Road Traffic (Driver Licensing and Information Systems) Act 1989

Part II Transitory Provisions

10 (1) Notwithstanding section 22(1) of the 1981 Act but subject to sub-paragraphs (2) and (3) below, a person may drive, or be employed to drive, a public service vehicle on a road without being the holder of a licence if—

(a) he has made an application for the grant of a licence, and

(b) he has passed the test of competence to drive.

(2) The authority conferred by sub-paragraph (1) above shall extend only for the prescribed period.

(3) In the event of the applicant’s being refused the grant of a licence, the authority conferred by sub-paragraph (1) above shall cease to have effect as from the date on which he is notified of the refusal.

(4) A person who, for the purposes of an application for the grant of a licence, takes the test of competence to drive—

(a) before the application is made, or

(b) within the prescribed period beginning with the date on which the application was made,

is guilty of an offence and the test shall be of no effect.

(5) A person who, after the refusal of his application for a licence, takes a test of competence to drive arranged for the purposes of his application, is guilty of an offence and the test shall be of no effect.

(6) The Secretary of State may make regulations for prescribing anything which may be prescribed under this paragraph and the power is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) In this paragraph—

• “licence” means a licence under section 22 of the 1981 Act to drive public service vehicles;

• “test of competence to drive” means the test of competence to drive prescribed for the purposes of subsection (3) of that section;

and, in the case of a licence limited to any class of public service vehicle, any reference to a test of competence to drive is a reference to a test of competence to drive that class of public service vehicle.

11 Notwithstanding section 87 of the 1988 Act, a person who is the holder of a licence to drive motor vehicles granted under Part III of that Act and coming into force on or after 1st June 1990 and is also the holder of—

(a) a licence under Part IV of that Act to drive heavy goods vehicles of any class, or

(b) a licence under section 22 of the 1981 Act to drive public service vehicles of any class,

may drive, or be caused or permitted to drive, a heavy goods vehicle or (as the case may be) a public service vehicle of that class notwithstanding that his licence under Part III of the 1988 Act does not authorise him to drive such a vehicle.

12 The power to make regulations under paragraph 8 above includes power to prescribe the classes of goods vehicle or passenger-carrying vehicle which, by virtue of section 1(2) of this Act, the holder of an existing licence is authorised to drive during the currency of his existing licence.