The Motor Vehicles (Driving Licences) (Amendment No. 2) Regulations (Northern Ireland) 2012

Amendment to regulation 51 (disabilities prescribed in respect of Group 2 licences)

3.—(1) Regulation 51 of the principal Regulations is amended in accordance with paragraphs (2) and (3).

(2) For paragraph (6) substitute—

“(6) Diabetes mellitus is prescribed for the purposes of Article 9(2) of the Order as a relevant disability in relation to an applicant for, or a person who holds, a Group 2 licence who is being treated with insulin or another medication which carries a risk of inducing hypoglycaemia and—

(a) has experienced one or more episodes of severe hypoglycaemia during the previous one year period; or

(b) does not have full awareness of hypoglycaemia.

(6A) Diabetes mellitus is prescribed for the purposes of Article 9(4)(b) of the Order in relation to an applicant for a Group 2 licence, who—

(a) is being treated with insulin and—

(i) has undergone treatment with insulin for at least 4 weeks;

(ii) has full awareness of hypoglycaemia;

(iii) has not, during the period of one year immediately preceding the date when the licence is granted, had an episode of severe hypoglycaemia; and

(iv) satisfies the conditions prescribed in paragraphs (6B) and (6C); or

(b) is being treated with a medication which carries a risk of inducing hypoglycaemia, other than insulin, and—

(i) has full awareness of hypoglycaemia;

(ii) has not, during the period of one year immediately preceding the date when the licence is granted, had an episode of severe hypoglycaemia; and

(iii) satisfies the conditions prescribed in paragraphs (6B) and (6D).

(6B) The conditions are that the applicant—

(a) regularly monitors his condition and, in particular, undertakes blood glucose monitoring at least twice daily and at times relevant to driving;

(b) provides a signed declaration to the Department that he—

(i) understands the risk of hypoglycaemia and will comply with such directions regarding treatment for diabetes as may from time to time be given by the registered medical practitioner overseeing that treatment, or one of the clinical team working under the supervision of that registered medical practitioner;

(ii) will immediately report to the Department in writing any significant change in his condition and pending any enquiries being made by the Department, will follow the advice of his registered medical practitioner, or one of the clinical team working under the supervision of that registered medical practitioner, concerning fitness to drive; and

(iii) will provide such evidence as the Department may request to demonstrate that the monitoring referred to in sub-paragraph (a) is being carried out;

(c) is a person in respect of whom the Department is satisfied that the driving of a vehicle in accordance with the licence is not likely to be a source of danger to the public.

(6C) The further conditions for an applicant who is being treated with insulin are that—

(a) the applicant has attended an examination by a hospital consultant specialising in the treatment of diabetes, who has provided a report sufficient to satisfy the Department that the applicant has a history of responsible diabetic control and currently has a minimal risk of impairment due to hypoglycaemia;

(b) the applicant monitors his condition as set out in paragraph (6B)(a), using a device that incorporates an electronic memory function to measure and record blood glucose levels, and undertakes to continue so to monitor.

(6D) The further conditions for an applicant who is not being treated with insulin are that the applicant has attended an examination by a registered medical practitioner, who has provided a report sufficient to satisfy the Department that the applicant has a history of responsible diabetic control and currently has a minimal risk of impairment due to hypoglycaemia.

(6E) In this regulation “severe hypoglycaemia” has the same meaning as in regulation 50(7).”.

(3) Omit paragraphs (8A)(1) and (8B)(2).

(1)

Paragraph (8A) was inserted by S.R. 1998 No. 415 and substituted by S.R. 2001 No. 267

(2)

Paragraph (8B) was inserted by S.R. 1998 No. 415, amended by S.R. 1999 No. 358 and substituted by S.R. 2001 No. 267