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

Amendment of the Motor Vehicles (Driving Licences) Regulations

3.—(1) The Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996(1) are amended in accordance with paragraphs (2) to (7).

(2) In regulation 5(2) (competence to drive classes of vehicle) omit paragraph (2).

(3) After regulation 16 (lost or defaced licences) insert—

“Exchangeable Licences

16A.— (1) Where an exchangeable licence is exchanged for a licence such an exchange must be recorded on the licence and on any subsequent renewal or replacement.

(2) An exchange as described in paragraph (1) may only occur if the exchangeable licence has been surrendered to the Department.”.

(4) In regulation 18 (persons by whom practical and unitary tests may be conducted)—

(a) in paragraph (4)(3) omit the words from “and Department” to the end;

(b) after paragraph (4) add—

“(5) The Department must ensure that a person appointed under the provisions of paragraph (1)—

(a) before 19^th January 2013 meets the quality assurance and regular periodic training arrangements in place in accordance with paragraph 4 of Annex IV; and

(b) on or after 19^th January 2013 meets and maintains the minimum standards set out in paragraphs 1, 2.1 and 2.2 of Annex IV.

(6) The Department must establish arrangements for authorising a person appointed under the provisions of paragraph (1) to conduct driving tests and ensure that such arrangements are in compliance with paragraphs 2.3, 3 and 5.1 of Annex IV.

(7) The Department must ensure that there are in place quality assurance and regular periodic training arrangements of persons appointed under the provisions of paragraph (1) in accordance with paragraph 4 of Annex IV.

(8) In this regulation “Annex IV” means Annex IV to Directive 2006/126/EC of the European Parliament and of the Council on driving licences(4).”.

(5) In regulation 27(1)(5) (further requirements at tests), for paragraph (1) substitute—

“(1) A person submitting to a theory test, special manoeuvres test, practical test or unitary test must satisfy the residence requirement in Article 13A(1)(d) of the Order as if that person were making an application under Article 13 of that Order, except that the requirement shall be met at the time of attending the test.”.

(6) In regulation 34 (upgrading of entitlements by virtue of passing second test)—

(a) for paragraph (1) substitute—

“(1) A person who has passed a test prescribed in respect of category D and category C+E is deemed, subject to paragraph (2), competent to drive (in addition to the classes of motor vehicle in respect of which the tests were passed) vehicles included in the category D+E.”;

(b) in paragraph (4) for “Tables A and B” substitute “Table B in Schedule 8”;

(c) in paragraph (5) for “Tables A and B” substitute “Table B in Schedule 8”;

(d) in paragraph (6)—

(i) for “Tables A and B” substitute “Table B in Schedule 8”; and

(ii) for “those Tables” substitute “that Table”; and

(e) in paragraph (8) for “B, C or D” substitute “C or D”.

(7) In Schedule 8(6) (upgraded entitlements on passing second test etc.)—

(a) omit Table A; and

(b) for Table B substitute—

“Table B

Manual test pass in category (or sub-category)
(A)	(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
Automatic Test pass	B	B+E	C1	C	C1+E	C+E	D1	D	D1+E	D+E
C1	—	—	—	—	C1	C1 & C1+E	C1	C1	C1	C1
C	C	C	C	—	C	C	C1 & C	C	C1 & C	C
C1+E	—	—	—	C1+E	—	—	—	C1+E	C1+E	C1+E
C+E	C+E	C+E	C+E	C+E	C+E	—	C+E	C+E & D+E	C+E	C+E
D1	—	—	D1	D1	D1	D1	—	—	—	D1 & D1+E
D	D	D	D	D	D	D & D+E	D	—	D	D
D1+E	—	—	—	D1+E	D1+E	D1+E	—	D1+E	—	—
D+E	D+E	D+E	D+E	D+E	D+E	D+E	D+E	D+E	D+E	—”

(1)

S.R. 1996 No. 542; relevant amending Regulations are S.R. 2012 No. 170 and S.R. 2013 No. 298

(2)

Regulation 5 was amended by regulation 3(5) of S.R. 2012 No. 170 and regulation 2(3) of S.R. 2013 No. 298

(3)

Paragraph (4) was amended by regulation 2(5)(b) of S.R. 2013 No. 298

(4)

OJ No. L 403, 30.12.2006, p.18 to which there are amendments not relevant to these Regulations

(5)

Regulation 27(1) was amended by regulation 3(12) of S.R. 2012 No. 170

(6)

Table B of Schedule 8 was substituted by regulation 2(11) of S.R. 2013 No. 298