Motor Vehicles (Driving Licences) (Amendment No. 2) Regulations (Northern Ireland) 1996

Amendment of the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1994

2.  The Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1994(1) shall be amended as follows—

(1) In regulation 2(1) (interpretation)—

(a) after the definition of “moped” there shall be inserted—

• ““practical test” means, where a test is by virtue of these Regulations to be conducted in two parts, the part that consists of the practical test of driving skills and behaviour;” and

(b) after the definition of “the Order” there shall be inserted the following definitions—

““test” means any test of competence to drive conducted pursuant to Article 5 of the Road Traffic (Northern Ireland) Order 1981;

“theory test” means, where a test is by virtue of these Regulations to be conducted in two parts, the part that consists of the theoretical test;

“unitary test” means a test which, by virtue of these Regulations, is to consist of a practical test of driving skills and behaviour;”.

(2) In regulation 4 (grant of licences), after paragraph (1), there shall be inserted—

“(1A) An applicant for a licence who before the licence is granted is required to satisfy the Department that he has passed a test shall at the time when he applies for the licence deliver to the Department, in support of that application, either—

(a) a certificate furnished under regulation 18A(1)(a), or

(b) where paragraphs (3), (4), and (5) of regulation 16A apply, certificates furnished under regulations 18(2)(a) and 18A(2) in accordance with paragraph (3) of that regulation.”.

(3) In regulation 7 (conditions attached to provisional licences), in paragraph (1), for the words from “Provided that” to the end of the paragraph, there shall be substituted—

“(1A) The conditions specified in paragraph (1) shall not apply in relation to the driving of motor vehicles of any class where the provisional licence holder has passed a test by virtue of which he is entitled to be granted a licence authorising him to drive vehicles of that class.”.

(4) For Part III (tests of competence)(2) there shall be substituted the provisions set out in Schedule 1.

(5) After regulation 27 (persons who become resident in Northern Ireland) there shall be inserted—

“Categories of entitlement

27A.— (1) Subject to paragraph (3), licences shall be granted authorising the driving of motor vehicles in accordance with the categories specified in columns (1) and (2) of Schedule 3 and those categories are designated as groups for the purposes of Articles 5(1)(b) and 6(4)(a) of the Road Traffic (Northern Ireland) Order 1981.

(2) In these Regulations, unless the context otherwise requires, any reference to category B means that category including category B1.

(3) Where a person holds, or has held, a licence authorising him to drive vehicles of a class included in any category he is deemed competent to drive—

(a) vehicles of all classes included in that category unless by that licence he is or was authorised to drive—

(i) only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only such classes of vehicle included in that category as have automatic transmission;

(ii) only invalid carriages, in which case he shall be deemed competent to drive only such classes of vehicle included in category B1 as are invalid carriages;

(iii) 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 as are so adapted; and

(b) all classes of vehicle included in any other category which is specified in column (3) of Schedule 3 as an additional category in relation to that category unless by that licence he is or was authorised to drive—

(i) only motor vehicles having automatic transmission and the additional category is C1, D1, B plus E, C1 plus E or D1 plus E, in which case he shall be deemed competent to drive only such classes of motor vehicle included in the additional category as have automatic transmission,

(ii) only invalid carriages, in which case he shall be deemed competent to drive only such classes of vehicle included in category B1 as are invalid carriages,

(iii) 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 as are so adapted.”.

(6) For Schedule 3 (categories of motor vehicles for test purposes) there shall be substituted the provisions set out in Schedule 2.

(7) For Schedule 4 (additional requirements for driving tests) there shall be substituted the provisions set out in Schedule 3.

(8) For Schedule 6 (form of certificate and statement of driving test result) there shall be substituted the provisions set out in Schedule 4.

(1)

S.R. 1994 No. 365 as amended by S.R. 1995 No. 152 and S.R. 1996 No. 141

(2)

Regulation 15 was substituted by S.R. 1996 No. 141