Motor Vehicles (Driving Licences) (Amendment No. 2) Regulations (Northern Ireland) 1996

Made: 15th May 1996

Coming into operation in accordance with regulation 1.

The Department of the Environment, in exercise of the powers conferred on it by Articles 5(3), (4), (5), (6) and (8), 8, 13(1), 19C(1) and (2), 19D(1) and 218(1) of the Road Traffic (Northern Ireland) Order 1981[^f00001] and of all other powers enabling it in that behalf, and in accordance with Article 19C(3) of that Order with the approval of the Department of Finance and Personnel as regards regulation 2(4), hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment No. 2) Regulations (Northern Ireland) 1996 and shall come into operation—

• (a) in so far as is necessary for the purpose of enabling persons to apply for theory tests, practical tests and unitary tests, on 3rd June 1996;

• (b) for all other purposes, on 1st July 1996.

Amendment of the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1994

2

The Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1994[^f00002] shall be amended as follows—

• (1) In regulation 2(1) (interpretation)—

• (a) after the definition of “moped” there shall be inserted—

• “practical test” means, where a test is by virtue of these Regulations to be conducted in two parts, the part that consists of the practical test of driving skills and behaviour;

and

• (b) after the definition of “the Order” there shall be inserted the following definitions—

• “test” means any test of competence to drive conducted pursuant to Article 5 of the Road Traffic (Northern Ireland) Order 1981;
• “theory test” means, where a test is by virtue of these Regulations to be conducted in two parts, the part that consists of the theoretical test;
• “unitary test” means a test which, by virtue of these Regulations, is to consist of a practical test of driving skills and behaviour;

• (2) In regulation 4 (grant of licences), after paragraph (1), there shall be inserted—

(1A) An applicant for a licence who before the licence is granted is required to satisfy the Department that he has passed a test shall at the time when he applies for the licence deliver to the Department, in support of that application, either— (a) a certificate furnished under regulation 18A(1)(a), or (b) where paragraphs (3), (4), and (5) of regulation 16A apply, certificates furnished under regulations 18(2)(a) and 18A(2) in accordance with paragraph (3) of that regulation.

• (3) In regulation 7 (conditions attached to provisional licences), in paragraph (1), for the words from “Provided that” to the end of the paragraph, there shall be substituted—

(1A) The conditions specified in paragraph (1) shall not apply in relation to the driving of motor vehicles of any class where the provisional licence holder has passed a test by virtue of which he is entitled to be granted a licence authorising him to drive vehicles of that class.

• (4) For Part III (tests of competence)[^f00003] there shall be substituted the provisions set out in Schedule 1.

• (5) After regulation 27 (persons who become resident in Northern Ireland) there shall be inserted—

(27A) (1) Subject to paragraph (3), licences shall be granted authorising the driving of motor vehicles in accordance with the categories specified in columns (1) and (2) of Schedule 3 and those categories are designated as groups for the purposes of Articles 5(1)(b) and 6(4)(a) of the Road Traffic (Northern Ireland) Order 1981. (2) In these Regulations, unless the context otherwise requires, any reference to category B means that category including category B1. (3) Where a person holds, or has held, a licence authorising him to drive vehicles of a class included in any category he is deemed competent to drive— (a) vehicles of all classes included in that category unless by that licence he is or was authorised to drive— (i) only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only such classes of vehicle included in that category as have automatic transmission; (ii) only invalid carriages, in which case he shall be deemed competent to drive only such classes of vehicle included in category B1 as are invalid carriages; (iii) only motor vehicles adapted on account of a disability, in which case he shall be deemed competent to drive only such classes of vehicle included in that category as are so adapted; and (b) all classes of vehicle included in any other category which is specified in column (3) of Schedule 3 as an additional category in relation to that category unless by that licence he is or was authorised to drive— (i) only motor vehicles having automatic transmission and the additional category is C1, D1, B plus E, C1 plus E or D1 plus E, in which case he shall be deemed competent to drive only such classes of motor vehicle included in the additional category as have automatic transmission, (ii) only invalid carriages, in which case he shall be deemed competent to drive only such classes of vehicle included in category B1 as are invalid carriages, (iii) only motor vehicles adapted on account of a disability, in which case he shall be deemed competent to drive only such classes of vehicle included in the additional category as are so adapted.

• (6) For Schedule 3 (categories of motor vehicles for test purposes) there shall be substituted the provisions set out in Schedule 2.

• (7) For Schedule 4 (additional requirements for driving tests) there shall be substituted the provisions set out in Schedule 3.

• (8) For Schedule 6 (form of certificate and statement of driving test result) there shall be substituted the provisions set out in Schedule 4.

Revocation

3

The Motor Vehicles (Driving Licences) (Amendment) (Test Fees) Regulations (Northern Ireland) 1996[^f00004] are hereby revoked.

SCHEDULE 1 — Provisions inserted in substitution for Part III

SCHEDULE 2 — Provisions substituted for Schedule 3

SCHEDULE 3 — Provisions substituted for Schedule 4

SCHEDULE 4 The specified matters are set out at paragraphs A to G. The person conducting the test shall examine candidates on all the items included in paragraphs A to G but need not examine them on every item mentioned in paragraphs F and G provided that he asks at least one question about them at random. Road traffic regulations including road signs, road markings, signals, rights of way and speed limits. (1) The importance of driver alertness and attitudes to other road users. (2) Perception, judgement and decision-making, including especially reaction time and changes in driver behaviour due to the influence of alcohol, drugs and medicinal products, state of mind and fatigue. (1) The most important principles concerning the observance of safe distance between vehicles, braking distances and road-holding under various weather and road conditions. (2) Driving risk factors related to various road conditions, in particular as they change with the weather and the time of day or night. (3) Characteristics of various types of road and the related statutory requirements. (1) Specific risk factors related to the lack of experience of other road users and the most vulnerable categories of user such as children, pedestrians, cyclists and people whose mobility is reduced. (2) Risks involved in the movement and driving of various types of vehicle and of the different fields of view of their drivers. (1) Rules concerning the administrative documents required for the use of vehicles. (2) General rules specifying how the driver must behave in the event of an accident (setting warning device and raising the alarm) and the measures which he can take to assist road accident victims where necessary. (3) Safety factors relating to persons carried, including balancing with a passenger. (1) Mechanical aspects of the vehicle with a bearing on road safety, i.e. the detection of the most common faults, in particular in the steering, suspension and brake systems, tyres, lights and direction indicators, reflectors, rear-view mirrors and the exhaust system. (2) Vehicle safety equipment including, in particular, the use of crash helmets and visors. Rules regarding vehicle use in relation to the environment, including the appropriate use of audible warning devices, moderate fuel consumption, limitation of pollutant emissions, and so on. The specified matters are set out at paragraphs A to G. The person conducting the test shall examine candidates on all the items included in paragraphs A to G but need not examine them on every item mentioned in paragraphs F and G provided that he asks at least one question about them at random. Road traffic regulations including road signs, road markings, signals, rights of way and speed limits. (1) The importance of driver alertness and attitudes to other road users. (2) Perception, judgement and decision-making, including especially reaction time and changes in driver behaviour due to the influence of alcohol, drugs and medicinal products, state of mind and fatigue. (1) The most important principles concerning the observance of safe distance between vehicles, braking distances and road-holding under various weather and road conditions. (2) Driving risk factors related to various road conditions, in particular as they change with the weather and the time of day or night. (3) Characteristics of various types of road and the related statutory requirements. (1) Specific risk factors related to the lack of experience of other road users and the most vulnerable categories of user such as children, pedestrians, cyclists and people whose mobility is reduced. (2) Risks involved in the movement and driving of various types of vehicle and of the different fields of view of their drivers. (1) Rules concerning the administrative documents required for the use of vehicles. (2) General rules specifying how the driver must behave in the event of an accident (setting warning device and raising the alarm) and the measures which he can take to assist road accident victims where necessary. (3) Safety factors relating to persons carried. (1) Mechanical aspects of the vehicle with a bearing on road safety, i.e. the detection of the most common faults, in particular in the steering, suspension and brake systems, tyres, lights and direction indicators, reflectors, rear-view mirrors, windscreen and wipers, and the exhaust system and seat-belts. (2) Vehicle safety equipment including, in particular, the use of seat-belts and child safety equipment. Rules regarding vehicle use in relation to the environment, including the appropriate use of audible warning devices, moderate fuel consumption, limitation of pollutant emissions, and so on. SCHEDULE 4A Test candidates must satisfy the examiner as to— (a) their ability to— (i) carry out properly the activities; and (ii) perform competently, without danger to and with due consideration for other road users, the manoeuvres, specified in paragraphs A to E in accordance with those paragraphs; (b) their understanding of how to balance safely with a passenger. Read in good daylight (with the aid of corrective lenses if worn) a registration mark fixed to a motor vehicle and containing letters and figures 79.4 millimetres high at a distance of 20.5 metres. (1) Adjust rear view mirrors. (2) Adjust crash helmet. (3) Remove motor bicycle from its stand and move it, without the aid of the engine, by walking alongside it. (1) Start the engine and moving off smoothly (uphill and downhill as well as on the flat). (2) Accelerate to a suitable speed while maintaining a straight course, including during gear-changes. (3) Adjust speed to negotiate left or right turns at junctions, possibly in restricted spaces, while maintaining control of the vehicle. (4) Lean over to turn. (5) Keep balance at various speeds. (6) Brake accurately to a stop, if need be by performing an emergency stop. (7) Cause the vehicle to face in the opposite direction by driving it forward (“U” turn). (8) Park the vehicle on its stand. (1) Observe (including the use of the rear-view mirrors) road alignment, markings, signs and potential or actual risks. (2) Communicate with other road users using the authorised means. (3) React appropriately in actual risk situations. (4) Comply with road traffic regulations and the instructions of the police, traffic wardens, etc. (5) Move off from the kerb or a parking space. (6) Drive with the vehicle correctly positioned on the road, adjusting speed to traffic conditions and the line of the road. (7) Keep the right distance between vehicles. (8) Change lanes. (9) Pass parked or stationary vehicles and obstacles. (10) Approach and cross junctions. (11) Turn right and left at junctions or to leave the carriageway. (12) Where the opportunity arises— (a) Pass oncoming vehicles, including passing in confined spaces. (b) Overtake in various situations. (c) Approach and cross level-crossings. Take all precautions necessary when alighting. Test candidates must satisfy the examiner as to their ability to— (a) carry out properly the activities; and (b) perform competently, without danger to and with due consideration for other road users, the manoeuvres, specified in paragraphs A to E in accordance with those paragraphs. Read in good daylight (with the aid of corrective lenses if worn) a registration mark fixed to a motor vehicle and containing letters and figures 79.4 millimetres high at a distance of 20.5 metres. (1) Adjust the seat as necessary to obtain a correct seating position. (2) Adjust rear view mirrors and seat belt. (3) Check that the doors are closed. (1) Start the engine and move off smoothly (uphill and downhill as well as on the flat). (2) Accelerate to a suitable speed while maintaining a straight course, including during gear-changes. (3) Adjust speed to negotiate left or right turns at junctions, possibly in restricted spaces, while maintaining control of the vehicle. (4) Brake accurately to stop, if need be by performing an emergency stop. (5) Perform any two of the following manoeuvres— (a) Reverse in a straight line and reverse right or left round a corner while keeping within the correct traffic lane. (b) Turn the vehicle to face the opposite way, using forward and reverse gears. (c) Park the vehicle and leave a parking space (parallel, oblique or right-angle) both forwards and in reverse, on the flat, uphill and downhill. (1) Observe (including the use of the rear-view mirrors) road alignment, markings, signs and potential or actual risks. (2) Communicate with other road users using the authorised means. (3) React appropriately in actual risk situations. (4) Comply with road traffic regulations and the instructions of the police, traffic wardens, etc. (5) Move off from the kerb or a parking space. (6) Drive with the vehicle correctly positioned on the road, adjusting speed to traffic conditions and the line of the road. (7) Keep the right distance between vehicles. (8) Change lanes. (9) Pass parked or stationary vehicles and obstacles. (10) Approach and cross junctions. (11) Turn right and left at junctions or to leave the carriageway. (12) Where the opportunity arises— (a) Pass oncoming vehicles, including in confined spaces. (b) Overtake in various situations. (c) Approach and cross level-crossings. Take all precautions necessary when alighting. (1) Read in good daylight (with the aid of corrective lenses if worn) a registration mark fixed to a motor vehicle and containing letters and figures 79.4 millimetres high at a distance of— (a) 12.3 metres, in the case of a unitary driving test conducted in respect of a vehicle included in category K; (b) 20.5 metres in any other case. (2) Start the engine of the vehicle. (3) Move away straight ahead or at an angle. (4) Overtake, meet or cross the path of other vehicles and take an appropriate course. (5) Turn right-hand and left-hand corners correctly. (6) Stop the vehicle in an emergency and normally and, in the latter case, bring it to rest in an appropriate part of the road. (1) Carry out manoeuvres involving the use of reverse gear (except in a case where the vehicle is not fitted with a means of reversing). (2) Indicate intended actions at appropriate times by giving appropriate signals in a clear and unmistakable manner. In the case of a test taken on a vehicle with a left-hand drive or by a disabled person for whom it is impracticable or undesirable to give signals by arm, there shall be no requirement to give signals which cannot be given by mechanical means. (3) Act correctly and promptly on all signals given by traffic signs and traffic controllers and take appropriate action in relation to signs given by other road users. (1) Indicate intended actions at appropriate times by giving appropriate signals in a clear and unmistakable manner. In the case of a test taken on a vehicle with a left-hand drive or by a disabled person for whom it is impracticable or undesirable to give signals by arm, there shall be no requirement to give signals which cannot be given by mechanical means. (2) Act correctly and promptly on all signals given by traffic signs and traffic controllers and take appropriate action in relation to signs given by other road users. (3) Drive the vehicle backwards and cause it to face in the opposite direction by means of its tracks.

SCHEDULE 4 — Provisions substituted for Schedule 6

SCHEDULE 5 SCHEDULE 6

Signed

Sealed with the Official Seal of the Department of the Environment on

Trevor Pearson — Assistant Secretary — 15th May 1996.

The Department of Finance and Personnel hereby approves regulation 2(4).

Sealed with the Official Seal of the Department of Finance and Personnel on

J. G. Sullivan — Assistant Secretary — 15th May 1996.

Explanatory note

(This note is not part of the Regulations)

These Regulations replace Part III of the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1994 which relates to driving tests and make certain other incidental and minor amendments.

The principal changes made concern driving tests for vehicles in categories A (motor bicycles), B (motor cars and small goods vehicles) and P (mopeds) to give effect to the second Council Directive on driving licences 91/439/EEC (O.J. No. L237, 29.7.91, p.1) as regards those categories of vehicle. The new tests are divided into two parts, a theory test and a practical test, the requirements for each part being specified. Other tests remain unchanged as unitary tests.

The Regulations in particular make provision for—

• (a) persons who may conduct practical tests;

• (b) persons to be appointed by the Department to conduct theory tests;

• (c) the Department to revoke approvals in respect of persons authorised to conduct practical tests on behalf of the Secretary of State for Defence and the Chief Constable of the Royal Ulster Constabulary;

• (d) exemptions from the theory test;

• (e) mandatory presentation of licences at tests;

• (f) the specification of vehicles to be provided for each type of test;

• (g) the theory test to be passed before a practical test can be taken (subject to temporary transitional arrangements); and

• (h) the issue of certificates and statements evidencing the results of tests.

The fee for a theory test conducted by an appointed person is set at £16·50. The fees for practical and unitary tests, which were introduced on 3rd June 1996, remain unchanged.

The Regulations come into operation in so far as is necessary to enable persons to apply for tests on 3rd June and for all other purposes on 1st July 1996.

The Motor Vehicles (Driving Licences) (Amendment) (Test Fees) Regulations (Northern Ireland) 1996 are hereby revoked as a consequence of these Regulations.

Copies of the EEC Directive referred to in this note can be obtained from Her Majesty’s Stationery Office, 16 Arthur Street, Belfast.

Footnotes

[^f00001]: S.I. 1981/154 (N.I. 1); see Article 2(2) for the definition of “Department” and “prescribed”; Articles 5-19D were substituted by Schedule 1 to S.I. 1991/197 (N.I. 3)

[^f00002]: S.R. 1994 No. 365 as amended by S.R. 1995 No. 152 and S.R. 1996 No. 141

[^f00003]: Regulation 15 was substituted by S.R. 1996 No. 141

[^f00004]: S.R. 1996 No. 141

[^f00005]: S.I. 1981/154 (N.I. 1)

[^f00006]: 1994 c. 22; section 20A was inserted by Part V of Schedule 29 to the Finance Act 1995 c. 4