Explanatory note

These Regulations amend the Motor Vehicles (Driving Licences) Regulations 1999 (S.I. 1999/2864, “the 1999 Regulations”) to provide that the off road elements of the practical driving test for large vehicles and those with heavy trailers shall be defined as a separate part of the practical test as the ‘large vehicle off road manoeuvres test’. The large vehicle off road manoeuvres tests can be conducted, in addition to DVSA examiners, by a new category of 3rd party examiners that can be appointed by the Secretary of State, defined as a ‘large vehicle off road manoeuvres test examiner’.

Regulation 3 amends regulation 3 of the 1999 Regulations to introduce definitions necessary to allow for the operation of the manoeuvres test, and clarify that the large vehicle off road manoeuvres test now forms an additional part of the practical test.

Regulation 4 amends regulation 22 of the 1999 Regulations to provide that a large vehicle off road manoeuvres test examiner can now be included in the definition of “appointed person”, and to clarify that a DVSA examiner can conduct large vehicle off road manoeuvres tests.

Regulation 5 amends regulation 24 of the 1999 Regulations to provide for the mechanism by which large vehicle off road manoeuvres test examiners can be appointed.

Regulation 6 amends regulation 25 of the 1999 Regulations to provide for the mechanism by which large vehicle off road manoeuvres test examiners can have their appointment revoked.

Regulation 7 amends regulation 31 of the 1999 Regulations to provide for the requirements for applications for large vehicle off road manoeuvres test conducted by large vehicle off road manoeuvres test examiners made in person, and clarify that no application may be made to a large vehicle off road manoeuvres test provider who has provided any form of instruction in any capacity to the applicant in person.

Regulation 8 amends regulation 33 of the 1999 Regulations to provide for the requirements for applications for large vehicle off road manoeuvres tests conducted by DVSA examiners made in person.

Regulation 9 introduces a new regulation 33A into the 1999 Regulations to provide for the requirements for applications for large vehicle off road manoeuvres tests conducted by large vehicle off road manoeuvres test examiners made by large vehicle instructors, and clarifies that no application may be made to a large vehicle off road manoeuvres test provider who has provided any form of instruction in any capacity to the applicant in person.

Regulation 10 amends regulation 34 of the 1999 Regulations to provide for the minimum length of time a person must wait after failing a large vehicle off road manoeuvres test before they can apply for another large vehicle off road manoeuvres test; one calendar day.

Regulation 11 amends regulation 35 of the 1999 Regulations to provide for large vehicle off road manoeuvres tests to be included in relevant updates to fee arrangements made in future.

Regulation 12 amends regulation 36 of the 1999 Regulations to provide for the amount of notice required to be given by a person to the large vehicle off road manoeuvres test provider where they wish to cancel their large vehicle off road manoeuvres test; three working days.

Regulation 13 amends regulation 37 of the 1999 Regulations to provide for the requirements for the test vehicle used in a manoeuvres test.

Regulation 14 amends regulation 38 of the 1999 Regulations to provide for further requirements that a person must comply with at a large vehicle off road manoeuvres test.

Regulation 15 amends regulation 39 of the 1999 Regulations to provide that an examiner can refuse to conduct a large vehicle off road manoeuvres test, in addition to other tests, in the same types of prescribed circumstances as other tests.

Regulation 16 amends regulation 40 of the 1999 Regulations to provide that the test for a licence authorising the driving of a motor vehicle of a class included in category C, C + E, D or D + E, shall, save for some additional prescribed exceptions, be conducted in four parts, namely: large vehicle test of driving theory, large vehicle test of hazard perception, large vehicle off road manoeuvres test, and a practical test of driving skills and behaviour, and a person taking such a test must pass all four parts.

Regulation 17 amends regulation 40A of the 1999 Regulations to require a person to have passed the large vehicle off road manoeuvres test before they are able to apply and take the remainder of the practical test.

Regulation 18 amends regulation 40B of the 1999 Regulations to clarify where a large vehicle off road manoeuvres test can be taken.

Regulation 19 amends regulation 40C of the 1999 Regulations to specify the manoeuvres and activities that comprise a large vehicle off road manoeuvres test are those that have been listed in the new Schedule 8B.

Regulation 20 amends regulation 43 of the 1999 Regulations to provide that large vehicle off road manoeuvres test passed in vehicles with automatic transmission or adapted on account of a disability can only, once the balance of the test is passed, authorise driving of vehicles with automatic transmission or adaptions on account of a disability respectively.

Regulation 21 amends regulation 48 of the 1999 Regulations to provide for a new pass certificate and statement of failure applicable to a large vehicle off road manoeuvres test, and clarify when such documents are not valid for the purposes of the Road Traffic Act 1988 and/or 1999 Regulations.

Regulation 22 amends Schedule 8 to the 1999 Regulations to remove the necessary off-road elements from the practical test.

Regulation 23 introduces a new Schedule 8B to the 1999 Regulations to reproduce the off-road elements removed from Schedule 8 into a new Schedule 8B applicable to large vehicle off road manoeuvres tests.

Regulation 24 introduces a new Schedule 10E to the 1999 Regulations to provide the form of the pass certificate and statement of failure applicable to a large vehicle off road manoeuvres test.

Regulation 25 provides for the Secretary of State to undertake a review of the regulatory provisions contained in these Regulations firstly after five years, and then on a five yearly basis after that.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is still being prepared because of the urgency with which these measures have been progressed. Once completed, a copy of the impact assessment will be available from the Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR and on www.legislation.gov.uk.

An Explanatory Memorandum is published alongside these Regulations on www.legislation.gov.uk.