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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations amend the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007.

Those 2007 Regulations implemented Directive 2003/59/EC of the European Parliament and of the Council of 15th July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC (OJ No. L226, 10.9.2003, p.4), as amended by Directive 2004/66/EC (OJ No. L168 1.5.2004, p.35) and Directive 2006/103/EC (OJ No. L363, 20.12.2006, p.344). These Regulations make further provision in relation to matters arising out of, or related to, the obligations in that Directive.

The Regulations—

(a)

permit those providing training for the initial test of professional competence for the drivers of buses or lorries (comprising a theoretical test and a practical test) to apply for a test appointment for those they are training, provide for the refusal of applications and make amendments in consequence (regulations 3(a)(i) (in part), (iii) (in part) and (iv) (in part), 4(c), (d) (in part), (e), (g) (in part) and (h));

(b)

in relation to—

(i)

the practical test, require a test examiner to refuse to conduct the test if the vehicle provided is not of the same sort as that in respect of which the theoretical test was undertaken or if the vehicle does not meet the specified minimum requirements for use in the conduct of the test;

(ii)

the theoretical test or the practical test, allow the examiner to refuse to conduct the test where the person providing training for the test makes an appointment for part of the test to be undertaken but fails to provide details regarding the test candidate within the specified period before the date of the appointment and requires the examiner to refuse to conduct the test where the candidate fails to produce an appropriate driving licence or where the examiner is not satisfied as to the candidate’s identity;

(iii)

fees paid in respect of the theoretical test or the practical test, provide for the circumstances in which they may be repaid where the examiner refuses to conduct the test (regulations 3(a)(i) (in part) and (iii) (in part) and6);

(c)

provide for the circumstances in which fees paid in respect of the theoretical test or the practical test, or the fees paid by other persons approved to conduct tests, may be repaid and make amendments in consequence and certain other minor amendments (regulations 3(a)(i) (in part) and (iv) (in part) and 4(d) (in part), (f) and (g) (in part));

(d)

require, for the purposes of the initial practical test of professional competence, the bus or lorry driver to provide a vehicle which meets specified requirements for use in the conduct of a test (regulations 3(a)(i) (in part) and (b) and 5);

(e)

prevent the making of a further test appointment where an appointment of the same type has already been made unless that appointment has been cancelled, the test does not otherwise take place or the test has been failed (regulations 3(a)(i) (in part) and 4(d) in part));

(f)

correct an omission in relation to test pass certificates issued in Northern Ireland (regulation 3(a)(ii));

(g)

provide that where the theoretical test or the practical test is failed, the test cannot be retaken unless at least three clear working days have elapsed since the day the test was failed (regulations 3(a)(iv) (in part) and 4(b)); and

(h)

require a bus or lorry driver to have passed the theoretical test before applying to take the practical test (regulation 4(a)).

Copies of the Directives referred to above may be obtained from the Stationery Office.

Full impact assessments of the effect that this instrument will have on the costs of business and the voluntary sector are available from the Driving Standards Agency, The Axis Building, 112 Upper Parliament Street, Nottingham, NG1 6LP.

The assessments are annexed to the Explanatory Memorandum which is available alongside this instrument on the OPSI website, www.opsi.gov.uk and copies of the assessments have been placed in the library of each House of Parliament.