The Motorways Traffic (England and Wales) (Amendment) Regulations 1996

Learner drivers on motorways

2.—(1) The Motorways Traffic (England and Wales) Regulations 1982(1) shall be amended in accordance with the following paragraph.

(2) For regulation 11 there shall be substituted —

“11.— (1) Subject to paragraph (3), a person shall not drive on a motorway a motor vehicle to which this regulation applies if he is authorised to drive that vehicle only by virtue of his being the holder of a provisional licence.

(2) This regulation applies to—

(a) a motor vehicle in category A or B or sub-category C1+E (8.25 tonnes), D1 (not for hire or reward), D1+E (not for hire or reward) or P, and

(b) a motor vehicle in category B+E or sub-category C1 if the provisional licence authorising the driving of such a motor vehicle was in force at a time before 1st January 1997.

(3) Paragraph (1) shall not apply in relation to a vehicle if the holder of the provisional licence has passed a test of competence prescribed under section 89 of the Road Traffic Act 1988(2) for the grant of a licence to drive that vehicle.

(4) In this regulation —

(a) the expression “in force”and expressions relating to vehicle categories shall be construed in accordance with regulations 3(2) and 4(2) respectively of the Motor Vehicles (Driving Licences) Regulations 1996(3);

(b) “provisional licence”, in relation to any vehicle, means a licence —

(i) granted under section 97(2) of the Road Traffic Act 1988, or

(ii) treated, by virtue of section 98 of that Act and regulations made thereunder, as authorising its holder to drive that vehicle as if he were authorised by a provisional licence to do so.”.

(1)

S.I. 1982/1163. The relevant amendment is by S.I. 1992/1364.

(2)

1988 c. 52. The relevant amendments to section 89 are by section 4(2) of the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22) and by Schedule 1 to the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974). The relevant amendments to section 98 are by section 5(10) of and paragraph 11 of Schedule 3 to the 1989 Act and by the Driving Licences (Community Driving Licence) Regulations 1990 (S.I. 1990/144).

(3)

S.I. 1996/2824.