practical test,
and a person taking such a test must pass both parts.”.
19. In regulation 40A, in paragraph (1), after “two parts” insert “pursuant to regulation 40(2A) or (2C) or consists of three parts pursuant to regulation 40(2B)”.
20. In regulation 40B (content of the tests)—
(a)before paragraph (1) insert—
“(ZA1) The safe road use test shall—
(a)be conducted as an approved form of examination and test a candidate’s knowledge of the matters in Schedule 7 Part 2, other than the excepted matters;
(b)have a duration of 30 minutes or, in the circumstances specified in paragraph (6), 60 minutes.”;
(b)in paragraph (1) in sub-paragraph (a), for “candidate on” substitute “candidate’s knowledge and understanding of”;
(c)after paragraph (1) insert—
“(1A) The abridged standard test of driving theory shall—
(a)be conducted as an approved form of examination with the questions testing a candidate’s knowledge and understanding of the matters specified in Part 2 of Schedule 7; and
(b)have a duration of 40 minutes or, in the circumstances specified in paragraph (6), 80 minutes.”; and
(d)in paragraph (6), for “paragraphs (1) and (2)” substitute “paragraphs (ZA1), (1), (1A) and (2)”.
21. In regulation 40C (passing the test)—
(a)before paragraph (1) insert—
“(ZA1) A person (“the candidate”) shall be treated as having passed the safe road use test if the candidate satisfies the person conducting the test of the candidate’s knowledge of the matters in Schedule 7 Part 2 other than the excepted matters.”; and
(b)after paragraph (1) insert—
“(1A) A candidate shall be treated as having passed the theory test described in regulation 3A(1)(ab) if the candidate satisfies the person conducting the test—
(a)in respect of the abridged standard test of driving theory, of the candidate’s knowledge and understanding of the matters specified in Part 2 of Schedule 7; and
(b)in respect of the standard test of hazard perception, that the candidate’s performance in the test demonstrates an ability to perceive hazards on the road.”.
22. After regulation 46 (entitlement upon passing an appropriate driving test), under the heading “Test Results”, insert—
46A.—(1) The person conducting a safe road use test shall arrange for the test to be marked on the day it was undertaken and shall upon completion of the marking of the test furnish the person who undertook it with notification of the result of that test.
(2) A qualification award certificate or a relevant qualification certificate shall be valid for the purposes of regulation 38(3)(a)(iia) for a period commencing on the date of the certificate and ending—
(a)three years later,
(b)on the date on which the person to whom the certificate is issued is disqualified by order of a court under section 34(16) or 35(17)of the Offenders Act,
(c)on the date on which that person is disqualified by order of a court under section 36(18) of the Offenders Act until that person passes an appropriate driving test, or
(d)on the date on which that person’s driving licence is revoked under section 3 of the New Drivers Act 1995(19),
whichever is the earliest.”.
23. In regulation 47 (evidence of result of theory test: vehicles other than category C or D) in paragraph (1) for “40(2)(a)” substitute “40(2A)(a), (2B)(b) or (2C)(a)”.
24. In Schedule 8 (specified requirements for practical or unitary test), in Part 2 (practical test: categories B and B+E), in section D (technical control of the vehicle), in paragraph 5(a) for “any two” substitute “one or more”.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
6th April 2010
We approve the making of these Regulations
Dave Watts
Tony Cunningham
Two of the Lords Commissioners
of her Majesty’s Treasury
6th April 2010
(This note is not part of the Regulations)
These Regulations amend the Motor Vehicles (Driving Licences) Regulations 1999.
The Regulations—
(a)introduce an abridged standard test of driving theory (“abridged theory test”) and make amendments in consequence (regulations 3, 4, 8(b) (in part), 12, 13, 15, 16(b), 18, 19, 20(c) and (d), 21(b) and 22 (in part));
(b)provide, in respect of cars, for a two part test of competence to drive (the first part being the abridged theory test, together with the standard test of hazard perception, and the second part being the practical test) for those holding a Safe Road User Award qualification awarded before the Regulations come into force and make amendment in consequence (regulations 4 (in part), 6(c) (in part), 18 (in part), 19 (in part) and 23 (in part));
(c)provide for a safe road use test, taken as part of an educational qualification, to form part of a three part test of competence to drive (the second part being the abridged theory test, together with the standard test of hazard perception, and the third part being the practical test) and provide for the content of the test and make amendment in consequence (regulations 4 (in part), 6(b) (in part), and (c), (in part), 18 (in part), 19 (in part), 20(a) (in part) and (d) (in part), 21(a) and 23 (in part));
(d)provide that a person supervising the holder of a provisional licence when learning to drive a medium size lorry or a minibus must themselves have passed a driving test in the same, or an equivalent, type of vehicle (regulation 5);
(e)provide for the conduct of the safe road use test by a person appointed by the Secretary of State (“appointed person”) (regulation 6(a) and 7 (in part));
(f)provide for any body awarding or authenticating educational qualifications which include a safe road use test (a “relevant awarding authority”) to appoint further persons or classes of persons to conduct safe road use tests, where the Secretary of State has approved the relevant awarding authority for that purpose (regulations 6(c) (in part) and 7 (in part));
(g)provide for the supply by the Secretary of State of materials and information required for the conduct of the safe road use test (regulation 7 (in part));
(h)provide that certain persons appointed to conduct theory tests are not to conduct the abridged theory test (regulation 8);
(i)make an amendment in consequence of the driving theory tests for cars, motorcycles and mopeds not being required to consist of questions (regulation 9);
(j)provide for the revocation of the appointment of an appointed person and for the revocation of an approval given to a relevant awarding authority to appoint persons or classes of person to conduct safe road use tests (regulation 10);
(k)provide that a relevant awarding authority may apply, on behalf of candidates, for safe road use tests to be conducted by an appointed person and require that a person who has failed that test must wait for at least three working days before retaking the test (regulation 11);
(l)provide that the fee for a car driving theory test is £24 where that test includes the abridged theory test and make amendments in consequence (regulations 12 to 15);
(m)require those submitting to the conduct of a safe road use test by an appointed person to be accompanied by a responsible person and require those submitting to a car driving theory test, if holding a valid certificate relating to the Safe Road User Award or the safe road use test, to produce such certificate (regulation 16);
(n)provide that an examiner must refuse to conduct a safe road use test if the person submitting to the test is not accompanied by a responsible person (regulation 17);
(o)provide for marking and furnishing of results in relation to the safe road use test and for the validity of qualification certificates (regulation 22); and
(p)reduce the minimum number of specified reversing manoeuvres (reversing in a straight line and round a corner, turn in the road and parking) having to be performed in the practical test of competence to drive for cars from one to two (regulation 24).
Full impact assessments of the effects that this instrument will have on the costs of business and the voluntary sector are available from the Driving Standards Agency, The Axis Building, 112 Upper Parliament Street, Nottingham, NG1 6LP or from the Agency’s website, www.dsa.gov.uk.
The assessments are annexed to the Explanatory Memorandum which is available alongside this instrument on the OPSI website, www.opsi.gov.uk.
Copies of the assessments have been placed in the library of each House of Parliament.
Section 89(3) was amended by the Road Traffic Act 1991 (c.40), Schedule 4, paragraph 63 and by the Road Safety Act 2006 (c.49) (“the 2006 Act”), section 36.
Section 89(4) was amended by the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974), Schedule 1, and by the 2006 Act, section 36.
Section 89(5) was amended by the 2006 Act, section 36 and Schedule 7.
Section 91 was amended by the 2006 Act, section 36.
Section 105(4) was amended by the Driving Licences (Community Driving Licence) Regulations 1998 (S.I. 1998/1420), regulations 2 and 10.
S.I. 1988/643; relevant amending instrument is S.I. 1995/1684. The functions and matters are specified in columns (2) and (3) of item 5 in Table III (Road Traffic Act 1988) of Schedule 1 and in Schedule 2 to the Order.
S.I. 1999/2864, relevant amending instruments are S.I. 2002/2641, 2003/2003, 2006/524, 2007/698, 2008/508 and 1435, 2009/788 and 2362.
The Scottish Qualifications Authority was established by the Scottish Qualifications Authority (Establishment) (Scotland) Order 1996 (S.I. 1996/2248 (S.180)).
The Qualifications and Curriculum Authority was established under section 21(1) of the Education Act 1997 (c.44). Section 21 is repealed, from a date to be appointed, by the Apprenticeships, Skills, Children and Learning Act 2009 (c.22), Schedule 12, paragraphs 12 and 13 and Schedule 16, Part 4.
Section 24(2) was amended by the Learning and Skills Act 2000 (c.21), section 103(1) and (2) and by the Education and Skills Act 2008 (c.25) (the “2008 Act”), section 161(1), (2) and (3) and is repealed, from a date to be appointed, by the Apprenticeships, Skills, Children and Learning Act 2009 (c.22) (the “2009 Act”), Schedule 12, paragraphs 12 and 13 and Schedule 16, Part 4. Substituted provisions for section 30(1) were inserted by S.I. 2005/3239 (W.244) and the subsection was further amended by the 2008 Act, sections 162(1), (2) and (3). Section 30(1) is further substituted by the 2009 Act, Schedule 12, paragraphs 12 and 15, from a date to be appointed. Functions under section 30(1)(e) of the Education Act 1997 are conferred on the Qualifications and Curriculum Authority by subsection (1C) of that section, as originally inserted by S.I. 2005/3239 (W.244) and then substituted by section 162(1), (2) and (4) of the 2008 Act. Section 30(1C) is omitted, from a date to be appointed, by the 2009 Act, Schedule 12, paragraphs 12 and 15.
Functions under section 30(1)(e) are conferred on the Welsh Ministers by subsection (1B) of that section as inserted by section 162(1), (2) and (4) of the 2008 Act. Section 30(1B) is omitted, from a date to be appointed, by the 2009 Act, Schedule 12, paragraphs 12 and 15.
The Office of Qualifications and Examinations Regulation is established under section 127 of the 2009 Act. Section 127 will be brought into force from a date to be appointed under section 269 of the 2009 Act
Functions under section 30(1) of the Education Act 1997, as substituted by the 2009 Act, are exercisable solely by the Welsh Ministers by virtue of section 30(1B) of that Act, also as substituted by the 2009 Act, Schedule 12, paragraphs 12 and 15.
Section 34 was amended by the Road Traffic Act 1991 (c.40), section 29(1) to (4); by the Aggravated Vehicle Taking Act 1992 (c.11), section 3(2); by the Powers of Criminal Courts (Sentencing) Act 2000 (c.6), Schedule 9, paragraph 121; by the Police Reform Act 2002 (c.30), section 56(3) and Schedule 8; by the Road Safety Act 2006 (c.49), section 25(2); by the Serious Crime Act 2007 (c.27), section 63(1) and Schedule 6, Part 1, paragraph 15(b); by the Criminal Proceedings etc. (Reform)(Scotland) Act 2007 (asp 6), the Schedule, paragraph 7(d) and by S.I. 2007/3480, article 2(1)(b).
Section 35 was amended by the Road Traffic Act 1991 (c.40), Schedule 4, paragraph 95; by the Serious Crime Act 2007 (c.27), section 63(1) and Schedule 6, part 1, paragraph 15(c); by the Powers of Criminal Courts (Sentencing) Act 2000 (c.6), Schedule 9, paragraph 22 and by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), the Schedule, paragraph 7(d).
Section 36 was amended by the Road Safety Act 2006 (c.49), section 9(6) and Schedule 2, paragraphs 2 and 7 and by S.I. 1996/1974 and 1998/1917.
1995 c.13; section 3 was amended by the Crime (International Co-operation) Act 2003, section 91(1) and Schedule 5, paragraphs 45 and 47 and by the Road Safety Act 2006, section 5(1) and Schedule 1, paragraphs 24 and 26(1) to (5).