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The Motor Vehicles (Driving Licences) Regulations 1987

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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(1) 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(2) by the said amendment Regulations.

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