Explanatory note

These Regulations amend the Motor Vehicles (Driving Licences) Regulations 1999 (the “1999 Regulations”), the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (the “CPC Regulations”) and the Goods Vehicles (Licensing of Operators) Regulations 1995 (the “Licensing of Operators Regulations”).

These Regulations implement point 5.2 of Annex II to Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (the “2006 Directive”). This point was first drafted as an amendment to be made to Council Directive 91/439/EEC of 29 July 1991 on driving licences^f1 (the “1991 Directive”), by Commission Directive 2008/65/EC of 27 June 2008^f2, as previously amended by Commission Directive 2000/56/EC of 14 September 2000^f3. Article 17 of the 2006 Directive provided for the repeal of the 1991 Directive and for references to the 1991 Directive to be construed as references to the 2006 Directive.

Point 5.2 of Annex II to the 2006 Directive sets out the “Real Total Mass” which is required for vehicles of certain categories and combinations during practical driving tests. Real Total Mass means the total laden weight of a vehicle.

Regulation 3 also continues implementation of the requirement in sections 2 and 3 of Annex I to Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003, that the CPC test is taken on a vehicle that meets at least the requirements for test vehicles as defined in the 2006 Directive.

Regulation 2 amends the 1999 Regulations.

Regulation 2(2) inserts new definitions of “IBC”, “training load”, and “training load package”, setting out the nature of loads to be carried on vehicles used during driving tests. A new definition of “fire engine” is also inserted, as these vehicles are distinguished in Table 2 inserted by regulation 2(3).

Regulation 2(3) makes amendments that provide for test vehicles to carry the training loads, the minimum weight of the training loads to be carried, and whether the load is to be carried on the motor vehicle or the trailer, or both.

Regulation 2(3) permits such training loads to be carried during driving tests during a transitional period from 15th August 2013 and requires the loads to be carried from 15th November 2013. Regulation 39(1)(b) of the 1999 Regulations requires the examiner to refuse to conduct the test if not satisfied that these requirements are met.

Regulation 3 amends the CPC Regulations.

Regulation 3 provides for test vehicles to carry the training loads during CPC tests.

Regulation 3(4) permits such training loads to be carried during CPC tests during a transitional period from 15th August 2013 and requires the loads to be carried from 15th November 2013. Regulation 5B already requires the examiner to refuse to conduct the test if the candidate fails to comply with these requirements.

Regulation 4 amends the Licensing of Operators Regulations, exempting vehicle users from the requirement to hold an operator’s licence in relation to any goods vehicle carrying the training loads during tests, where the vehicle is being used for a practical driving test, for driving instruction or for testing or training for the CPC test.

Regulation 5 requires the Secretary of State to review the operation and effect of regulations 2 to 4 and publish a report within five years of 19th January 2013 and within every five years thereafter being the same periods prescribed in the Motor Vehicles (Driving Licences)(Amendment) Regulations 2012 S.I. 2012/977, which implemented other provisions of the 2006 Directive. Following each review it will fall to the Secretary of State to consider whether these regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke these regulations or to amend them.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum and Transposition Note alongside the instrument on www.legislation.gov.uk.