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PART VIIE+W+S SUPPLEMENTARY

MiscellaneousE+W+S

Persons who become resident in Great BritainE+W+S

80.—(1) A person who becomes resident in Great Britain who is—

(a)the holder of a relevant permit, and

(b)not disqualified for holding or obtaining a licence in Great Britain

shall, during the period of one year after he becomes so resident, be treated for the purposes of section 87 of the Traffic Act as the holder of a licence authorising him to drive all classes of small vehicle, motor bicycle or moped which he is authorised to drive by that permit.

(2) A person who becomes resident in Great Britain who is—

(a)the holder of a British external licence granted in the [F1Isle of Man, Jersey or Guernsey] authorising the driving of [F2large and medium-sized goods vehicles] of any class, and

(b)not disqualified for holding or obtaining a licence in Great Britain

shall, during the period of one year after he becomes so resident, be treated for the purposes of section 87 of the Traffic Act as the holder of a licence authorising him to drive [F2large and medium-sized goods vehicles] of all classes which he is authorised to drive by that licence.

(3) A person who becomes resident in Great Britain who is—

(a)the holder of a British external licence granted in the [F3Isle of Man, Jersey or Guernsey] authorising the driving of passenger-carrying vehicles of any class, and

(b)not disqualified for holding or obtaining a licence in Great Britain

shall, during the period of one year after he becomes so resident, be treated for the purposes of section 87 of the Traffic Act as the holder of a licence authorising him to drive passenger-carrying vehicles of all classes which he is authorised to drive by that licence.

(4) The enactments mentioned in paragraph (5) shall apply in relation to—

(a)holders of relevant permits and holders of British external licences of the classes mentioned in paragraphs (2) and (3), or

(b)(as the case may be) those licences and permits,

with the modifications contained in paragraph (5).

(5) The modifications referred to in paragraph (4) are that—

(a)section 7 of the Offenders Act F4 shall apply as if—

(i)the references to a licence were references to a relevant permit or a British external licence, and

(ii)the words after paragraph (c) thereof were omitted;

(b)section 27(1) and (3) of the Offenders Act F5 shall apply as if—

(i)the references to a licence were references to a relevant permit or a British external licence,

F6(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)in subsection (3) the words “, unless he satisfies the Court that he has applied for a new licence and has not received it" were omitted;

F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)section 47 of the Offenders Act shall apply as if for subsection (2) F8 there were substituted—

“(2) Where a court orders the holder of a relevant permit or a British external licence to be disqualified it must send the permit or the licence, on its being produced to the court, to the Secretary of State who shall keep it until the disqualification has expired or been removed or the person entitled to it leaves Great Britain and in any case has made a demand in writing for its return to him.

“Relevant permit" has the meaning given by regulation 80 of the Motor Vehicles (Driving Licences) Regulations 1999.”;

(e)section 164(1), (6) and (8) of the Traffic Act F9 shall apply as if the references therein to a licence were references to a relevant permit or a British external licence F10...; and

(f)section 173 of the Traffic Act F11 shall apply as if after paragraph (aa) there were added—

“(ab)a relevant permit (within the meaning of regulation 80 of the Motor Vehicles (Driving Licences) Regulations 1999,

(ac)a British external licence,”.

(6) In this regulation “relevant permit" means—

(i)a “domestic driving permit",

(ii)a “Convention driving permit", or

(iii)a “British Forces (BFG) driving licence",

within the meaning of article 2(7)—of the Motor Vehicles (International Circulation) Order 1975 F12 which is—

(a)for the time being valid for the purposes for which it was issued, and

(b)is not a domestic driving permit or a British Forces (BFG) driving licence in respect of which any order made, or having effect as if made, by the Secretary of State is for the time being in force under article 2(6) of that Order.

Textual Amendments

F4The relevant amendment is by the 1991 Act, Schedule 4, paragraph 83.

F5The relevant amendments are by the 1990 Regulations and the 1991 Act, Schedule 4, paragraph 91.

F8Section 47(2) was amended by the 1990 Regulations and the 1991 Act, Schedule 4, paragraph 100.

F9The relevant amendments are by the 1990 Regulations and the 1991 Act, Schedule 4, paragraph 68, and Schedule 8.

F11The relevant amendment is by the 1996 Regulations.

[F13Modification of regulation 80: Appendix Ukraine SchemeE+W+S

80A.—(1) This regulation applies in respect of a person who—

(a)has entry clearance or permission to stay under the Appendix Ukraine Scheme to the Immigration Rules, and

(b)is the holder of a relevant permit within the meaning given by regulation 80(6) which was issued under the law of Ukraine.

(2) Where this regulation applies, regulation 80(1) has effect as if the reference to the period of one year after a person becomes resident in Great Britain were to the period of three years after that person becomes resident.]

Textual Amendments

[F14Modification of regulation 80 and further enactments relating to licences in respect of certain licences issued in EEA States E+W+S

80B.—(1) This regulation applies in respect of a person—

(a)who is the holder of a relevant permit within the meaning given by regulation 80(6)(i), and

(b)where conditions A and B are satisfied.

(2) Condition A is that the relevant permit was issued—

(a)in an EEA State, and

(b)in exchange for a licence or a Northern Ireland licence.

(3) Condition B is that the licence or Northern Ireland licence, as the case may be, referred to in paragraph (2)—

(a)was issued on or after 1st January 2021, and

(b)was not issued—

(i)as a renewal or replacement of, or in exchange for, another licence, or Northern Ireland licence, issued before 1st January 2021, or

(ii)in exchange for a relevant permit within the meaning given by regulation 80(6) issued in relation to a country outside of the United Kingdom.

(4) Where this regulation applies, regulation 80 (persons who become resident in Great Britain) has effect subject to the modifications in paragraph (5).

(5) Regulation 80 is to be read as if—

(a)in paragraph (1)—

(i)the reference to the period of one year after a person becomes resident in Great Britain were a reference to the period for which that person is authorised to drive by that relevant permit after they become resident, and

(ii)the reference to all classes of small vehicle, motor bicycle or moped were a reference to a motor vehicle, and

(b)paragraphs (4) and (5) were omitted.

(6) Where this regulation applies, references in any enactment relating to licences to a Community licence, or the holder of a Community licence, have effect as if they also included a reference to the relevant permit described in paragraph (1), or the holder of such a relevant permit, as the case may be.]

Textual Amendments

Service personnelE+W+S

81.  [F15A traffic commissioner] is hereby prescribed for the purposes of section 183(6) of the Traffic Act (discharge of Part IV functions in relation to HM Forces).

Textual Amendments

Northern Ireland licencesE+W+S

82.—F16(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purposes of section 122(4) of the Traffic Act, the magistrates’ court or sheriff to whom an appeal shall lie by the holder of a Northern Ireland licence, being a person who is not resident in Great Britain and who is aggrieved by the suspension or revocation of the licence or by the ordering of disqualification for holding or obtaining a licence, shall be—

(a)such a magistrates’ court or sheriff as he may nominate at the time he makes the appeal; or

[F17(b)if a particular court is not nominated under sub-paragraph (a), the Carlisle Combined Court Centre.]

Textual Amendments

Statement of date of birthE+W+S

83.—(1) The circumstances in which a person specified in section 164(2) of the Traffic Act shall, on being required by a police constable, state his date of birth are—

(a)where that person fails to produce forthwith for examination his licence on being required to do so by a police constable under that section; or

(b)where, on being so required, that person produces a licence—

(i)which the police constable in question has reason to suspect was not granted to that person, was granted to that person in error or contains an alteration in the particulars entered on the licence (other than as described in paragraph (ii)) made with intent to deceive; or

(ii)in which the driver number has been altered, removed or defaced;

(c)where that person is a person specified in subsection (1)(d) of that section and the police constable has reason to suspect that he is under 21 years of age.

(2) In paragraph (1), “driver number" means the number described as the driver number in the licence.