The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2001

Statutory Instruments

2001 No. 937

ROAD TRAFFIC

The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2001

Made

13th March 2001

Laid before Parliament

14th March 2001

Coming into force

5th April 2001

The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred by sections 92(4) and 105(1) and (3) of the Road Traffic Act 1988(1), and after consulting with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2001 and shall come into force on 5th April 2001.

Amendment of regulation 73 of the Motor Vehicles (Driving Licences) Regulations 1999 (disabilities prescribed in respect of group 2 licences)

2.  Regulation 73 of the Motor Vehicles (Driving Licences) Regulations 1999(2) shall be amended in accordance with the following regulations.

3.  For paragraph (9) shall be substituted the following paragraph—

“(9) Diabetes requiring insulin treatment is prescribed for the purposes of section 92(4)(b) in the case of a person who—

(a) is an applicant for a licence authorising the driving of vehicles in sub-category C1, C1+E or C1+E (8.25 tonnes), and

(b) satisfies the Secretary of State that he has for at least 4 weeks been undergoing treatment with insulin,

provided that he satisfies the conditions mentioned in paragraph (10).”.

4.  In paragraph (10)—

(1) sub-paragraph (a) shall be omitted;

(2) in sub-paragraph (d), the words “during his normal working hours” shall be omitted;

(3) after sub-paragraph (d) shall be inserted the following sub-paragraph—

“(dd) he provides a declaration signed by him that he will—

(i) so far as reasonably practicable comply with such directions regarding his treatment for diabetes as may for the time being be given to him by the doctor supervising that treatment;

(ii) immediately report to the Secretary of State in writing any significant change in his condition; and

(iii) provide such evidence as the Secretary of State may request that he continues to carry out the monitoring referred to in sub-paragraph (e) below,”; and

(4) for sub-paragraph (e) shall be substituted the following sub-paragraph—

“(e) he regularly monitors his condition and, in particular, undertakes blood glucose monitoring at least twice daily and at times relevant to—

(i) if he has held a licence authorising the driving of vehicles in sub-category C1, C1+E or C1+E (8.25 tonnes) for at least 12 months since starting his insulin treatment, the driving of such vehicles, and

(ii) in any other case, the driving of motor vehicles generally.”

Signed by the authority of the Secretary of State

Larry Whitty

Parliamentary Under-Secretary of State,

Department of the Environment, Transport and the Regions

13th March 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the provisions of the Motor Vehicles (Driving Licences) Regulations 1999 which enable diabetics requiring insulin treatment to obtain certain Group 2 licences.

The Regulations remove the limitation of the present provisions to persons who suffered from diabetes before 1998 and held a relevant licence at the end of 1996, and they extend the provisions to the C1+E sub-category.

The conditions for the granting of licences are amended with a view to ensuring that the applicant obtains proper treatment for his condition, abides by the treatment plan drawn up by his doctor and monitors his condition appropriately.

(1)

1988 c. 52.

(2)

S.I. 1999/2864; to which there are no amendments relevant to these Regulations.