Written statement by on the Motor Vehicles (Driving
Licences) (Amendment) (No. 5) Regulations 2021
A statutory instrument was laid on 16 September 2021
titled the Motor Vehicles (Driving Licences) (Amendment) (No. 2)
Regulations 2021 (the ‘No. 2 Regulations’) and was due
to come into force on 15 November 2021. The substantive
legislative changes proposed in the No. 2 Regulations would have
removed the need for a person to pass the ‘B+E’ car and trailer
test before they could pull a heavy trailer behind their car.
This would have meant people with licences awarded after 1997
also no longer needed to pass a separate test to tow a heavy
trailer.
This statutory instrument was not approved in time for the No. 2
Regulations to come into force on 15 November 2021. Since such
affirmative statutory instruments cannot be amended once laid in
draft, we have taken action to lay the regulations afresh as the
draft Motor Vehicles (Driving Licences) (Amendment) (No. 5)
Regulations 2021 (the ‘No. 5 Regulations’).
To make rapid progress on this, we are seeking to make use of the
urgency procedure under paragraph 14(6) of schedule 8 to the
European Union (Withdrawal) Act 2018. I am of the opinion that,
by reason of urgency, the requirements for this affirmative
statutory instrument (by virtue of paragraph 13(1) of schedule 8
to the European Union (Withdrawal) Act 2018) to be made after
being published in draft for 28 days, together with a scrutiny
statement, should not apply.
Forgoing the 28-day publication period will allow earlier laying
of the No. 5 Regulations than would have otherwise been possible
and strengthen the steps we have already taken to
increase HGV testing capacity and ease
supply chain issues as quickly as possible. Arrangements will be
in place to ensure that the changes made by the No. 5 Regulations
are operationally effective as soon as they come into force.
