Compulsory Basic Training Certificate

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A decision made (24/09/2008) regarding: Compulsory Basic Training Certificate - Validity.

Decision Reference: MD-T-2008-0087
Decision Summary Title :	Compulsory Basic Training Pass Certificate - Validity		Date of Decision Summary:	03 September 2008
Decision Summary Author:	James B Sinclair Deputy Inspector of Motor Traffic		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Compulsory Basic Training Pass Certificate – Validity		Date of Written Report:	03 September 2008
Written Report Author:	James B Sinclair Deputy Inspector of Motor Traffic		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Compulsory Basic Training Certificate – Validity
Decision(s): The Minister determined that he should amend the Motor Vehicles (Driving Licences) (Jersey) Order 2003 to remove the three year validity limit from Compulsory Basic Training Pass Certificates.
Reason(s) for Decision: To make Compulsory Basic Training Pass Certificates valid indefinitely so as not to inconvenience motorcycle riders.
Resource Implications: None
Action required: The Deputy Inspector of Motor Traffic to request the Law Draftsman to prepare three amendments to the Motor Vehicles (Driving Licences) (Jersey) Order 2003.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Compulsory Basic Training Certificate - Validity.

TRANSPORT & TECHNICAL SERVICES

COMPULSORY BASIC TRAINING PASS CERTIFICATE

Purpose of Report

To seek the approval of the Minister to remove the three year validity on Compulsory Basic Training pass certificates for motorcyclists.

Background

When the motorcycle Compulsory Basic Training legislation was introduced in 1997 it was decided to make the pass certificates issued on successfully completing the training valid for three years. No record can be found as to why this time limit was imposed. The UK’s current validity period is two years.

Discussion

Recently there have been a couple of cases where motorcyclists’ CBT pass certificates validity has expired. Despite riding mopeds on a full licence for a number of years these riders were unable to book practical driving tests for light motorcycles because the legislation requires test applicants to produce a valid CBT pass certificate i.e. one which was issued within three years of the test application date.

It is considered that there is no merit to this continuing as the important thing is that the rider has successfully passed a CBT course and it is of little consequence if it is within three years of a test application or longer than three years. It would remain the responsibility of the licence holder to prove that he / she had passed a CBT course.

Furthermore, this is not the situation for someone who already has a light motorcycle licence wanting to upgrade to a heavy motorcycle. The law is clear in this regard and a further CBT certificate is not required. This appears to be an anomaly in the law and it would be sensible to make the provisions consistent.

Provision can be made by making three small amendments to Articles 21(1) (c), 24 (4) (e) and Schedule 6 of the Motor Vehicles (Driving Licences) (Jersey) Order 2003 by removing all references to a three year validity.

Recommendation

The Minister agreed to the amendments to the Driving Licence Order.

Reasons for Decision

To make CBT pass certificates valid indefinitely thereby negating the requirement for a rider to re-sit and pass the CBT course if his / her certificate is over three years old simply in order to book a practical motorcycle driving test.

Action Required

On receipt of approval of the Minister, the Deputy Inspector of Motor Traffic to draft the necessary instructions to the Law Draftsman.

These amendments to the Order would be done at the same time the Order is amended with the 2009 fee increases.

Written by: James B Sinclair

Deputy Inspector of Motor Traffic

Approved by: Caroline Anderson

Director of Transport