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The Motor Vehicles (Driving Licences) (Fees) (Amendment) Regulations (Northern Ireland) 2009

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Statutory Rules of Northern Ireland

2009 No. 344

Road Traffic And Vehicles

The Motor Vehicles (Driving Licences) (Fees) (Amendment) Regulations (Northern Ireland) 2009

Made

9th October 2009

Coming into operation

16th November 2009

The Department of the Environment makes the following Regulations in exercise of the powers conferred by Articles 13(1), 19C(1) and 218(1) of the Road Traffic (Northern Ireland) Order 1981(1).

Citation and commencement

1.  These Regulations may be cited as the Motor Vehicles (Driving Licences) (Fees) (Amendment) Regulations (Northern Ireland) 2009 and shall come into operation on 16th November 2009.

Amendment of the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996

2.  For Schedule 2 to the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996(2) (licence fees) substitute—

Regulation 10

SCHEDULE 2LICENCE FEES

TABLE OF FEES

(1)

Description of licence and circumstances of application

(2)

Fee payable

In this Schedule—

“first licence” means a licence (other than a licence falling in paragraphs 4 and 5 of the table) granted to a person who has not previously held a licence granted under Article 13 of the Order;

“renewal licence” means a licence granted under expiry of a previous licence; and

“Group 1 licence” and “Group 2 licence” have the meanings respectively given in regulation 48..

1.A first licence.£50
2.A provisional licence granted following the revocation of a licence under Article 5(1) of the Road Traffic (New Drivers) (Northern Ireland) Order 1998(3).£50
3.A full Group 1 licence issued in exchange for a first licence or a provisional licence granted following revocation of a licence under the Road Traffic (New Drivers) (Northern Ireland) Order 1998, where the licence submitted for exchange was issued pursuant to an application made before 1st July 2004.£30
4.A full licence granted in exchange for a full Great Britain licence which was granted under section 88 of the Road Traffic Act 1972(4) or section 97 of the Road Traffic Act 1988(5).Nil
5.A full licence granted in exchange for a full Community licence or an exchangeable licence.£50
6.A full Group 1 licence, other than a licence falling in paragraph 3 of this Table, where the applicant has previously been granted a provisional licence.Nil
7.A renewal licence to remain in force for a period of 10 years under Article 15(1)(a) of the Order.£20
8.A renewal licence to remain in force for a period mentioned in Article 15(1)(b) of the Order, i.e. for a period ending on the applicant’s seventieth birthday or for 3 years, whichever is the longer.£20
9.A renewal licence to remain in force for a period mentioned in Article 15(1)(c), 15(2)(d) or 15C(2)(b)(6) of the Order, i.e. granted to an applicant suffering from a relevant or prospective disability.Nil
10.A renewal licence where the applicant is aged 70 years or over.Nil
11.A licence granted under Article 15(8)(7) of the Order (issue of a new licence in certain circumstances on surrender of a licence unless no fee is payable).£20
12.A provisional licence authorising the driving of vehicles of a class included in category C.Nil
13.A provisional licence authorising the driving of vehicles of a class included in category D.Nil
14.A full Group 2 licence.Nil
15.A full Group 2 licence granted following the addition of category E entitlement.Nil
16.A first full licence authorising the driving of vehicles of a class included in category C where the applicant has previously been granted a provisional licence for that category.Nil
17.A first full licence authorising the driving of vehicles of a class included in category D where the applicant has previously been granted a provisional licence for that category.Nil
18.A licence granted by way of replacement of a lost or defaced licence.£20
19.A full licence granted upon the expiry of a period of disqualification ordered by a court under Article 35(8) or Article 40 of the Offenders Order(9)
(a) in the circumstances prescribed in regulation 52 for the purposes of Article 11(5) of the Order; or£65
(b) otherwise than in those circumstances, and in this paragraph the reference to a period of disqualification imposed by a court under Article 35 of the Offenders Order includes a period of disqualification reduced by an order of the court under Article 36 of that Order.£90
20.A licence issued under regulation 9A(10) (licences to drive vehicles in another category) or Article 50(3) of the Offenders Order (licence issued free from endorsement on surrender of a current licence).£20
21.Except if it is a first licence, a provisional licence granted first upon the expiry of a period of disqualification ordered by a court under Article 41 of the Offenders Order whether or not the court also made an order under Article 35 or 40 of that Order—
(a) in the circumstances prescribed in regulation 52 for the purposes of Article 11(5) of the Order; or£90
(b) otherwise than in those circumstances.£65
22.A provisional Group 2 licence granted to a person who has been disqualified under Article 74(11) of the Order.£65
23.

A licence granted following disqualification ordered by a court under Article 37A of the Child Support (Northern

Ireland) Order 1991(12) or Article 91 of the Criminal Justice (Northern Ireland) Order 2008(13).

£65
24.Confirmation in writing of a person’s entitlement to drive under Article 19C(1A)(eb)(14) of the 1981 Order.£5

Revocation

3.  The Motor Vehicles (Driving Licences) (Fees) (Amendment) Regulations (Northern Ireland) 2007(15) are revoked.

Sealed with the Official Seal of the Department of the Environment on 9th October 2009.

Legal seal

Stanley Duncan

A senior officer of the Department of the Environment

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996 in order to specify revised fees which mirror the equivalent fees set in Great Britain.

The principal change is that a new fee of £65 has been introduced following disqualification by a court under the Criminal Justice (Northern Ireland) Order 2008 (item 23 of the Schedule). A new fee of £5 has also been introduced for the confirmation in writing of a person’s entitlement to drive (item 24 of the Schedule).

Other changes are as follows—

(1) the fee for a first licence is increased from £45 to £50 (item 1 of the Schedule), and the fee for renewal of a licence is increased from £19 to £20;

(2) the fee for a provisional licence following the revocation of a licence is increased from £45 to £50 (item 2 of the Schedule);

(3) the fee for a full licence granted in exchange for a full Community licence or an exchangeable licence is increased from £45 to £50 (item 5 of the Schedule);

(4) the fee for a replacement licence is decreased from £22 to £20 (item 18 of the Schedule);

(5) the fee for a licence issued free from endorsements is decreased from £22 to £20 (item 20 of the Schedule);

(6) the fee for the grant of a licence following a period of disqualification ordered by a court is increased to—

(a)£90 where the disqualification is due to excess alcohol; or

(b)£65 where the disqualification is due to other circumstances (items 19, 21, 22 and 23 of the Schedule);

(7) the transitional fee for the issue of a full Group 1 licence issued in exchange for a first licence or a provisional licence (following the revocation of a full licence) is increased from £25 to £30 (item 3 of the Schedule).

(1)

S.I. 1981/154 (N.I. 1); see Article 2(2) for the definition of “Department” and “prescribed”; Articles 13 and 19C were substituted by S.I. 1991/197 (N.I. 3), Schedule 1; Article 13(1) was amended by S.R. 1996 No. 426, Schedule 1, paragraph 5; Article 19C was amended by S.I. 1996/1320 (N.I. 10), Schedule 3, paragraph 8, S.R. 1996 No.426, Schedule 1, paragraph 11 and S.I. 2007/916 (N.I. 10), Article 79(1) and (3)

(2)

S.R. 1996 No. 542; Schedule 2 was substituted by S.R. 2007 No. 435, regulation 2

(6)

Article 15C was inserted by S.R. 1996 No.426, Schedule 1, paragraph 8

(7)

Paragraph (8) was substituted by paragraph 6(4) of the Schedule to S.R. 2002 No. 374

(8)

Article 35 was amended by Article 5(4) of S.I. 2004/1991 (N.I. 15)

(9)

The definition of the “Offenders Order” was inserted by S.I. 1996/1320 (N.I. 10), Article 97(1) and Schedule 3

(10)

Regulation 9A was inserted by S.R. 1997 No.383, regulation 4

(11)

Article 74 was substituted by S.I. 1991/197 (N.I. 3), Schedule 3, Part 1

(12)

S.I. 1991/2628 (N.I. 23); Article 37A was inserted by 2000 c. 4 (N.I.), section 16(3)

(14)

Paragraph (1A) was inserted by S.I. 1996/1320 (N.I. 10), Schedule 3, paragraph 8 and sub-paragraph (eb) was inserted by S.I. 2007/916 (N.I. 10), Article 34

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