The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010

• Citation: S.I. 2010/1203
• Sections: 24

Section 1 Citation, commencement and interpretation

(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 .

Section 2 Amendment of the principal Regulations

The principal Regulations shall be amended in accordance with the following regulations.

Section 3 Interpretation

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);

Section 4 Interpretation

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

Section 5 Meaning of “qualified driver”

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.

(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;

Section 6 Interpretation of Part III

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 pursuant to section 2(1) of the Education (Scotland) Act 1996 ;

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 under section 24(2)(g) or 30(1)(e) of the Education Act 1997 ;

a qualification accredited by the Welsh Ministers under section 30(1)(e) of the Education Act 1997 ;

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 (“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) 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;

(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;

Section 7 Appointment of persons to conduct tests

After regulation 22 after the heading “Appointment of persons to conduct tests” insert—

Persons by whom safe road use test may be conducted

(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.

Section 8 Appointment of persons to conduct tests

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).

Section 9 Appointment of persons to conduct tests

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”.

Section 10 Appointment of persons to conduct tests

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.

Section 11 Applications for tests

After regulation 25A (as inserted by these Regulations), under the heading “applications for tests” insert—

Applications for safe road use tests

(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.

Section 12 Applications for tests

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”.

Section 13 Applications for tests

In regulation 27 (applications for theory tests: motor bicycle instructors) in paragraph (1)(d) for “regulation 30” substitute “regulation 30(2)”.

Section 14 Applications for tests

In regulation 28 (applications for theory tests: large vehicle instructors) in paragraph (1)(d) for “regulation 30” substitute “regulation 30(1)”.

Section 15 Applications for tests

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.

Section 16 Applications for tests

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.

(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

Section 17 Applications for tests

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.

Section 18 Nature of tests

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.

Section 19 Nature of tests

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)”.

Section 20 Nature of tests

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.

(d) in paragraph (6), for “paragraphs (1) and (2)” substitute “paragraphs (ZA1), (1), (1A) and (2)”.

Section 21 Passing the test

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.

(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.

Section 22 Passing the test

After regulation 46 (entitlement upon passing an appropriate driving test), under the heading “Test Results”, insert—

Results of safe road use test and validity of certificates

(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 or 35 of the Offenders Act,

(c) on the date on which that person is disqualified by order of a court under section 36 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 ,

whichever is the earliest.

Section 23 Passing the test

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)”.

Section 24 Requirements for practical test

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”.