The Motor Vehicles (Driver Testing and Vehicle Load) Regulations 2013

• Citation: S.I. 2013/1753
• Sections: 5

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Motor Vehicles (Driver Testing and Vehicle Load) Regulations 2013 and come into force on 15th August 2013.

(2) These Regulations extend to Great Britain except that regulation 3 extends to Great Britain and Northern Ireland and in so far as it relates to regulation 3 regulation 5 also extends to Northern Ireland.

Section 2 Amendment of the Motor Vehicles (Driving Licences) Regulations 1999

(1) The Motor Vehicles (Driving Licences) Regulations 1999 are amended as follows.

(2) In regulation 3 (interpretation)—

(a) after the definitions of “Group 1 licence” and “Group 2 licence”, insert—

“ IBC ” means an intermediate bulk container, being one single sealed container—

made of plastic or metal;

designed for the storage and transport of fluids;

with a capacity of 1,000 litres;

having its capacity clearly marked on its exterior; and

filled to capacity with water;

(b) after the definition of “extended driving test”, insert—

“fire engine” means a category C motor vehicle that is being used—

in England or Wales, by a fire and rescue authority (as determined under section 1 of the Fire and Rescue Services Act 2004 ); or

in Scotland, by the Scottish Fire and Rescue Service (as established under section 1A of the Fire (Scotland) Act 2005 ;

(c) after the definition of “traffic commissioner”, insert—

“training load” means a load consisting of—

an IBC; or

training load packages that are all marked with the same nominal quantity by weight;

“training load package” means a product packaged in a transparent sealed bag so that the combination of the product and the individual bag in which it is packed is either or both of the following—

a “package” to which the Weights and Measures (Packaged Goods) Regulations 2006 “the 2006 Regulations” or the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 “the 2011 Regulations” apply, and—

is marked in accordance with the requirements of regulation 5(1) of the 2006 Regulations or the 2011 Regulations as the case may be;

is marked with its nominal quantity by weight in accordance with regulation 8 of the 2006 Regulations or the 2011 Regulations as the case may be; and

that nominal quantity by weight so marked on the package is no less than 10kg; or

a “prepackage” to which Council Directive 76/211/EEC applies, and—

is marked in accordance with points 3.1 and 3.2 of Annex I to that Directive; and

the nominal quantity by weight so marked on the prepackage is no less than 10kg;

(3) In regulation 37 (test vehicles)—

(a) in paragraphs (1) and (2), where the words “the Table” appear, substitute “Table 1”;

(b) in sub-paragraphs (a), (b), and (c) of paragraph (3), where the words “the table” appear, substitute “Table 1”;

(c) for paragraph (7), substitute—

(7) A person submitting himself for a practical test prescribed in respect of category B+E, C, C+E, D, or D+E shall provide a vehicle which is not carrying goods or burden other than either or both of the following—

(a) fixed items which are characteristic of the class to which it belongs;

(b) any load carried in accordance with paragraph (7A).

(d) after paragraph (7), insert—

(7A) A person submitting himself for a practical test prescribed in respect of any of the categories or sub-categories shown in column 1 of Table 2 at the end of this regulation—

(a) may, during the period beginning with 15th August 2013 and ending with 14th November 2013, provide a vehicle which—

(i) is carrying a load of the nature and weight shown in column 2 of Table 2, in relation to that category or sub-category and description of vehicle; and

(ii) is loaded in such a way that the person authorised to conduct the test can visually assess the weight of the load without the load being disturbed;

(b) shall, on or after 15th November 2013, provide a vehicle which—

(i) is carrying a load of the nature and weight shown in column 2 of Table 2, in relation to that category or sub-category and description of vehicle; and

(ii) is loaded in such a way that the person authorised to conduct the test can visually assess the weight of the load without the load being disturbed.

(e) in paragraph (12), where the words “the table” appear, substitute “Table 1”;

(f) after paragraph (12), before the table , for the heading “TABLE”, substitute “Table 1”; and

(g) after Table 1, as so re-named by sub-paragraph (f), insert—

Load requirements for test vehicles

(1) Category or sub-category and description of vehicle

(2) Nature and weight of load required to be carried on the vehicle or trailer or both.

C

(a) fire engine

C

(b) other motor vehicles

C+E

(a) articulated goods vehicle combination

C+E

(b) combination of a minimum test vehicle for category C and a trailer

Section 3 Amendment of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007

(1) Regulation 5A (further requirements at tests: initial CPC test) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 is amended as follows.

(2) In paragraph (2A) , for the words “the table in regulation 37”, substitute “Table 1 in regulation 37”.

(3) In sub-paragraph (2A)(a), for the words “the table in that regulation 37”, substitute “Table 1 in that regulation 37”.

(4) After sub-paragraph (2A)(a), insert—

(ab) may, during the period beginning with 15th August 2013 and ending with 14th November 2013, where the relevant vehicle provided is one which falls within a category or sub-category and description shown in column 1 of Table 2 in that regulation 37, carry a load of the nature and weight specified in column 2 in respect of the category or sub-category and description within which the vehicle falls;

(ac) shall, on or after 15th November 2013, where the relevant vehicle provided is one which falls within a category or sub-category and description shown in column 1 of Table 2 in that regulation 37, carry a load of the nature and weight specified in column 2 in respect of category or sub-category and description within which the vehicle falls;

(5) For the first entry in column 1 of the table after sub-paragraph (2A)(c), substitute—

The vehicle shall not be carrying goods or burden other than either or both of the following—

(a) any load carried in accordance with regulation 37(7A) of the Driving Licences Regulations for that category or sub-category and description of vehicle;

(b) any fixed items which are characteristic of the category or sub-category to which it belongs.

Section 4 Amendment of the Goods Vehicles (Licensing of Operators) Regulations 1995

In Part I of Schedule 3 to the Goods Vehicles (Licensing of Operators) Regulations 1995 (classes of vehicle for which a licence is not required), after paragraph 29, insert—

(30) A vehicle in a category or sub-category listed in column 1 of Table 2 in regulation 37 of the Motor Vehicles (Driving Licences) Regulations 1999, provided that—

(a) no goods are being carried on the vehicle or trailer other than any that may be carried on the vehicle for the purposes of a practical test of driving skills and behaviour, as prescribed in that regulation 37;

(b) any goods that are being carried on the vehicle or trailer are being carried only for the purposes of driver instruction and not otherwise—

(i) for hire or reward, or

(ii) for or in connection with any trade or business; and

(c) the vehicle is—

(i) being used for the instruction of a driver who has not passed a test of competence to drive that class of vehicle under section 89 of the Road Traffic Act 1988;

(ii) proceeding to or from a test of competence to drive that class of vehicle under section 89 of the Road Traffic Act 1988 or being used in such a test; or

(iii) being used in the course of—

(aa) a driving lesson for the purpose of enabling a person to obtain a CPC within the meaning of the Vehicle Drivers (Certificate of Professional Competence) Regulations 2007;

(bb) periodic training as defined in regulation 2(1) of the Vehicle Drivers (Certificate of Professional Competence) Regulations 2007; or

(cc) an initial CPC test as defined in regulation 2(1) of the Vehicle Drivers (Certificate of Professional Competence) Regulations 2007;

Section 5 Review

(1) The Secretary of State must from time to time—

(a) carry out a review of regulations 2 to 4,

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how point 5.2 of Annex II to Directive 2006/126/EC and sections 2 and 3 of Annex I to Directive 2003/59/EC (which are partially implemented by regulation 3) are implemented in other member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the enactments amended by those regulations,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning with 19th January 2013.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.