The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2025 amend the 1999 Regulations to clarify the process for large vehicle off-road manoeuvres tests, correct drafting errors, and institute a five-year review of cancellation notice periods for category B practical driving tests.
The amendments clarify who can conduct tests, improve consistency in application procedures, and introduce a more formal process for reviewing specific regulations.
The Secretary of State is responsible for appointing examiners, conducting reviews, and publishing reports.
Arguments For
Improved clarity and consistency: The amendments clarify ambiguities and inconsistencies within the existing regulations regarding driving tests, leading to a more streamlined and efficient process for applicants and examiners.
Enhanced regulatory oversight: The introduction of a review mechanism ensures that the regulations are regularly assessed for effectiveness and appropriateness, allowing for timely adjustments and improvements based on real-world implementation.
Correction of errors: The regulations address minor drafting errors in the original legislation. This ensures the legal framework accuracy and reduces potential confusion.
Streamlined appointment process: The changes enable a smoother replacement of driving examiners who no longer meet the requirements, preventing any delays in testing process.
Arguments Against
Potential administrative burden: The new requirements for notice periods and reporting may impose an additional administrative burden on the Driver and Vehicle Standards Agency (DVSA) and driving instructors.
Unintended consequences: While intended to improve clarity, the amendments could inadvertently create new complexities or loopholes that require further clarification.
Limited scope: The focus on specific aspects of driving tests may overlook other areas requiring legislative reform.
Resource allocation: Implementation and ongoing review necessitates allocation of adequate resources (staff time, and potentially funding) to the DVSA, which may compete with other priorities.
- Citation, commencement and extent (1) These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2025. (2) These Regulations come into force on 8th April 2025. (3) These Regulations extend to England and Wales and Scotland.
This section provides the official title, effective date, and geographical scope of the regulations.
The regulations are officially titled "Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2025", take effect on April 8th, 2025, and apply to England, Wales, and Scotland.
- Amendment of the Motor Vehicles (Driving Licences) Regulations 1999 The Motor Vehicles (Driving Licences) Regulations 1999 are amended as follows.
This section announces intended amendments to the Motor Vehicles (Driving Licences) Regulations 1999.
Subsequent sections detail the precise changes made.
In regulation 24 (persons by whom manoeuvres, practical and unitary tests may be conducted)— (a) for paragraph (1ZA), substitute— “(1ZA) Subject to paragraphs (3), (3A) and (5), a large vehicle off road manoeuvres test, other than a large vehicle off road manoeuvres test conducted in the circumstances specified in paragraph (2) or (2A), may be conducted by a person who— (a) has been appointed by a body approved by the Secretary of State for the purpose of conducting large vehicle off road manoeuvres tests, and (b) has the prior written approval of the Secretary of State for the purpose of testing a class of persons specified in the instrument of appointment. (1ZB) An appointment made under paragraph (1ZA) may be made subject to such conditions as are, in the opinion of the Secretary of State, reasonably necessary in the general interests of candidates, and where a person breaks such a condition, the Secretary of State may approve another person to carry out large vehicle off road manoeuvres tests in substitution for that person notwithstanding that the first approval has not been revoked.”; (b) in paragraph (3), before “paragraph (1ZA)”, insert “under”.
This section amends regulation 24 of the 1999 Regulations.
Paragraph (a) replaces paragraph (1ZA) to clarify the process for appointing and approving individuals to conduct large vehicle off-road manoeuvres tests.
Paragraph (b) inserts the word "under" into paragraph (3) for grammatical accuracy.
In regulation 25 (revocation of authority to conduct tests), in paragraph (2), for “24(1ZA)” substitute “(1ZA)”.
This section corrects a minor drafting error in regulation 25 of the 1999 Regulations by replacing the reference "24(1ZA)" with "(1ZA)".
In regulation 33 (applications for large vehicle off road manoeuvres tests or practical tests: large vehicle instructors), in paragraph (1), for sub-paragraph (b) substitute— “(b) provide such details relating to— (i) the instructor, (ii) the instructor’s establishment, (iii) the vehicle on which the test is to be taken, and (iv) the nature of the test, as the Secretary of State may reasonably require, and”.
This section amends sub-paragraph (b) of regulation 33 in the 1999 Regulations.
The amendment specifies the information large vehicle instructors must provide when applying for tests, ensuring consistency and clarity.
In regulation 33A (applications for large vehicle off road manoeuvres test conducted by large vehicle off road manoeuvres test examiners: large vehicle instructors)— (a) in paragraph (1), for sub-paragraph (b) substitute— “(b) provide such details relating to— (i) the instructor, (ii) the instructor’s establishment, (iii) the vehicle on which the test is to be taken, and (iv) the nature of the test, as the large vehicle off road manoeuvres test provider may reasonably require, and”; (b) for paragraph (4), substitute— “(4) If, before the expiration of the qualifying period, the large vehicle off road manoeuvres test provider receives from the large vehicle instructor the name and such further details relating to— (a) the person receiving instruction from that instructor who will at the appointment submit themselves for that test, (b) the licence which that person holds, (c) the nature of the test, and (d) the vehicle on which the test is to be taken, as the large vehicle off road manoeuvres test provider may reasonably require, the large vehicle off road manoeuvres test provider must make the arrangements necessary for the taking of the appropriate test.”.
This section amends regulation 33A to improve clarity and consistency.
Paragraph (a) replaces sub-paragraph (b) to specify the details instructors must provide. Paragraph (b) replaces paragraph (4) outlining the process for test arrangement based on information received from driving instructors.
In regulation 36 (cancellation of tests)— (a) in paragraph (a), at the beginning, insert “subject to paragraph (ac),”; (b) after paragraph (ab) insert— “(ac) for a practical test for a licence authorising the driving of a vehicle of a class included in category B to be conducted by a DVSA examiner must be given to the Secretary of State not less than ten clear working days before the day for which the appointment is made;”.
This section amends regulation 36 regarding test cancellations.
It adds a new paragraph (ac) establishing a 10-day notice period for cancelling category B practical driving tests conducted by DVSA examiners; it also inserts "subject to paragraph (ac)" in paragraph (a), making the cancellation process clearer.
In regulation 40A (nature of tests other than extended tests), after paragraph (2)(b)(ii), omit “and”.
This section corrects a minor drafting error in regulation 40A by omitting the word "and" after paragraph (2)(b)(ii), improving the grammatical accuracy of the sentence.
- Review (1) The Secretary of State must from time to time— (a) carry out a review of the regulatory provision contained in regulation 7; and (b) publish a report setting out the conclusions of the review. (2) The first report must be published before the end of the period of five years beginning with the date on which these Regulations come into force. (3) Subsequent reports must be published at intervals not exceeding five years. (4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular— (a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a); (b) assess the extent to which those objectives are achieved; (c) assess whether those objectives remain appropriate; (d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. (5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).
This section mandates a regular review of regulation 7 (cancellation of tests).
The Secretary of State must conduct periodic reviews (every five years) and publish reports detailing the objectives, their achievement, appropriateness, and potential for less burdensome alternatives.
The definition of "regulatory provision" is referenced in the Small Business, Enterprise and Employment Act 2015.