The Motor Vehicles (Driving Licences) (Heavy Goods and Public Service Vehicles) Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

Sections 1(1) and 2(1) of the Road Traffic (Driver Licensing and Information Systems) Act 1989 brought into force by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (Commencement No. 4) Order 1990 (No. 2610 (c. 70)) on 1st April 1991 abolish the requirement for special licences for drivers of lorries and buses as heavy goods vehicles under Part IV of the Road Traffic Act 1988 and public service vehicles under section 22 of the Public Passenger Vehicles Act 1981 (c. 14) as an addition to the requirement for ordinary driving licences under Part III of the 1988 Act. They replace this by a unified system of licensing of such vehicles under Part III of the 1988 Act as large goods vehicles and passenger-carrying vehicles supplemented by a new Part IV of the 1988 Act set out in Schedule 2 to the 1989 Act. With the repeal of the said Part IV and sections 22 to 23A of the 1981 Act and the other provisions of that Act relating to the licensing of drivers of public service vehicles by section 16 of, and Schedule 6 to, the 1989 Act (brought into force by that Order on that date) the Heavy Goods Vehicles (Drivers' Licences) Regulations 1977 (No. 1309) as amended (except regulation 26 concerning service personnel which is revoked by the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990 (No. 2612)) and the Public Service Vehicles (Drivers' Licences) Regulations 1985 (No. 214) as amended(except the provisions for badges to be worn by drivers of public service vehicles which are also revoked by the 1990 Regulations) cease to have effect.

Section 1(2) of the 1989 Act, also brought into force by the above-mentioned order on 1st April 1991 provides for the continued validity of existing heavy goods vehicle and public service vehicle licences if the holder has a licence under Part III of the Road Traffic Act 1988 (c. 52). Section 1(6) of, and Schedule 1 to, the 1989 Act, also brought into force by the Order on that date, lay down the requirements which will govern the holding of such licences until they expire or are revoked or surrendered.

These Regulations are made under powers conferred by section 1 of the 1989 Act and that Schedule to lay down requirements for the holding of such licences, their custody and production, revocation and surrender and for disqualification. The principal changes made as compared with the aforementioned Regulations of 1977 and 1985 are as follows:—

(a) Licence holders are required to notify the Secretary of State of any change in their name or address rather than the traffic commissioners (regulation 3).

(b) New physical disabilities are prescribed which would require refusal or revocation of a licence. These concern deficient eyesight and diabetes requiring insulin treatment but exemptions are included for drivers who hold licences on 1st January 1983 and continue to hold them on 1st April 1991, for monocular drivers and for diabetics on insulin where the traffic commissioners have been notified of their condition before 1st January 1991 (regulation 7(1)).

(c) A new design of L plate for holders of provisional licences to drive heavy goods vehicles is introduced (regulation 11(2) and 12(2) and Schedule 2).