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The Motor Vehicles (Driving Licences) (Amendment) (No.3) Regulations 2015

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This Statutory Instrument has been made in consequence of defects in S.I. 2015/412 and is being issued free of charge to all known recipients of that statutory instrument.

Statutory Instruments

2015 No. 719

Road Traffic

The Motor Vehicles (Driving Licences) (Amendment) (No.3) Regulations 2015

Made

16th March 2015

Laid before Parliament

20th March 2015

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred by section 105(1), (2)(c) and (3) of the Road Traffic Act 1988(1) and section 2(2) of the European Communities Act 1972(2), makes the following Regulations.

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the licensing of drivers(3).

The Secretary of State has consulted with representative organisations as required by section 195(2) of the Road Traffic Act 1988.

Citation and commencement

1.—(1) These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No.3) Regulations 2015.

(2) These Regulations, other than regulation 2, come into force on 26th March 2015.

(3) Regulation 2 comes into force on 25th March 2015.

Revocation

2.  The Motor Vehicles Driving Licences (Amendment) (No.2) Regulations 2015(4) are revoked.

Amendment of the Motor Vehicles (Driving Licences) Regulations 1999

3.  The Motor Vehicles (Driving Licences) Regulations 1999(5) are amended as set out in regulation 4.

4.  After regulation 21A insert—

Prohibition on holding more than one licence

21B.(1) A person must not hold more than one licence(6).

(2) In this regulation, “licence” includes a Northern Ireland licence(7) and a Community licence(8).

(3) In this regulation, “Community licence” does not include a document authorising the holder to drive a motor vehicle which was issued by a state before the date on which that state became a member State or the date on which that state became a party to the EEA agreement.

Signed by authority of the Secretary of State for Transport

Robert Goodwill

Parliamentary Under Secretary of State

Department for Transport

16th March 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke the Motor Vehicles (Driving Licences) (Amendment) (No.2) Regulations 2015. The substantive provisions of these Regulations are identical to S.I. 2015/412 other than the revocation and the number of the regulation being inserted into the Motor Vehicles (Driving Licences) 1999 Regulations.

These Regulations make further provision to implement Article 7(5)(a) of Directive 2006/126/EC of the European Parliament and the Council of 20 December 2006 on driving licences (“the Directive”).

Regulation 4 prohibits a person from holding more than one Great Britain, Northern Ireland or Community driving licence. Any breach of this regulation is an offence under section 91 of the Road Traffic Offenders Act 1988 (c. 53). There is an exception made in the case of those who hold a document authorising them to drive a motor vehicle which was issued by a state before the date on which that state became a member State or the date on which that state became a party to the EEA agreement.

An Impact Assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.

It is normal practice to make available to Parliament, alongside primary or secondary legislation giving effect to European Directives, a Transposition Note that sets out how the Government will transpose the main elements of those Directives into UK law. However, in the present case a Transposition Note has not been made available. This is because, in the Government’s view, the resources required to produce a Transposition Note are significantly greater than can be justified by the resulting added benefit to the reader.

Copies of the Directives referred to above can be found at http://eur-lex.europa.eu.

(2)

1972 c. 68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1) and by the European Union (Amendment) Act 2008 (c. 7), Schedule, Part 1.

(6)

The definition of “licence” can be found in section 108(1) of the Road Traffic Act 1988.

(7)

The definition of “Northern Ireland licence” can be found in section 108(1) of the Road Traffic Act 1988.

(8)

The definition of “Community licence” can be found in section 108(1) of the Road Traffic Act 1988.

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