Joint Committee On Statutory Instruments Third Report


APPENDIX 3

Memorandum from the Department for Transport

MOTOR VEHICLES (DRIVING LICENCES) (AMENDMENT) REGULATIONS 2002 (S.I. 2002/2641)

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

"(1) Is regulation 40 of the 1999 Regulations, as amended by regulation 5, intended to require a person who has already passed the theoretical test before this instrument comes into force to take and pass the test of driving theory and hazard perception? If not, explain how the Regulations do not have that effect.

 (2) Explain the reasons for the size of the increase in fees and charges made by regulations 4, 6 and 7."

2. As to point (1), regulation 40 of the 1999 Regulations, as amended by regulation 5 of S.I. 2002/2641, is not intended to require applicants for a driving licence who have already passed the theoretical test before the coming into force of S.I. 2002/2641 to have to take and pass the test of driving theory and practice. The Department does not consider that it has this effect.

3. Regulation 47 of the 1999 Regulations requires the person conducting the test in question to issue either a pass certificate or a failure statement on the day of the test, and it regulates when a certificate is to be treated as invalid. The Department is of the view that S.I. 2002/2641 cannot have retrospective effect so as to render a theory test pass certificate validly issued on, say, 10th November 2002 invalid on 14th November. As a result, where there is any requirement in the 1999 Regulations for an applicant to have passed the theory test, or to hold a valid test pass certificate, it is to be construed by reference to the theory test pass requirement applicable at the time the person took that theory test.

4. As to point (2), the increase in fees provided for by regulation 4 of S.I. 2002/2641 is necessary to reflect the increased costs of administering the theory test such increase being occasioned by the introduction of hazard perception testing. This is the first increase in the fee for the theory test since 1999.

5. The increase in fees provided for by regulation 6 of S.I. 2002/2641 is necessary to ensure that the fee paid more accurately reflects the costs occasioned by the Department in supervising the administration of theory tests administered by those to whom theory test certificates are supplied pursuant to regulation 47(8) as well as reflecting the increase in the cost of producing and delivering these certificates. This is the first increase in this fee since 1996.

6. The increase in fees provided for by regulation 7 of S.I. 2002/2641 is necessary to ensure that the fee paid more accurately reflects the costs arising out of the Department's role in supervising the administration of theory tests by persons appointed to carry out such tests by the Secretary of State for Defence. This is the first increase in this fee since 1998.

25th November 2002


 
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