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17.—(1) Subject to paragraph (2), a person is a qualified driver for the purposes of regulation 16 if he—
(a)is 21 years of age or over,
(b)holds a relevant licence,
(c)has the relevant driving experience, and
(d)in the case of a disabled driver, he is supervising a provisional licence holder who is driving a vehicle of a class included in category B and would in an emergency be able to take control of the steering and braking functions of the vehicle in which he is a passenger.
(2) In the case of a person who is a member of the armed forces of the Crown acting in the course of his duties for naval, military or air force purposes sub-paragraphs (a) and (c) of paragraph (1) shall not apply.
(3) For the purposes of this regulation—
(a)“disabled driver” means a person who holds a relevant licence which is limited by virtue of a declaration made with his application for the licence or a notice served under section 92(5)(b) of the Traffic Act to vehicles of a particular class;
(b)“full licence” includes a full Northern Ireland licence and a Community licence;
(c)“relevant licence” means—
(i)in the case of a disabled driver, a full licence authorising the driving of a class of vehicles in category B other than vehicles in sub-category B1 or B1 (invalid carriages), and
(ii)in any other case, a full licence authorising the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder;
(d)a person has relevant driving experience if he satisfies either of the following requirements—
(i)he has held the relevant licence for a continuous period of not less than 3 years or for periods amounting in aggregate to not less than 3 years, or
(ii)he is supervising a provisional licence holder driving a vehicle in category C, D, C+E or D+E, held the relevant licence on 6th April 1998, has held it continuously since that date and has held a full licence authorising the driving of vehicles in category B for a continuous period of not less than 3 years or for periods amounting in aggregate to not less than 3 years; and
(e)for the purposes of sub-paragraph (d)(ii) a person shall be regarded as holding a relevant licence during any period in which he holds a provisional licence and a valid test pass certificate entitling him to a full licence authorising the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder.
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