Road Traffic (Drivers' Ages and Hours of Work) Act 1976

Section 1.

SCHEDULE 1 Consequential and Other Amendments

1 In section 84 of the [1972 c. 20.] Road Traffic Act 1972 (in this Schedule referred to as " the principal Act") the following amendments shall be made—

(a) in subsection (2) (offence of employing a person to drive without an ordinary driving licence), for the words " employ a person " there shall be substituted the words " cause or permit another person " and for the words " if the person employed " there shall be substituted the words " if that other person " ;

(b) in subsection (3) there shall be substituted, for the words " a person may, without holding a licence " the words " it shall be lawful for a person who is not the holder of a licence, to " and for the words " a person may employ " the words " for a person to cause or permit "; and

(c) in subsection (4) there shall be substituted, for the words " a person may at any time drive or employ " , the words " it shall be lawful for a person to drive or cause or permit ".

2 In section 85(1) of the principal Act (conditions of entitlement to driving licences) after the words " as to provisional licences " there shall be inserted the words " and to the provisions of any regulations made by virtue of section 107(1)(f) of this Act " .

3 In section 88 of the principal Act, in subsection (3) (matters to be stated in driving licence), for paragraph (b), there shall be substituted—

“(b) specify the restrictions on the driving of vehicles of any class in pursuance of the licence to which its holder is subject by virtue of the provisions of section 96 of this Act;”

and in subsection (4) (restrictions on classes of vehicles which may be driven as if driven under a provisional licence), for paragraph (a), there shall be substituted—

“(a) a vehicle of a class for the driving of which he could not, by reason of the provisions of section 96 of this Act, lawfully hold a licence, or”.

4 In section 107(1) of the principal Act (general power to make regulations about ordinary driving licences), there shall be inserted after paragraph (e) the following paragraphs—

“(f) the effect of a change in the classification of motor vehicles for the purposes of this Part of this Act on licences then in force or issued or on the right to or the granting of licences thereafter; ".

(g) the enabling of a person—

(i) whose entitlement to the grant of a licence to drive a class of motor vehicle is preserved by regulations under paragraph (f) above, and

(ii) who satisfies such conditions as may be prescribed to drive (and be employed in driving) that class of motor vehicle while he applies for the licence to be grained to him,”

5 In section 110 of the principal Act (definitions for purposes of provisions about ordinary driving licences) there shall be inserted in the appropriate places the following definitions—

• “' agricultural tractor ' means a tractor used primarily for work on land in connection with agriculture”;

• “' articulated goods vehicle' means a motor vehicle which is so constructed that a trailer designed to carry goods may by partial superimposition be attached thereto in such a manner as to cause a substantial part of the weight of the trailer to be borne by the motor vehicle, and ' articulated goods vehicle combination' means an articulated goods vehicle with a trailer so attached;”;

• “' maximum gross weight', in relation to a motor vehicle or trailer, means the weight of the vehicle laden with the heaviest load which it is constructed or adapted to carry;”;

• “' maximum train weight ', in relation to an articulated goods vehicle combination, means the weight of the combination laden with the heaviest load which it is constructed or adapted to carry;”;

• “' medium-sized goods vehicle ' means a motor vehicle which is constructed or adapted to carry or to haul goods and is not adapted to carry more than 9 persons inclusive of the driver and the permissible maximum weight of which exceeds 3.5 but not 7.5 tonnes;”;

• “' permissible maximum weight ', in relation to a goods vehicle (of whatever description), means—

  (a)

  in the case of a motor vehicle which neither is an articulated goods vehicle nor is drawing a trailer, the relevant maximum weight of the vehicle;

  (b)

  in the case of an articulated goods vehicle—

  (i)

  when drawing only a semi-trailer, the relevant maximum train weight of the articulated goods vehicle combination;

  (ii)

  when drawing a trailer as well as a semi-trailer, the aggregate of the relevant maximum train weight of the articulated goods vehicle combination and the relevant maximum weight of the trailer;

  (iii)

  when drawing a trailer but not a semi-trailer, the aggregate of the relevant maximum weight of the articulated goods vehicle and the relevant maximum weight of the trailer;

  (iv)

  when drawing neither a semi-trailer nor a trailer, the relevant maximum weight of the vehicle;

  (c)

  in the case of a motor vehicle (not being an articulated goods vehicle) which is drawing a trailer, the aggregate of the relevant maximum weight of the motor vehicle and the relevant maximum weight of the trailer ;”;

• “' relevant maximum weight ', in relation to a motor vehicle or trailer, means—

  (a)

  in the case of a vehicle to which regulations under section 45 of this Act apply which is required by regulations under section 40 of this Act to have a maximum gross weight for the vehicle marked on a plate issued by the Secretary of State under regulations under the said section 40, the maximum gross weight so marked on the vehicle;

  (b)

  in the case of a vehicle which is required by regulations under section 40 of this Act to have a maximum gross weight for the vehicle marked on the vehicle and does not also have a maximum gross weight marked on it as mentioned in paragraph (a) above, the maximum gross weight marked on the vehicle;

  (c)

  in the case of a, vehicle on which a maximum gross weight is marked by the same means as would be required by regulations under the said section 40 if those regulations applied to the vehicle, the maximum gross weight so marked on the vehicle;

  (d)

  in the case of a vehicle on which a maximum gross weight is not marked as mentioned in paragraph (a), (b) or (c) above, the notional maximum gross weight of the vehicle, that is to say, such weight as is produced by multiplying the unladen weight of the vehicle by the number prescribed by the Secretary of State for the class of vehicle into which that vehicle falls;”;

• “' relevant maximum train weight ', in relation to an articulated goods vehicle combination, means—

  (a)

  in the case of an articulated goods vehicle to which regulations under section 45 of this Act apply which is required by regulations under section 40 of this Act to have a maximum train weight for the combination marked on a plate issued by the Secretary of State under regulations under the said section 40, the maximum train weight so marked on the motor vehicle;

  (b)

  in the case of an articulated goods vehicle which is required by regulations under section 40 of this Act to have a maximum train weight for the combination marked on the vehicle and does not also have a maximum train weight marked on it as mentioned in paragraph (a) above, the maximum train weight marked on the motor vehicle;

  (c)

  in the case of an articulated goods vehicle on which a maximum train weight is marked by the same means as would be required by regulations under section 40 of this Act if those regulations applied to the vehicle, the maximum train weight so marked on the motor vehicle;

  (d)

  in the case of an articulated goods vehicle on which a maximum train weight is not marked as mentioned in paragraph (a), (b) or (c) above, the notional maximum gross weight of the combination, that is to say, such weight as is produced by multiplying the sum of the unladen weights of the motor vehicle and the semi-trailer by the number prescribed by the Secretary of State for the class of articulated goods vehicle combination into which that combination falls;”;

• “' semi-trailer ', in relation to an articulated goods vehicle, means a trailer attached to it in the manner described in the definition of articulated goods vehicle;”;

• “' small goods vehicle ' means a motor vehicle (other than a motor cycle or invalid carriage) which is constructed or adapted to carry or to haul goods and is not adapted to carry more than 9 persons inclusive of the driver and the permissible maximum weight of which does not exceed 3.5 tonnes;”;

• “' small passenger vehicle ' means a motor vehicle (other than a motor cycle or invalid carriage) which is constructed solely to carry passengers and their effects and is adapted to carry not more than 9 persons inclusive of the driver;”.

6 In section 111(1) of the principal Act, for the words " be employed in driving" there shall be substituted the words " for a person to cause or permit the holder of such a licence to drive " .

7 In section 112 of the principal Act the following amendments shall be made—

(a) in subsection (2) (offence of employing a person to drive without a heavy goods vehicle drivers' licence), for the word " employ ", there shall be substituted the words " cause or permit " ;

(b) in subsection (3), for the words from " as the case" to " employed " there shall be substituted the words " shall make it unlawful for a person who is not so licensed to act or, as the case may be, for a person to cause or permit such a person " ; and

(c) in subsection (4), for the word " employment ", there shall be substituted the words " causing or permitting " .

8 In section 114(1) of the principal Act (conditions precedent to grant of heavy goods vehicle drivers' licences), for the words from " Subject" to "Act" there shall be substituted the words " Subject to the provisions of any regulations made by virtue of section 119(1)(f) of this Act " .

9 In section 114(4) of the principal Act (offence of employing a person under 21 to drive heavy goods vehicles in contravention of conditions of licence), for the word " employ " there shall be substituted the words " cause or permit " .

10 In section 119(1) of the principal Act (general power to make regulations about heavy goods vehicle drivers' licences) the following amendments shall be made—

(a) in paragraph (b), after the word " conduct" there shall be inserted the words " and, if the applicant is to be authorised to drive vehicles of any class at an age below the normal minimum age for driving vehicles of that class, with respect to participation in an approved training scheme for drivers) " ;

(b) there shall be inserted after paragraph (k) the following paragraph—

“(l) make provision about the effect of a change in the meaning of heavy goods vehicle or in the classification of heavy goods vehicles for the purposes of this Part of this Act on heavy goods vehicle drivers' licences then in force or issued or on the granting of such licences thereafter;”

11 In section 124 of the principal Act (definitions for purposes of provisions about heavy goods vehicle drivers' licences) the following amendments shall be made, that is to say—

(a) for the definition of " heavy goods vehicle " there shall be substituted the following definition—

• “' heavy goods vehicle ' means any of the following vehicles—

  (a)

  an articulated goods vehicle;

  (b)

  a large goods vehicle, that is to say, a motor vehicle (not being an articulated goods vehicle) which is constructed or adapted to carry or to haul goods and the permissible maximum weight of which exceeds 7.5 tonnes;”

(b) the following new definitions shall be inserted at the appropriate places—

(i) " ' approved training scheme for drivers' means a training scheme for drivers (within the meaning of section 96(4) of this Act) approved for the time being by the Secretary of State for the purposes of regulations under section 119 of this Act ";

(ii) " ' normal minimum age for driving', in relation to the driving of vehicles of any class, means the age which is in force under section 96 of this Act (but apart from any approved training scheme for drivers) in relation to that class of vehicle; " '.

(c) there shall be inserted at the end the following paragraph—

“and ' articulated goods vehicle ' and ' permissible maximum weight' have the same meanings as they have for the purposes of Part III of this Act”.

12 In section 188(3) of the principal Act (minimum age restrictions not to apply to the driving of vehicles of armed forces), for the words preceding " shall not apply" there shall be substituted the words " Subject to regulations made under subsection (2) of section 96 of this Act, that section (in so far as it prohibits persons under 21 from holding or obtaining a licence to drive motor vehicles or persons under 18 from holding or obtaining a licence to drive medium-sized goods vehicles) " .

13 In section 196(2) of the principal Act (interpretation of " class ") after the word " defined" there shall be inserted the words " or described " .

14 In section 198(4) of the principal Act, for the word " section " there shall be substituted the words " sections 96 and " .

15 In Part I of Schedule 4 to the principal Act (punishment of offences) in column 2 of the entries relating to section 84(2), 112(2) and 114(4), there shall be substituted for the word " Employing " the words " Causing or permitting ".

16 In section 104(2) of the [1967 c. 76.] Road Traffic Regulation Act 1967 (interpretation of " class "), after the word " defined " there shall be inserted the words " or described " .