The Driving Licences (Community Driving Licence) Regulations (Northern Ireland) 1996

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Road Traffic (Northern Ireland) Order 1981, certain other Orders, the Transport Act (Northern Ireland) 1967 and the Motor Vehicles (International Circulation) Order (Northern Ireland) 1990 so as to give effect to Council Directive 91/439/EEC of 29th July 1991 on driving licences (O.J. No. L237, 24.8.91, p. 1). The Directive applies, by virtue of Decision 7/94 of the EEA Joint Committee (O.J. L160, 28.6.94, p. 1), to states within the European Economic Area.

The principal changes made are as follows—

• holders of driving licences issued by states within the EEA (called “Community licences”) who become resident in Northern Ireland are authorised to drive here without the need to exchange their licences for Northern Ireland ones within a year of taking up residence; the right to exchange, however, is not removed and, where necessary for the purpose of applying Northern Ireland legislative provisions as to periods of validity, standards of health and fitness and driving disqualification, exchange of licences is made mandatory;

• a Community licence held by a Northern Ireland resident is valid for the same period as an equivalent Northern Ireland licence unless it would have expired earlier had the holder remained in the state of issue or would otherwise have been invalid in that state (in which case its validity is governed by the law of that state);

• resident Community licence holders are made subject to the same standards of health and fitness and the same regime of medical checks as persons holding Northern Ireland licences;

• resident Community licence holders who hold licences entitling them to drive large goods and passenger-carrying vehicles are made subject to the drivers' conduct regime of Part V of the Road Traffic (Northern Ireland) Order 1981;

• resident Community licence holders who hold licences entitling them to drive certain classes of goods and passenger-carrying vehicles are required to submit to the Department details of their driving entitlement and other information within a year of becoming resident; other resident Community licence holders may submit such details if they choose;

• provision is made, by amendment of the Road Traffic (Northern Ireland) Order 1981 and by modification of the Department’s regulation-making powers under that Order for—

  (i)

  the recategorisation of vehicles for licensing purposes, and

  (ii)

  changes in the minimum age limit for driving motor cycles;

• the right to the issue of a Northern Ireland driving licence is restricted to persons normally resident in Northern Ireland or, in some cases, in the United Kingdom;

• the benefit of certain statutory provisions, such as the right to be licensed to drive a taxi or to drive small buses for charitable and similar purposes is extended to holders of Community licences who are authorised to drive motor cars.

Copies of the EEC Directive referred to in this note can be obtained from Her Majesty’s Stationery Office, 16 Arthur Street, Belfast.