Joint Committee On Statutory Instruments Third Report


APPENDIX 2

Memorandum from the Department for Transport

MOTOR CARS (DRIVING INSTRUCTION) (AMENDMENT) REGULATIONS 2002 (S.I. 2002/2640)

1. The Committee has requested a memorandum on the following point:

"Is regulation 3(4) of the 1989 Regulations, as substituted by regulation 3, intended to require a person who has already passed the written examination before this instrument comes into force to take and pass that examination again together with the hazard perception element of the driving ability and fitness test? If not, explain how the Regulations do not have that effect."

2. The Department accepts that an unintended consequence of regulation 3(4) of the 1989 Regulations, as substituted by regulation 3 of S.I. 2002/2640, may be that those who have sat the written examination before S.I. 2002/2640 came into force would have to retake that written examination again together with the hazard perception element of the driving ability and fitness test. The Department regrets that this is the case and will amend the regulations to correct this as soon as possible.

25th November 2002


 
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