Citation and commencement

1. —(1) These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 2006.

(2) Regulation 9(3) shall come into force on 1st July 2007 and all other regulations shall come into force on 1st April 2006.

Amendment of the Motor Vehicles (Driving Licences) Regulations 1999

2.The Motor Vehicles (Driving Licences) Regulations 1999( 2 ) are further amended in accordance with regulations 3 to 9.

3. —(1) Regulation 17 (meaning of “qualified driver”) is amended as follows.

(2) For paragraph (3)(c) to (f) and the Table substitute—

“ (c) “relevant licence” means, subject to sub-paragraph (d), a full licence authorising—

(i) the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder, and

(ii) where sub-paragraph (f) applies—

(aa) where that class of vehicle is included within any sub-category specified in column 1 of the table at the end of this regulation, the driving of vehicles in the sub-category specified in column 2 which is opposite that sub-category, or

(bb) where sub-paragraph (aa) does not apply, the driving of vehicles in the category specified in column 2 of that table which is opposite the category specified in column 1 that includes the class of vehicle being driven by the provisional licence holder;

(d) in the case of a disabled driver who holds a licence authorising the driving of vehicles in category B, a relevant licence must authorise the driving of vehicles other than vehicles in sub-category B1 or B1 (invalid carriages);

(e) a person has relevant driving experience if—

(i) where sub-paragraph (c)(i) only applies, he has held the relevant licence for a period of 3 years, or

(ii) where sub-paragraph (c)(ii) applies, he has held the relevant licence authorising the driving of vehicles—

(aa) of the same class as the vehicle being driven by the provisional licence holder for a minimum period of 1 year, and

(bb) in the category or sub-category specified in column 2 described in sub-paragraph (c)(ii) for a minimum period of 3 years;

(f) this sub-paragraph applies where—

(i) a person holds a full licence authorising the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder;

(ii) that class is included in a category or sub-category specified in column 1 of the table at the end of this regulation, and

(iii) that person has held that licence for less than a minimum period of 3 years;

(g) for the purposes of sub-paragraphs (e) and (f), the minimum period of time for holding a full licence may be met either by holding that licence continuously for that period or for periods amounting in aggregate to not less than that period.

4. In regulation 22 (interpretation of Part 3) after the definition of “motor bicycle instructor” insert—

“ “motor car instructor” means a person operating an establishment for providing instruction in the driving of vehicles included in category B, including an establishment which provides tuition to prepare persons for the theory test; ” .

5. —(1)Regulation 26 (applications for theory tests: applicants in person) is amended as follows.

(2) For paragraph (1)(c) omit from “in the case of an application” to “day of the test and”.

(3) In paragraph (3), for “regulation 27 or 28” substitute “regulation 27, 28 or 28A”.

6. After regulation 28 (applications for theory tests: large vehicle instructors) insert the following new regulation—

“ Applications for theory tests: motor car instructors

28A —(1) A motor car instructor who wishes to make an appointment for a theory test prescribed in respect of motor vehicles in category B to be conducted by an appointed person and to be taken by a person who has, or will have, received from that instructor tuition to prepare him for the theory test shall—

(a) apply for such an appointment to the appointed person, specifying the date and time of the appointment which the instructor wishes to reserve and the place where he wishes the test to be conducted,

(b) provide such details relating to himself, the establishment and nature of the test as the appointed person may reasonably require,

(c) pay the fee (recoverable from the person nominated under paragraph (4)) specified in regulation 30.

(2) The appointed person may refuse to accept an application from a motor car instructor (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 theory tests.

(3) Subject to paragraphs (2) and (5), upon receipt of such details and such fee the appointed person shall confirm to the motor car instructor the date and time of the appointment.

(4) If, before the expiration of the qualifying period, the appointed person receives from the motor car instructor the name and such further details relating to—

(a) the person receiving tuition from that instructor who will at the appointment submit himself for that test, and

(b) the nature of the test,

as the appointed person may reasonably require, the appointed person shall make the arrangements necessary for the taking of the appropriate test.

(5) A person nominated by a motor car instructor pursuant to paragraph (4) for a theory test prescribed in respect of any category may neither be so nominated nor apply under regulation 26 for a further appointment for such a test unless—

(a) the appointment made pursuant to the first nomination has been cancelled, or

(b) the test due on that appointment does not take place for any reason other than cancellation, or

(c) he has kept that appointment (whether or not the test is completed).

(6) The qualifying period for the purposes of paragraph (4) is the period ending at 16.00 hours on the day which allows one clear working day to elapse between that day and the day for which the appointment is made. ”

7. —(1)Regulation 30(1) (fees for theory tests) is amended as follows.

(2) For “motor car” substitute “motor vehicle”.

(3) For “where the test is to be conducted”, in both places substitute “where the application is made”.

8. In regulation 35(3A) (fees in respect of practical or unitary tests) for “in the case of a test to be conducted” in both places substitute “in the case of an application made”.

9. —(1)Regulation 37 (test vehicles) is amended as follows.

(2) After paragraph (10B) insert—

“ (10C) A person submitting himself for a practical test prescribed in respect of category C or C+E shall provide a motor vehicle in which any seat which is used by the person conducting the test and any seat used by any person authorised by the Secretary of State to attend the test for the purpose of supervising it or otherwise, are each fitted with a properly anchored and functioning two or three-point seat belt.

(10D) 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 motor vehicle which is fitted with an exterior nearside mirror and an exterior offside mirror providing adequate rearward vision from the seat occupied by the person conducting the test. ”

(3) In paragraph (10C), for “C or C+E” substitute “C, C+E, D or D+E”.