The Motor Vehicles (Driving Licences) Regulations 1999

Minimum ages for holding or obtaining licences E+W+S

Minimum ages for holding or obtaining licences E+W+S

9.—(1) Subsection (1) of section 101 of the Traffic Act shall have effect as if for the classes of vehicle and the ages specified in the Table in that subsection there were substituted classes of vehicle and ages in accordance with the following provisions of this regulation.

[F1 (1A) In item 2 (moped), for the class of moped there is substituted the classes of a vehicle in category AM (moped and light quadricycle) and a category Q vehicle.]

[F2 (2) In item 3 (motor bicycle)—

(a) subject to paragraphs (2A) to (2F), for the class of motor bicycle and the age of 17 there is substituted, in respect of full licences, the following—

3(1) A1 motorcycle or A1 motor tricycle	17
3(2) A2 motorcycle	19
3(3) A3 motorcycle	24
3A A3 motor tricycle	24

(b) subject to paragraph (2G), in relation to the class of motor bicycle there is, in respect of provisional licences, substituted for the age of 17 the age of 24.]

[F3 (2A) For the age of 17 in relation to item 3(1) in the table in paragraph (2)(a) there is substituted the age of 16 in the case of a person holding a Community licence authorising the driving of vehicles in sub-category A1.

(2B) For the age of 19 in relation to item 3(2) in the table in paragraph 2(a) there is substituted the age of 18 in the case of a person holding a Community licence authorising the driving of vehicles in sub-category A2.

(2C) For the age of 19 in relation to item 3(2) and the age of 24 in relation to item 3(3) in the table in paragraph 2(a) there is substituted the age of 17 where a person passed a test before 19th January 2013 in respect of a motor bicycle (other than a motor bicycle with an engine the maximum net power output of which is 11 kilowatts or less) and the standard access period has expired.

(2D) For the age of 19 in relation to item 3(2) in the table in paragraph 2(a) there is substituted the age of 17 in a case where the vehicle is—

(a) owned or operated by the Secretary of State for Defence, or

(b) being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown,

and is being used for naval, military or air force purposes.

(2E) For the age of 24 in relation to item 3(3) in the table in paragraph 2(a) there is substituted—

(a) the age of 21 in a case where a person has, for a period of not less than two years, held a full licence which authorises the driving of A2 motorcycles;

(b) the age of 20 in the case of a person holding a Community licence authorising the driving of vehicles in sub-category A3; and

(c) the age of 17 in a case where—

(i) the vehicle is being used for naval, military or air force purposes and is—

(aa) owned or operated by the Secretary of State for Defence; or

(bb) being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown; or

(ii) a person—

(aa) passes an appropriate driving test after 18th January 2013 on a vehicle of a class in category B or sub-category A2 or A3; and

(bb) was entitled, before 19th January 2013, to a licence to drive a motor bicycle with an engine having a maximum net power output exceeding 25 kilowatts or a power to weight ratio exceeding [F4 0.16] kilowatts per kilogram.

(2F) For the age of 24 in relation to item 3A in the table in paragraph 2(a) there is substituted—

(a) the age of 21 in a case where a person has, for a period of not less than two years, held a full licence which authorises the driving of A2 motorcycles;

(b) the age of 17 in a case where—

(i) the vehicle is—

(aa) owned or operated by the Secretary of State for Defence, or

(bb) being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown,

and is being used for naval, military or air force purposes; or

(ii) the person was, before 19th January 2013, entitled to drive vehicles having three or four wheels and an unladen weight not exceeding 550 kilograms.

(2G) For the age of 24 as substituted by paragraph 2(b) there is substituted—

(a) the age of 21 in the case of a provisional licence for the driving of A3 motorcycles where a person has, for a period of not less than two years, held a full licence which authorises the driving of A2 motorcycles;

(b) the age of 19 in the case of a provisional licence which is restricted to the driving of A2 motorcycles;

(c) the age of 17 where a person has passed a test before 19th January 2013 in respect of a motor bicycle (other than a motor bicycle with an engine the maximum net power output of which is 11 kilowatts or less) and the standard access period has expired;

(d) the age of 17 in the case of a provisional licence which is restricted to the driving of A1 motorcycles; and

(e) the age of 17 in a case where the vehicle is—

(i) owned or operated by the Secretary of State for Defence; or

(ii) being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown,

and is being used for naval, military or air force purposes.]

(3) In item 4 (agricultural and forestry tractors), in the case of an agricultural or forestry tractor which—

(a) is so constructed that the whole of its weight is transmitted to the road surface by means of wheels,

(b) has an overall width not exceeding 2.45 metres, and

(c) is driven either—

(i) without a trailer attached to it, or

(ii) with a trailer which has an overall width not exceeding 2.45 metres and is either a two-wheeled or close-coupled four-wheeled trailer,

the age of 16 is substituted for the age of 17 in the case of a person who has passed a test prescribed in respect of category F, or is proceeding to, taking or returning from, such a test.

[F5 (3A) In item 5 (small vehicle) the class of small vehicles except motor tricycles and light quadricycles is substituted for the class of small vehicle.]

[F6 (4) In item 5, the age of 16 is substituted for the age of 17 in the case of a small vehicle driven without a trailer attached where the driver of the vehicle is a person —

(a) who fulfils the requirements set out in paragraph (4A); F7 ...

[F8 (aa) who fulfils the requirements set out in paragraph (4B); or]

(b) who is in receipt of personal independence payment under Part 4 of the Welfare Reform Act 2012 which includes the mobility component at the enhanced rate in pursuance of section 79 of that Act [F9 ; or]]

[F10 (c) who is in receipt of disability assistance for working age people which includes the mobility component at the enhanced rate in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018.]

[F11 (4A) The requirements referred to in paragraph (4)(a) are—

(a) the person has received an award of the higher rate component of the disability living allowance made in pursuance of section 73 of the Social Security Contributions and Benefits Act 1992; and

(b) the award mentioned in sub-paragraph (a) was in force immediately before the 16th birthday of that person; and

(c) the person has made a claim for personal independence payment under Part 4 of the Welfare Reform Act 2012.]

[F12 (4B) The requirements referred to in paragraph (4)(aa) are—

(a) the person has received an award of the mobility component of disability assistance for children and young people, at the higher rate, in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018, and

(b) the award mentioned in sub-paragraph (a) was in force immediately before the 16th birthday of that person.]

F13 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15 (7) In item 7, the age of 18 is substituted for the age of 21 in relation to a motor vehicle of a class included in category C or C+E where the person driving the vehicle —

(a) has an initial qualification authorising him to drive motor vehicles of that class,

(b) is using the vehicle as described in regulation 3(2)(e) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007,

(c) is authorised by such document as is referred to in regulation 4(5)(d) of those Regulations to drive motor vehicles of that class, or

(d) by reason of being a person in relation to whom regulation 4(7) of those Regulations applies, is not required to have an initial qualification as described in sub-paragraph (a).]

[F16 (8) In item 7, the age of 18 is substituted for the age of 21 in relation to a motor vehicle of a class included in category C or C+E where the vehicle is being used by the fire service or for maintaining public order or is undergoing road tests for repair or maintenance purposes.

(8A) In item 7, the age of 18 is substituted for the age of 21 in the case of a motor vehicle and trailer combination which is in sub-category C1+E and the maximum authorised mass of the combination does not exceed 12 tonnes.

(8B) Subject to paragraphs (9) and (9B), in item 7 the age of 24 is substituted for the age of 21 in relation to a motor vehicle of a class included in category D or D+E, other than sub-category D1 or D1+E, save—

(a) where the vehicle is being used by the fire service or for maintaining public order or is undergoing road tests for repair or maintenance purposes; or

(b) in respect of a person under the age of 24 who was entitled to a licence to drive a vehicle of that class before 19th January 2013.]

[F17 (9) In item 7, the age of 18 is substituted for the age of 21 in relation to a motor vehicle of a class included in category D or D+E, other than sub-category D1 or D1+E, where the person driving the vehicle —

(a) has an initial qualification authorising him to drive motor vehicles of that class and is either —

(i) engaged in the carriage of passengers on a regular service over a route which does not exceed 50 kilometres, or

(ii) not engaged in the carriage of passengers,

(b) is using the vehicle as described in regulation 3(2)(e) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007,

(c) is authorised by such document as is referred to in regulation 4(5)(d) of those Regulations to drive motor vehicles of that class, or

(d) by reason of being a person in relation to whom regulation 4(7) of those Regulations applies, is not required to have an initial qualification relating to motor vehicles of that class.

(9A) In item 7, the age of 18 is substituted for the age of 21 in relation to a motor vehicle of a class included in sub-category D1 or D1+E where the person driving the vehicle —

(a) has an initial qualification authorising him to drive motor vehicles of that class,

(b) is using the vehicle as described in regulation 3(2)(e) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007,

(c) is authorised by such document as is referred to in regulation 4(5)(d) of those Regulations to drive motor vehicles of that class, or

(d) by reason of being a person to whom regulation 4(7) of those Regulations applies, is not required to have an initial qualification relating to motor vehicles of that class.

(9B) In item 7, the age of 20 is substituted for the age of 21 in relation to a motor vehicle of a class include in category D or D+E, other than sub-category D1 or D1+E, where the person driving the vehicle —

(a) has an initial qualification authorising him to drive motor vehicles of that class, and

(b) is engaged in the carriage of passengers otherwise than on such a service as is described in paragraph (9)(a)(i).]

(10) In items 6 and 7, the age of 17 is substituted for the ages of 18 and 21 respectively in the case of—

(a) motor vehicles owned or operated by the Secretary of State for Defence, or

(b) motor vehicles driven by persons for the time being subject to the orders of a member of the armed forces of the Crown,

when they are being used for naval, military or air force purposes.

(11) In item 7, in the case of an incomplete large vehicle—

(a) which has a working weight not exceeding 3.5 tonnes, the age of 17 is substituted for the age of 21;

(b) which has a working weight exceeding 3.5 tonnes but not exceeding 7.5 tonnes, the age of 18 is substituted for the age of 21.

(12) In item 7, the age of 17 is substituted for the age of 21 in the case of a road roller which—

(a) is propelled otherwise than by steam,

(b) has no wheel fitted with pneumatic, soft or elastic tyres,

(c) has an unladen weight not exceeding 11.69 tonnes, and

(d) is not constructed or adapted for the conveyance of a load other than the following things, namely water, fuel or accumulators used for the purpose of the supply of power to or propulsion of the vehicle, loose tools and objects specially designed to be attached to the vehicle for the purpose of temporarily increasing its weight.

(13) In this regulation—

(a) for the purposes of paragraph (3)—

(i) any implement fitted to a tractor shall be deemed to form part of the tractor notwithstanding that it is not a permanent or essentially permanent fixture,

(ii) “closed-coupled", in relation to wheels on the same side of a trailer, means fitted so that at all times while the trailer is in motion the wheels remain parallel to the longitudinal axis of the trailer and that the distance between the centres of their respective areas of contact with the road surface does not exceed 840 millimetres, and

(iii) “overall width", in relation to a vehicle, means the width of the vehicle measured between vertical planes parallel to the longitudinal axis of the vehicle and passing through the extreme projecting points thereof exclusive of any driving mirror and so much of the distortion of any tyre as is caused by the weight of the vehicle;

F18 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19 (d) in paragraphs (7), (9), (9A) and (9B), “initial qualification” means “initial CPC or Swiss initial CPC” within the meaning of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007;]

F20 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F21 ; and

(f) in the calculation of the period of time for which a licence has been held there shall be disregarded any deductible period.]

Textual Amendments

F1 Reg. 9(1A) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 8(a)

F2 Reg. 9(2) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 8(b)

F3 Reg. 9(2A)-(2G) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 8(c)

F4 Word in reg. 9(2E)(c)(ii)(bb) substituted (10.4.2014) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2014 (S.I. 2014/613), regs. 1, 4

F5 Reg. 9(3A) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 8(d)

F6 Reg. 9(4) substituted (7.10.2013) by The Motor Vehicles (Driving Licences) (Amendment) (No.3) Regulations 2013 (S.I. 2013/2184), regs. 1(2), 2(2)

F7 Word in reg. 9(4)(a) omitted (22.11.2021) by virtue of The Social Security (Scotland) Act 2018 (Information-Sharing and Disability Assistance) (Consequential Provision and Modifications) Order 2021 (S.I. 2021/1188), arts. 1(2), 5(2)(a)

F8 Reg. 9(4)(aa) inserted (22.11.2021) by The Social Security (Scotland) Act 2018 (Information-Sharing and Disability Assistance) (Consequential Provision and Modifications) Order 2021 (S.I. 2021/1188), arts. 1(2), 5(2)(b)

F9 Word in reg. 9(4)(b) substituted (21.3.2022) by The Social Security (Scotland) Act 2018 (Disability Assistance and Information-Sharing) (Consequential Provision and Modifications) Order 2022 (S.I. 2022/332), arts. 1(2), 8(2)(a)

F10 Reg. 9(4)(c) inserted (21.3.2022) by The Social Security (Scotland) Act 2018 (Disability Assistance and Information-Sharing) (Consequential Provision and Modifications) Order 2022 (S.I. 2022/332), arts. 1(2), 8(2)(b)

F11 Reg. 9(4A) inserted (7.10.2013) by The Motor Vehicles (Driving Licences) (Amendment) (No.3) Regulations 2013 (S.I. 2013/2184), regs. 1(2), 2(3)

F12 Reg. 9(4B) inserted (22.11.2021) by The Social Security (Scotland) Act 2018 (Information-Sharing and Disability Assistance) (Consequential Provision and Modifications) Order 2021 (S.I. 2021/1188), arts. 1(2), 5(2)(c)

F13 Reg. 9(5) omitted (10.9.2009) by virtue of The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (S.I. 2007/605), regs. 1(2)(b), 15(2)

F14 Reg. 9(6) omitted (19.1.2013) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 8(f)

F15 Reg. 9(7)(8) substituted for reg. 9(7) (10.9.2009) by The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (S.I. 2007/605), regs. 1(2)(b), 15(3)

F16 Reg. 9(8)(8A)(8B) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 8(g)

F17 Reg. 9(9)-(9B) substituted for reg. 9(9) (10.9.2008) by The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (S.I. 2007/605), regs. 1(2)(b), 15(4)

F18 Reg. 9(13)(b)(c) omitted (10.9.2008 for specified purposes, 10.9.2009 in so far as not already in force) by virtue of The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (S.I. 2007/605), regs. 1(2)(b), 15(5)

F19 Reg. 9(13)(d) substituted (31.12.2020) by The Driving Licences (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1251), regs. 1(2), 6(3)(a) (as amended by S.I. 2020/662, regs. 1, 3(3)); 2020 c. 1, Sch. 5 para. 1(1)

F20 Reg. 9(13)(e) omitted (31.12.2020) by virtue of The Driving Licences (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1251), regs. 1(2), 6(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F21 Reg. 9(13)(f) and word inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 8(h)