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

PART II LICENCES

Notification of change of name or address

3.  If, during the currency of a licence, the holder changes his name or address he shall, forthwith notify the Secretary of State of the new name or address, as the case may be, and surrender his licence for replacement by a licence to drive large goods vehicles or passenger-carrying vehicles as the case may be.

Withdrawal of ordinary driving licence or Northern Ireland ordinary driving licence

4.  If the holder of a licence is disqualified for holding or obtaining an ordinary driving licence under section 34, 35 or 36 of the Road Traffic Offenders Act 1988 or under the law for the time being in force in Northern Ireland which corresponds to any of those sections for holding or obtaining a Northern Ireland ordinary driving licence, or if such a licence is refused or revoked under section 92 of the 1988 Act or any provision of that law that corresponds to that section, he shall surrender his first mentioned licence to the traffic commissioner.

Duplicate licences

5.—(1) If a licence has been lost, the holder shall forthwith notify the traffic commissioner and the traffic commissioner, if satisfied that the licence has been lost and on payment of the fee specified in paragraph (5), shall issue a copy of it marked as a duplicate.

(2) If a licence referred to in paragraph (1) is subsequently recovered by the holder he shall forthwith return it to the traffic commissioner.

(3) If a licence becomes defaced, the holder shall forthwith return it to the traffic commissioner and on such return the traffic commissioner shall, on payment of the fee specified in paragraph (5), issue a copy of the licence marked as a duplicate.

(4) A copy of a licence issued and marked as a duplicate in accordance with paragraph (1) or (3) shall have the same effect as the licence which it duplicates.

(5) The fee for the issue of a duplicate licence shall be £5.

(6) Upon the issue of a duplicate licence to him the holder shall sign it in ink with his usual signature.

Custody and production

6.—(1) Save as provided in paragraph (2), on being required to do so by any certifying officer, vehicle examiner or person authorised by any traffic commissioner on production, in any such case, if so required, of his authority, or by any constable, the holder of a licence shall forthwith produce his licence for examination by such officer, examiner, person or constable, as the case may be.

(2) If any person is unable to produce his licence when required to do so in accordance with paragraph (1) it shall be a sufficient compliance with that paragraph if—

(a) in a case where the licence was required by a constable to be produced, within 7 days after the production of the licence was so required, it is produced in person by the holder for examination at such police station as may have been specified by him at the time its production was required; or

(b) in any other case, within 10 days after the production of the licence was so required it is made available for examination at such office as the person requiring its production may have specified at the time its production was required.

(3) Where a licence has been suspended or revoked, then if the holder of the licence fails to deliver it for endorsement, cancellation or transmission as required by regulation 8, a constable or a vehicle examiner may require him to produce it, and upon its being produced may seize it and deliver it for endorsement, cancellation, or transmission in accordance with that regulation.

(4) In this regulation—

(a) “certifying officer” means an officer appointed under section 7(1) of the 1981 Act(1);

(b) “vehicle examiner” means a person appointed as such in accordance with section 7(2) of the 1981 Act or under section 68(1) of the 1988 Act; and

(c) “licence” includes an existing Northern Ireland licence.

Revocation of licences

7.—(1) For the purposes of paragraph 5(1)(a)(i) of Part I of Schedule 1 to the 1989 Act (obligatory revocation of licence), the following physical disabilities are prescribed:—

(a) an epileptic attack since attaining the age of 5 years;

(b) abnormal sight in one or both eyes where—

(i) in the case of a person who held a licence on 1 January 1983 and who holds such a licence on 1 April 1991, the visual acuity is worse than 6/12 with the better eye and worse than 6/36 with the other eye and, if corrective lenses are worn, the uncorrected acuity in each eye is worse than 3/60, or

(ii) in any other case, the visual acuity is worse than 6/9 in the better eye and worse than 6/12 in the other eye and, if corrective lenses are worn, the uncorrected acuity in each eye is worse than 3/60;

(c) sight in only one eye unless—

(i) in the case of a person who held a licence on 1 January 1983 and who holds such a licence on 1 April 1991 the traffic commissioner in whose area he resides or the traffic commissioner who granted the last-mentioned licence knew of the disability before 1 January 1991 and the visual acuity in that eye is no worse than 6/12, or

(ii) in the case of a person who did not hold a licence on 1 January 1983 but who holds such a licence on 1 April 1991 the traffic commissioner in whose area he resides or the traffic commissioner who granted the last-mentioned licence knew of the disability before 1 January 1991 and the visual acuity in that eye is no worse than 6/9;

(d) diabetes subject to insulin treatment unless the person in question held on 1 April 1991 a licence and the traffic commissioner in whose area he resides or the traffic commissioner who granted the licence knew of the disability before 1 January 1991.

(2) The following circumstances relating to conduct are prescribed for the purposes of paragraph 5(1)(a)(ii) of Part I of Schedule 1 to the 1989 Act (obligatory revocation of licence) namely, in the case of the holder of an existing heavy goods vehicle licence who is under the age of 21,—

(a) that his ordinary driving licence, or in the case of such a licence which came into force on or after 1 June 1990 the counterpart of that licence, has more than three penalty points endorsed on it; or

(b) that his Northern Ireland ordinary driving licence, or in the case of such a licence which came into force on or after 1 January 1991 the counterpart of that licence, bears more than one relevant endorsement.

(3) In this regulation references to measurements of visual acuity are references to visual acuity measured on the Snellen Scale.

Surrender of licences

8.  The holder of an existing licence, or an existing Northern Ireland licence, which has been suspended or revoked shall within 7 days of receipt of notice, either delivered to him personally or sent by post, of the decision to suspend or revoke the licence, send or deliver such licence, in the case of the holder of an existing licence, to the traffic commissioner, in whose area he resides and, in the case of the holder of a Northern Ireland licence, to the traffic commissioner for the North Western traffic area, for endorsement and return to the holder, or for cancellation, or transmission to the licensing authority in Northern Ireland, as the case may require.

Disqualification

9.—(1) Where in pursuance of paragraph 5(1)(a)(i) of Part I of Schedule 1 to the 1989 Act the Secretary of State has revoked a person’s licence the Secretary of State shall order that person to be disqualified indefinitely.

(2) Where in pursuance of paragraph 5(1)(a)(ii) of Part I of Schedule 1 to the 1989 Act the Secretary of State has revoked a person’s licence the Secretary of State shall order that person to be disqualified until he reaches 21 years of age or for such longer period as the Secretary of State may determine.

(3) For the purposes of paragraph 6(7) of Part I of Schedule 1 to the 1989 Act, the prescribed classes of large goods vehicles are categories C and C plus E and the prescribed classes of passenger-carrying vehicles are categories D and D plus E.

Removal of disqualification

10.—(1) Subject to paragraph (2) and (3) below, the Secretary of State may, under paragraph 6(4) of Part I of Schedule 1 to the 1989 Act, remove a disqualification imposed under paragraph 6(2)(a) of that Schedule if the application for the removal of the disqualification is made after the expiration of whichever is relevant of the following periods from the commencement of the disqualification, that is to say—

(a) two years, if the disqualification is for less than four years;

(b) one half of the period of the disqualification, if it is for less than ten years, but not less than four years;

(c) five years in any other case, including disqualification for an indefinite period.

(2) The applicant must have incurred no further penalty points or relevant endorsements.

(3) Where an application under paragraph (1) above for the removal, under paragraph 6(4) of Part I of Schedule 1 to the 1989 Act, of a disqualification is refused, a further such application shall not be entertained if made within three months after the date of refusal.

(1)

1981 c. 14.