The Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 1997 © Crown Copyright 1997 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 1997 , ISBN 0 11 064301 1. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available. STATUTORY INSTRUMENTS 1997 No. 669
The Secretary of State for Transport, in exercise of the powers conferred by the following provisions of the Road Traffic Act 1988[1], namely sections 88(5) and (6)[2], 89(2A), (3), (4), (5), (5A), (6), (7) and (9)[3], 89A(3)[4], 92(2)[5], 94(4) and (5)[6], 97(1), (3), (3A) and (3B)[7], 98(2) and (4)[8], 99A(5) and (6)[9], 101(2) and (3), 105[10], 108(1)[11], 114(1)[12], (2) and (6), 121[13] and 192(1)[14] after consulting with representative organisations in accordance with section 195(2) of that Act and, in the case of regulations 16(3), 29 and 51 and Schedule 2, with the approval of the Treasury[15], hereby makes the following Regulations - 1 . These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 1997 and shall come into force on 1st April 1997. 2 . The Motor Vehicles (Driving Licences) (Heavy Goods and Public Service Vehicles) Regulations 1990[16] are hereby revoked. 3 . The Motor Vehicles (Driving Licences) Regulations 1996[17] shall be amended in accordance with the following regulations. 4 . - (1) Regulation 3 (Interpretation) shall be amended as follows. (2) In paragraph (1) -
(b) is readily identifiable as such a vehicle by being marked "Ambulance" on both sides;";
(b) in the definition of "mobile project vehicle", the words "for children" shall be omitted;
(b) an adequate supply of other liquids needed for its propulsion, and (c) no load other than its normal equipment, including loose tools;".
(3) For paragraph (2)(a) there shall be substituted -
5
.
In regulation 4(1) (Licence groups), for "regulation 5" there shall be substituted "regulations 5 and 71A".
(b) in paragraph (2), for the words "an application", in each place where they occur, there shall be substituted "a person applying".
7
.
For regulation 6 there shall be substituted the provisions set out in Schedule 1 to these Regulations.
(3) For paragraph (4) there shall be substituted -
(4) In paragraph (6), at the end, there shall be inserted -
(b) a National Health Service Trust established under Part I of that Act or under the National Health Service (Scotland) Act 1978[20]."
(5) For paragraph (8) there shall be substituted -
(b) owned or operated by his employer or by a registered LGV driver training establishment.".
(5) For paragraph (11)(b) there shall be substituted -
9
.
In regulation 10(3)(b) (Restrictions on the grant of large goods and passenger-carrying vehicle drivers' licences), for the words from "the number" to "exceeds three", there shall be substituted "at least one penalty point falls to be taken into account under section 29 of the Offenders Act".
(b) in the definition of "qualified driver", for paragraph (b) there shall be substituted -
(ii) is at least 21 years of age and has (unless paragraph (2) applies) been a relevant licence holder for an aggregate period of 3 years or more;", and
(c) after the definition of "qualified driver", there shall be inserted -
(b) a full Northern Ireland licence, or (c) a Community licence,
authorising him to drive a motor vehicle of the same class as the vehicle being driven by the holder of the provisional licence.".
(3) In paragraph (2), for the words "he shall have held the licence" there shall be substituted "he shall have been a relevant licence holder".
(b) at the end of sub-paragraph (b) the word "and" shall be omitted, (c) after sub-paragraph (c), there shall be inserted -
(d) for "reflective or luminous apparel" there shall be substituted "apparel which is fluorescent or (during hours of darkness) is either fluorescent or reflective".
12
.
- (1) Regulation 17 (Full licences not carrying provisional entitlement) shall be amended as follows.
(1A) Section 98(2) shall not apply to a full licence which authorises the driving only of motor vehicles adapted on account of a disability, whether pursuant to an application in that behalf made by the holder of the licence or pursuant to a notice served under section 92(5)(b) of the Traffic Act. (1B) Except to the extent provided in paragraph (1C), section 98(2) of the Traffic Act shall not apply to a full licence in so far as it authorises its holder to drive motor vehicles of any class included in category B+ E, C+ E, D+ E or K or in sub-category B1 (invalid carriages), C1 or D1 (not for hire or reward). (1C) The holder of a full licence authorising the driving of only such classes of vehicle included in a category or sub-category as have automatic transmission may drive motor vehicles of all other classes included in that category or sub-category which have manual transmission as if he were authorised by a provisional licence to do so. (2) Subject to paragraphs (3) and (4), the holder of a full licence authorising the driving of motor vehicles of a class included in a category or sub-category specified in column (1) of the table at the end of this regulation may drive motor vehicles of all classes included in a category or sub-category specified, in relation to that category or sub-category, in column (2) of the table as if he were authorised by a provisional licence to do so.".
(3) After paragraph (4), there shall be inserted -
(6) The holder of a Community licence to whom section 99A(5) of the Traffic Act applies and who is authorised to drive in Great Britain motor vehicles of a class included in a category or sub-category specified in column (1) of the Table at the end of this regulation may drive motor vehicles of all classes included in a category or sub-category specified, in relation to that category or sub-category, in column (2) of the Table as if he were authorised by a provisional licence to do so.".
(4) At the end of the Table there shall be inserted -
13
.
- (1) Regulation 21 (Persons by whom practical and unitary tests may be conducted) shall be amended as follows.
(b) in paragraph (d), for the words "a police force" there shall be substituted "the police force of which he is the chief officer".
(3) In paragraph (3)(a), for the words "by that person or by the members of that class" there shall be substituted "by the applicant".
(b) in paragraph (d), for the words "members of any such brigade" to the end of the paragraph there shall be substituted "members of the brigade of which he is the chief officer".
(3) In paragraph (2)(b), after "person", there shall be inserted "or class of persons".
(b) for the words "a candidate's ability to drive vehicles" there shall be substituted "a candidate's knowledge and understanding of driving theory".
15
.
In regulation 23(1)(a) (Revocation of authority to conduct tests), for "22(1)(a)" there shall be substituted "regulations 21(1)(a) and 22(1)(a)".
(1A) Subject to paragraph (2), the prescribed practical test for a licence authorising the driving of vehicles included in a sub-category shown in column (1) of the Table at the end of this regulation must be conducted in a vehicle having a specification equivalent to or higher than that shown in relation to that sub-category in column (2) of the Table.".
(3) In paragraph (2) -
(b) at the end of sub-paragraph (a), the word "and" shall be omitted, and (c) for sub-paragraph (b) there shall be substituted -
(c) in the case of a test for a licence authorising the driving of a motor bicycle and side-car combination included in sub-category A1, a combination consisting of a minimum test vehicle for that sub-category and a side-car where the combination has a power to weight ratio not exceeding 0.16 kw/kg.".
(3) In paragraph (3)(d), after "D" there shall be inserted "or D+
E".
(b) at the end there shall be inserted -
22
.
- (1) Regulation 35 (Examiner's right to refuse to conduct test) shall be amended as follows.
(b) where he has submitted himself for a practical test, fails to produce a document required to be produced under paragraph (3) or (6) of that regulation,
if the person authorised to conduct the test -
(ii) in the case of a person who has failed to produce a licence, is satisfied that the requirements of regulation 34(2)(a)(ii) or (4)(b) have been complied with,
he may conduct the test.".
(3) For paragraph (4) there shall be substituted -
(b) appears to be acquainted with the test candidate,
the person authorised to conduct the test must refuse to do so.".
23
.
- (1) Regulation 36 (Nature of tests other than extended tests) shall be amended as follows.
(b) at the end there shall be inserted "and an approved form of examination is one which is conducted in writing or by means of data recorded on equipment operating automatically in response to instructions given by the candidate".
24
.
In regulation 37(2) (Nature of extended tests) -
(b) for "(b)" there shall be substituted "(ii)".
25
.
- (1) Regulation 39 (Exemption from theory test) shall be amended as follows.
(b) he holds a full licence authorising the driving of motor vehicles either of another class included in category A or of a class included in category B; or (c) he has passed a Northern Ireland test of competence corresponding to the test mentioned in sub-paragraph (a), or is the holder of a Northern Ireland licence corresponding to a licence mentioned in sub-paragraph (b); or (d) he has passed a test for a licence authorising the driving of motor vehicles either of another class included in category A or of a class included in category B and is in either case a full-time member of the armed forces of the Crown.".
(3) In paragraph (2), for sub-paragraphs (b) to (e) there shall be substituted -
(b) he holds a full licence authorising the driving of motor vehicles either of another class included in category B or of a class included in category A; or (c) he has passed a Northern Ireland test of competence corresponding to the test mentioned in sub-paragraph (a) or is the holder of a Northern Ireland licence corresponding to the licence mentioned in sub-paragraph (b); or (d) he has passed a test for a licence authorising the driving of motor vehicles either of another class included in category B or of a class included in category A and is in either case a full-time member of the armed forces of the Crown.".
(4) In paragraph (3), for sub-paragraphs (a) to (c) there shall be substituted -
(b) on or after 1st January 1997, he has passed a test for a licence authorising the driving of motor vehicles of another class included in category C and is a full-time member of the armed forces of the Crown.".
(5) In paragraph (4), for sub-paragraphs (a) to (c) there shall be substituted -
(ii) vehicles in category D which are driven otherwise than for hire or reward;
or a Northern Ireland licence corresponding to such a licence; or
(6) In paragraph (5), the words "the day following the date on which" shall be omitted.
(b) for the words "of a class of motor vehicle included in any category or sub-category" there shall be substituted "any category for a licence which (by virtue of regulation 33) authorises the driving of motor vehicles included in that category or in a sub-category thereof".
(3) Paragraphs (2)(b) and (3)(b) shall be omitted.
27
.
- (1) Regulation 42 (Upgrading of entitlements) shall be amended as follows.
(b) motor vehicles included in a category or sub-category specified at the head of one of the columns in that table numbered (1) to (8) which have manual transmission,
is, subject to paragraph (7), deemed competent to drive in addition to the classes of vehicle in respect of which the tests were passed all vehicles included in the category or sub-category shown in the relevant numbered column of Table B in relation to the relevant test pass mentioned in column (A).".
(4) In paragraph (8), "B" shall be omitted.
(9A) Where a person has passed tests for a licence authorising the driving of -
(b) motor vehicles included in category B+ E, C or D having manual transmission,
he is deemed competent to drive vehicles in category B which have manual transmission.".
28
.
- (1) Regulation 43 (Entitlement on passing an appropriate driving test) shall be amended as follows.
(6) In paragraph (5), after "B", there shall be inserted "(other than sub-category B1)".
(2A) Part IV of the Traffic Act and regulations 51 to 54 shall not apply to a passenger-carrying vehicle when it is being driven by a constable for the purpose of removing or avoiding obstruction to other road users or other members of the public, for the purpose of protecting life or property (including the passenger-carrying vehicle and its passengers) or for other similar purposes.".
(3) In paragraph (3), after "117(7)", there shall be inserted "and 117A(6)".
(b) in sub-paragraph (o), the words "large goods" shall be omitted.
(3) In paragraph (3), for the definitions of "public road", "road construction vehicle" and "road construction machinery", there shall be substituted -
(b) is not constructed or adapted for the conveyance of any other load except articles and materials used for the purposes of such machinery.".
33
.
- (1) Regulation 51 (LGV drivers' licences issued to persons under 21) shall be amended as follows.
(b) for sub-paragraph (b) there shall be substituted -
(3) In paragraph (3), after "C+
E" there shall be inserted "(other than vehicles included in sub-category C1+
E the maximum authorised mass of which does not exceed 7.5 tonnes)".
(b) for the words "by a police authority" there shall be substituted "by the police authority for the area in respect of which he is the chief officer".
(3) For paragraph (2) there shall be substituted -
(b) will make proper arrangements for the conduct of courses in accordance with these Regulations, and (c) will keep proper records of courses and the results thereof,
give his approval subject to any conditions which he thinks fit to impose.".
35
.
- (1) Regulation 56 (Instructors) shall be amended as follows.
(b) in sub-paragraph (b), for "sub-paragraphs (a) and (c)(ii)" there shall be substituted "sub-paragraphs (a), (b) and (d)(ii)".
(3) For paragraph (3) there shall be substituted -
(b) he holds a full licence to drive vehicles in category A other than vehicles included in sub-category A1, and (c) he has held that licence for an aggregate period of not less than 2 years, and (d) either -
(ii) he has been trained by a certified instructor who has completed such a course successfully".
(4) Paragraph (8) shall be omitted.
(b) in sub-paragraph (b), for "sub-paragraphs (a) and (c)" there shall be substituted "sub-paragraphs (a), (b) and (d)(ii)".
36
.
- (1) In regulation 57(3) (Withdrawal of approval to provide training courses, etc) for the words from "receiving them" to the end of the paragraph there shall be substituted "receiving the certificate issued under regulation 56(6), return it to the licensing authority".
(3) In paragraph (5), after "at any time" there shall be inserted "by notice in writing".
(5) In paragraph (8), at the end, there shall be inserted "as if the references therein to the issue of certificates and the giving or withdrawal of approval were references to the issue of certificates and the giving or withdrawal of approval under this regulation".
(b) in a case where the person to whom the certificate was given is later disqualified by order of a court under section 36 of the Offenders Act, the date on which the order is made.
(2A) In this regulation, "relevant expiry date" means -
(b) in the case of a course completed after 30th June 1996, the last day of the period of 3 years commencing with the date of the certificate.".
42
.
- (1) Regulation 64 (Exemptions from Part V) shall be amended as follows.
43
.
In regulation 65(1) (Licence groups), in the definition of "Group 2 licence", for "paragraph (2)" there shall be substituted "paragraphs (2) and (3)".
71 A. - (1) Where on 31st December 1996 a person was, by virtue of regulations then in force, the holder of, or entitled to apply for the grant of, a licence authorising the driving of vehicles included in -
(b) category F or A and the former category N,
the licensing authority may, notwithstanding anything contained in these Regulations, grant to such a person a licence authorising the driving of vehicles in the former category N (with or without vehicles in either or both of the other categories as the case may be).
47
.
In regulation 72 (Saving in respect of mobile project vehicles), for "regulation 6(7)" there shall be substituted "regulation 6(8)".
(b) not disqualified for holding or obtaining a licence in Great Britain,
shall, during the period of one year after he becomes so resident, be treated for the purposes of section 87 of the Traffic Act as the holder of a licence authorising him to drive large goods vehicles of all classes which he is authorised to drive by that licence.
(b) not disqualified for holding or obtaining a licence in Great Britain,
shall, during the period of one year after he becomes so resident, be treated for the purposes of section 87 of the Traffic Act as the holder of a licence authorising him to drive passenger-carrying vehicles of all classes which he is authorised to drive by that licence.".
(4) In paragraph (2) -
(b) (as the case may be) those permits and licences.
subject to modifications in accordance with the following provisions", and
49
.
- (1) Schedule 2 (Categories of vehicle) shall be amended as follows. "Competence to drive classes of vehicle 6. - (1) Where a person holds, or has held, a relevant full licence authorising him to drive vehicles of a class included in any category or, as the case may be, sub-category he is deemed competent to drive -
(ii) 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 or sub-category as are so adapted (and for the purposes of this paragraph, a motor bicycle with a side-car may be treated in an appropriate case as a motor vehicle adapted on account of a disability),
and
(ii) 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 or sub-category as are so adapted.
(2) Where the additional category is F, K or P, paragraph (1)(b)(i) shall not apply.
(b) is not used for the carriage of any person who is not connected with its repair or road testing,
unless by that licence he is authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only such of the vehicles mentioned in sub-paragraphs (a) and (b) as have automatic transmission.
(b) the vehicle is -
(ii) used to carry passengers for naval, military or air force purposes.
(5) A person who holds a relevant full licence authorising the driving of vehicles included in category D, other than vehicles included in sub-category D1 or D1 (not for hire and reward), may drive a passenger-carrying vehicle recovery vehicle unless by that licence he is authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only passenger-carrying vehicle recovery vehicles having automatic transmission.
(ii) a mobile project vehicle,
(b) an exempted military vehicle, and
unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only such of the vehicles mentioned in sub-paragraphs (a), (b) and (c) as have automatic transmission.
(b) has held that licence for an aggregate period of not less than 2 years, and (c) is aged 21 or over,
may drive a mobile project vehicle on behalf of a non-commercial body -
(ii) to or from the place where a mechanical defect in the vehicle is to be, or has been, remedied, or (iii) in such circumstances that by virtue of paragraph 22 of Schedule 2 to the Vehicle Excise and Registration Act 1994[21]the vehicle is not chargeable with duty in respect of its use on public roads,
unless by that licence he is authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only mobile project vehicles having automatic transmission.
(9) A person who -
(b) has held that licence for an aggregate period of not less than 2 years, (c) is aged 21 or over, and (d) receives no consideration for so doing, other than out-of pocket expenses,
may drive, on behalf of a non-commercial body for social purposes but not for hire or reward, a vehicle of a class included in sub-category D1 which has no trailer attached and has a maximum authorised mass -
(ii) not exceeding 4.25 tonnes otherwise,
unless such a person is by that licence authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only such vehicles in sub-category D1 as conform to the above specification and have automatic transmission.
(10) A person who holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in sub-category B1 or B1 (invalid carriages), may drive a vehicle of a class included in category B+
E where -
(b) the vehicle is driven only so far as is reasonably necessary in the circumstances to remove the hazard or obstruction, and (c) he receives no consideration for driving the vehicle,
unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive, in the circumstances mentioned above, only vehicles included in category B+
E having automatic transmission.
(A) Introduction 1. Trainees must be told and must understand: -
2. Trainees' eyesight must be tested. Trainees must be able to read, in good daylight, a vehicle registration mark containing letters and figures 79.4mm high at a distance of 20.5 metres (with the aid of glasses or contact lenses if worn).
(C) Practical on site riding
(D) Practical on road training
3. Trainees must be aware of: -
(E) Practical on road riding
2. Upon application being made by an approved training body for the purpose, the licensing authority may excuse that body from compliance with a requirement mentioned in paragraph 1 above in respect of practical on-road instruction conducted from premises where the training body provides courses if, having regard to the location of those premises, he is satisfied that it is impractical to comply with that requirement.
(This note is not part of the Regulations) These Regulations further amend the Motor Vehicles (Driving Licences) Regulations 1996 (S.I. 1996/2824) ("the principal regulations") by -
(b) extending to resident holders of Community licences who hold counterpart licences the right to drive certain categories of vehicle as provisional licence holders (regulations 12(1) and (3) and 21(5)); (c) providing for the theory test to be conducted either as a written test or using computer technology (regulation 23); (d) imposing a new charge of £10 for each form of pass certificate for a practical or unitary driving test supplied to bus operators and other companies which are authorised to conduct tests of their own drivers (regulation 29); (e) introducing a requirement that anyone applying to the Secretary of State for approval as a provider of approved training courses for motor cyclists ("CBT courses") must be a fit and proper person to conduct those courses (regulation 34); (f) requiring a person who has successfully undertaken a CBT course to retake it if he is disqualified by a court until he passes a driving test (regulation 41); (g) removing the exemption from the requirement to undertake a CBT course enjoyed by a person who has passed a moped test since 1st December 1990 if he is disqualified by a court until he passes a driving test (regulation 42); (h) introducing a revised syllabus for CBT courses (regulation 54 and Schedule 13); (i) increasing the fees for practical and unitary driving tests (as specified below) and for the London taxi drivers' test (from £28.50 to £31) (regulation 51 and Schedule 2); (j) modifying certain provisions of the principal regulations, in particular to clarify the status of a test prescribed in respect of a category of vehicle which is taken in a vehicle which is not prescribed as the minimum test vehicle for the entire category (in particular regulations 20, 26 and 27); (k) modifying certain provisions of the principal regulations - where they fail to give effect to stated policy and practice, and - to correct the drafting. (l) revoking regulations relating to heavy goods vehicle and public service vehicle licences which are now spent.
The fees payable in respect of tests from 1st April 1997 (with the percentage increase and the date of the last change shown in brackets) are: -
Notes: [1] 1988 c. 52. Relevant amendments are referred to where appropriate below. Amending statutes and instruments are referred to in the footnotes to these Regulations in the following manner: the 1989 Actmeans the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22), the 1990 Regulationsmeans the Driving Licences (Community Driving Licence) Regulations 1990 (S.I. 1990/144), the 1991 Actmeans the Road Traffic Act 1991 (c. 40) and the 1996 Regulationsmeans the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974). back [2] Subsection (6) was amended by the 1990 Regulations. back [3] Subsection (2A) and (5A) were inserted by the 1989 Act, section 6; subsection (3) was amended by the 1991 Act, Schedule 4, paragraph 63; subsection (4) was amended by the 1989 Act, Schedule 3, paragraph 8 and the 1996 Regulations; subsections (7) and (9) were amended by the 1996 Regulations. Subsection (4)(b) is to be read with the Department of Transport (Fees) Order 1988 (S.I. 1988/643), as amended by S.I. 1991/811, 1993/1601, 1995/1684, and 1996/1929, the relevant entries being items 5, 5A and 6 in Schedule 1, Table III. back [4] Section 89A was inserted by the 1989 Act, section 4(4). back [5] Subsection (2) was amended by the 1996 Regulations. back [6] Subsections (4) and (5) were amended by the 1989 Act, section 5(7) and (8). back [7] Subsections (1) and (3) were amended by the 1989 Act, section 6(2) and the 1996 Regulations; subsections (3A) and (3B) were inserted by the 1989 Act, section 6(2) and subsection (3A) was amended by the 1996 Regulations; subsection (4) was amended by the 1996 Regulations. back [8] Subsection (2) was amended by the 1989 Act section 5(10) and the 1990 Regulations; subsections (2) and (4) were amended by the 1989 Act, Schedule 3, paragraph 11. back [9] Section 99A was inserted by the 1996 Regulations. back [10] Subsection (2) was amended by the 1989 Act, Schedule 3, paragraph 14 and by the 1990 and 1996 Regulations. back
[11]
See the definitions of [12] Sections 114, 115, 116 and 117 to 122 (Part IV of the Act) were substituted by the 1989 Act, section 2(1) and Schedule 2. Section 114(1) was amended by the 1996 Regulations. Section 114(1) was amended by the 1996 Regulations. back
[13]
See the definition of
[14]
See the definition of [15] See section 105(4) of the Road Traffic Act 1988. back
ISBN 0 11 064301 1
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