Statutory Instruments
ROAD TRAFFIC
Made
6th March 1997
Laid before Parliament
10th March 1997
Coming into force
1st April 1997
The Secretary of State for Transport, in exercise of the powers conferred by the following provisions of the Road Traffic Act 1988(1), namely sections 88(5) and (6)(2), 89(2A), (3), (4), (5), (5A), (6), (7) and (9)(3), 89A(3)(4), 92(2)(5), 94(4) and (5)(6), 97(1), (3), (3A) and (3B)(7), 98(2) and (4)(8), 99A(5) and (6)(9), 101(2) and (3), 105(10), 108(1)(11), 114(1)(12), (2) and (6), 121(13) and 192(1)(14) after consulting with representative organisations in accordance with section 195(2) of that Act and, in the case of regulations 16(3), 29 and 51 and Schedule 2, with the approval of the Treasury(15), hereby makes the following Regulations-
1. These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 1997 and shall come into force on 1st April 1997.
2. The Motor Vehicles (Driving Licences) (Heavy Goods and Public Service Vehicles) Regulations 1990(16) are hereby revoked.
3. The Motor Vehicles (Driving Licences) Regulations 1996(17) shall be amended in accordance with the following regulations.
4.-(1) Regulation 3 (Interpretation) shall be amended as follows.
(2) In paragraph (1)-
(a)before the definition of "appropriate driving test", there shall be inserted-
""ambulance" means a motor vehicle which-
is constructed or adapted for, and used for no other purpose than, the carriage of sick, injured or disabled people to or from welfare centres or places where medical or dental treatment is given, and
is readily identifiable as such a vehicle by being marked "Ambulance" on both sides;";
(b)in the definition of "mobile project vehicle", the words "for children" shall be omitted;
(c)for the definition of "power to weight ratio" there shall be substituted-
""power to weight ratio", in relation to a motor bicycle, means the ratio of the maximum net power output of the engine of the vehicle to its weight (including the weight of any side-car) with-
a full supply of fuel in the tank,
an adequate supply of other liquids needed for its propulsion, and
no load other than its normal equipment, including loose tools;".
(3) For paragraph (2)(a) there shall be substituted-
"(ii)surrendered to the Secretary of State or is revoked otherwise than by notice under section 93(1) or (2) of the Traffic Act (revocation because of disability or prospective disability), or".
5. In regulation 4(1) (Licence groups), for "regulation 5" there shall be substituted "regulations 5 and 71A".
6. In regulation 5-
(a)in paragraph (1), after the words "passed a test", there shall be inserted "for a licence";
(b)in paragraph (2), for the words "an application", in each place where they occur, there shall be substituted "a person applying".
7. For regulation 6 there shall be substituted the provisions set out in Schedule 1 to these Regulations.
8.-(1) Regulation 7 (Minimum ages for holding or obtaining licences) shall be amended as follows.
(2) For paragraph (2)(a) there shall be substituted-
"(a)a case where a person has passed a test for a licence authorising the driving of a motor vehicle of a class included in category A, other than sub-category A1, and the standard access period (as defined in regulation 20) has elapsed, and".
(3) For paragraph (4) there shall be substituted-
"(4) In item 5 (small vehicles), the age of 16 is substituted for the age of 17 in the case of a small vehicle driven without a trailer attached where the driver of the vehicle is a person in respect of whom an award of the higher rate component of the disability living allowance made in pursuance of section 73 of the Social Security Contributions and Benefits Act 1992(18) (whether before or after his 16th birthday) is still in force.".
(4) In paragraph (6), at the end, there shall be inserted-
"and which is owned or operated by-
(5) For paragraph (8) there shall be substituted-
"(8) In item 7, the age of 18 is substituted for the age of 21 in the case of a person who is registered as an employee of a registered employer in accordance with the Training Scheme, where he is driving a vehicle which is-
(a)of a class to which his training agreement applies, and
(b)owned or operated by his employer or by a registered LGV driver training establishment.".
(5) For paragraph (11)(b) there shall be substituted-
"(b)for the purposes of paragraph (8), "registered", "training agreement" and "the Training Scheme" have the meanings respectively given in regulation 51;".
9. In regulation 10(3)(b) (Restrictions on the grant of large goods and passenger-carrying vehicle drivers' licences), for the words from "the number" to "exceeds three", there shall be substituted "at least one penalty point falls to be taken into account under section 29 of the Offenders Act".
10.-(1) Regulation 13(1) (Provisional licences: interpretation) shall be amended as follows.
(2) In paragraph (1)-
(a)for "Regulations 15 and 16" there shall be substituted "Regulation 15",
(b)in the definition of "qualified driver", for paragraph (b) there shall be substituted-
"(b)in any other case, a person who is a relevant licence holder and either-
(i)is a member of the armed forces of the Crown acting in the course of his duties for naval, military or air force purposes, or
(ii)is at least 21 years of age and has (unless paragraph (2) applies) been a relevant licence holder for an aggregate period of 3 years or more;", and
(c)after the definition of "qualified driver", there shall be inserted-
""relevant licence holder" means a person who holds-
a full licence (other than an LGV trainee driver's licence),
a full Northern Ireland licence, or
a Community licence,
authorising him to drive a motor vehicle of the same class as the vehicle being driven by the holder of the provisional licence.".
(3) In paragraph (2), for the words "he shall have held the licence" there shall be substituted "he shall have been a relevant licence holder".
11.-(1) Regulation 15 (Conditions attached to provisional licences) shall be amended as follows.
(2) In paragraph (2)(a), for "F, G or H" there shall be substituted "F, G, H or K".
(3) In paragraph (7)-
(a)for the words "a large motor bicycle" there shall be substituted "a motor bicycle other than a learner motor bicycle",
(b)at the end of sub-paragraph (b) the word "and" shall be omitted,
(c)after sub-paragraph (c), there shall be inserted-
", and (d) carrying a valid certificate issued in respect of him by the licensing authority under regulation 60(4)", and
(d)for "reflective or luminous apparel" there shall be substituted "apparel which is fluorescent or (during hours of darkness) is either fluorescent or reflective".
12.-(1) Regulation 17 (Full licences not carrying provisional entitlement) shall be amended as follows.
(2) For paragraphs (1) and (2) there shall be substituted-
"(1) The application of sections 98(2) and 99A(5) of the Traffic Act is excluded or limited in accordance with the following paragraphs.
(1A) Section 98(2) shall not apply to a full licence which authorises the driving only of motor vehicles adapted on account of a disability, whether pursuant to an application in that behalf made by the holder of the licence or pursuant to a notice served under section 92(5)(b) of the Traffic Act.
(1B) Except to the extent provided in paragraph (1C), section 98(2) of the Traffic Act shall not apply to a full licence in so far as it authorises its holder to drive motor vehicles of any class included in category B+E, C+E, D+E or K or in sub-category B1 (invalid carriages), C1 or D1 (not for hire or reward).
(1C) The holder of a full licence authorising the driving of only such classes of vehicle included in a category or sub-category as have automatic transmission may drive motor vehicles of all other classes included in that category or sub-category which have manual transmission as if he were authorised by a provisional licence to do so.
(2) Subject to paragraphs (3) and (4), the holder of a full licence authorising the driving of motor vehicles of a class included in a category or sub-category specified in column (1) of the table at the end of this regulation may drive motor vehicles of all classes included in a category or sub-category specified, in relation to that category or sub-category, in column (2) of the table as if he were authorised by a provisional licence to do so.".
(3) After paragraph (4), there shall be inserted-
"(5) The holder of a Community licence to whom section 99A(5) of the Traffic Act applies and who is authorised to drive in Great Britain only such classes of vehicle included in a category or sub-category as have automatic transmission may drive motor vehicles of all other classes included in that category or sub-category which have manual transmission as if he were authorised by a provisional licence to do so.
(6) The holder of a Community licence to whom section 99A(5) of the Traffic Act applies and who is authorised to drive in Great Britain motor vehicles of a class included in a category or sub-category specified in column (1) of the Table at the end of this regulation may drive motor vehicles of all classes included in a category or sub-category specified, in relation to that category or sub-category, in column (2) of the Table as if he were authorised by a provisional licence to do so.".
(4) At the end of the Table there shall be inserted-
"P | A, B, F and K". |
13.-(1) Regulation 21 (Persons by whom practical and unitary tests may be conducted) shall be amended as follows.
(2) In paragraph (1)-
(a)in paragraph (c), for the words "members of any such brigade" to the end of the paragraph there shall be substituted "members of the brigade of which he is the chief officer", and
(b)in paragraph (d), for the words "a police force" there shall be substituted "the police force of which he is the chief officer".
(3) In paragraph (3)(a), for the words "by that person or by the members of that class" there shall be substituted "by the applicant".
14.-(1) Regulation 22 (Persons by whom theory tests may be conducted) shall be amended as follows.
(2) In paragraph (1)-
(a)in paragraph (c), for the words "a police force" there shall be substituted "the police force of which he is the chief officer", and
(b)in paragraph (d), for the words "members of any such brigade" to the end of the paragraph there shall be substituted "members of the brigade of which he is the chief officer".
(3) In paragraph (2)(b), after "person", there shall be inserted "or class of persons".
(4) In paragraph (3)(a), for the words "by that person or by the members of that class" there shall be substituted "by the applicant".
(5) In paragraph (7)-
(a)after "person", there shall be inserted "or class of persons";
(b)for the words "a candidate's ability to drive vehicles" there shall be substituted "a candidate's knowledge and understanding of driving theory".
15. In regulation 23(1)(a) (Revocation of authority to conduct tests), for "22(1)(a)" there shall be substituted "regulations 21(1)(a) and 22(1)(a)".
16.-(1) Regulation 27(1) (Fees in respect of practical or unitary tests) shall be amended as follows.
(2) In paragraph (1), for the words "sub-paragraphs (b), (c), (d), (f) or (g) or under paragraph (2)(b) of regulation 21(1)" there shall be substituted "regulation 21(1)(b), (c), (d), (f) or (g) or (2)(b)".
(3) In paragraph (6), for "£28.50", there shall be substituted "£31.00".
17. In regulation 28(1)(c) (Applications for theory tests: applicants in person), the words "if any" shall be omitted.
18.-(1) Regulation 29 (Applications for theory tests: motor bicycle instructors) shall be amended as follows.
(2) In paragraph (1)(c) the words "if any" shall be omitted.
(3) In paragraph (2), for the words "practical or unitary" there shall be substituted "theory".
19. In regulation 30(1)(c) (Applications for theory tests: large vehicle instructors), the words "if any" shall be omitted.
20.-(1) Regulation 33 (Vehicles suitable for test) shall be amended as follows.
(2) For paragraph (1) there shall be substituted-
"(1) Subject to paragraph (2), the prescribed practical or unitary test for a licence authorising the driving of vehicles included in a category shown in column (1) of the Table at the end of this regulation must be conducted in a vehicle having a specification equivalent to or (except in the case of a test prescribed in respect of category F, G, H, K or P) higher than that shown in relation to that category in column (2) of the Table.
(1A) Subject to paragraph (2), the prescribed practical test for a licence authorising the driving of vehicles included in a sub-category shown in column (1) of the Table at the end of this regulation must be conducted in a vehicle having a specification equivalent to or higher than that shown in relation to that sub-category in column (2) of the Table.".
(3) In paragraph (2)-
(a)for the words from the beginning of the paragraph to "that the applicant" there shall be substituted "Where an applicant for a practical test prescribed in respect of category A declares that he",
(b)at the end of sub-paragraph (a), the word "and" shall be omitted, and
(c)for sub-paragraph (b) there shall be substituted-
"(b)in the case of a test for a licence authorising the driving of a standard motor bicycle and side-car combination (other than a combination included in sub-category A1), a combination which has a power to weight ratio not exceeding 0.16 kw/kg., and
(c)in the case of a test for a licence authorising the driving of a motor bicycle and side-car combination included in sub-category A1, a combination consisting of a minimum test vehicle for that sub-category and a side-car where the combination has a power to weight ratio not exceeding 0.16 kw/kg.".
(3) In paragraph (3)(d), after "D" there shall be inserted "or D+E".
(4) In the Table at the end, in column (1) after "B1", the words "in the case of any other test" shall be omitted.
21.-(1) Regulation 34 (Further requirements at tests) shall be amended as follows.
(2) In paragraphs (2)(a)(ii) and (4)(b), for the words "in the case of a person who produces an appropriate licence which does not contain his photograph", there shall be substituted "except where he has produced a licence containing his photograph".
(3) In paragraph (5), for "9(2)" there shall be substituted "9(1)".
(4) In paragraph (7), for "A, G, H or P", in both places where they occur, there shall be substituted "A, G, H, K or P".
(5) In paragraph (8), in the definition of "appropriate licence",-
(a)for "section 98(2)", there shall be substituted "section 98", and
(b)at the end there shall be inserted-
", or
a Community licence and counterpart which, by virtue of section 99A of the Traffic Act and regulation 17, authorise that person to drive motor vehicles of that class subject to the same conditions as if he were so authorised by a provisional licence.".
22.-(1) Regulation 35 (Examiner's right to refuse to conduct test) shall be amended as follows.
(2) For paragraph (2) there shall be substituted-
"(2) Where a person-
(a)fails to produce an appropriate licence as required under paragraph (2)(a)(i) or (4)(a) of regulation 34, or
(b)where he has submitted himself for a practical test, fails to produce a document required to be produced under paragraph (3) or (6) of that regulation,
if the person authorised to conduct the test-
(i)is satisfied from other evidence that the document in question exists, and
(ii)in the case of a person who has failed to produce a licence, is satisfied that the requirements of regulation 34(2)(a)(ii) or (4)(b) have been complied with,
he may conduct the test.".
(3) For paragraph (4) there shall be substituted-
"(4) Where a person who requires the assistance of an interpreter at the theory test attends at the test with an interpreter who-
(a)is not approved by the licensing authority to act as such, or
(b)appears to be acquainted with the test candidate,
the person authorised to conduct the test must refuse to do so.".
23.-(1) Regulation 36 (Nature of tests other than extended tests) shall be amended as follows.
(2) In paragraph (7)-
(a)for a "written examination" there shall be substituted "an approved form of examination", and
(b)at the end there shall be inserted "and an approved form of examination is one which is conducted in writing or by means of data recorded on equipment operating automatically in response to instructions given by the candidate".
24. In regulation 37(2) (Nature of extended tests)-
(a)for "paragraph (5)(b)" there shall be substituted "paragraph (6)(b)(ii)", and
(b)for "(b)" there shall be substituted "(ii)".
25.-(1) Regulation 39 (Exemption from theory test) shall be amended as follows.
(2) In paragraph (1), for sub-paragraphs (b) to (e) there shall be substituted-
"or
(b)he holds a full licence authorising the driving of motor vehicles either of another class included in category A or of a class included in category B; or
(c)he has passed a Northern Ireland test of competence corresponding to the test mentioned in sub-paragraph (a), or is the holder of a Northern Ireland licence corresponding to a licence mentioned in sub-paragraph (b); or
(d)he has passed a test for a licence authorising the driving of motor vehicles either of another class included in category A or of a class included in category B and is in either case a full-time member of the armed forces of the Crown.".
(3) In paragraph (2), for sub-paragraphs (b) to (e) there shall be substituted-
"or
(b)he holds a full licence authorising the driving of motor vehicles either of another class included in category B or of a class included in category A; or
(c)he has passed a Northern Ireland test of competence corresponding to the test mentioned in sub-paragraph (a) or is the holder of a Northern Ireland licence corresponding to the licence mentioned in sub-paragraph (b); or
(d)he has passed a test for a licence authorising the driving of motor vehicles either of another class included in category B or of a class included in category A and is in either case a full-time member of the armed forces of the Crown.".
(4) In paragraph (3), for sub-paragraphs (a) to (c) there shall be substituted-
"(a)he holds a full licence authorising the driving of motor vehicles of another class included in category C, other than a licence authorising the driving only of vehicles of a class included in sub-category C1 which was in force at a time before 1st January 1997, or a Northern Ireland licence corresponding to such a licence; or
(b)on or after 1st January 1997, he has passed a test for a licence authorising the driving of motor vehicles of another class included in category C and is a full-time member of the armed forces of the Crown.".
(5) In paragraph (4), for sub-paragraphs (a) to (c) there shall be substituted-
"(a)he holds a full licence authorising the driving of motor vehicles of another class included in category D other than-
(i)vehicles of a class included in sub-category D1 (not for hire or reward), and
(ii)vehicles in category D which are driven otherwise than for hire or reward;
or a Northern Ireland licence corresponding to such a licence; or
(b)on or after 1st January 1997, he has passed a test prescribed in respect of motor vehicles of another class included in category D and is a full-time member of the armed forces of the Crown.".
(6) In paragraph (5), the words "the day following the date on which" shall be omitted.
26.-(1) Regulation 40 (Entitlement on passing a test other than an appropriate driving test) shall be amended as follows.
(2) In paragraph (1)-
(a)after the words "passes a test", there shall be inserted "(other than an appropriate driving test)", and
(b)for the words "of a class of motor vehicle included in any category or sub-category" there shall be substituted "any category for a licence which (by virtue of regulation 33) authorises the driving of motor vehicles included in that category or in a sub-category thereof".
(3) Paragraphs (2)(b) and (3)(b) shall be omitted.
(4) In paragraph (3)(a), after the words "it shall" there shall be inserted "(subject to paragraph (4))".
(5) At the end, there shall be inserted-
"(4) Where the additional category is F, K or P, paragraph (3)(a) shall not apply".
27.-(1) Regulation 42 (Upgrading of entitlements) shall be amended as follows.
(2) In paragraph (1), for the words "tests prescribed in respect of" there shall be substituted "tests for a licence authorising the driving of motor vehicles included in".
(3) For paragraph (3) there shall be substituted-
"(3) A person who has passed a test for a licence authorising the driving of-
(a)motor vehicles included in a category or sub-category specified in column (A) of Table B in Schedule 9 which have automatic transmission, and
(b)motor vehicles included in a category or sub-category specified at the head of one of the columns in that table numbered (1) to (8) which have manual transmission,
is, subject to paragraph (7), deemed competent to drive in addition to the classes of vehicle in respect of which the tests were passed all vehicles included in the category or sub-category shown in the relevant numbered column of Table B in relation to the relevant test pass mentioned in column (A).".
(4) In paragraph (8), "B" shall be omitted.
(5) For paragraph (9) there shall be substituted-
"(9) Where a person, who is the holder of a licence which authorises the driving of motor vehicles included in categories B and B+E and sub-categories C1, C1+E (8.25 tonnes), D1 (not for hire or reward) and D1+E (not for hire or reward) which have automatic transmission, passes a test prescribed in respect of category B, B+E, C or D which authorises the driving of vehicles with manual transmission, he is deemed competent to drive vehicles in category B+E and in sub-categories C1, C1+E (8.25 tonnes), D1 (not for hire or reward) and D1+E (not for hire or reward)) which have manual transmission.
(9A) Where a person has passed tests for a licence authorising the driving of-
(a)motor vehicles included in category B (other than sub-category B1) having automatic transmission, and
(b)motor vehicles included in category B+E, C or D having manual transmission,
he is deemed competent to drive vehicles in category B which have manual transmission.".
28.-(1) Regulation 43 (Entitlement on passing an appropriate driving test) shall be amended as follows.
(2) In paragraph (1), for the words "prescribed in respect of" there shall be substituted "for a licence authorising the driving of".
(3) Paragraphs (2)(b) and (3)(b) shall be omitted.
(4) In paragraph (3)(a), after the words "the disqualification shall" there shall be inserted "(subject to paragraph (4A))".
(5) After paragraph (4), there shall be inserted-
"(4A) Where the test is conducted on a motor vehicle of a class included in category A and the additional category is K or P, paragraph (3)(a) shall not apply.".
(6) In paragraph (5), after "B", there shall be inserted "(other than sub-category B1)".
29. In regulation 45(5) (Practical test pass certificate forms), at the end, there shall be inserted "and, in the case of forms supplied to persons authorised under regulation 21(1)(f) or (g), the licensing authority may make a charge of £10.00 per form".
30. In regulation 46(1) (Traffic Act Part III: prescribed classes of goods and passenger-carrying vehicle, for "89A(5)", there shall be substituted "89A(3)".
31.-(1) Regulation 47 (Traffic Act Part IV: prescribed classes of goods and passenger-carrying vehicle) shall be amended as follows.
(2) For paragraph (2) there shall be substituted-
"(2) Part IV of the Traffic Act and regulations 51 to 54 shall not apply to a passenger-carrying vehicle manufactured more than 30 years before the date when it is driven and not used for hire or reward or for the carriage of more than 8 passengers.
(2A) Part IV of the Traffic Act and regulations 51 to 54 shall not apply to a passenger-carrying vehicle when it is being driven by a constable for the purpose of removing or avoiding obstruction to other road users or other members of the public, for the purpose of protecting life or property (including the passenger-carrying vehicle and its passengers) or for other similar purposes.".
(3) In paragraph (3), after "117(7)", there shall be inserted "and 117A(6)".
32.-(1) Regulation 48 (Exempted goods and military vehicles) shall be amended as follows.
(2) In paragraph (1)-
(a)in sub-paragraph (h), for "six miles" there shall be substituted "9.7 kilometres", and
(b)in sub-paragraph (o), the words "large goods" shall be omitted.
(3) In paragraph (3), for the definitions of "public road", "road construction vehicle" and "road construction machinery", there shall be substituted-
""public road" has the same meaning as in section 62(1) of the Vehicle Excise and Registration Act 1994;
"road construction machinery" means a machine or device suitable for use for the construction and repair of roads and used for no purpose other than the construction and repair of roads; and
"road construction vehicle" means a vehicle which-
is constructed or adapted for use for the conveyance of road construction machinery which is built in as part of, or permanently attached to, that vehicle, and
is not constructed or adapted for the conveyance of any other load except articles and materials used for the purposes of such machinery.".
33.-(1) Regulation 51 (LGV drivers' licences issued to persons under 21) shall be amended as follows.
(2) In paragraph (1)-
(a)in sub-paragraph (a), "either" shall be omitted, and
(b)for sub-paragraph (b) there shall be substituted-
"(b)in the case of a licence holder who is a member of the armed forces of the Crown, he shall drive no vehicle other than one which is owned or operated by the Secretary of State for Defence and is being used for naval, military or air force purposes".
(3) In paragraph (3), after "C+E" there shall be inserted "(other than vehicles included in sub-category C1+E the maximum authorised mass of which does not exceed 7.5 tonnes)".
(4) In paragraph (4), in the definition of "LGV trainee driver's licence", after "to a person" there shall be inserted "(other than a member of the armed forces of the Crown) who is".
34.-(1) Regulation 55 (Persons by whom approved training courses may be provided) shall be amended as follows.
(2) In paragraph (1)-
(a)for the words "a police force" there shall be substituted "the police force of which he is the chief officer", and
(b)for the words "by a police authority" there shall be substituted "by the police authority for the area in respect of which he is the chief officer".
(3) For paragraph (2) there shall be substituted-
"(2) A person may apply to the licensing authority to be approved to provide an approved training course for riders of motor bicycles under paragraph (1)(d), and the licensing authority may, if satisfied that the applicant-
(a)is a fit and proper person to conduct courses,
(b)will make proper arrangements for the conduct of courses in accordance with these Regulations, and
(c)will keep proper records of courses and the results thereof,
give his approval subject to any conditions which he thinks fit to impose.".
35.-(1) Regulation 56 (Instructors) shall be amended as follows.
(2) In paragraph (2)-
(a)in sub-paragraph (a), for "sub-paragraphs (a), (b) and (c)" there shall be substituted "sub-paragraphs (a), (b), (c) and (d)", and
(b)in sub-paragraph (b), for "sub-paragraphs (a) and (c)(ii)" there shall be substituted "sub-paragraphs (a), (b) and (d)(ii)".
(3) For paragraph (3) there shall be substituted-
"(3) The conditions referred to in paragraph (2) are that-
(a)he is a fit and proper person to be an instructor,
(b)he holds a full licence to drive vehicles in category A other than vehicles included in sub-category A1, and
(c)he has held that licence for an aggregate period of not less than 2 years, and
(d)either-
(i)he has completed successfully the licensing authority's assessment course for motor bicycle instructors, or
(ii)he has been trained by a certified instructor who has completed such a course successfully".
(4) Paragraph (8) shall be omitted.
(5) In paragraph (9)-
(a)in sub-paragraph (a), for "sub-paragraphs (a), (b) and (c)" there shall be substituted "sub-paragraphs (a), (b), (c) and (d)", and
(b)in sub-paragraph (b), for "sub-paragraphs (a) and (c)" there shall be substituted "sub-paragraphs (a), (b) and (d)(ii)".
36.-(1) In regulation 57(3) (Withdrawal of approval to provide training courses, etc) for the words from "receiving them" to the end of the paragraph there shall be substituted "receiving the certificate issued under regulation 56(6), return it to the licensing authority".
37.-(1) Regulation 58 (Cessation of conduct of training) shall be amended as follows.
(2) In paragraph (1), for the words from "receiving them" to the end of the paragraph there shall be substituted "receiving the certificate issued under regulation 56(6), return it to the licensing authority".
(3) In paragraph (2), after "regulation 56(6) and" there shall be inserted "(unless the licensing authority agrees otherwise)".
38. In regulation 59(1) (Approved training courses conducted on large motor bicycles), for the words "on such a motor bicycle" there shall be substituted "on a motor bicycle other than a learner motor bicycle".
39.-(1) Regulation 60 (Certified direct access instructors) shall be amended as follows.
(2) For paragraph (1) there shall be substituted-
"(1) An approved training body may, subject to the following provisions of this regulation, authorise instructors to conduct on his behalf the instruction of persons who hold provisional licences authorising the riding of large motor bicycles in the riding of motor bicycles other than learner motor bicycles".
(3) In paragraph (5), after "at any time" there shall be inserted "by notice in writing".
(4) For paragraph (6)(a) there shall be substituted-
"(a)is validly authorised by that approved training body to conduct instruction in accordance with paragraph (1), and".
(5) In paragraph (8), at the end, there shall be inserted "as if the references therein to the issue of certificates and the giving or withdrawal of approval were references to the issue of certificates and the giving or withdrawal of approval under this regulation".
40. In regulation 62(1)(b) (Ratio of trainees to instructors), after "conducted by a", there shall be inserted "certified".
41.-(1) Regulation 63 (Evidence of successful completion of training courses) shall be amended as follows.
(2) In paragraph (1), for "a certified direct access instructor", there shall be substituted "the certified direct access instructor who conducted element (E) of the course".
(3) For paragraph (2) there shall be substituted-
"(2) A certificate issued under paragraph (1) may not be submitted, in support of an application for a licence, as evidence of the successful completion of that course after the earlier of-
(a)the relevant expiry date, and
(b)in a case where the person to whom the certificate was given is later disqualified by order of a court under section 36 of the Offenders Act, the date on which the order is made.
(2A) In this regulation, "relevant expiry date" means-
(a)in the case of a course completed on or before 30th June 1996, 30th June 1999,
(b)in the case of a course completed after 30th June 1996, the last day of the period of 3 years commencing with the date of the certificate.".
42.-(1) Regulation 64 (Exemptions from Part V) shall be amended as follows.
(2) In paragraph (1), at the beginning, there shall be inserted "Subject to paragraph (1A),".
(3) After paragraph (1) there shall be inserted-
"(1A) Paragraph (1) shall cease to apply to a person if he is disqualified by order of a court under section 36 of the Offenders Act.".
43. In regulation 65(1) (Licence groups), in the definition of "Group 2 licence", for "paragraph (2)" there shall be substituted "paragraphs (2) and (3)".
44.-(1) Regulation 68 (Disabilities prescribed in respect of Group 2 licences) shall be amended as follows.
(2) In paragraph (4), after "There is prescribed" there shall be inserted "for the purposes of section 92(2) of the Traffic Act".
(3) In paragraph (8), after "to be a" there shall be inserted "source of".
45. In regulation 69(2) (High Risk Offenders), after "paragraph (1)(a)" there shall be inserted "and (b)".
46. After regulation 71 there shall be inserted-
71A.-(1) Where on 31st December 1996 a person was, by virtue of regulations then in force, the holder of, or entitled to apply for the grant of, a licence authorising the driving of vehicles included in-
(a)the former category N (vehicles used for very short distances on public roads) alone, or
(b)category F or A and the former category N,
the licensing authority may, notwithstanding anything contained in these Regulations, grant to such a person a licence authorising the driving of vehicles in the former category N (with or without vehicles in either or both of the other categories as the case may be).
(2) Any licence granted in pursuance of paragraph (1) shall be a Group 1 licence within the meaning of regulation 65.".
47. In regulation 72 (Saving in respect of mobile project vehicles), for "regulation 6(7)" there shall be substituted "regulation 6(8)".
48.-(1) Regulation 74 (Persons who become resident in Great Britain shall be amended as follows.
(2) In paragraph (1), after "small vehicle" there shall be inserted ", motor bicycle or moped".
(3) After paragraph (1) there shall be inserted-
"(1A) A person who becomes resident in Great Britain who is-
(a)the holder of a British external licence granted in the Isle of Man or Jersey authorising the driving of large goods vehicles of any class, and
(b)not disqualified for holding or obtaining a licence in Great Britain,
shall, during the period of one year after he becomes so resident, be treated for the purposes of section 87 of the Traffic Act as the holder of a licence authorising him to drive large goods vehicles of all classes which he is authorised to drive by that licence.
(1B) A person who becomes resident in Great Britain who is-
(a)the holder of a British external licence granted in the Isle of Man or Jersey authorising the driving of passenger-carrying vehicles of any class, and
(b)not disqualified for holding or obtaining a licence in Great Britain,
shall, during the period of one year after he becomes so resident, be treated for the purposes of section 87 of the Traffic Act as the holder of a licence authorising him to drive passenger-carrying vehicles of all classes which he is authorised to drive by that licence.".
(4) In paragraph (2)-
(a)For the words from the beginning of the paragraph to "the following provisions" there shall be substituted
"The following enactments relating to licence holders or licences shall apply in relation to-
all holders of relevant permits and British external licences as are mentioned in paragraphs (1), (1A) and (1B), or
(as the case may be) those permits and licences.
subject to modifications in accordance with the following provisions", and
(b)in sub-paragraph (d), for the words "Licensing authority" there shall be substituted "Secretary of State".
49.-(1) Schedule 2 (Categories of vehicle) shall be amended as follows.
(2) In column (2), at the end of the description of category A1, the words "but excluding any motor vehicle in category P" shall be omitted.
(3) In column (2), in the description of category B, after "A, F" there shall be inserted ", K".
(4) In column (2), in the description of category K, the words "excluding any vehicle in category B" shall be omitted.
50.-(1) Schedule 3 (Licence fees) shall be amended as follows.
(2) In Part 1, after the expression "93(1) and 99C(1) or (3)" in each place where it occurs in paragraphs 3 and 4, there shall be inserted "of the Traffic Act".
(3) In Part 2, in the definition of "short Group 2 licence", for "licence" there shall be substituted "Group 2 licence".
51. For the provisions of Schedule 5 (Fees for tests), there shall be substituted the provisions set out in Schedule 2 to these Regulations.
52. In Schedule 6, in the definition of "acceptable person", after "regulation 56(2)(a))", there shall be inserted "a commissioned officer in Her Majesty's Forces,".
53.-(1) Schedule 8 shall be amended as follows.
(2) In Part 1, section D4, for "police, traffic wardens, etc" there shall be substituted "police and traffic controllers".
(3) In Part 3, section B5, the words "(in the case of a test for a licence authorising the driving of vehicles in category C+E only") shall be omitted.
(4) In Part 4, section B5, the words "(in the case of a test for a licence authorising the driving of vehicles in category D+E only)" shall be omitted.
54. For Schedule 13 there shall be substituted the provisions set out in Schedule 3 to these Regulations.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under-Secretary of State,
Department of Transport
5th March 1997
We approve the making of these Regulations
Patrick McLoughlin
Richard Ottaway
Two of the Lords Commissioners of Her Majesty's Treasury
6th March 1997
Regulation 7
6.-(1) Where a person holds, or has held, a relevant full licence authorising him to drive vehicles of a class included in any category or, as the case may be, sub-category he is deemed competent to drive-
(a)vehicles of all classes included in that category or sub-category unless by that licence he is or was authorised to drive-
(i)only motor vehicles of a specified class within that category or sub-category, in which case he shall be deemed competent to drive only vehicles of that class, or
(ii)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 or sub-category as are so adapted (and for the purposes of this paragraph, a motor bicycle with a side-car may be treated in an appropriate case as a motor vehicle adapted on account of a disability),
and
(b)all classes of vehicle included in any other category or sub-category which is specified in column (3) of Schedule 2 as an additional category or sub-category in relation to that category or sub-category unless by that licence he is or was authorised to drive-
(i)only motor vehicles having automatic transmission, in which case he shall, subject to paragraph (2), be deemed competent to drive only such classes of motor vehicle included in the additional category or sub-category as have automatic transmission, or
(ii)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 or sub-category as are so adapted.
(2) Where the additional category is F, K or P, paragraph (1)(b)(i) shall not apply.
(3) A person who has held, for a period of at least two years, a relevant full licence authorising the driving of vehicles included in category C, other than vehicles included in sub-category C1, may also drive a motor vehicle of a class included in category D which is-
(a)damaged or defective and being driven to a place of repair or being road tested following repair, and
(b)is not used for the carriage of any person who is not connected with its repair or road testing,
unless by that licence he is authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only such of the vehicles mentioned in sub-paragraphs (a) and (b) as have automatic transmission.
(4) A person who holds a relevant full licence authorising the driving of vehicles included in category C, other than vehicles included in sub-category C1, may drive a dual purpose vehicle if-
(a)he is a member of the armed forces of the Crown, and
(b)the vehicle is-
(i)adapted to carry not more than 24 persons in addition to the driver, and
(ii)used to carry passengers for naval, military or air force purposes.
(5) A person who holds a relevant full licence authorising the driving of vehicles included in category D, other than vehicles included in sub-category D1 or D1 (not for hire and reward), may drive a passenger-carrying vehicle recovery vehicle unless by that licence he is authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only passenger-carrying vehicle recovery vehicles having automatic transmission.
(6) A person who holds a relevant full licence authorising the driving of vehicles included in category B, other than vehicles in sub-category B1 or B1 (invalid carriages), may drive an incomplete large vehicle unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only incomplete large vehicles having automatic transmission.
(7) A person who holds a relevant full licence authorising the driving of vehicles included in category B, other than vehicles in sub-category B1 and B1 (invalid carriages), may drive-
(a)an exempted goods vehicle other than-
(i)a passenger-carrying vehicle recovery vehicle, or
(ii)a mobile project vehicle,
(b)an exempted military vehicle, and
(c)a passenger-carrying vehicle in respect of which the conditions specified in regulation 47(2) or (2A) are satisfied,
unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only such of the vehicles mentioned in sub-paragraphs (a), (b) and (c) as have automatic transmission.
(8) A person who-
(a)holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in sub-category B1 or B1 (invalid carriages),
(b)has held that licence for an aggregate period of not less than 2 years, and
(c)is aged 21 or over,
may drive a mobile project vehicle on behalf of a non-commercial body-
(i)to or from the place where the equipment it carries is to be, or has been, used, or the display or exhibition is to be, or has been, mounted, or
(ii)to or from the place where a mechanical defect in the vehicle is to be, or has been, remedied, or
(iii)in such circumstances that by virtue of paragraph 22 of Schedule 2 to the Vehicle Excise and Registration Act 1994(21)the vehicle is not chargeable with duty in respect of its use on public roads,
unless by that licence he is authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only mobile project vehicles having automatic transmission.
(9) A person who-
(a)holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in sub-category B1 or B1 (invalid carriages),
(b)has held that licence for an aggregate period of not less than 2 years,
(c)is aged 21 or over, and
(d)receives no consideration for so doing, other than out-of pocket expenses,
may drive, on behalf of a non-commercial body for social purposes but not for hire or reward, a vehicle of a class included in sub-category D1 which has no trailer attached and has a maximum authorised mass-
(i)not exceeding 3.5 tonnes, excluding any part of that weight which is attributable to specialised equipment intended for the carriage of disabled passengers, and
(ii)not exceeding 4.25 tonnes otherwise,
unless such a person is by that licence authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only such vehicles in sub-category D1 as conform to the above specification and have automatic transmission.
(10) A person who holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in sub-category B1 or B1 (invalid carriages), may drive a vehicle of a class included in category B+E where-
(a)the trailer consists of a vehicle which is damaged or defective and is likely to represent a road safety hazard or obstruction to other road users,
(b)the vehicle is driven only so far as is reasonably necessary in the circumstances to remove the hazard or obstruction, and
(c)he receives no consideration for driving the vehicle,
unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive, in the circumstances mentioned above, only vehicles included in category B+E having automatic transmission.
(11) In this Regulation, "relevant full licence" means a full licence granted under Part III of the Traffic Act, a Northern Ireland licence corresponding to such a licence or a Community licence."
Regulation 51
(1) Category or sub-category of vehicle | (2) Test, other than an extended driving test, commencing: | |||
---|---|---|---|---|
(a) During normal hours | (b) Out of hours | |||
(3) Extended driving test commencing: | ||||
(a) During normal hours | (b) Out of hours | |||
1. A1, A and P | £38.00 | £50.00 | £76.00 | £100.00 |
2. B1, B, F, G, H and K | £31.00 | £41.00 | £62.00 | £82.00 |
4. B1 (invalid carriages) | No fee | No fee | No fee | No fee |
3. B+E, C1, C1+E, D1, D1+E, C, C+E, D and D+E | £65.00 | £83.00 | - | -" |
Regulation 54
1. Trainees must be told and must understand:-
the aims of the approved training course;
the importance of having the right equipment and clothing.
2. Trainees' eyesight must be tested. Trainees must be able to read, in good daylight, a vehicle registration mark containing letters and figures 79.4mm high at a distance of 20.5 metres (with the aid of glasses or contact lenses if worn).
Trainees must receive practical on site training at the conclusion of which they must fulfil the following requirements, that is to say they must:-
be familiar with the motor cycle, its controls and how it works;
be able to carry out basic machine checks to a satisfactory standard and be able to take the bike on and off the stand satisfactorily;
be able to wheel the machine around to the left and right showing proper balance and bring the motorcycle to a controlled halt by braking;
be able to start and stop the engine satisfactorily.
Trainees must undertake practical on site riding at the conclusion of which they must be able to:-
ride the machine under control in a straight line and bring the machine to a controlled halt;
ride the machine round a figure of eight circuit under control;
ride the machine slowly under control;
carry out a U-turn manoeuvre satisfactorily;
bring the machine to a stop under full control as in an emergency;
carry out controlled braking using both brakes;
change gear satisfactorily;
carry out rear observation correctly;
carry out simulated left and right hand turns correctly using the Observation-Signal-Manoeuvre (OSM) and Position-Speed-Look (PSL) routines.
1. Before undertaking practical on road riding trainees must be instructed in the matters set out in paragraphs 2 and 3 below and achieve the objectives mentioned therein.
2. Trainees must understand the following:-
the need to be clearly visible to other road users (the use of conspicuity aids);
the importance of knowing the legal requirements for riding on the road;
why motor cyclists are more vulnerable than most road users;
the need to drive at the correct speed according to the road and traffic conditions;
the importance of knowing the Highway Code;
the need to ride defensively and anticipate the actions of other road users;
the need to use rear observation at appropriate times;
the need to assume the correct road position when riding;
the need to leave sufficient space when following another vehicle;
the need to pay due regard to the effect of varying weather conditions when riding.
3. Trainees must be aware of:-
the effect on a vehicle of the various types of road surface that can be encountered;
the dangers of drug and alcohol use;
the consequences of aggressive attitudes when driving;
the importance of hazard perception.
1. Trainees must undertake on road riding for a period of not less than 2 hours. They must (subject to paragraph 2 below) encounter all the following traffic situations and demonstrate their ability to handle each one competently and safely:-
roundabouts
junctions
pedestrian crossings
traffic lights
gradients
bends
obstructions.
2. Upon application being made by an approved training body for the purpose, the licensing authority may excuse that body from compliance with a requirement mentioned in paragraph 1 above in respect of practical on-road instruction conducted from premises where the training body provides courses if, having regard to the location of those premises, he is satisfied that it is impractical to comply with that requirement.
3. Trainees must also repeat the following exercises in normal road conditions:-
carry out a U-turn manoeuvre satisfactorily;
bring the machine to a stop under full control as in an emergency.
(This note is not part of the Regulations)
These Regulations further amend the Motor Vehicles (Driving Licences) Regulations 1996 (S.I. 1996/2824) ("the principal regulations") by-
(a)extending to holders of Community licences the right to drive, in specified circumstances, certain types of larger vehicle in respect of which they have not passed a test (regulation 7 and Schedule 1);
(b)extending to resident holders of Community licences who hold counterpart licences the right to drive certain categories of vehicle as provisional licence holders (regulations 12(1) and (3) and 21(5));
(c)providing for the theory test to be conducted either as a written test or using computer technology (regulation 23);
(d)imposing a new charge of £10 for each form of pass certificate for a practical or unitary driving test supplied to bus operators and other companies which are authorised to conduct tests of their own drivers (regulation 29);
(e)introducing a requirement that anyone applying to the Secretary of State for approval as a provider of approved training courses for motor cyclists ("CBT courses") must be a fit and proper person to conduct those courses (regulation 34);
(f)requiring a person who has successfully undertaken a CBT course to retake it if he is disqualified by a court until he passes a driving test (regulation 41);
(g)removing the exemption from the requirement to undertake a CBT course enjoyed by a person who has passed a moped test since 1st December 1990 if he is disqualified by a court until he passes a driving test (regulation 42);
(h)introducing a revised syllabus for CBT courses (regulation 54 and Schedule 13);
(i)increasing the fees for practical and unitary driving tests (as specified below) and for the London taxi drivers' test (from £28.50 to £31) (regulation 51 and Schedule 2);
(j)modifying certain provisions of the principal regulations, in particular to clarify the status of a test prescribed in respect of a category of vehicle which is taken in a vehicle which is not prescribed as the minimum test vehicle for the entire category (in particular regulations 20, 26 and 27);
(k)modifying certain provisions of the principal regulations
where they fail to give effect to stated policy and practice, and
to correct the drafting.
(l)revoking regulations relating to heavy goods vehicle and public service vehicle licences which are now spent.
The fees payable in respect of tests from 1st April 1997 (with the percentage increase and the date of the last change shown in brackets) are:-
Type of Vehicle | Tests commenced during normal hours | Tests commenced during evenings and weekends |
---|---|---|
Motor cycles and mopeds | £38 (5.5%, May 1995) | £50 (5.3%, May 1995) |
Cars, tractors and minor categories | £31 (8.7%, May 1995) | £41 (6.5%, May 1995) |
Cars with trailers, goods vehicles and passenger-carrying vehicles | £65 (4.8%, April 1994) | £83 (3.8%, April 1994) |
Type of vehicle | Test commenced during normal hours | Test commenced at weekends |
---|---|---|
Cars | £62 (8.8%, May 1995) | £82 (5.8%, July 1993) |
Motor cycles | £76 (5.6%, May 1995) | £100 (5.3%, July 1993) |
1988 c. 52. Relevant amendments are referred to where appropriate below. Amending statutes and instruments are referred to in the footnotes to these Regulations in the following manner:"the 1989 Act" means the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22),"the 1990 Regulations" means the Driving Licences (Community Driving Licence) Regulations 1990 (S.I. 1990/144), "the 1991 Act" means the Road Traffic Act 1991 (c. 40) and"the 1996 Regulations" means the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974).
Subsection (6) was amended by the 1990 Regulations.
Subsection (2A) and (5A) were inserted by the 1989 Act, section 6; subsection (3) was amended by the 1991 Act, Schedule 4, paragraph 63; subsection (4) was amended by the 1989 Act, Schedule 3, paragraph 8 and the 1996 Regulations; subsections (7) and (9) were amended by the 1996 Regulations. Subsection (4)(b) is to be read with the Department of Transport (Fees) Order 1988 (S.I. 1988/643), as amended by S.I. 1991/811, 1993/1601, 1995/1684, and 1996/1929, the relevant entries being items 5, 5A and 6 in Schedule 1, Table III.
Section 89A was inserted by the 1989 Act, section 4(4).
Subsection (2) was amended by the 1996 Regulations.
Subsections (4) and (5) were amended by the 1989 Act, section 5(7) and (8).
Subsections (1) and (3) were amended by the 1989 Act, section 6(2) and the 1996 Regulations; subsections (3A) and (3B) were inserted by the 1989 Act, section 6(2) and subsection (3A) was amended by the 1996 Regulations; subsection (4) was amended by the 1996 Regulations.
Subsection (2) was amended by the 1989 Act section 5(10) and the 1990 Regulations; subsections (2) and (4) were amended by the 1989 Act, Schedule 3, paragraph 11.
Section 99A was inserted by the 1996 Regulations.
Subsection (2) was amended by the 1989 Act, Schedule 3, paragraph 14 and by the 1990 and 1996 Regulations.
See the definitions of "prescribed" and "regulations".
Sections 114, 115, 116 and 117 to 122 (Part IV of the Act) were substituted by the 1989 Act, section 2(1) and Schedule 2. Section 114(1) was amended by the 1996 Regulations. Section 114(1) was amended by the 1996 Regulations.
See the definition of "prescribed".
See the definition of "prescribed".
See section 105(4) of the Road Traffic Act 1988.
S.I. 1990/2611.
S.I. 1996/2824.