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

PART I PRELIMINARY

Citation, commencement and application

1.—(1) These Regulations may be cited as the Motor Vehicles (Driving Licences) (Heavy Goods and Public Service Vehicles) Regulations 1990 and shall come into force on 1st April 1991.

(2) These Regulations apply in respect of existing heavy goods vehicle and public service vehicle licences.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the 1989 Act” means the Road Traffic (Driver Licensing and Information Systems) Act 1989;

“articulated goods vehicle combination” has the same meaning as in section 108(1) of the 1988 Act(1);

“full” in relation to an existing heavy goods vehicle licence or a large goods vehicle driver’s licence means such a licence which is not a provisional heavy goods vehicle licence or a provisional large goods vehicle driver’s licence as the case may be;

“holder”, in relation to a licence, means the person to whom the licence was granted;

“hgv trainee driver’s licence” means an existing heavy goods vehicle licence which—

(i)

is a licence to drive heavy goods vehicles of class 1, 1A, 2, 2A, 3 or 3A,

(ii)

was applied for by a person under the age of 21 on the date of the application, and

(iii)

has effect for a period during the whole or part of which the holder is under the age of 21;

“large goods vehicle” and “large goods vehicle driver’s licence” have the same meaning as in part IV of the 1988 Act;

“lgv trainee driver’s licence” has the same meaning as in the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990(2);

“licence” means an existing licence;

“Northern Ireland ordinary driving licence” means a licence to drive a motor vehicle granted under the law for the time being in force in Northern Ireland equivalent to Part III of the 1988 Act but does not include such a licence in so far as it authorises a person to drive large goods vehicles or passenger-carrying vehicles of any category;

“ordinary driving licence” means a licence to drive a motor vehicle granted under Part III of the 1988 Act other than a large goods vehicle driver’s licence or a passenger-carrying vehicle driver’s licence;

“passenger-carrying vehicle driver’s licence” has the same meaning as in Part IV of the 1988 Act;

“penalty points” means penalty points endorsed on an ordinary driving licence or the counterpart of such a licence pursuant to sections 28 and 29 of the Road Traffic Offenders Act 1988(3) or counted as having been so endorsed pursuant to paragraph 7(3) of Schedule 4 to the Road Traffic (Consequential Provisions) Act 1988(4);

“relevant endorsement” means an endorsement on a Northern Ireland ordinary driving licence of particulars of a conviction in pursuance of those provisions for the time being in force in Northern Ireland that correspond to sections 44 and 45 of the Road Traffic Offenders Act 1988;

“standard” in relation to an existing heavy goods vehicle licence or a large goods vehicle driving licence means such a licence which is not an hgv or an lgv trainee driver’s licence as the case may be;

“traffic commissioner” means in relation to the holder of a licence the traffic commissioner in whose area the holder of the licence resides except in relation to service personnel to whom regulation 14 applies.

(2) In these Regulations, unless the context otherwise requires, any reference to a class of heavy goods or public service vehicle is a reference to a class specified in column (2) of Part I or II, as the case may be, of Schedule 1, and in the case of a class identified by a number in relation to that number, and reference to a category of vehicle is a reference to a category specified in column (2) of Schedule 1 to the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990 or in column (2) of Schedule 3 to the Motor Vehicles (Driving Licences) Regulations 1987(5), and in the case of a category identified by a letter in relation to that letter.

(3) In these Regulations, unless the context otherwise requires, a reference to a regulation or Schedule followed by a number is a reference to the regulation or Schedule bearing that number in these Regulations, and a reference to a paragraph followed by a number is a reference to the paragraph bearing that number in the regulation in which it appears.

(1)

1988 c. 52; section 89 was amended and section 89A was inserted by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22), section 4 and Schedule 3, paragraph 8; section 92 was amended by that Act, section 5; section 97 was amended by that Act, Schedule 3, paragraph 9; section 98 was amended by that Act, Schedule 3, paragraph 11(a); section 99(1) was amended by that Act, Schedule 3, paragraph 12; and section 99(1A) was inserted by that Act, section 2(2); section 105 was amended by that Act, Schedule 3, paragraph 14 and the Driving Licenses (Community Driving Licence) Regulations 1990 (no 144), Schedule 1, paragraph 6; the sections in Part IV were substituted by that Act, section 2 and Schedule 2; section 118(4) was amended by Schedule 3, paragraph 2(2)(d) of those Regulations; section 183(6) was amended by the 1989 Act, Schedule 3, paragraph 23; section 192(3) was amended by the 1989 Act, Schedule 3, paragraph 24.

(2)

S.I. 1990/2612.

(3)

1988 c. 53.

(4)

1988 c. 54.

(5)

S.I. 1987/1378; the relevant amending instruments are S.I. 1990/842 and 1396.