The Motor Vehicles (Driving Licences) (Amendment) Regulations (Northern Ireland) 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement the minimum standards of medical fitness required for eyesight and epilepsy, as specified in Directive 2009/113/EC of 25 August 2009 (“the Medical Directive”) (O.J. No. L 223, 26.8.09, p.31) which amends Directive 2006/126/EC of the European Parliament and of the Council on driving licences (O.J. No. L 51, 22.2.06, p.l7). The Medical Directive was added to Annex XIII of the European Economic Area Agreement by Decision of the EEA Joint Committee No. 28/2010 of 12 March 2010 (O.J. No. L 143, 10.6.10, p.23).

These Regulations amend the medical standards applicable for driver licensing of applicants and licence holders in relation to eyesight and epilepsy, by making amendments to the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996 (“the principal Regulations”).

Regulation 3 amends regulation 50 of the principal Regulations, in relation to Group 1 licences to—

(a) prescribe impairment of vision as a relevant disability, where an applicant for, or holder of, a Group 1 licence fails to meet visual acuity standards or visual field standards; or in the case of a person with diplopia or sight in only one eye, fails to meet the adaptation standard for those conditions. A licence must not be refused on the basis that a person fails to meet visual field standards, where conditions prescribed under Article 9(4)(b) are met.

(b) make epilepsy a prescribed disability for Group 1, where there has been more than one epileptic seizure in the previous five years and to prescribe the circumstances in which a licence can be granted to a person who has had two or more epileptic seizures in the previous five years, but the condition is controlled. In such a case, a Group 1 licence must not be refused on grounds of epilepsy, where prescribed conditions are met and there is either a seizure free period of one year or the only seizure which has occurred during this period is a “permitted seizure”.

(c) prescribe an isolated seizure or isolated epileptic seizure as a relevant disability, where that seizure has occurred in the previous six months (or one year if there is an underlying causative factor that may increase future risk). A Group I licence must not be refused on the grounds of an isolated seizure, which occurred outside those prescribed periods, provided additional conditions are also met.

Regulation 4 amends regulation 51 of the principal Regulations, in relation to Group 2 licences to—

(a) prescribe impairment of vision as a relevant disability, where an applicant for, or holder, of a Group 2 licence fails to meet Group 2 visual acuity, visual field or corrective lenses standards; or has sight in only one eye or uncontrolled diplopia, unless a person is excepted from a standard.

(b) prescribe conditions to be satisfied by certain categories of person with sight in only one eye where there is an existing entitlement to drive.

(c) make epilepsy a prescribed disability for Group 2, where there has been more than one seizure, or medication to treat epilepsy has been prescribed, in the previous ten years. A Group 2 licence must not be refused on grounds of epilepsy where the conditions for an isolated seizure are met; or in any other case, where no seizure has occurred and no epilepsy medication has been prescribed in the 10 year period immediately before the date when the licence is granted and additional conditions are met.

(d) prescribe an isolated seizure as a relevant disability for Group 2, where such a seizure has occurred, or medication has been prescribed to treat epilepsy or a seizure, during the previous five year period. A Group 2 licence must not be refused on grounds of an isolated seizure, provided no seizure has occurred and no relevant medication has been prescribed, in the five year period immediately before the date on which the licence is granted and provided additional conditions are also met.

The Regulations also make minor and consequential amendments.

An Explanatory Memorandum has been produced and is available from Road Safety and Vehicle Regulation Division, Department of the Environment, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB or viewed online at http://www.legislation.gov.uk/nisr.