The Motor Vehicles (Driving Licences) (Amendment) Regulations 1998

1.  These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 1998 and shall come into force—

(a) for all purposes except those of regulations 11 and 20 on 31st January 1998, and

(b) for the purposes of regulations 11 and 20 on 1st April 1998.

2.  The Motor Vehicles (Driving Licences) Regulations 1996(1) shall be further amended in accordance with the following regulations.

3.  In regulation 3(1), in the definition of “unladen weight”, for the words from “in the case of” to the end there shall be substituted “in the case of a road roller, includes the weight of any object for the time being attached to the vehicle, being an object specially designed to be so attached for the purpose of temporarily increasing the vehicle’s weight”.

4.—(1) Regulation 7 shall be amended as follows.

(2) In paragraph (2)—

(a) in sub-paragraph (a)—

(i) after the words “passed a test” there shall be inserted “on or after 1st January 1997”, and

(ii) at the end the word “and” shall be omitted;

(b) at the end, there shall be inserted

“and

(c) the case of a person who has before 1st January 1997 passed a test for a licence authorising the driving of a large motor bicycle”.

(3) In paragraph (6), for the words “small passenger-carrying vehicle” there shall be substituted “vehicle of a class included in sub-category D1”.

(4) After paragraph (10A) there shall be inserted—

“(10B) In item 7, the age of 17 is substituted for the age of 21 in the case of a road roller which—

(a) is propelled otherwise than by steam,

(b) has no wheel fitted with pneumatic, soft or elastic tyres,

(c) has an unladen weight not exceeding 11.69 tonnes, and

(d) is not constructed or adapted for the conveyance of a load other than the following things, namely water, fuel or accumulators used for the purpose of the supply of power to or propulsion of the vehicle, loose tools and objects specially designed to be attached to the vehicle for the purpose of temporarily increasing its weight.”.

5.  In regulation 8(4)(b), after the words “Northern Ireland”, in both places where they occur, there shall be inserted “or the law of Gibraltar”.

6.  In regulation 10, at the end, there shall be inserted—

“(4) An applicant for a large goods vehicle driver’s licence who is a member of the armed forces and is under the age of 21 must not be a person who has—

(a) been convicted (or is, by virtue of section 58 of the Offenders Act(2), to be treated as if he had been convicted) of an offence as a result of which at least one penalty point falls to be taken into account under section 29 of the Offenders Act(3), or

(b) at any time been disqualified by a court for holding or obtaining a licence or by a court in Northern Ireland for holding or obtaining a Northern Ireland licence.”.

7.—(1) Regulation 15 shall be amended as follows.

(2) In paragraph (2)(c), after the words “motor vehicle” there shall be inserted “, other than a vehicle of a class included in category C, C+E, D or D+E,”.

(3) After paragraph (10) there shall be inserted—

“(10A) The condition specified in paragraph (7)(b) shall not apply in the case of a provisional licence holder who is unable, by reason of impaired hearing, to receive directions from the supervising instructor by radio where the licence holder and the instructor are employing a satisfactory means of communication which they have agreed before the start of the journey.”.

8.  In regulation 23(2), for “regulation 44(8)” there shall be substituted “regulations 44(8) and 45(5)”.

9.—(1) Regulation 34 shall be amended as follows.

(2) In paragraph (1), at the beginning, there shall be inserted the words “Subject to paragraph (1A),”.

(3) After paragraph (1), there shall be inserted—

“(1A) Paragraph (1) shall not apply in the case of a person who submits himself for an appropriate driving test pursuant to section 36 of the Offenders Act or for any part of such a test.”.

(4) In paragraph (8), in the definition of “excepted provisional licence”, for the words “C1, D1 (not for hire or reward), D1+E (not for hire or reward) and C1+E (8.25 tonnes)”there shall be substituted “C1 and D1 (not for hire or reward)”.

10.—(1) Regulation 42 shall be amended as follows.

(2) In paragraph (1), for the words “subject to paragraph (2)” there shall be substituted “subject to the following provisions of this regulation”.

(3) In paragraph (3), for the words “subject to paragraph (7)” there shall be substituted “subject to the following provisions of this regulation”.

(4) For paragraph (4) there shall be substituted—

“(4) Except as provided in paragraph (4A), in the case of a person who has passed a test for a licence authorising the driving of a class of vehicles in category D not more than 5.5 metres in length paragraphs (1), (2) and (3) and Tables A and B in Schedule 9 shall apply as if he had passed a test for a licence authorising only the driving of the corresponding classes of vehicle in sub-category D1.

(4A) Where a person has passed tests for a licence authorising the driving of—

(a) motor vehicles in category D not more than 5.5 metres in length having automatic transmission, and

(b) motor vehicles in category C, other than vehicles in sub-category C1, having manual transmission,

he is deemed competent to drive vehicles in category D not more than 5.5 metres in length which have manual transmission.”

(5) For paragraph (6) there shall be substituted—

“(6) In the case of a person who has passed a test for a licence authorising the driving only of those classes of vehicle in category C+E which are drawbar trailer combinations paragraphs (1), (2) and (3) and Tables A and B in Schedule 9 shall apply as if he had passed a test for a licence authorising only the driving of the corresponding classes of vehicle in category C.”

(6) In paragraph (9A), for the words “sub-category B1” there shall be substituted “sub-categories B1 and B1 (invalid carriages)”.

11.—(1) Regulation 43 shall be amended as follows.

(2) In paragraph (1), for “(4) and (5)” there shall be substituted “(4), (4B) and (5)”.

(3) In paragraph (4), after “by virtue of paragraph (2)”, there shall be inserted “or (5)”.

(4) For paragraph (4A), there shall be substituted—

“(4A) Paragraph (3)(a) shall not apply where the additional category is F, G, H, K, L or P.

(4B) Where the person who is disqualified passes the practical test on a vehicle of a class included in category A, other than sub-category A1, the disqualification shall be deemed to have expired additionally in relation to all classes of vehicle included in—

(a) categories B, B+E, C, C+E, D and D+E, unless that test is passed on a vehicle with automatic transmission, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in those categories as have automatic transmission;

(b) categories F, G, H and L.”.

(5) For paragraph (5) there shall be substituted—

“(5) Where the person who is disqualified passes the practical test on a vehicle of a class included in category B, other than sub-categories B1 and B1 (invalid carriages), the disqualification shall be deemed to have expired additionally in relation to all classes of vehicle included in—

(a) categories A, B+E, C, C+E, D and D+E, unless that test is passed on a vehicle with automatic transmission, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in those categories as have automatic transmission;

(b) categories G, H and L.”.

12.  For regulation 52 there shall be substituted—

“Large goods vehicle drivers' licences and LGV Community licences: obligatory revocation or withdrawal and disqualification

52.— (1) The prescribed circumstances for the purposes of section 115(1)(a) of the Traffic Act(4) are that, in the case of the holder of a large goods vehicle driver’s licence who is under the age of 21, he has been convicted (or is, by virtue of section 58 of the Offenders Act, to be treated as if he had been convicted) of an offence as a result of which the number of penalty points to be taken into account under section 29 of the Offenders Act exceeds three.

(2) The prescribed circumstances for the purposes of section 115A(1)(a) of the Traffic Act are that, in the case of the holder of an LGV Community licence who is under the age of 21, he has been convicted (or is, by virtue of section 58 of the Offenders Act, to be treated as if he had been convicted) of an offence as a result of which the number of penalty points to be taken into account under section 29 of the Offenders Act exceeds three.

(3) Where—

(a) a large goods vehicle driver’s licence is revoked under section 115(1)(a) of the Traffic Act, or

(b) the Secretary of State serves a notice on a person in pursuance of section 115A(1)(a) of that Act,

the cases in which the person whose licence has been revoked or, as the case may be, on whom the notice has been served must be disqualified indefinitely or for a fixed period shall be determined by the licensing authority.

(4) Where the licensing authority makes a determination under paragraph (3) that a person is to be disqualified for a fixed period he shall be disqualified until he reaches 21 years of age or for such longer period as the licensing authority may determine.”.

13.  For regulation 53 there shall be substituted—

“Holders of licences who are disqualified by order of a court

53.— (1) This regulation applies where a person’s large goods vehicle or passenger-carrying vehicle driver’s licence is treated as revoked by virtue of section 37(1) of the Offenders Act (effect of disqualification by court order) and where it applies subsections (1) and (2) of section 117 of the Traffic Act are modified in accordance with paragraphs (2) to (6).

(2) Where the licence which is treated as revoked is a large goods vehicle driver’s licence held by a person under the age of 21—

(a) the licensing authority must order that person to be disqualified either indefinitely or for a fixed period, and

(b) where the licensing authority determines that he shall be disqualified for a fixed period, he must be disqualified until he reaches the age of 21 or for such longer period as the licensing authority determines.

(3) Where the licence which is treated as revoked is a large goods vehicle driver’s licence held by any other person or is a passenger-carrying vehicle driver’s licence—

(a) the licensing authority may order that person to be disqualified either indefinitely or for such fixed period as he thinks fit, or

(b) except where the licence is a provisional licence, if it appears to the licensing authority that, owing to that person’s conduct, it is expedient to require him to comply with the prescribed conditions applicable to provisional licences until he passes a test, the licensing authority may order him to be disqualified for holding or obtaining a full licence until he passes a test.

(4) Where the licensing authority orders him to be disqualified until he passes a test, that test shall be a test prescribed by these Regulations for a licence authorising the driving of any class of vehicle in category C (other than sub-category C1), C+E, D or D+E which, prior to his disqualification by order of the court, he was authorised to drive by the revoked licence.

(5) Any question as to whether a person—

(a) shall be disqualified indefinitely or for a fixed period or until he passes a test, or

(b) if he is to be disqualified for a fixed period, what that period should be, or

(c) if he is to be disqualified until he passes a test, which test he should be required to pass,

may be referred by the licensing authority to the traffic commissioner for the area in which that person resides.

(6) Where the licensing authority determines that a person shall be disqualified for a fixed period, that period shall commence on the expiration of the period of disqualification ordered by the court.

(7) Where this regulation applies, subsections (3) to (6) of section 116 of the Traffic Act shall apply as if—

(a) subsection (4)(a) and the words “in any other case” in subsection (4)(b) were omitted, and

(b) the references to sections 115(1) and 116(1) of that Act were references to this regulation.”.

14.—(1) Regulation 55 shall be amended as follows.

(2) In paragraph (1), for the words “Approved training courses for riders of motor bicycles”there shall be substituted “An approved training course is one complying with and conducted in accordance with this Part of these Regulations and”.

(3) For paragraph (3) there shall be substituted—

“(3) In this Part of these Regulations—

“approved training body” means a person authorised to provide approved training courses under or by virtue of this regulation;

“prescribed training course” means a course containing the elements prescribed under regulation 61.”.

15.  For regulation 56 there shall be substituted—

“Certified instructors

56.— (1) No person may conduct instruction in the riding of motor bicycles as part of an approved training course except in accordance with this regulation and regulations 56A to 62.

(2) Subject to the following provisions of this regulation, an approved training body may authorise persons to conduct on his behalf instruction of persons in the riding of learner motor bicycles.

(3) A person may not be authorised under paragraph (2) unless at the date of authorisation he satisfies the following conditions, namely that—

(a) he is a fit and proper person to be an instructor;

(b) he holds a full licence authorising the driving of vehicles in category A other than vehicles included in sub-category A1;

(c) either—

(i) in the case of a person who was authorised to conduct instruction by an approved training body in accordance with these Regulations on 30th January 1998, he had held that licence for a period of, or periods amounting in aggregate to, not less than 2 years, or

(ii) in any other case, he is at least 21 years of age and has held that licence for a period of, or periods amounting in aggregate to, not less than 3 years; and

(d) he has either—

(i) successfully completed the licensing authority’s assessment course for certified instructors, or

(ii) been fully trained by a certified instructor who has successfully completed such a course and assessed by that instructor to be capable of acting as a certified instructor.

(4) An authorisation given to a person under paragraph (2) shall be of no effect unless—

(a) the approved training body has notified the licensing authority in writing of the proposed authorisation,

(b) the licensing authority has approved the authorisation in writing, and

(c) there is in force in respect of that person a valid certificate, in the form set out in Part 1 of Schedule 12, issued by the licensing authority to the approved training body giving the authorisation.

(5) A person in respect of whom a certificate issued under paragraph (4)(c) is in force—

(a) shall be known as a certified instructor, and

(b) shall be entitled—

(i) to conduct approved training courses, and

(ii) in the case of an instructor who has successfully completed the licensing authority’s assessment course for certified instructors, to train other persons and to assess their capability to act as certified instructors.

(6) Where—

(a) a person who is an approved training body satisfies the conditions set out in paragraph (3), and

(b) a certificate in respect of him is issued by the licensing authority under paragraph (4)(c),

he shall be deemed to have been authorised as a certified instructor.

(7) A certificate issued pursuant to paragraph (4)(c) shall be valid for a period of four years but may be renewed upon application being made to the licensing authority by the approved training body who authorised the instructor.

(8) When conducting an approved training course a certified instructor shall carry with him the certificate issued in respect of him by the licensing authority and shall, upon being required to do so by a constable or the licensing authority, produce it for examination.

Persons authorised as assistant instructors

56A.— (1) Subject to paragraphs (2) and (3), a person authorised or deemed to be authorised as an assistant instructor on 30th January 1998 shall be entitled to conduct, on behalf of an approved training body, the instruction of riders of motor bicycles in all elements other than element (E) of the prescribed training course.

(2) No person authorised or deemed to be authorised as an assistant instructor may conduct instruction if at any time he ceases to hold a full licence authorising the driving of vehicles in category A (other than a licence authorising the driving only of vehicles in sub-category A1) or if the licensing authority, being satisfied that he is not a fit and proper person to conduct instruction, withdraws approval of his authorisation to act as an assistant instructor.

(3) No person shall be entitled to conduct training otherwise than as a certified instructor or certified direct access instructor after 30th January 2002.”.

16.—(1) Regulation 57 shall be amended as follows.

(2) In paragraphs (1) and (3), for “56(5)” there shall be substituted “56(4)(b)”.

(3) In paragraph (2)(b), the words “under regulation 56(5)” shall be omitted.

(4) In paragraphs (2) and (3), for “56(6)”, in each place where it occurs, there shall be substituted “56(4)(c)”.

17.—(1) Regulation 58 shall be amended as follows.

(2) For “56(6)”, in each place where it occurs, there shall be substituted “56(4)(c)”.

(3) In paragraph (2), for “56(9)” there shall be substituted “56(6)”.

18.—(1) Regulation 60 shall be amended as follows.

(2) For paragraph (2)(b) there shall be substituted—

“(b) either—

(i) was authorised on 30th January 1998 to conduct instruction by an approved training body in accordance with these Regulations and has held that licence for a period of, or periods amounting in aggregate to, not less than 2 years, or

(ii) if he was not so authorised, is at least 21 years of age and has held that licence for a period of, or periods amounting in aggregate to, not less than 3 years,”.

(3) In paragraphs (3)(a), (6)(b) and (7)(a), for the words “motor bicycle instructors” there shall be substituted “certified instructors”.

(4) In paragraph (8), for “56(7) and (10)” there shall be substituted “56(7) and (8)”.

19.  After regulation 60, there shall be inserted—

“Eligibility to undertake approved training course

60A.   No person shall be eligible to undertake an approved training course unless at the time he undertakes it he holds a provisional licence authorising him to drive a motor bicycle of the class on which the course is to be undertaken or is entitled, by virtue of section 98 of the Traffic Act, to drive a motor bicycle of that class subject to the same conditions as the holder of a provisional licence.”.

20.  For regulation 62(2) there shall be substituted—

“(2) Subject to paragraph (3), when riders are undertaking element (E) of the prescribed training course—

(a) there must be no more than 2 riders in the charge of any one certified or certified direct access instructor at any one time, and

(b) the instructor must be able to communicate with each rider by means of a radio which is not hand-held while in operation.

(3) The condition specified in paragraph (2)(b) shall not apply in the case of a rider who is unable, by reason of impaired hearing, to receive directions from the instructor by radio where the rider and the instructor are employing a satisfactory means of communication which they have agreed before the start of element (E).”.

21.—(1) Regulation 63 shall be amended as follows.

(2) For paragraphs (1) and (2) there shall be substituted—

“(1) The certified instructor or the certified direct access instructor who conducted element (E) of the course shall furnish a person who successfully completes an approved training course with a certificate in the form set out in Part 3 of Schedule 12 and signed by that instructor.

(2) A certificate issued under paragraph (1) is not valid for the purposes of regulation 34(6), as evidence of the successful completion of an approved training course, unless—

(a) the person to whom it is issued is at the time of issue eligible to undertake the training course, and

(b) the practical test is conducted no later than the earlier of the following dates, namely—

(i) the relevant expiry date of the certificate, and

(ii) in a case where the person to whom the certificate was given is later disqualified by order of a court under section 36 of the Offenders Act, the date on which the order is made.”.

(3) After paragraph (3) there shall be inserted—

“(4) An approved training body may, if satisfied that a certificate issued to a person who has successfully completed an approved training course conducted by that body has been lost or destroyed, issue a duplicate certificate but may not make a charge exceeding £20.00 in respect of the issue of any one certificate.”.

22.  For regulation 74(2) there shall be substituted—

“(2) The enactments mentioned in paragraph (2A) shall apply in relation to—

(a) holders of relevant permits and holders of British external licences of the classes mentioned in paragraphs (1A) and (1B), or

(b) (as the case may be) those licences and permits,

with the modifications contained in paragraph (2A).

(2A) The modifications referred to in paragraph (2) are that—

(a) section 7 of the Offenders Act(5) shall apply as if—

(i) the references to a licence were references to a relevant permit or a British external licence, and

(ii) the words after paragraph (c) thereof were omitted;

(b) section 27(1) and (3) of the Offenders Act(6) shall apply as if—

(i) the references to a licence were references to a relevant permit or a British external licence,

(ii) the references to the counterpart of a licence were omitted, and

(iii) in subsection (3) the words “, unless he satisfies the Court that he has applied for a new licence and has not received it” were omitted;

(c) section 42(5) of the Offenders Act shall apply as if for the words “endorsed on the counterpart of the licence” onwards there were substituted the words “notified to the Secretary of State”;

(d) section 47 of the Offenders Act shall apply as if for subsection (2)(7) there were substituted—”

“(2) Where a court orders the holder of a relevant permit or a British external licence to be disqualified it must send the permit or the licence, on its being produced to the court, to the Secretary of State who shall keep it until the disqualification has expired or been removed or the person entitled to it leaves Great Britain and in any case has made a demand in writing for its return to him.

• “Relevant permit” has the meaning given by regulation 74 of the Motor Vehicles (Driving Licences) Regulations 1996.”;

“(e) section 164(1), (6) and (8) of the Traffic Act(8) shall apply as if the references therein to a licence were references to a relevant permit or a British external licence and the references to a counterpart of a licence were omitted; and

(f) section 173 of the Traffic Act(9) shall apply as if after paragraph (aa) there were added—

“(ab) a relevant permit (within the meaning of regulation 74 of the Motor Vehicles (Driving Licences) Regulations 1996,

(ac) a British external licence,”.”

23.  In Schedule 2, in column (2), in the description of sub-category B1, for the words from “an unladen weight” to the end there shall be substituted “and an unladen weight not exceeding 550 kilograms”.

24.  In Schedule 6, in paragraph 2, in the definition of “acceptable person”, for “56(2)(a)” there shall be substituted “56(5)(a)”.

25.  In Schedule 11, in the form of unitary or practical test pass certificate in Part 1, after “Date of test ... ... ... ...” there shall be inserted “Test centre ... ... ... ...”.

26.  In Schedule 12, in Part 1, at the end there shall be inserted “The certificate shall indicate, if appropriate, that the holder has successfully completed the licensing authority’s assessment course for certified instructors”.

27.  The Motor Vehicles (Driving Licences) (Amendment) (No. 6) Regulations 1990(10) are hereby revoked.

Signed by authority of the Secretary of State for Transport

Helene Hayman

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

8th January 1998