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The Motor Vehicles (Driving Licences) (Amendment No. 3) Regulations (Northern Ireland) 2012

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

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3.—(1) The Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996(1) are amended in accordance with paragraphs (2) to (9).

(2) In regulation 2(1) (interpretation) after the definition of “B1 vehicle”(2) insert—

“category A motorcycle” means a motor bicycle—

(a)

of a power exceeding 35 kilowatts or with a power to weight ratio exceeding 0.2 kilowatts per kilogram; or

(b)

of a power not exceeding 3.5 kilowatts with a power to weight ratio not exceeding 0.2 kilowatts per kilogram and derived from a vehicle of more than double its power;.

(3) In regulation 6 (minimum ages for holding or obtaining licences) for paragraph (1H)(3) substitute—

(1H) For the age of 24 in relation to item 3C there is substituted—

(a)the age of 20 in the case of a person holding a Community licence authorising the driving of vehicles in category A; and

(b)the age of 17 in a case where a person—

(i)passes an appropriate driving test after 18th January 2013 on a category A or A2 motorcycle; and

(ii)was entitled before 19th January 2013, to a licence to drive a motor bicycle with an engine having a maximum net power output exceeding 25 kilowatts or a power to weight ratio exceeding 0.16 kilowatts per kilogram..

(4) In regulation 27 (further requirements at test) for paragraph (5A)(4) substitute—

(5A) A person submitting himself for a special manoeuvres test or a practical test for a licence authorising the driving of a motor vehicle of a class included in the category specified in column (1) of the Table shall before the test commences, unless he is exempt from the requirement imposed by Article 5(2A) of the Order, produce to the examiner a valid certificate furnished under regulation 47G(1) or 47G(1A) showing the successful completion of an approved training course in the category of vehicle specified in column (2) of the Table or a valid certificate corresponding to such a certificate furnished under the law of Great Britain.

Column (1)

Category of vehicle

Column (2)

Category of vehicle shown on certificate

AMP, AM, A1, A2 or A
A1P, AM, A1, A2 or A
A2A2 or A
AA2 or A

(5) In regulation 35 (entitlement upon passing an appropriate driving test)—

(a)in paragraph (1) for “, and (4)” substitute “, (4) and (4A)”;

(b)at the beginning of paragraph (4) insert “Subject to paragraph (4A),”; and

(c)after paragraph (4) insert—

(4A) Where a person passes the two-part practical test on a category A2 motorcycle the disqualification is deemed to have expired additionally in relation to all classes of vehicle included in category A unless that test is passed on a vehicle with automatic transmission, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in category A as have automatic transmission..

(6) In regulation 47B(5) (nature and conduct of training courses)—

(a)at the beginning of paragraph (1) insert “Subject to paragraph (4),”;

(b)at the beginning of paragraph (2) insert “Subject to paragraph (4),”; and

(c)after paragraph (3) add—

(4) A training course for riders of category A2 or A motorcycles shall, where the rider has prior to 19th January 2013 successfully completed an approved training course in accordance with paragraph (1) and has a valid certificate issued under regulation 47G, comprise only of element (E) as set out in Module 3 of the course..

(7) In regulation 47G (evidence of successful completion of course)—

(a)at the beginning of paragraph (1) insert “Subject to paragraph (1A),”;

(b)after paragraph (1) insert—

(1A) Where an approved motorcycle instructor conducts element (E) as set out in Module 3 of the course under regulation 47B(4) he shall furnish a person who successfully completes element (E) with a certificate in the form set out in Schedule 10B and signed by him upon production of the certificate previously issued.;

(c)in paragraph (2) for “under paragraph (1)” substitute “under paragraph (1) or (1A)”; and

(d)in paragraph (3) for “under paragraph (1)” substitute “under paragraph (1) or (1A)”.

(8) In regulation 47H (exemptions from Part IVA)—

(a)in paragraph (1)(6) for “a person who” substitute “a person who rides a category A1 motorcycle and who”;

(b)for paragraph (3) substitute—

(3) Subject to paragraph (5), Articles 5(2A) and 14(3)(b) of the Order shall not apply to a person who has held for a period of not less than two years a full licence for a category A1 motorcycle in respect of a test of competence to drive a category A2 or category A motorcycle.;

(c)omit paragraph (4);

(d)in paragraph (5) for “paragraphs (3) and (4)” substitute “paragraph (3)”; and

(e)in paragraph (6) after “category P” insert “or category AM”.

(9) In Schedule 10A(7) (elements of an approved training course), in Module 3—

(a)in paragraph (1) after “safely” insert “at up to the legal speed limit for the motorcycle category—”;

(b)in item (h) omit “and”;

(c)in item (i) after “obstructions;” insert “and”; and

(d)after item (i) add—

(j)overtaking, where the opportunity arises..

(1)

S.R. 1996 No. 542; relevant amending Regulations are S.R. 1997 No. 383, S.R. 2011 No. 21 and S.R. 2012 No. 170

(2)

The definition of “B1 vehicle” was inserted by regulation 3(2)(b) of S.R. 2012 No. 170

(3)

Paragraph (1H) was inserted by regulation 3(6)(a) of S.R. 2012 No. 170

(4)

Paragraph (5A) was inserted by regulation 2(4) of S.R. 2011 No. 21

(5)

Regulations 47A to 47H were inserted by regulation 2(9) of S.R. 2011 No. 21

(6)

Paragraph (1) was substituted by regulation 3(24) of S.R. 2012 No. 170

(7)

Schedule 10A was inserted by regulation 2(11) of S.R. 2011 No. 21

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