The Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

Sections 1(1) and 2(1) of the Road Traffic (Driver Licensing and Information Systems) Act 1989 brought into force by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (Commencement No. 4) Order 1990 (No. 2610 (c. 70)) on 1st April 1991 abolish the requirement for special licences for drivers of lorries and buses as heavy goods vehicles under Part IV of the Road Traffic Act 1988 and public service vehicles under section 22 of the Public Passenger Vehicles Act 1981 (c. 14) as an addition to the requirement for ordinary driving licences under Part III of the 1988 Act. They replace this by a unified system of licensing of such vehicles under Part III of the 1988 Act as large goods vehicles and passenger-carrying vehicles supplemented by a new Part IV of the 1988 Act set out in Schedule 2 to the 1989 Act. With the repeal of the said Part IV and sections 22 to 23A of the 1981 Act and the other provisions of that Act relating to the licensing of drivers of public service vehicles by section 16 of, and Schedule 6 to, the 1989 Act (brought into force by that Order on that date) the Heavy Goods Vehicles (Drivers' Licences) Regulations 1977 (No. 1309) as amended (except regulation 26 concerning service personnel which is revoked by these Regulations) and the Public Service Vehicles (Drivers' Licences) Regulations 1985 (No. 214) as amended (except the provision for badges to be worn by drivers of public service vehicles which are revoked by these Regulations) cease to have effect on that date.

These Regulations are made to give effect to this unified licensing system for lorries and buses. They lay down the requirements for large goods and passenger-carrying vehicle drivers' licences and tests of competence for the grant of such licences. Regulation 2(2) and Schedule 1 introduce the new categories of large goods vehicles and passenger-carrying vehicles and so give effect in respect of such vehicles to the system of classification of motor vehicles set out in Article 3 of Council Directive (EEC) No. 80/ 1263 of 4th December 1980 on the introduction of a Community driving licence (OJ No. L375, 31.12.1980, p.1).

The principal changes introduced, as compared with the above-mentioned Regulations of 1977 and 1985 are as follows—

(a) Applications can be made up to three months (rather than two months) in advance and the medical certificate to be furnished by applicants must not be signed more than four months (rather than three months) prior to the date the licence is to take effect (regulation 4).

(b) Applicants for licences except full-time members of the armed forces of the Crown must hold full ordinary driving licences (as defined in regulation 2(1) or entitlement (regulation 5(1)(b)).

(c) New physical disabilities are prescribed which would require refusal or revocation of a licence. These concern deficient eyesight and diabetes requiring insulin treatment but exemptions are included for drivers who held licences on 1st January 1983 and continue to hold them on 1st April 1991, for monocular drivers and for diabetics on insulin where the traffic commissioners have been notified of their condition before 1st January 1991 (regulation 6(1)).

(d) Where an application is made for more than one licence only the highest fee is payable (regulation 9(2)).

(e) A new design of L plate for holders of provisional licences to drive is introduced (regulations 10(3) and 11(4) and Schedule 4).

(f) andidates for tests are required to produce evidence of identity to the satisfaction of the examiner (regulation 18(1)(c)).

(g) Minimum requirements of weight and size for vehicles in which tests of competence may be taken are introduced (regulation 18(3)).

(h) The period of notice prescribed for the cancellation of a test if the test fee is to be repaid is reduced from ten to five days (regulation 21).

(i) xemptions are introduced for passenger-carrying vehicles manufactured more than 30 years previously not used for hire or reward or for the carriage of more than eight passengers (regulation 27(2)) and from the requirement for a passenger-carrying vehicle driver’s licence in the case of large goods vehicles driven by members of the armed forces of the Crown and used for naval, military or air force purposes adapted to carry up to 24 passengers (regulation 27(5)).

Provision is also made—

(a) to allow holders of full ordinary driving licences who have been regularly driving passenger-carrying vehicles with more than 16 seats, in addition to the driver’s seat, for three years preceding their application to be granted a full licence to drive vehicles in category D when the vehicles are not used for hire or reward (regulation 28(1));

(b) to allow holders of full hgv driver’s licences or of full licences to drive vehicles in category C also to drive motor vehicles used for the carriage of passengers with more than sixteen seats, in addition to the driver’s seat, which are not being used for hire or reward or for the carriage of more than 8 passengers; and

(c) to enable a test of competence to be taken in a small passenger-carrying vehicle of less than a prescribed length and for the grant of a licence to a person who passes such a test to drive vehicles in category D with up to 16 passenger seats when used for hire or reward (regulation 18(3) and 29).