The Motor Vehicles (Driving Licences) (Amendment) Regulations (Northern Ireland) 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make further provision to implement Directive 2006/126/EC of the European Parliament and of the Council of 20^th December 2006 on driving licences (“the Third Driving Licences Directive”) (O.J. L403, 30.12.2006, p. 18).

Regulation 2 inserts definitions and related provisions into the Road Traffic (Northern Ireland) Order 1981 (“the 1981 Order”) for the purpose of determining when a person is resident in Northern Ireland or the United Kingdom for driver licensing purposes in accordance with Articles 7(1)(e), 7(3)(b), 11(1) and (5) and 12 of the Third Driving Licences Directive. Being “normally resident” in the United Kingdom or Northern Ireland is a pre-condition to the issue of a driving licence including as a result of these amendments when applying for a new licence at the end of its administrative validity period, or when taking a driving test. In some cases, however, attending a course of study for a period of six months is permitted as an alternative to being normally resident.

Regulation 3(2) removes the exemption for category C licence holders to drive category D vehicles where the category D vehicle is damaged or defective and being driven for repair or is being road tested after repair if the licence holder does not have a category D entitlement.

Regulation 3(3) requires that where an exchangeable licence is exchanged for a Northern Ireland licence such an exchange shall be marked on the Northern Ireland licence.

Regulation 3(4) requires the Department to ensure that persons appointed as examiners meet and maintain the minimum standards which are set out in Annex IV of the Directive. It also requires that the Department establish arrangements for authorising an examiner to conduct driving tests in compliance with paragraphs 2.3, 3 and 5.1 of Annex IV and ensure that there are in place quality assurance and regular periodic training arrangements in line with the provisions of paragraph 4 of Annex IV of the Directive. Those examiners who were appointed before 19^th January 2013 are only required to comply with the quality assurance and regular periodic training arrangements in accordance with paragraph 4 of Annex IV of the Directive.

Regulation 3(5) amends regulation 27(1) of the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996 to take account of relevant amendments to the 1981 Order made by the Immigration Act 2014 and by regulation 2 of these Regulations.

Regulation 3(6) and (7) makes amendments to ensure that only the equivalences between categories CE, DE and D which are permitted by Article 6(2)(b) of the Third Driving Licences Directive are permitted in the UK.

An Explanatory Memorandum and Transposition Note have been produced and are available from Road Safety and Vehicle Regulation Division, Department of the Environment, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB or viewed online at http://www.legislation.gov.uk/nisr.