Citation, commencement and extent

1.—(1) These Regulations may be cited as the Motor Vehicles (Driver Testing and Vehicle Load) Regulations 2013 and come into force on 15th August 2013.

(2) These Regulations extend to Great Britain except that regulation 3 extends to Great Britain and Northern Ireland and in so far as it relates to regulation 3 regulation 5 also extends to Northern Ireland.

Amendment of the Motor Vehicles (Driving Licences) Regulations 1999

2.—(1) The Motor Vehicles (Driving Licences) Regulations 1999(7) are amended as follows.

(2) In regulation 3(8) (interpretation)—

(a)after the definitions of “Group 1 licence” and “Group 2 licence”, insert—

““IBC” means an intermediate bulk container, being one single sealed container—

(b)after the definition of “extended driving test”, insert—

““fire engine” means a category C motor vehicle that is being used—

(c)after the definition of “traffic commissioner”, insert—

““training load” means a load consisting of—

“training load package” means a product packaged in a transparent sealed bag so that the combination of the product and the individual bag in which it is packed is either or both of the following—

(3) In regulation 37(14)(test vehicles)—

(a)in paragraphs (1) and (2), where the words “the Table” appear, substitute “Table 1”;

(b)in sub-paragraphs (a), (b), and (c) of paragraph (3), where the words “the table” appear, substitute “Table 1”;

(c)for paragraph (7), substitute—

“(7) A person submitting himself for a practical test prescribed in respect of category B+E, C, C+E, D, or D+E shall provide a vehicle which is not carrying goods or burden other than either or both of the following—

(a)fixed items which are characteristic of the class to which it belongs;

(b)any load carried in accordance with paragraph (7A).”;

(d)after paragraph (7), insert—

“(7A) A person submitting himself for a practical test prescribed in respect of any of the categories or sub-categories shown in column 1 of Table 2 at the end of this regulation—

(a)may, during the period beginning with 15th August 2013 and ending with 14th November 2013, provide a vehicle which—

(i)is carrying a load of the nature and weight shown in column 2 of Table 2, in relation to that category or sub-category and description of vehicle; and

(ii)is loaded in such a way that the person authorised to conduct the test can visually assess the weight of the load without the load being disturbed;

(b)shall, on or after 15th November 2013, provide a vehicle which—

(i)is carrying a load of the nature and weight shown in column 2 of Table 2, in relation to that category or sub-category and description of vehicle; and

(ii)is loaded in such a way that the person authorised to conduct the test can visually assess the weight of the load without the load being disturbed.”;

(e)in paragraph (12), where the words “the table” appear, substitute “Table 1”;

(f)after paragraph (12), before the table(15), for the heading “TABLE”, substitute “Table 1”; and

(g)after Table 1, as so re-named by sub-paragraph (f), insert—

Amendment of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007

3.—(1) Regulation 5A (further requirements at tests: initial CPC test) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007(16) is amended as follows.

(2) In paragraph (2A)(17), for the words “the table in regulation 37”, substitute “Table 1 in regulation 37”.

(3) In sub-paragraph (2A)(a), for the words “the table in that regulation 37”, substitute “Table 1 in that regulation 37”.

(4) After sub-paragraph (2A)(a), insert—

“(ab)may, during the period beginning with 15th August 2013 and ending with 14th November 2013, where the relevant vehicle provided is one which falls within a category or sub-category and description shown in column 1 of Table 2 in that regulation 37, carry a load of the nature and weight specified in column 2 in respect of the category or sub-category and description within which the vehicle falls;

(ac)shall, on or after 15th November 2013, where the relevant vehicle provided is one which falls within a category or sub-category and description shown in column 1 of Table 2 in that regulation 37, carry a load of the nature and weight specified in column 2 in respect of category or sub-category and description within which the vehicle falls;”.

(5) For the first entry in column 1 of the table after sub-paragraph (2A)(c), substitute—

Amendment of the Goods Vehicles (Licensing of Operators) Regulations 1995

4.  In Part I of Schedule 3 to the Goods Vehicles (Licensing of Operators) Regulations 1995(18) (classes of vehicle for which a licence is not required), after paragraph 29, insert—

“30.  A vehicle in a category or sub-category listed in column 1 of Table 2 in regulation 37 of the Motor Vehicles (Driving Licences) Regulations 1999, provided that—

(a)no goods are being carried on the vehicle or trailer other than any that may be carried on the vehicle for the purposes of a practical test of driving skills and behaviour, as prescribed in that regulation 37;

(b)any goods that are being carried on the vehicle or trailer are being carried only for the purposes of driver instruction and not otherwise—

(i)for hire or reward, or

(ii)for or in connection with any trade or business; and

(c)the vehicle is—

(i)being used for the instruction of a driver who has not passed a test of competence to drive that class of vehicle under section 89 of the Road Traffic Act 1988;

(ii)proceeding to or from a test of competence to drive that class of vehicle under section 89 of the Road Traffic Act 1988 or being used in such a test; or

(iii)being used in the course of—

(aa)a driving lesson for the purpose of enabling a person to obtain a CPC within the meaning of the Vehicle Drivers (Certificate of Professional Competence) Regulations 2007;

(bb)periodic training as defined in regulation 2(1) of the Vehicle Drivers (Certificate of Professional Competence) Regulations 2007; or

(cc)an initial CPC test as defined in regulation 2(1) of the Vehicle Drivers (Certificate of Professional Competence) Regulations 2007; ”.

Review

5.—(1) The Secretary of State must from time to time—

(a)carry out a review of regulations 2 to 4,

(b)set out the conclusions of the review in a report, and

(c)publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how point 5.2 of Annex II to Directive 2006/126/EC(19) and sections 2 and 3 of Annex I to Directive 2003/59/EC(20) (which are partially implemented by regulation 3) are implemented in other member States.

(3) The report must in particular—

(a)set out the objectives intended to be achieved by the enactments amended by those regulations,

(b)assess the extent to which those objectives are achieved, and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning with 19th January 2013.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (Driving Licences) Regulations 1999 (the “1999 Regulations”), the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (the “CPC Regulations”) and the Goods Vehicles (Licensing of Operators) Regulations 1995 (the “Licensing of Operators Regulations”).

These Regulations implement point 5.2 of Annex II to Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (the “2006 Directive”). This point was first drafted as an amendment to be made to Council Directive 91/439/EEC of 29 July 1991 on driving licences(21) (the “1991 Directive”), by Commission Directive 2008/65/EC of 27 June 2008(22), as previously amended by Commission Directive 2000/56/EC of 14 September 2000(23). Article 17 of the 2006 Directive provided for the repeal of the 1991 Directive and for references to the 1991 Directive to be construed as references to the 2006 Directive.

Point 5.2 of Annex II to the 2006 Directive sets out the “Real Total Mass” which is required for vehicles of certain categories and combinations during practical driving tests. Real Total Mass means the total laden weight of a vehicle.

Regulation 3 also continues implementation of the requirement in sections 2 and 3 of Annex I to Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003, that the CPC test is taken on a vehicle that meets at least the requirements for test vehicles as defined in the 2006 Directive.

Regulation 2 amends the 1999 Regulations.

Regulation 2(2) inserts new definitions of “IBC”, “training load”, and “training load package”, setting out the nature of loads to be carried on vehicles used during driving tests. A new definition of “fire engine” is also inserted, as these vehicles are distinguished in Table 2 inserted by regulation 2(3).

Regulation 2(3) makes amendments that provide for test vehicles to carry the training loads, the minimum weight of the training loads to be carried, and whether the load is to be carried on the motor vehicle or the trailer, or both.

Regulation 2(3) permits such training loads to be carried during driving tests during a transitional period from 15th August 2013 and requires the loads to be carried from 15th November 2013. Regulation 39(1)(b) of the 1999 Regulations requires the examiner to refuse to conduct the test if not satisfied that these requirements are met.

Regulation 3 amends the CPC Regulations.

Regulation 3 provides for test vehicles to carry the training loads during CPC tests.

Regulation 3(4) permits such training loads to be carried during CPC tests during a transitional period from 15th August 2013 and requires the loads to be carried from 15th November 2013. Regulation 5B already requires the examiner to refuse to conduct the test if the candidate fails to comply with these requirements.

Regulation 4 amends the Licensing of Operators Regulations, exempting vehicle users from the requirement to hold an operator’s licence in relation to any goods vehicle carrying the training loads during tests, where the vehicle is being used for a practical driving test, for driving instruction or for testing or training for the CPC test.

Regulation 5 requires the Secretary of State to review the operation and effect of regulations 2 to 4 and publish a report within five years of 19th January 2013 and within every five years thereafter being the same periods prescribed in the Motor Vehicles (Driving Licences)(Amendment) Regulations 2012 S.I. 2012/977, which implemented other provisions of the 2006 Directive. Following each review it will fall to the Secretary of State to consider whether these regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke these regulations or to amend them.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum and Transposition Note alongside the instrument on www.legislation.gov.uk.