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The Motor Vehicles (Driving Licences) Regulations 1987

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PART IPRELIMINARY

Citation and commencement

1.  These Regulations may be cited as the Motor Vehicles (Driving Licences) Regulations 1987 and shall come into force on 3rd September 1987.

Revocation and saving

2.  The Regulations specified in Schedule 1 are hereby revoked but, subject as hereinafter provided, any reference in any application or appointment made, notice or approval given, licence, certificate or other document granted or issued or other thing done under the said Regulations to any provision of the Regulations revoked by these Regulations, whether specifically or by means of a general description, shall, unless the context otherwise requires, be construed as a reference to the corresponding provision of these Regulations.

Interpretation

3.—(1) In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

“1972 Act” means the Road Traffic Act 1972;

“1981 Act” means the Public Passenger Vehicles Act 1981(1);

“1985 Act” means the Transport Act 1985(2);

“clerk to the traffic commissioner” means the clerk to the traffic commissioner for any traffic area constituted for the purposes of the 1981 Act;

“controlled by a pedestrian” in relation to a vehicle means that the vehicle either—

(a)

is constructed or adapted for use under such control; or

(b)

is constructed or adapted for use either under such control or under the control of a person carried on it but is not for the time being in use under, or proceeding under, the control of a person carried on it;

“disability” includes disease;

“full licence” means a licence other than a provisional licence;

“group” in relation to a class of motor vehicles means a group of motor vehicles of the classes specified in the second column of Schedule 3, and a group identified by a letter means the group corresponding to the letter in the first column of that Schedule;

“kerbside weight” means the weight of a vehicle when it carries—

(a)

in the case of a motor vehicle—

(i)

no person; and

(ii)

a full supply of fuel in its tank, an adequate supply of other liquids incidental to its propulsion and no load other than the tools and equipment with which it is normally equipped; or

(b)

in the case of a trailer, no person and is otherwise unladen;

“licence” means a licence to drive a motor vehicle granted under Part III of the 1972 Act;

“licensing authority” means the Secretary of State;

“maximum speed” means the speed which a vehicle is incapable, by reason of its construction, of exceeding on the level under its own power when fully laden;

“moped” means—

(a)

in the case only of motor cycles which are first used on or after 1st August 1977, a motor cycle (not being a motor vehicle of group K) which has a maximum speed which does not exceed 30 miles per hour, a kerbside weight which does not exceed 250 kilograms, and, if propelled by an internal combustion engine, an engine the cylinder capacity of which does not exceed 50 cubic centimetres, or

(b)

in the case only of motor cycles which are first used before 1st August 1977, a motor cycle which has an engine with a cylinder capacity not exceeding 50 cubic centimetres and is equipped with pedals by means of which the cycle is capable of being propelled;

“part of a test” means Part I or Part II, as the case may require, of the test for motor bicycles prescribed by regulation 20;

“provisional licence” means a licence granted by virtue of section 88(2) of the 1972 Act;

“test” means a test of competence to drive conducted under section 85 of the 1972 Act and includes a reference to a part of a test;

“vehicle propelled by electrical power” means a vehicle of which the motive power is solely derived from any electrical storage battery carried on the vehicle and not connected to any source of power when the vehicle is in motion;

“vehicle with automatic transmission” means a vehicle in which the driver is not provided with any means whereby he may, independently of the use of the accelerator or the brakes, vary gradually the proportion of the power being produced by the engine which is transmitted to the road wheels of the vehicle.

(2) In determining for the purpose of these Regulations when a motor cycle is first used, the date of such first use shall be taken to be such date as is the earliest of the undermentioned relevant dates applicable to that cycle—

(a)in the case of a motor cycle registered under the Roads Act 1920(3), the Vehicles (Excise) Act 1949(4), the Vehicles (Excise) Act 1962(5) or the Vehicles (Excise) Act 1971(6), the relevant date is the date on which it was first so registered; and

(b)in each of the following cases:—

(i)in the case of a motor cycle which is being or has been used under a trade licence as defined in section 16 of the Vehicles (Excise) Act 1971 (otherwise than for the purposes of demonstration or testing or of being delivered from premises of the manufacturer by whom it was made, or of a distributor of vehicles or dealer in vehicles to premises of a distributor of vehicles, dealer in vehicles or purchaser thereof, or to premises of a person obtaining possession thereof under a hiring agreement or hire purchase agreement);

(ii)in the case of a motor cycle which belongs or has belonged to the Crown and which is or was used or appropriated for use for naval, military or air force purposes;

(iii)in the case of a motor cycle which belongs or has belonged to a visiting force or a headquarters or defence organisation to which in each case the Visiting Forces and International Headquarters (Application of Law) Order 1965(7) applies;

(iv)in the case of a motor cycle which has been used on roads outside Great Britain and has been imported into Great Britain; and

(v)in the case of a motor cycle which has been used otherwise than on roads after being sold or supplied by retail and before being registered,

the relevant date is the date of manufacture of the cycle.

  • In this paragraph “sold or supplied by retail” means sold or supplied otherwise than to a person acquiring solely for the purpose of re-sale or re-supply for a valuable consideration.

(3) The provisions of paragraph 6 of Schedule 9 to the Road Vehicles (Construction and Use) Regulations 1986(8) shall apply for determining, for the purposes of the definition of “moped” in paragraph (1), whether the maximum speed of a motor cycle does not exceed 30 mph.

(4) Except where otherwise expressly provided, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations, and any reference to a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference occurs.

PART IILICENCES

Minimum ages for holding or obtaining licences

4.—(1) Subsection (1) of section 96 of the 1972 Act (which specifies the minimum age for holding or obtaining a licence to drive certain classes of motor vehicles) shall have effect as if in the Table in that subsection—

(a)in item 2, the age of 17 were substituted for the age of 16 in relation to all motor cycles other than—

(i)mopeds;

(ii)motor cycles which are mowing machines; or

(iii)motor cycles which are vehicles controlled by a pedestrian;

(b)in item 3, the age of 16 were substituted for the age of 17 in the case of a person to whom an award of a mobility allowance has been made in pursuance of section 37A of the Social Security Act 1975(9) provided that where the award was made before he attained the age of 16 it is in force when he attains that age;

(c)in item 4, in relation to an agricultural tractor which—

(i)is so constructed that the whole of its weight is transmitted to the road surface by means of wheels;

(ii)has an overall width not exceeding 2.45 metres;

(iii)is chargeable with duty under section 1 of the Vehicles (Excise) Act 1971 by reference to paragraph 1 of Schedule 3 to that Act as being an agricultural machine or, by virtue of the provisions of section 7(1) of that Act, is not chargeable with duty thereunder; and

(iv)is driven without a trailer attached to it, other than a trailer which has an overall width not exceeding 2.45 metres and which is either a two-wheeled or close-coupled four-wheeled trailer,

the age of 16 were substituted for the age of 17, but in the case of a person who has not passed the test of competence prescribed under section 85(2) of the 1972 Act to drive such a tractor, only while taking, proceeding to or returning from, such a test;

(d)in item 6, the age of 17 were substituted for the age of 21 in relation to a road roller falling within that item if the roller—

(i)is propelled otherwise than by steam;

(ii)has an unladen weight not exceeding 11,690 kilograms; and

(iii)is not constructed or adapted for the conveyance of a load other than the following articles, that is to say, water, fuel, accumulators and other equipment used for the purpose of propulsion, loose tools, loose equipment and objects such as are mentioned in paragraph (3) below,

and if no wheel of the roller is fitted with a pneumatic, soft or elastic tyre;

(e)in item 6, the age of 18 were substituted for the age of 21 in the case of a person employed by a Health Authority or, in Scotland, the Common Services Agency(10) when driving a vehicle for the purposes of an ambulance service of such an Authority or of that Agency;

(f)in item 6, the age of 18 were substituted for the age of 21 in the case of a person who fulfils the conditions—

(i)that he is employed by a registered employer; and

(ii)that he is a registered employee of such an employer,

in relation to any vehicle (other than a road roller) which is a heavy goods vehicle (hgv) of a class to which his training agreement applies and is owned by his employer or by a registered hgv driver training establishment;

(g)in item 6, the age of 18 were substituted for the age of 21 in relation to a large passenger vehicle where—

(i)the driver of the vehicle is not engaged in the carriage of passengers and either holds a licence to drive a public service vehicle granted under section 22 of the 1981 Act, is undergoing a test of his ability to drive a public service vehicle in pursuance of regulations for the time being in force under that section, or is acting under the supervision of a person who holds such a licence; or

(ii)the driver is engaged in the carriage of passengers—

(a)on a regular service over a route which does not exceed 50 kilometres; or

(b)on a national transport operation when the vehicle used is constructed and equipped to carry not more than 17 persons including the driver,

and the vehicle is operated under a PSV operator’s licence granted under section 12 of the 1981 Act, a permit granted under section 19 of the 1985 Act or a community bus permit granted under section 22 of that Act, and in each case the driver holds a licence to drive the vehicle granted under section 22 of the 1981 Act;

(h)in items 5 and 6, the age of 17 were substituted for the ages of 18 and 21 respectively in the case of members of the armed forces of the Crown in relation to any vehicle when being used in the course of urgent work of national importance in accordance with an order of the Defence Council in pursuance of the Defence (Armed Forces) Regulations 1939 which were continued permanently in force in the form set out in Part C of Schedule 2 to the Emergency Laws (Repeal) Act 1959(11) by section 2 of the Emergency Powers Act 1964(12);

(i)in items 5 and 6, the age of 17 were substituted for the ages of 18 and 21 respectively in the case of a member of the armed forces of the Crown when receiving instruction in the driving of heavy goods vehicles of any class in preparation for a test of competence prescribed under section 119 of the 1972 Act to drive vehicles of that class, or when taking, proceeding to, or returning from any such test.

(2) For the purposes of paragraph (1)(c) any implement fitted to a tractor shall be deemed to form part of the tractor notwithstanding that it is not a permanent or essentially permanent fixture, and in that paragraph—

(i)“overall width”, in relation to a vehicle, means the width of the vehicle measured between vertical planes parallel to the longitudinal axis of the vehicle and passing through the extreme projecting points thereof exclusive of any driving mirror and so much of the distortion of any tyre as is caused by the weight of the vehicle; and

(ii)“close-coupled”, in relation to wheels on the same side of a trailer, means fitted so that at all times while the trailer is in motion they remain parallel to the longitudinal axis of the trailer and that the distance between the centres of their respective areas of contact with the road surface does not exceed 840 millimetres.

(3) For the purposes of paragraph 1(d) the unladen weight of a vehicle shall be treated as including the weight of any object for the time being attached to the vehicle, being an object specially designed to be so attached for the purpose of temporarily increasing the vehicle’s gross weight.

(4) In paragraph 1(f) and in this paragraph—

“heavy goods vehicle” has the same meaning as in section 124 of the 1972 Act;

“registered” means registered for the time being by the Training Committee in accordance with the relevant provisions of the training scheme;

“the Training Committee” means the committee which has been established by the employers' associations and the trade unions in the road goods transport industry with a constitution approved by the Secretary of State and which is known as the National Joint Training Committee for Young HGV Drivers in the Road Goods Transport Industry;

“the training scheme” means the scheme which has been established by the Training Committee with the approval of the Secretary of State for training young drivers of hgvs and which provides for—

(a)

the registration by the Training Committee of employers who are willing and able to provide hgv driver training for persons employed by them;

(b)

the registration by the Training Committee of persons operating establishments for providing hgv driver training;

(c)

a syllabus for hgv driver training; and

(d)

the registration by the Training Committee of individual employees who are undergoing, or are to undergo, hgv driver training in the service of a registered employer in accordance with a form of agreement approved by the Training Committee;

and “training agreement”, in relation to an individual who is undergoing, or is to undergo, such training as aforesaid, means his agreement therefor with his registered employer in pursuance of the training scheme.

(5) In paragraph (1)(g), “large passenger vehicle” means a motor vehicle which is constructed solely to carry passengers and their effects and is adapted to carry more than nine persons inclusive of the driver and expressions used which are also used in the Community Drivers' Ages and Hours of Work Regulation have the same meaning as in that instrument.

(6) In paragraph (5), “the Community Drivers' Ages and Hours of Work Regulation” means Council Regulation (EEC) 3820/85(13) as read with regulation 4 of the Community Drivers Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986(14).

Applications for the grant of licences

5.  Applications for the grant of a licence may be received and dealt with at any time within two months before the date on which the grant of the licence is to take effect.

Refusal of a provisional licence for group D

6.—(1) Notwithstanding anything in section 88 of the 1972 Act and subject to paragraph (2), the licensing authority shall refuse to grant a provisional licence authorising the driving of a motor cycle of a class included in group D if the applicant has held such a licence and the licence applied for would come into force—

(a)except in the circumstances specified in sub-paragraph (b) of this paragraph, within the period of one year beginning at the end of the period for which the previous licence authorised (or would, if not surrendered or revoked, have authorised) the driving of such a motor cycle; or

(b)where the licence would be for a period of less than two years and the previous licence was surrendered or revoked, within the period of two months beginning on the date of such surrender or revocation.

(2) Paragraph (1) shall not apply—

(a)where the previous licence was granted before 1st October 1982;

(b)where the applicant appears to the Secretary of State to be a person suffering from a relevant or prospective disability within the meaning of section 87 of the 1972 Act; or

(c)where the previous licence was surrendered or revoked in pursuance of section 89(2) or (3) of the 1972 Act.

Fees for licences

7.  The fee payable for a licence granted on or after 1st September 1986 shall be, in the case of a licence of a description, and in certain instances granted in particular circumstances, specified in column (1) of the Table in this regulation, the fee specified in relation to that licence in column (2) of that Table.

(1)(2)
Description of LicenceAmount of Fee

1.  The first licence granted on or after 1st September 1986 to a person who has not before that date held either

(a)a full licence for any class of vehicle which was granted on or after 1st January 1976, or

(b)a provisional licence granted on or after 1st October 1982 not being in either case a licence granted in exchange for a subsisting licence.

£15.00

2.  A licence (not falling within paragraph 1 above) granted to a person who, at no time during the period of 10 years ending on the date of coming into force of the licence, has held a licence for any class of vehicle.

£15.00

3.  A licence (not being a first full licence or a licence falling within paragraph 1 or 2 above) which is

(a)a full licence authorising its holder to drive a class of vehicles for which he has not, during the period of 10 years ending on the date of coming into force of the licence, held a full licence, or

(b)a provisional licence, or a full licence not authorising the driving of vehicles of any class in groups A, B, C or E, and which authorises its holder to drive, as a provisional licence holder, vehicles of any class in group D—

(i)where the period for which it authorises him to drive such vehicles is a period of two years ending before the date the licence would expire, or

(ii)where the holder’s last licence in force did not authorise him to drive such vehicles, or

(c)a full or provisional licence granted in exchange for a subsisting licence, except where the licence—

(i)is granted free of charge pursuant to section 87(5A)(b) or section 89(4) of the 1972 Act or

(ii)is granted in exchange for a licence which was revoked under section 87(5) of that Act or could have been revoked under that section or section 87(5A)(b).

£5.00

4.  A duplicate licence.

£5.00

Duration of provisional licences

8.—(1) Subject to paragraph (2), for the purposes of subsection (1A) of section 89 of the 1972 Act there is hereby prescribed—

(a)a motor cycle of a class falling within group D;

(b)a period of two years; and

(c)in relation to a licence granted to the holder of a previous licence which was surrendered, revoked or treated as being revoked, the circumstances—

(i)that the licence would come into force within the period of one year beginning on the date the previous licence was surrendered, revoked, or treated as being revoked; and

(ii)that the licence when granted would be for a period of one month or more.

(2) Paragraph (1) shall not apply in the case of a licence granted in pursuance of section 89(1) (aa) or (4) of the 1972 Act.

Conditions attached to provisional licences

9.—(1) Subject to paragraphs (2), (3), (4) and (5), the holder of a provisional licence shall comply with the following conditions in relation to motor vehicles of a class which he is authorised to drive by virtue of the provisional licence, that is to say he shall not drive or ride such a motor vehicle—

(a)otherwise than under the supervision of a qualified driver who is present with him in or on the vehicle;

(b)unless a distinguishing mark in the form set out in Schedule 2 is displayed on the vehicle in such manner as to be clearly visible to other persons using the road from within a reasonable distance from the front and from the back of the vehicle;

(c)while it is being used to draw a trailer; and

(d)in the case of a motor bicycle not having attached thereto a side-car, while carrying on it a person who is not a qualified driver:

Provided that where the holder of a provisional licence has passed a test which authorises him to be granted a full licence to drive or ride a particular class of vehicles the above-mentioned conditions shall cease to apply in relation to the driving or riding (as the case may be) by him of motor vehicles of that class.

(2) The condition specified in paragraph (1)(a) shall not apply when the holder of the provisional licence—

(a)is undergoing a test or a test of competence to drive heavy goods vehicles under Part IV of the 1972 Act;

(b)is driving a vehicle (not being a motor car) constructed to carry only one person and not adapted to carry more than one person;

(c)is driving a vehicle the unladen weight of which does not exceed 815 kilograms, being a vehicle propelled by electrical power, constructed or adapted to carry only one person and constructed or adapted for the carriage of goods or burden of any description;

(d)is driving a road roller the unladen weight of which does not exceed 3050 kilograms, being a vehicle constructed or adapted for the carriage of goods or burden of any description;

(e)is riding a motor bicycle, whether or not having attached thereto a side-car; or

(f)is driving a motor vehicle on a road in an exempted island.

(3) The condition specified in paragraph (1)(c) shall not apply when the holder of the provisional licence is driving an agricultural tractor, nor shall it prevent the holder of a provisional licence from driving an articulated vehicle.

(4) The condition specified in paragraph (1)(d) shall not apply when the holder of the provisional licence is riding a pedal cycle of the tandem type to which additional means of propulsion by mechanical power are attached.

(5) Any holder of a provisional licence need not comply with this regulation during any period in which—

(a)he is treated, by virtue of regulation 25, for the purposes of section 84(1) and (2) of the 1972 Act as the holder of a licence; or

(b)he is entitled, by virtue of article 2(1) of the Motor Vehicles (International Circulation) Order 1975(15),

to drive motor vehicles of a class which he is authorised to drive by virtue of the provisional licence.

(6) In this regulation—

“exempted island” means any island outside the mainland of Great Britain from which motor vehicles, unless constructed for special purposes, can at no time be conveniently driven to a road in any other part of Great Britain by reason of the absence of any bridge, tunnel, ford or other way suitable for the passage of such motor vehicles but this expression “exempted island” does not include any of the following islands, namely, the Isle of Wight, St. Mary’s (Isles of Scilly), the islands of Arran, Barra, Bute, Great Cumbrae, Islay, the island which comprises Lewis and Harris, Mainland (Orkney), Mainland (Shetland), Mull, the island which comprises North Uist, Benbecula and South Uist, Skye and Tiree;

“leg disability” means a disability which consists solely of any one or more of the following—

(a)

the absence of a leg or legs;

(b)

the deformity of a leg or legs; or

(c)

the loss of use of a leg or legs,

and references to a leg include references to a foot or part of a leg or foot, and the reference to loss of use, in relation to a leg, includes a reference to a deficiency of movement or power in the leg;

“qualified driver” means a person who holds—

(i)

a full licence authorising him to drive as a full licence holder a motor vehicle of the same class as the vehicle being driven by the holder of the provisional licence; or

(ii)

in the case only of the supervision of the driver of a motor car by a person whose licence is limited, in pursuance of an application in that behalf by him or under section 87(4)(ii) of the 1972 Act solely on account of a leg disability to motor vehicles of a particular construction or design, a full licence authorising him so to drive motor cars of a class falling within the same group as the motor car being driven by the holder of the provisional licence.

Restricted provisional licences

10.  A provisional licence shall be restricted so as to authorise only the driving of motor vehicles of a class included in group K in any case where the applicant is unable to read in good daylight at a distance of 20.5 metres (with the aid of glasses or contact lenses if worn) a registration mark which is fixed to a motor vehicle and comprises letters and figures 79.4 millimetres high.

Full licences not carrying provisional entitlement

11.—(1) Section 88(4) of the 1972 Act shall not apply in the case of a licence which—

(a)is limited to vehicles of a particular construction or design whether pursuant to an application in that behalf by the holder of the licence or pursuant to section 87(4)(ii) of the 1972 Act; or

(b)authorises its holder to drive vehicles of a class included in group K only.

(2) Section 88(4) of the 1972 Act in its application to a full licence granted on or after 1st October 1982 which does not authorise the driving of a vehicle of a class included in group A, B, C, or E shall have effect subject to the limitation that it shall not authorise the holder of such a licence to drive any motor cycle of a class included in group D subject to the same conditions as if he were authorised by a provisional licence to drive the last mentioned vehicles.

Signature of licences

12.  Every person to whom a licence is granted shall forthwith sign it in ink with his usual signature.

Lost or defaced licences

13.—(1) If the holder of a licence—

(a)satisfies the licensing authority that—

(i)the licence has been lost or defaced; and

(ii)the holder is entitled to continue to hold the licence; and

(b)pays the fee prescribed by regulation 7,

the licensing authority shall issue to him a duplicate licence and shall endorse thereon any particulars endorsed upon the original licence and the duplicate so issued shall have the same effect as the original.

(2) If at any time while a duplicate licence is in force the original licence is found, the person to whom the original licence was issued, if it is in his possession, shall return it to the licensing authority, or if it is not in his possession, but he becomes aware that it is found, shall take all reasonable steps to obtain possession of it and if successful shall return it as soon as may be to the licensing authority.

PART IIITESTS OF COMPETENCE TO DRIVE

Persons by whom tests may be conducted

14.—(1) Subject to paragraph (2) tests may be conducted—

(a)by examiners appointed by the licensing authority;

(b)by the Secretary of State for Defence, in so far as concerns the testing of persons in the service of the Crown under his department;

(c)in England and Wales, by the chief officer of any fire brigade maintained in pursuance of the Fire Services Act 1947(16) or, in Scotland, by the firemaster of such a brigade, in so far as concerns the testing of members of any such brigade or of persons employed in the driving of motor vehicles for the purposes of any such brigade;

(d)by any chief officer of police in so far as concerns the testing:—

(i)of members of a police force; or

(ii)of persons employed in the driving of motor vehicles for police purposes by a police authority or by the Receiver for the Metropolitan Police District;

(e)by the Commissioner of Police of the Metropolis in so far as concerns the testing of any person who is the holder of or is an applicant for a licence to drive a motor cab by virtue of the Metropolitan Public Carriage Act 1869(17); and

(f)by any person appointed for the purpose by the licensing authority under the provisions of regulation 15.

(2) Part I of the test for motor bicycles may be conducted by any persons appointed to conduct tests in pursuance of sub-paragraphs (a), (b), (c), (d) or (f) of paragraph (1) and also by any person or body of persons appointed by the licensing authority under regulation 16.

15.—(1) Any person may apply to the licensing authority to be appointed to conduct tests of persons employed or proposed to be employed by him as drivers, and the licensing authority may, if he is satisfied that—

(a)the number of drivers of motor vehicles ordinarily employed by the applicant exceeds 250;

(b)proper arrangements will be made by the applicant for the conduct of such tests in accordance with these Regulations; and

(c)proper records of such tests and the results thereof will be kept by the applicant,

grant the application subject to any special conditions which he may think fit to impose.

(2) The licensing authority may at any time revoke an appointment made by him under this regulation and the authority to conduct tests shall thereupon cease.

16.—(1) Any person or body of persons may apply to the licensing authority to be appointed, subject to such conditions as the licensing authority thinks fit, to conduct Part I of the test for motor bicycles in so far as concerns the testing of persons who have undergone training in the driving of motor bicycles (without a side-car) of a class included in group D with the person or body appointed under this regulation or with any other such person or body.

(2) Any person or body of persons appointed under paragraph (1) to conduct Part I of the test for motor bicycles may authorise suitable persons to act on his or their behalf as examiners of those who submit themselves for that part of a test.

(3) Any person authorised under paragraph (2) to act as an examiner shall comply, in relation to the conduct of the part of a test, with any directions given by the licensing authority or, subject to any such directions, any given by the person or body of persons by whom he is authorised.

(4) The licensing authority may at any time—

(a)revoke an appointment of a person or body under paragraph (1); or

(b)revoke an authorisation made under paragraph (2) by any such person or body, of a person to act as an examiner.

(5) When the licensing authority revokes an appointment under sub-paragraph (a) of paragraph (4) the power of the person or body of persons to conduct the said part of a test, and the authority of any person to act on behalf of that person or body in the conduct of such part of a test, shall thereupon cease, and where the licensing authority revokes an authorisation under sub-paragraph (b) of that paragraph the authority of the person whose authorisation is revoked to act as an examiner in the conduct of such part of a test on behalf of the person or body by whom he was authorised shall thereupon cease.

17.  Any person appointed by sub-paragraph (b), (c), (d), (e) or (f) of paragraph (1) of regulation 14 to conduct tests may, subject to the approval of the licensing authority, authorise suitable persons to act as examiners of those who submit themselves for a test.

Appointments for tests and notice of cancellation thereof

18.—(1) A person who desires to take a test to be conducted by an examiner appointed under paragraph (1)(a) of regulation 14 shall apply for an appointment for such a test to the clerk to the traffic commissioner.

(2) An applicant for such an appointment as aforesaid shall, when making the application, pay to the said clerk such fee in respect of the test as is specified in paragraph (3) of regulation 19 and the clerk shall make any arrangements necessary for the taking of the test.

(3) For the purposes of paragraph (b) of section 86 of the 1972 Act (which section specifies the only circumstances in which a fee paid on application for an appointment for a test may be repaid) notice cancelling an appointment for such a test as is mentioned in paragraph (1) shall be given to the clerk to the traffic commissioner by whom the appointment was made not less than three clear days (excluding Saturdays, Sundays, any bank holiday, Christmas Day or Good Friday) before the date of the appointment.

(4) In paragraph (3) “bank holiday” means a day which is, or is to be, observed as a bank holiday or a holiday under the Banking and Financial Dealings Act 1971(18), either generally or in the locality in which is situated the office of the clerk to the traffic commissioner to whom notice cancelling an appointment for a test falls to be given.

Fees in respect of tests

19.—(1) The following provisions of this regulation shall apply in the case of a person who submits himself for a test or applies for an appointment for a test.

(2) No fee shall be payable—

(a)in respect of a test conducted by a person appointed under paragraph (1)(b), (c), (d) or (f) of regulation 14; or

(b)in respect of a test where the test prescribed under the Public Service Vehicles (Drivers' Licences) Regulations 1985(19) is being conducted simultaneously and the fee payable under regulation 10 of those Regulations is payable.

(3) The fee payable in respect of a test to be conducted by an examiner appointed under paragraph (1)(a) of regulation 14 is—

(a)in the case of Part I of the test for a motor bicycle, £15.60; and

(b)in the case of any other test, £15.00, save that no fee is payable in respect of a test to be taken in an invalid carriage.

(4) The fee payable in respect of a test to be conducted by a person or body of persons appointed under regulation 16 shall be of such an amount as may be specified by the person or body of persons so appointed, and shall be paid to that person or body of persons to be retained by him or them as remuneration.

(5) The fee payable in respect of a test to be conducted by a person appointed by paragraph (1)(e) of regulation 14 is £14.40 and that fee shall be paid to that person to be retained by him as remuneration.

Nature of tests

20.—(1) Subject to the following provisions of this regulation, the test which a person is required to pass before a licence can be granted to him authorising him to drive a motor vehicle of a class included in any particular group shall be a test carried out on a vehicle of that class which satisfies the person conducting the test:—

(a)that the person taking the test is fully conversant with the contents of the Highway Code;

(b)generally that the person taking the test is competent to drive, without danger to and with due consideration for other users of the road, the vehicle on which he is tested; and

(c)that the person taking the test is able to comply with such of the additional requirements specified in Schedule 4 as are referred to in the third column of Schedule 3 in relation to the group which includes the class of vehicle on which he is tested; and

(d)in the case of a licence to drive a motor bicycle (without a side-car) of any class included in group D, that the person taking the test is able to execute the manoeuvres specified in Schedule 5 competently:

Provided that the person conducting the test may be satisfied as to the matters specified in this paragraph where he concludes that the person being tested should only be passed in relation to vehicles of a particular construction or design despite the fact that the test was not conducted on a vehicle of that construction or design.

(2) The test which a person is required to pass as prescribed in paragraph (1) before a licence authorising him to drive a motor bicycle (without a side-car) of any class included in group D can be granted to him, shall be divided into two separate parts referred to in these Regulations as Part I and Part II of the test for motor bicycles.

(3) Part I of the test for motor bicycles shall satisfy the person conducting the test as to the matter specified in sub-paragraph (d) of paragraph (1) and Part II of the test shall satisfy the person conducting the test as to the other matters specified in that paragraph.

(4) A person may not submit himself for Part II of the test for motor bicycles unless he has, within five years of the date he applies for the appointment for that part of the test, passed Part I of the test for motor bicycles, and unless he complies with paragraph (3) of regulation 22.

(5) Nothing in sub-paragraph (d) of paragraph (1) or paragraph (2), (3) or (4) shall apply in the case of a person who at the time he applies for an appointment for a test is resident in an island outside the mainland of Great Britain other than—

(a)any of the following islands, namely, the Isle of Wight, Lewis and Harris, North Uist, Benbecula and South Uist, Mainland Orkney, Mainland Shetland and Skye; or

(b)an island from which motor vehicles, not constructed for special purposes, can at some time be conveniently driven to a road in any part of the mainland of Great Britain, or in an island mentioned at (a) above, because of the presence of a bridge, tunnel, ford, or other way suitable for the passage of such motor vehicles.

(6) A person who has passed a test to drive vehicles of a class included in any particular group shall be deemed for the purposes of the 1972 Act and of these Regulations competent to drive, in addition to vehicles of a class included in that particular group, also vehicles of a class included in any other group which is referred to in the fourth column of Schedule 3 as being an additional group in relation to that particular group.

(7) In paragraph (6), the reference to a test does not include a reference to Part I of the test for motor bicycles.

Production of vehicle for test etc.

21.—(1) A person submitting himself for a test shall—

(a)provide for the purposes of the test a motor vehicle, which—

(i)is suitable for the purposes of the test; and

(ii)is not fitted with a device designed to permit a person other than the driver to operate the accelerator, unless any pedal or lever by which the device is operated and any other parts which it may be necessary to remove to make the device inoperable by such a person during the test have been removed;

(b)sign the examiner’s attendance record;

(c)except when the test is for a motor bicycle, allow to travel in the vehicle mentioned in paragraph (1)(a) during the test—

(i)the person authorised to conduct the test; and

(ii)any person authorised by the licensing authority to attend the test for the purpose of supervising it or otherwise; and

(d)when the test is for a motor bicycle, allow the attendance of—

(i)the person authorised to conduct the test; and

(ii)any person authorised by the licensing authority for the purpose of supervising the test or otherwise.

(2) Where a person submitting himself for a test fails—

(a)to produce a vehicle which complies with sub-paragraph (a) of paragraph (1); or

(b)to comply with any of the provisions of sub-paragraphs (b), (c) and (d) of that paragraph,

the examiner may refuse to conduct the test.

Evidence of results of tests

22.—(1) A person who passes a test shall be furnished with a certificate to that effect in the form (adapted as the case may require) set out in Part I of Schedule 6.

(2) A person who fails to pass a test shall be furnished with a statement to that effect in the form (adapted as the case may require) set out in Part II of Schedule 6.

(3) An applicant for an appointment for Part II of the test for motor bicycles to be conducted by an examiner appointed under paragraph (1)(a) of regulation 14 shall at the time when he applies for the appointment deliver to the clerk to the traffic commissioner a certificate furnished to him under paragraph (1) in respect of Part I of that test on a form supplied by the licensing authority.

(4) An applicant for a licence who before the licence is granted is required to satisfy the licensing authority that he has passed a test shall at the time when he applies for the licence deliver the certificate furnished to him under paragraph (1) to the licensing authority for retention.

(5) Forms for certificates evidencing the results of tests for Part I of the test of competence for motor bicycles to be conducted by a person or body of persons appointed in pursuance of regulation 16 shall be supplied to the person or body of persons by the licensing authority at a charge of £2.10 per form.

Period of ineligiblity for a subsequent test

23.—(1) Subject to the provisions of section 85(3) of the 1972 Act the period during which a person who has submitted himself for a test and failed to pass that test shall be ineligible to submit himself for another test on a vehicle of a class included in the same group shall be one month.

(2) In this regulation, the reference to a test includes a reference to Part II of the test for motor bicycles but not to Part I of that test.

PART IVSUPPLEMENTARY

Disabilities

24.—(1) The following disabilities are prescribed for the purposes of section 87(1) of the 1972 Act—

(a)epilepsy;

(b)severe mental handicap;

(c)liability to sudden attacks of disabling giddiness or fainting, other than such attacks falling within paragraph (1)(d);

(d)liability to sudden attacks of disabling giddiness or fainting which are caused by any disorder or defect of the heart as a result of which the applicant for the licence or, as the case may be, the holder of the licence has a device implanted in his body, being a device which, by operating on the heart so as to regulate its action, is designed to correct the disorder or defect; and

(e)inability to read in good daylight (with the aid of glasses or contact lenses if worn) a registration mark fixed to a motor vehicle and containing letters and figures 79.4 millimetres high at a distance of—

(i)20.5 metres, in any case except that mentioned below; or

(ii)12.3 metres, in the case of an applicant for a licence authorising the driving of vehicles of a class included in group K only.

(2) Epilepsy is prescribed for the purposes of section 87(3)(b) of the 1972 Act and an applicant for a licence suffering from epilepsy shall satisfy the conditions that—

(a)he shall have been free from any epileptic attack during the period of two years immediately preceding the date when the licence is to have effect; or

(b)in the case of an applicant who has had such attacks whilst asleep during that period, he shall have had such attacks only whilst asleep during a period of at least three years immediately preceding the date when the licence is to have effect; and

(c)the driving of a vehicle by him in pursuance of the licence is not likely to be a source of danger to the public.

(3) The disability prescribed in paragraph (1)(d) is prescribed for the purpose of section 87(3)(b) of the 1972 Act and an applicant for a licence suffering from that disability shall satisfy the conditions that—

(a)the driving of a vehicle by him in pursuance of the licence is not likely to be a source of danger to the public; and

(b)he has made adequate arrangements to receive regular medical supervision by a cardiologist (being a supervision to be continued throughout the period of the licence) and is conforming to those arrangements.

(4) The following disability is prescribed for the purposes of paragraphs (a) and (c) of section 87(3) of the 1972 Act namely, a disability which is not progressive in nature and which consists solely of any one or more of the following:—

(a)the absence of one or more limbs;

(b)the deformity of one or more limbs; and

(c)the loss of use of one or more limbs.

(5) The disability prescribed in paragraph (1)(e) is prescribed for the purposes of section 87A(2)(b) of the 1972 Act.

(6) (a) In paragraph (1)(b), the expression “severe mental handicap” means a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning.

(b)In paragraph (3)(b), the expression “cardiologist” means a registered medical practitioner who specialises in disorders or defects of the heart and who, in that connection, holds a hospital appointment.

(c)In paragraph (4), references to a limb include references to a part of a limb, and the reference to loss of use, in relation to a limb, includes a reference to a deficiency of limb movement or power.

Persons who become resident in Great Britain

25.—(1) A person who becomes resident in Great Britain shall during the period of one year after he becomes so resident be treated for the purposes of section 84(1) and (2) of the 1972 Act as the holder of a licence authorising him to drive motor vehicles of the classes which he is authorised to drive by any permit of which he is a holder, if he satisfies the conditions specified in paragraph (2).

(2) The conditions mentioned in paragraph (1) are that:—

(a)the person who becomes resident shall be the holder of a permit which is for the time being valid; and

(b)he is not disqualified for holding or obtaining a licence in Great Britain.

(3) The following enactments relating to licences or licence holders shall apply in relation to permits or the holders of permits (as the case may be) subject to modifications in accordance with the following provisions:—

(a)section 105(2) of the 1972 Act (which relates to the duties of a court when they order a disqualification or an endorsement) shall apply as if for the words “shall also on the production of the licence” onwards there were substituted the words “shall also on the production of the permit retain it and forward it to the licensing authority who shall keep the permit until the disqualification has expired or been removed or the person entitled to the permit leaves Great Britain and in any case has made a demand in writing for its return to him”;

(b)section 101(4) of the 1972 Act (which relates to the duty of a licence holder to produce it to a court) shall apply as if the references to a licence included a reference to a permit, but with the omission of the words, “before making any order under subsection (1) above” and the words “then, unless he satisfies the court that he has applied for a new licence and has not received it”;

(c)section 95(4) of the 1972 Act (which relates to the duty of a court when they order a disqualification to be removed) shall apply in relation to the holder of a permit as if for the words “endorsed on the licence” onwards there were substituted the words “notified to the licensing authority”;

(d)section 161(1) and (4) of the 1972 Act (which authorise a police constable to require the production of a licence) shall apply as if the references to a licence included a reference to a permit;

(e)section 164(2) of the 1972 Act (which authorises a police constable to arrest a driver committing certain offences unless the driver gives his name and address or produces his driving licence) shall apply as if the references to a licence included a reference to a permit; and

(f)section 169(1) of the 1972 Act (which relates to the forgery and misuse of licences) shall apply as if the reference in paragraph (a) of subsection (2) of that section to a licence included a reference to a permit.

(4) In this regulation “permit” means a “domestic driving permit” a “Convention driving permit” or a “British Forces (BFG) driving licence” as defined in article 2(6) of the Motor Vehicles (International Circulation) Order 1975(20) not being a domestic driving permit or a British Forces (BFG) driving licence in the case of which any order made, or having effect as if made, by the Secretary of State is for the time being in force under article 2(5) of that Order.

Statement of date of birth

26.  The circumstances in which a person specified in section 161(1) of the 1972 Act shall, on being required by a police constable, state his date of birth are as follows:—

(1) where that person fails to produce forthwith for examination his licence on being required to do so by a police constable under that section; or

(2) where, on being so required, that person produces a licence—

(a)which the police constable in question has reason to suspect—

(i)was not granted to that person;

(ii)was granted to that person in error; or

(iii)contains an alteration in the particulars entered on the licence (other than as described in paragraph (b) below) made with intent to deceive; or

(b)in which the driver number has been altered, removed or defaced.

(3) In paragraph (2), “driver number” means the number described as the driver number in the licence.

Learner motor cycles

27.  For the purposes of section 88(2)(c) of the 1972 Act (provisional licence not to authorise the driving of certain motor cycles) the first use of a motor cycle shall be taken to have occurred on the date of first use as determined in accordance with paragraph (2) of regulation 3.

Invalid carriages

28.  For the purposes of Part III of the 1972 Act and all regulations made thereunder the maximum weight specified in section 190(5) of that Act (which defines the expression “invalid carriage” for the purposes of the Act) shall be varied from 254 kilograms to 510 kilograms.

Entitlement to groups

29.  The groups of vehicles specified in column 2 of the table in Schedule 3 are hereby designated as groups for the purposes of paragraphs (a) and (b) of section 85(1) of the 1972 Act.

Effect of changes in classification of vehicles by reason of changed definition of “moped”

30.—(1) In licences (whether full or provisional) issued before 1st August 1977—

(a)any reference to motor vehicles of group E shall be construed as a reference to motor vehicles of new group E;

(b)any reference to motor vehicles of group L shall be construed as reference to motor vehicles of new group L;

(c)any reference to motor vehicles of any other group the constitution of which was affected by the amendments made by the Motor Vehicles (Driving Licences) (Amendment) Regulations 1976(21) shall be construed as references to motor vehicles of the group in question as so amended in constitution; and

(d)any reference to a moped shall be construed by reference to the revised definition of “moped”.

(2) In relation to an application for the grant of a licence by a person who—

(a)before 1st August 1977 held a licence granted under Part III of the 1972 Act, or under any enactment which that Part replaced, or under a relevant external law (as defined in section 85(1) of the 1972 Act) to drive motor vehicles of a class included in old group E; or

(b)before that date passed a test to drive motor vehicles of a class included in old group E or a test which by virtue of regulation 20(6) is regarded as a test to drive such motor vehicles,

and in relation to any licence issued in pursuance of such applications, the licence which he held, or the test which he passed, before that date shall for the purposes of section 85(1) and (4) of the 1972 Act (restrictions on grant of licences etc.) be regarded as a licence or test (as the case may be) to drive vehicles of a class included in new group E.

(3) A person whose entitlement to the grant of a licence to drive vehicles of new group E is preserved by this regulation may, not withstanding anything in section 84(1) and (2) of the 1972 Act (drivers of motor vehicles to have driving licences), at any time pending the grant of such a licence to him drive, and be employed in driving, such vehicles if—

(a)his application in accordance with section 88(1)(a) of the 1972 Act (provisions as to grant of licences), together with the fee prescribed under that section, for the grant of such a licence has been received by the Secretary of State;

(b)he satisfies the requirements of subsection (1)(b) and (c) of that section;

(c)he is not disqualified by reason of age or otherwise for obtaining the licence;

(d)he is not a person to whom the Secretary of State is required by section 87(2) of the 1972 Act (requirements as to physical fitness of drivers) to refuse to grant the licence;

(e)in the case of a person on whom notice under subsection (4) of that section, or any enactment which that provision replaced, has been served, the vehicles are of the particular construction and design specified in the notice; and

(f)he complies, in relation to that driving, with such of the conditions specified in regulation 8(1) as will apply to the driving of those vehicles by him under the authority of that licence, when granted.

(4) In this regulation, references to “old group” and “new group” followed by a letter are references respectively to the group in question as constituted before and after the coming into operation of the Motor Vehicles (Driving Licences) (Amendment) Regulations 1976, and the reference to the revised definition of “moped” is a reference to the definition of that word in regulation 3(1), which was inserted in regulation 3(1) of the Motor Vehicles (Driving Licences) Regulations 1976(22) by the said amendment Regulations.

Effect of changes in classification of vehicles by reason of changed weight limit for motor tricycles

31.—(1) In licences (whether full or provisional) issued before the date of re-classification any reference to motor vehicles of a group identified by a letter shall be construed for all purposes on and after that date as a reference to motor vehicles of the new group as well as the old group identified by that letter.

(2) In relation to an application for the grant of a licence coming into force on or after the date of re-classification by a person who—

(a)before that date held a licence granted under Part III of the 1972 Act, or under any enactment which that Part III replaced, or under a relevant external law (as defined in section 85(1) of the 1972 Act) to drive motor vehicles of a class included in an old group; or

(b)before that date passed a test to drive motor vehicles of a class included in an old group or a test which by virtue of regulation 20(6) is regarded as a test to drive such vehicles,

and in relation to any licence issued in pursuance of such an application, the licence which he held, or the test which he passed, before that date shall, for the purposes of section 85(1) and (4) of the 1972 Act (restrictions on the grant of licences etc.), be regarded as a licence or test, as the case may be, to drive vehicles of a class included in the new group as well as the old group identified by the same letter.

(3) In this regulation references to “old group” and “new group” are references respectively to the group in question as constituted before and after the date of re-classification and “the date of re-classification” refers respectively to 12th August 1981 when the weight limit for motor tricycles in group C was increased to 425 kilograms unladen and 2nd September 1985 when that weight limit was increased to 450 kilograms unladen.

Effect of changes in classification of vehicles by reason of deletion of group M

32.—(1) The deletion of group M in Schedule 3 by regulation 9(e) of the Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 1982(23) shall not affect—

(a)any entitlement of a holder of a licence for vehicles of a class included in that group granted before the date of coming into operation of the said regulation 9(e) to drive vehicles of that class, and vehicles of any other class included in that group, in pursuance of the licence; or

(b)any such licence ceasing to be in force whether before or after that date, or any right that the person who held the licence would have had to the grant of a further licence on or after that date authorising him to drive such vehicles.

(2) In licences (whether full or provisional) issued before the date of coming into operation of regulation 9(e) of the Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 1982 any reference to groups A or B shall be construed for all purposes on and after that date as a reference to the groups as prescribed in these Regulations on and after that date.

Signed by the authority of the Secretary of State

Peter Bottomley

Parliamentary Under Secretary of State,

Department of Transport

24th July 1987

We approve the making of regulations 7 and 19 of these Regulations.

Michael Neubert

Nigel Lawson

Two of the Lords Commissioners of Her Majesty’s Treasury

31st July 1987

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