Memorandum from the Department for Transport,
Local Government and the Regions
MOTOR VEHICLES (DRIVING LICENCES) (AMENDMENT) (NO.
4) REGULATIONS 2001 (S.I. 2001/2779)
1. The Committee has asked for a memorandum on the
"The second sentence of the Explanatory Note
states that the Regulations amend the fees payable upon an application
for a driving test where the test is to be conducted
on or after their coming into force. Explain how the Regulations
have this effect, given regulation 31 of S.I. 1999/2864."
2. The Regulations were not intended to have the
effect set out in the Explanatory Note and do not, in the view
of the Department, have that effect. The statement in the Explanatory
Note is incorrect.
3. Regulation 3(1) of the Driving Licences Regulations
1999 provides that someone applying in person for a driving test
must pay the appropriate fee at the time of his application, that
fee being specified in Schedule 5. Schedule 5 having been replaced
with effect from 27th August 2001, fees payable on applications
made on or after that date were altered. This should have been
reflected in the Explanatory Note.
4. It has not been the practice of the Driving Standards
Agency to charge an increased fee for a test booked prior to the
27th August 2001 but due to be conducted after that date.
5. The Department regrets the error in the Explanatory
Note and will ensure it is corrected in the Annual Volume.
1st November 2001