Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Motor Vehicles (Driving Licences) Regulations 1987 ( “the 1987 Regulations”).
Section 36 of the Road Traffic Offenders Act 1988 (as substituted by section 32 of the Road Traffic Act 1991, which came into force on 1st July 1992) sets out the circumstances in which a court will or may order a person to be disqualified until he passes “the appropriate driving test”. The appropriate driving test is either an ordinary driving test or one of extended duration, depending on the circumstances of the disqualification. Regulation 10 of these Regulations amends regulation 20 of the 1987 Regulations so that the latter sets out the requirements for the extended driving test (in a new paragraph (2)) and the circumstances in which a disqualification until test passed will be deemed to have expired (in new paragraphs (3) and (4)). The new paragraph (5) replaces the now revoked paragraph (6) and proviso to paragraph (1).
For the avoidance of doubt regulations 10(1)(b) and 11 of these Regulations amend regulations 20(1) and 21(1) of the 1987 Regulations to make it clear that a test of competence to drive cannot be taken on a class of vehicle included in category B plus E, C1 plus E or D1 plus E. A person is automatically entitled to drive such classes of vehicle on passing a test on a vehicle included in category B, C1 or D1.
As with an ordinary driving test, the fee payable for an extended test is higher if the test is to be taken on a Saturday as opposed to a weekday. The fees prescribed for an extended driving test are higher than those prescribed for an ordinary test. Regulation 9 of these Regulations deals with fees.
Only the Secretary of State for Defence or an examiner appointed by the licensing authority — in effect, the Driving Standards Agency — can conduct extended driving tests: see regulation 4 of these Regulations.
Regulations 3, 5, 6, 7, 8 and 13 of these Regulations make consequential amendments to the 1987 Regulations in the light of the new section 36 of the Road Traffic Offenders Act 1988. Regulation 12 goes further than making consequential amendments only. It amends regulation 23E of the 1987 Regulations so that—
a person who held a provisional licence immediately before 1st December 1990 and who exchanges or has exchanged that licence for a full one entitling him to drive vehicles in category B is exempt from the restriction imposed by section 98(3)(c) of the Road Traffic Act 1988 provided, after the exchange he is not disqualified until he passes the appropriate driving test;
a person who was a provisional entitlement holder immediately before 1st December 1990 is no longer to be exempt from the restriction imposed by section 98(3)(c) of the Road Traffic Act 1988 if he is disqualified until he passes the appropriate driving test; and
a person who is disqualified until he passes the appropriate driving test is exempt from the restriction imposed by section 97(3)(e) and the requirement imposed by section 89(2A) of the Road Traffic Act 1988 provided, before the date on which he is disqualified, he has passed a test on either a moped or a motorcycle.