The Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) (Amendment) (No. 3) Regulations 1991

Statutory Instruments

1991 No. 1541

ROAD TRAFFIC

PUBLIC PASSENGER TRANSPORT

The Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) (Amendment) (No. 3) Regulations 1991

Made

8th July 1991

Laid before Parliament

11th July 1991

Coming into force

5th August 1991

The Secretary of State for Transport, in exercise of the powers conferred by sections 89(3)(b), 105 and 108(1)(1) of the Road Traffic Act 1988(2), and of all other enabling powers, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:

1.  These Regulations may be cited as the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) (Amendment) (No. 3) Regulations 1991 and shall come into force on 5th August 1991.

2.—(1) The Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990(3) shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 19 (Persons who may conduct tests)—

(a) for sub-paragraph (e) of paragraph (1) there shall be substituted the following sub-paragraph—

“(e) in the case of tests of competence to drive passenger-carrying vehicles, by an examiner—

(i) who is, or is employed by, the holder of a PSV operator’s licence, and

(ii) who is authorised by the Secretary of State to conduct tests of persons employed or proposed to be employed in the course of the business conducted by virtue of that licence.”;

(b) paragraph (3) shall be deleted.

Signed by authority of the Secretary of State for Transport

Christopher Chope

Parliamentary Under Secretary of State,

Department of Transport

8th July 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend regulation 19 of the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990 “the 1990 Regulations”).

Sub-paragraph (e) of regulation 19(1) of the 1990 Regulations sets out the requirements to be satisfied if a person is to conduct tests of competence to drive passenger-carrying vehicles but does not qualify to conduct such tests under subparagraphs (a) to (d) of regulation 19(1). Formerly, such persons had to be certified by the Secretary of State, authorised by a traffic commissioner, and the holder of (or the employee of the holder of) a PSV operator’s licence. Whilst this third requirement remains, the first two have been replaced. Now the examiner must be authorised by the Secretary of State to conduct tests of persons employed or proposed to be employed in the course of the business conducted under the operator’s licence.

Paragraph (3) of regulation 19 has been deleted.

(1)

See the definition of “prescribed” and “regulations”.

(2)

1988 c. 52.

(3)

S.I. 1990/2612; there are no relevant amending instruments.