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

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the 1981 Act” means the Public Passenger Vehicles Act 1981;

“the 1988 Act” means the Road Traffic Act 1988;

“the 1989 Act” means the Road Traffic (Driver Licensing and Information Systems) Act 1989;(1)

“existing licence”, “existing heavy goods vehicle licence” and “existing public service vehicle licence” have the same meaning as in Part I of Schedule 1 to the 1989 Act;

“full” with reference to an ordinary driving licence or a large goods vehicle or passenger-carrying vehicle driver’s licence or an existing heavy goods vehicle licence means such a licence other than a provisional licence;

“heavy goods vehicle” has the same meaning as it had for the purposes of Part IV of the 1988 Act before its repeal by section 1 of the 1989 Act;

“holder”, in relation to a licence, means the person to whom the licence was granted;

“hgv trainee driver’s licence” means an existing heavy goods vehicle licence which—

(i)

is a licence to drive heavy goods vehicles of class 1, 1A, 2, 2A, 3 or 3A or any combination thereof,

(ii)

was applied for by a person under the age of 21 on the date of the application, and

(iii)

has effect for a period during the whole or part of which the holder is under the age of 21;

“licence” means a large goods vehicle driver’s licence or a passenger-carrying vehicle driver’s licence;

“lgv trainee driver’s licence” means a large goods vehicle driver’s licence which—

(i)

is a licence to drive large goods vehicles of category C or C plus E or both,

(ii)

was applied for by a person under the age of 21 on the date of the application, and

(iii)

has effect for a period during the whole or part of which the holder is under the age of 21;

“maximum authorised mass” has the same meaning—

(i)

in relation to goods vehicles as “permissible maximum weight” in section 108(1) of the 1988 Act, and

(ii)

in relation to any other vehicle or trailer as “maximum gross weight” in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986(2)

“Northern Ireland ordinary driving licence” means a licence to drive a motor vehicle granted under the law for the time being in force in Northern Ireland equivalent to Part III of the 1988 Act but does not include such a licence in so far as it authorises a person to drive large goods vehicles or passenger-carrying vehicles of any category;

“ordinary driving licence” means a licence to drive a motor vehicle granted under Part III of the 1988 Act other than a large goods vehicle or passenger-carrying vehicle driver’s licence;

“penalty points” means penalty points endorsed on an ordinary driving licence or the counterpart of an ordinary driving licence pursuant to sections 28 and 29 of the Road Traffic Offenders Act 1988(3) or counted as having been so endorsed pursuant to paragraph 7(3) of Schedule 4 to the Road Traffic (Consequential Provisions) Act 1988(4);

“PSV operator’s licence” and “public service vehicle” have the meanings given by section 82(1) of the 1981 Act;

“registered” means registered for the time being by the Training Committee in accordance with the relevant provisions of the training scheme;

“relevant endorsement” means an endorsement on a Northern Ireland ordinary driving licence or its counterpart of particulars of a conviction in pursuance of those provisions for the time being in force in Northern Ireland that correspond to sections 44 and 45 of the Road Traffic Offenders Act 1988(5);

“standard” in relation to an existing heavy goods vehicle licence or a large goods vehicle driver’s licence means such a licence which is not an hgv trainee driver’s licence or an lgv trainee driver’s licence as the case may be;

“test” means a test of competence to drive large goods vehicles or passenger-carrying vehicles, as the case may be, of any category, being a test for which provision is made under section 89(3) of the 1988 Act;

“traffic commissioner” means in relation to an applicant for or the holder of a licence the traffic commissioner in whose area the applicant or holder resides except in relation to service personnel to whom section 183(6) of the 1988 Act and regulation 23 applies;

“training agreement” in relation to an individual who is undergoing, or is to undergo, lgv driver training, means his agreement therefor with his registered employer in pursuance of the training scheme;

“the Training Committee” means the Committee which has been established by the employers' associations and the trade unions in the road goods transport industry with a constitution approved by the Secretary of State and which is known as the National Joint Training Committee for Young LGV Drivers in the Road Goods Transport Industry;

“the training scheme” means the scheme which has been established by the Training Committee with the approval of the Secretary of State (given for the purpose of regulations under section 120 of the 1988 Act) for training young drivers of large goods vehicles and which provides for—

(i)

the registration by the Training Committee of employers who are willing and able to provide lgv driver training for persons employed by them;

(ii)

the registration by the Training Committee of persons operating establish-ments for providing lgv driver training;

(iii)

a syllabus for lgv driver training; and

(iv)

the registration by the Training Committee of individual employees who are undergoing, or are to undergo, lgv driver training in the service of a registered employer in accordance with a form of agreement approved by the Training Committee;

“vehicle with automatic transmission” means a vehicle in which the driver is not provided with any means whereby he may, independently of the use of the accelerator or the brakes, vary gradually the proportion of the power being produced by the engine which is transmitted to the road wheels of the vehicle.

(2) In these Regulations, unless the context otherwise requires, any reference to a class of heavy goods or public service vehicle is a reference to a class defined in column (2) in Part I or II, as the case may be, of Schedule 1 to the Motor Vehicles (Driving Licences) (Heavy Goods and Public Service Vehicles) Regulations 1990(6), and in the case of a class identified by a number in relation to that number and any reference to a category of vehicle is a reference to a category specified in column (2) of Schedule 1 or column (2) of Schedule 3 to the Motor Vehicles (Driving Licences) Regulations 1987(7), and in the case of a category identified by a letter in relation to that letter.

(3) In these Regulations, unless the context otherwise requires, a reference to a regulation or Schedule followed by a number is a reference to the regulation or Schedule bearing that number in these Regulations, and a reference to a paragraph followed by a number is a reference to the paragraph bearing that number in the regulation in which it appears.

(1)

1989 c. 22; this Act was amended by the Driving Licences (Community Driving Licence) Regulations 1990 (No. 144).

(2)

S.I. 1986/1078; the relevant amending instrument is S.I. 1987/676.

(3)

1988 c. 53; section 29 was amended by regulation 2(2) of, and paragraph 4 of Schedule 2 to, the Driving Licences (Community Driving Licence) Regulations 1990 (No. 144).

(4)

1988 c. 54.

(5)

1988 c. 53; sections 44 and 45 were amended by regulation 2(2) of, and paragraphs 10 and 11 of Schedule 2 to, the Driving Licences (Community Driving Licence) Regulations 1990 (No. 144).

(6)

S.I. 1990/2611.

(7)

S.I. 1987/1378; the relevant amending instruments are S.I. 1990/842 and 1396.