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

PART III PROVISIONAL AND TRAINEE HGV LICENCE HOLDERS

Provisional standard licences for heavy goods vehicles

11.—(1) A full standard existing licence to drive heavy goods vehicles of class 2, 2A, 3 or 3A shall also be treated (in so far as it does not by virtue of regulation 16 operate as a full licence to drive such vehicles) as a provisional standard licence to drive heavy goods vehicles of a class in respect of which the holder is not by reason of his age disqualified under section 101(1) of the 1988 Act for holding or obtaining a large goods vehicle driver’s licence.

(2) Subject to paragraph (3) below, a provisional standard existing heavy goods vehicle licence, including a full standard licence which is treated as a provisional standard licence under paragraph (1) above, shall be subject to the following conditions, which are prescribed conditions for the purposes of paragraph 3(1) of Part I of Schedule 1 to the 1989 Act, that is to say, the holder shall not drive a heavy goods vehicle of any class which he may drive by virtue of the licence or a large goods vehicle of any category which he is entitled to drive by virtue of regulation 16—

(a) otherwise than under the supervision of a person who is present with him in the vehicle and who holds a full standard heavy goods vehicle licence or a full standard large goods vehicle driver’s licence to drive the vehicle; and

(b) unless there is clearly displayed in a conspicuous manner on the front and on the back of the vehicle a distinguishing mark—

(i) before the expiry of 5 years after these Regulations come into force, in either form A or B set out in Schedule 2; or

(ii) after the expiry of that period in form B set out in that Schedule.

(3) The condition specified in paragraph (2)(a) shall not apply whilst the holder of the licence is undergoing a test of competence to drive large goods vehicles of any category, being a test for which provision is made under section 89 of the 1988 Act, and the conditions specified in paragraph (2)(a) and (b) shall not apply in relation to the driving of a large goods vehicle of any category where the holder of the licence has passed such a test for a vehicle of that category.

HGV trainee drivers' licences

12.—(1) Every hgv trainee driver’s licence shall be subject to the following conditions, which are prescribed conditions for the purposes of paragraph 3(1) of Part I of Schedule 1 to the 1989 Act—

(a) that the holder shall not drive a heavy goods vehicle of any class for which the licence is issued or for which the licence is treated as a provisional licence unless the holder is the registered employee of a registered employer named in the licence and either—

(i) the vehicle is a heavy goods vehicle of a class to which the holder’s training agreement applies and which is stated in the licence, and the vehicle is owned or operated by that registered employer or by a registered hgv driver training establishment named in the licence; or

(ii) the holder is a part-time member of the armed forces of the Crown and the vehicle is owned by the Secretary of State for Defence and used for naval, military or air force purposes, and

(b) in the case of a holder of an hgv trainee driver’s full licence, that he shall not drive a heavy goods vehicle of any class for which the licence is issued, if the vehicle is being used to draw a trailer, otherwise than under the supervision of a person who is present with him in the vehicle and who holds a full standard existing heavy goods vehicle licence or a full standard large goods vehicle driver’s licence to drive the vehicle.

(2) Subject to paragraphs (3) and (4), an hgv trainee driver’s provisional licence, including an hgv trainee driver’s full licence which is treated as an hgv trainee driver’s provisional licence, shall be subject to the following conditions (additional to that prescribed by paragraph (1) above), which are prescribed conditions for the purposes of paragraph 3(1) of Part I of Schedule 1 to the 1989 Act, that is to say, that the holder shall not drive a heavy goods vehicle of any class which he may drive by virtue of the licence—

(a) otherwise than under the supervision of a person who is present with him in the vehicle and who holds a full standard existing heavy goods vehicle licence or a full standard large goods vehicle driver’s licence to drive the vehicle;

(b) unless there is clearly displayed in a conspicuous manner on the front and on the back of the vehicle a distinguishing mark—

(i) before the expiry of 5 years after these Regulations come into force in either form A or B set out in Schedule 2;

(ii) after the expiry of that period, in form B set out in that Schedule;

(c) if the vehicle is being used to draw a trailer, unless the combination of the vehicle and trailer falls within category C plus E.

(3) The condition specified in paragraph (2)(a) shall not apply while the holder of an hgv trainee driver’s provisional licence (including a full licence which is treated as a provisional licence) is undergoing a test of competence to drive large goods vehicles of any category, being a test for which provision is made under section 89 of the 1988 Act.

(4) Where the holder of an hgv trainee driver’s provisional licence (including a full licence which is treated as a provisional licence) has passed a test for a large goods vehicle of a category for which the licence is, or is treated as, a provisional licence, the conditions specified in paragraph (2) (except (a) where the vehicle is in category C and is being used to draw a trailer or is in category C plus E) shall not apply so far as regards the driving of a vehicle in that category.

(5) In this regulation, unless the context otherwise requires—

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

“training agreement”, in relation to an individual who is undergoing, or is to undergo, hgv driver training, means his agreement therefor with his registered employer in pursuance 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 (given for the purpose of regulations under section 101 of the 1988 Act before the date of coming into force of these Regulations) for training young drivers of heavy goods vehicles and which provides for—

(i)

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

(ii)

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

(iii)

a syllabus for hgv driver training, and

(iv)

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.