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

PART IV SUPPLEMENTARY

Issue of existing licence after reconsideration or appeal

13.  Where a heavy goods vehicle or public service vehicle licence is issued as a result of any reconsideration by, or appeal from, a licensing authority under section 116 of the 1988 Act or section 23 of the 1981 Act, which was continued under section 1(3) of the 1989 Act, that licence shall be issued in the form of an existing licence and the person to whom it is issued shall sign it in ink with his usual signature.

Service personnel

14.  The functions of the traffic commissioners under these Regulations shall, except where the context otherwise requires, be exercisable in relation to holders of licences subject to the Naval Discipline Act 1957(1), to military law or to air force law who are not resident in Great Britain by the traffic commissioner for the South Eastern Traffic Area.

Northern Ireland licences

15.—(1) For the purposes of paragraph 9(2) of Part I of Schedule 1 to the 1989 Act the prescribed traffic commissioner is the traffic commissioner for the North Western Traffic Area.

(2) For the purposes of paragraph 9(4) of Part I of Schedule 1 to the 1989 Act the prescribed magistrates' court or prescribed sheriff to whom the holder of an existing Northern Ireland licence who is not resident in Great Britain and who is aggrieved may appeal are—

(i) such a magistrates' court or sheriff as he may nominate at the time he puts down his appeal, or

(ii) in the absence of a nomination of a particular court under sub-paragraph (i) above, the magistrates' court in whose area the office of the traffic commissioner for the North Western Traffic Area is situated.

Entitlement to drive large goods and passenger-carrying vehicles

16.  The holder of a licence other than an hgv trainee driver’s licence conferring entitlement to drive vehicles of a class specified in an entry in column (1) of Part I or Part II, as the case may be, of the table in Schedule 3 (including a licence conferring such entitlement by virtue of regulation 11(1)) shall also be entitled during the currency of that licence to drive large goods and passenger-carrying vehicles of a category specified in the entry opposite thereto in column (2) of Part I or II, as the case may be, of that table, and in respect of a licence for vehicles in class 3 or 3A which is restricted to vehicles having a permissible maximum weight not exceeding 10 tonnes by virtue of—

(a) paragraph 3(3) and (5) of Schedule 2 to the Road Traffic (Drivers' Ages and Hours of Work) Act 1976(2); or

(b) paragraph (1) or (2) of regulation 31 of the Heavy Goods Vehicles (Drivers' Licences) Regulations 1977(3) before they ceased to have effect with the repeal of Part IV of the 1988 Act by section 1 of the 1989 Act,

without any such restriction.

Offences

17.  The holder of a licence who contravenes, or fails to comply without reasonable excuse, with, any provision of regulation 3, 4, 5, 6(1) and (2), 8 or 13 shall be guilty of an offence.

(1)

1957 c. 53.

(2)

1976 c. 3.

(3)

S.I. 1977/1309; to which there are amendments not relevant to these Regulations.