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4. In regulation 10 (Provisional licences and provision entitlement), for paragraphs (4) and (5) there shall be substituted the following paragraphs—
“(4) A passenger-carrying vehicle driver’s licence issued as a provisional licence, including a licence which is treated as a provisional licence under section 98(2) and (3), shall be subject to the condition prescribed for the purposes of section 114(1) of the 1988 Act, that the holder shall not drive a passenger-carrying vehicle which he may drive by virtue of the licence while carrying any passenger in the vehicle other than—
(a)the person specified in paragraph (3)(a);
(b)a person specified in regulation 18(5); or
(c)a person who holds a passenger-carrying vehicle driver’s licence or an existing public service vehicle licence and is giving or receiving instruction in the driving of passenger-carrying vehicles or who has given or received, or is to give or receive, such instruction.
(5) The condition specified in paragraph (3)(a) shall not apply whilst the holder of a provisional licence is undergoing a test; neither of the conditions specified in paragraph (3) nor the condition in paragraph (4) shall apply in relation to the driving of a vehicle of any category when the holder of the licence has passed a test for a vehicle of that category or whilst the holder of the licence is driving a vehicle he is entitled to drive by virtue of regulation 33(1) or 34(2) of the Motor Vehicles Driving Licences) Regulations 1987(1).”
S.I. 1987/1378; the relevant amending instruments are S.I. 1990/842 and 1991/495.
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