The Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 1997

Regulation 7

SCHEDULE 1 PROVISIONS INSERTED IN SUBSTITUTION FOR REGULATION 6

“Competence to drive classes of vehicle

6.— (1) Where a person holds, or has held, a relevant full licence authorising him to drive vehicles of a class included in any category or, as the case may be, sub-category he is deemed competent to drive—

(a) vehicles of all classes included in that category or sub-category unless by that licence he is or was authorised to drive—

(i) only motor vehicles of a specified class within that category or sub-category, in which case he shall be deemed competent to drive only vehicles of that class, or

(ii) only motor vehicles adapted on account of a disability, in which case he shall be deemed competent to drive only such classes of vehicle included in that category or sub-category as are so adapted (and for the purposes of this paragraph, a motor bicycle with a side-car may be treated in an appropriate case as a motor vehicle adapted on account of a disability),

and

(b) all classes of vehicle included in any other category or sub-category which is specified in column (3) of Schedule 2 as an additional category or sub-category in relation to that category or sub-category unless by that licence he is or was authorised to drive—

(i) only motor vehicles having automatic transmission, in which case he shall, subject to paragraph (2), be deemed competent to drive only such classes of motor vehicle included in the additional category or sub-category as have automatic transmission, or

(ii) only motor vehicles adapted on account of a disability, in which case he shall be deemed competent to drive only such classes of vehicle included in the additional category or sub-category as are so adapted.

(2) Where the additional category is F, K or P, paragraph (1)(b)(i) shall not apply.

(3) A person who has held, for a period of at least two years, a relevant full licence authorising the driving of vehicles included in category C, other than vehicles included in sub-category C1, may also drive a motor vehicle of a class included in category D which is—

(a) damaged or defective and being driven to a place of repair or being road tested following repair, and

(b) is not used for the carriage of any person who is not connected with its repair or road testing,

unless by that licence he is authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only such of the vehicles mentioned in sub-paragraphs (a) and (b) as have automatic transmission.

(4) A person who holds a relevant full licence authorising the driving of vehicles included in category C, other than vehicles included in sub-category C1, may drive a dual purpose vehicle if—

(a) he is a member of the armed forces of the Crown, and

(b) the vehicle is—

(i) adapted to carry not more than 24 persons in addition to the driver, and

(ii) used to carry passengers for naval, military or air force purposes.

(5) A person who holds a relevant full licence authorising the driving of vehicles included in category D, other than vehicles included in sub-category D1 or D1 (not for hire and reward), may drive a passenger-carrying vehicle recovery vehicle unless by that licence he is authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only passenger-carrying vehicle recovery vehicles having automatic transmission.

(6) A person who holds a relevant full licence authorising the driving of vehicles included in category B, other than vehicles in sub-category B1 or B1 (invalid carriages), may drive an incomplete large vehicle unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only incomplete large vehicles having automatic transmission.

(7) A person who holds a relevant full licence authorising the driving of vehicles included in category B, other than vehicles in sub-category B1 and B1 (invalid carriages), may drive—

(a) an exempted goods vehicle other than—

(i) a passenger-carrying vehicle recovery vehicle, or

(ii) a mobile project vehicle,

(b) an exempted military vehicle, and

(c) a passenger-carrying vehicle in respect of which the conditions specified in regulation 47(2) or (2A) are satisfied,

unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only such of the vehicles mentioned in sub-paragraphs (a), (b) and (c) as have automatic transmission.

(8) A person who—

(a) holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in sub-category B1 or B1 (invalid carriages),

(b) has held that licence for an aggregate period of not less than 2 years, and

(c) is aged 21 or over,

may drive a mobile project vehicle on behalf of a non-commercial body—

(i) to or from the place where the equipment it carries is to be, or has been, used, or the display or exhibition is to be, or has been, mounted, or

(ii) to or from the place where a mechanical defect in the vehicle is to be, or has been, remedied, or

(iii) in such circumstances that by virtue of paragraph 22 of Schedule 2 to the Vehicle Excise and Registration Act 1994(1)the vehicle is not chargeable with duty in respect of its use on public roads,

unless by that licence he is authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only mobile project vehicles having automatic transmission.

(9) A person who—

(a) holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in sub-category B1 or B1 (invalid carriages),

(b) has held that licence for an aggregate period of not less than 2 years,

(c) is aged 21 or over, and

(d) receives no consideration for so doing, other than out-of pocket expenses,

may drive, on behalf of a non-commercial body for social purposes but not for hire or reward, a vehicle of a class included in sub-category D1 which has no trailer attached and has a maximum authorised mass—

(i) not exceeding 3.5 tonnes, excluding any part of that weight which is attributable to specialised equipment intended for the carriage of disabled passengers, and

(ii) not exceeding 4.25 tonnes otherwise,

unless such a person is by that licence authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only such vehicles in sub-category D1 as conform to the above specification and have automatic transmission.

(10) A person who holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in sub-category B1 or B1 (invalid carriages), may drive a vehicle of a class included in category B+E where—

(a) the trailer consists of a vehicle which is damaged or defective and is likely to represent a road safety hazard or obstruction to other road users,

(b) the vehicle is driven only so far as is reasonably necessary in the circumstances to remove the hazard or obstruction, and

(c) he receives no consideration for driving the vehicle,

unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive, in the circumstances mentioned above, only vehicles included in category B+E having automatic transmission.

(11) In this Regulation, “relevant full licence” means a full licence granted under Part III of the Traffic Act, a Northern Ireland licence corresponding to such a licence or a Community licence.”

(1)

1994 c. 22.