Explanatory note

These Regulations amend the Motor Vehicles (Driving Licences) Regulations 1999 (“the 1999 Regulations”) in relation to tests of competence to drive as follows.

Regulations 3 and 7 rectify discrepancies in certain paragraph references made in regulations 3A and 40C of the 1999 Regulations.

Regulation 4(a) provides that the requirement for a person submitting himself for a manoeuvres test, or a practical test, for a licence authorising the driving of a motor vehicle of a class included in category AM (mopeds and light quadricycles) or A (motor bicycles) to produce to the examiner before the test commences a valid certificate of completion of an approved training course for riders of such vehicles may be satisfied by production of the Northern Ireland equivalent of such a certificate.

Regulation 4(b) restates paragraph (8A) of regulation 38 of the 1999 Regulations with the addition of wording to provide that the requirement (for a person submitting himself for a practical test in relation to a vehicle of a class included in category AM or A) to produce to the examiner before the test commences a “manoeuvres test pass certificate” may be satisfied by production of the Northern Ireland equivalent of such a certificate. It also rectifies a discrepancy in a paragraph reference made in paragraph (8A).

Regulation 5 revokes provisions of the 1999 Regulations which refer to a person attending at a theory test with an interpreter, and to the giving of advance notice to examiners of a need for language assistance at a test.

Regulation 6 provides that the requirement for a person to pass the manoeuvres test in relation to a vehicle in category AM or A before taking a practical test in relation to such a vehicle may be satisfied by the passing of the Northern Ireland equivalent of such a manoeuvres test for such vehicles.

Regulation 8 restates paragraphs (5) (a) (ii) and (iii) of regulation 43 of the 1999 Regulations with the addition of wording to provide that if a driver with a category B licence (cars) has a Northern Ireland equivalent of a valid “certificate of completion of an approved training course for motor cyclists” then that licence will also authorise the driving of vehicles in categories Q (low speed two wheeled vehicles), or AM, if certain criteria are satisfied. It clarifies, for such certificates of completion furnished in Great Britain after the driving test is passed, that the certificate must be valid when furnished.

Regulations 9 and 10 implement in part Commission Directive 2014/85/EU (OJ No L 194, 2.7.14, p.40) which amends Directive 2006/126/EC of the European Parliament and of the Council on driving licences. Regulation 9 implements paragraph 1(a) of the Annex to the Directive by adding “safe driving in road tunnels” to the list of specified matters which a candidate may be tested on in the theory test. Regulation 10 implements paragraph 1(c) to (e) of the Annex to the Directive by adding more items to the list of specified requirements, in relation to behaviour in traffic, which a candidate may be tested on in the practical or unitary test.

An Impact Assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. An Explanatory Memorandum and a Transposition Note are published alongside the instrument on www.legislation.gov.uk.

The Directive referred to above is published at http://eur-lex.europa.eu.