Motor Vehicles (Driving Licences) (Amendment No. 2) Regulations (Northern Ireland) 1998

Statutory Rules of Northern Ireland

1998 No. 415

ROAD TRAFFIC AND VEHICLES

Motor Vehicles (Driving Licences) (Amendment No. 2) Regulations (Northern Ireland) 1998

Made

20th November 1998

Coming into operation

30th December 1998

The Department of the Environment, in exercise of the powers conferred on it by Articles 9(2) and (4)(b) and 218(1) of the Road Traffic (Northern Ireland) Order 1981(1) and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment No. 2) Regulations (Northern Ireland) 1998 and shall come into operation on 30th December 1998.

Amendment of the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996

2.  After paragraph (8) of regulation 51 of the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996(2) there shall be inserted–

“(8A) Diabetes requiring insulin treatment is prescribed for the purposes of Article 9(4)(b) of the Order in the case of a person who–

(a) is an applicant for a licence authorising the driving of vehicles in sub-category C1 or C1+E (8.25 tonnes);

(b) held such a licence on 31st December 1996; and

(c) satisfies the Department that since commencing treatment with insulin, and whilst in employment for the purpose, he has had sufficient recent experience in the driving of vehicles in sub-category C1 or C1+E (8.25 tonnes) to make practicable an assessment of the risk posed by his driving vehicles of those classes, provided that he satisfies the conditions mentioned in paragraph (8B).

(8B) The conditions referred to in paragraph (8A) are that–

(a) the Department was aware on 31st December 1997 that he suffered from that disability;

(b) he has experienced no hypoglycaemic episodes while driving;

(c) he makes an arrangement to undergo at intervals of not more than 12 months an examination by a hospital consultant specialising in the treatment of diabetes and so far as is reasonably practicable conforms to that arrangement;

(d) his application is supported by a report from such a consultant sufficient to satisfy the Department that he has a history of responsible diabetic control with a minimal risk of incapacity due to hypoglycaemia during his normal working hours;

(e) he regularly monitors his condition while employed in driving vehicles in sub-category C1 or C1+E (8.25 tonnes); and

(f) the Department is satisfied that the driving of such a vehicle in pursuance of the licence is not likely to be a source of danger to the public.”.

Sealed with the Official Seal of the Department of the Environment on

L.S.

J. Ritchie

Assistant Secretary

20th November 1998.

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 542) by lifting the prohibition on the grant to insulin-dependent diabetics of licences authorising the driving of vehicles in sub-categories C1 and C1+E (8.25 tonnes)—comprising goods vehicles up to 7.5 tonnes, and goods vehicle and trailer combinations up to 8.25 tonnes, permissible maximum weight—where certain conditions are satisfied.

(1)

S.I. 1981/154 (N.I. 1); see Article 2(2) for the definition of “Department” and “prescribed”; Article 9 was substituted by S.I. 1991/197 (N.I. 3), Schedule 1 and amended by S.R. 1996 No. 426, Schedule 1, paragraph 3

(2)

S.R. 1996 No. 542 to which there are amendments not relevant to these Regulations