Memorandum from the Department for Transport
2002 (S.I. 2002/2641)
1. The Committee has requested a memorandum on the
"(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
(2) Explain the reasons for the size of
the increase in fees and charges made by regulations 4, 6 and
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
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