The Motor Vehicles (Driving Licences) Regulations 1999

Transitional provisions E+W+S

Effect of change in classification of vehicles for licensing purposes E+W+S

76.—(1) In a licence (whether full or provisional) granted before 1st January 1997, a reference to motor vehicles in an [F1 older] category shall be construed as a reference to motor vehicles in the new category corresponding thereto and a reference to motor vehicles of a class included in an [F1 older] category shall be construed as a reference to vehicles of the corresponding class included in the new category.

(2) Where a licence granted before 1st January 1997 authorises only the driving of a class of motor vehicles included in an [F1 older] category having automatic transmission, it shall authorise the driving of the corresponding class of vehicles in the new category having automatic transmission.

[F2 (2A) Subject to paragraphs (3C) to (3E), in a licence (whether full or provisional) granted before 19th January 2013, a reference to motor vehicles in an old category shall be construed as a reference to motor vehicles in the new category corresponding thereto and a reference to motor vehicles of a class included in an old category shall be construed as a reference to vehicles of the corresponding class included in the new category.]

(3) For the purposes of paragraphs (1) and (2), a reference in a licence to motor vehicles in an [F3 older] category (or a class included in that category) includes a reference in a licence granted before 1st June 1990 to a group or class of motor vehicles which is, by virtue of any enactment, to be construed as a reference to vehicles in the [F3 older] category (or a class included in that category).

[F4 (3C) Where a licence (whether full or provisional) granted before 19th January 2013 authorises the driving of—

(a) standard motor bicycles only, or

(b) standard motor bicycles and side-car combinations only,

any reference in that licence to motor vehicles in category A (save for those in sub-category A1) shall be construed in accordance with paragraph (3D).

(3D) A reference in a licence of the type referred to in paragraph (3C) granted before 19th January 2013 to motor vehicles in category A shall be construed as a reference—

(a) where the standard access period has not expired, to motor vehicles in sub-category A2; and

(b) where that period has expired, to motor vehicles in category A.

(3E) Paragraph (2A) shall not apply to a reference to vehicles in sub-category D1 in a licence granted before 1st January 1997.

(3F) Where a licence granted before 19th January 2013 authorises only the driving of a class of motor vehicles included in an old category having automatic transmission, it shall not under this regulation authorise the driving of any vehicle not having automatic transmission.]

(4) In this regulation—

• “old category" and “class included in an old category" mean respectively a category and a class of vehicles specified in [F5 column (2)] of the table at the end of this regulation,

• [F6 “older category” and “class included in an older category”, mean respectively a category and a class of vehicles specified in column (1) of the table at the end of this regulation,]

• [F7 “new category” and “class included in a new category”—

  (a)

  in relation to an old category, means respectively the category (or, as the case may be, the sub-category) and the class of vehicles specified in column (3) of the table as corresponding to the relevant old category or class included in that old category; and

     

  (b)

  in relation to an older category, means respectively the category (or, as the case may be, the sub-category) and the class of vehicles specified in column (3) of the table as corresponding to the relevant older category or class included in that older category,]

• “section 19 permit" means a permit granted under section 19 of the 1985 Act.

  TABLE

  [F8 (1) Older category or class	(2) Old category or class	(3) Corresponding new category or class
  	A (excluding A1)	A
  	A1	A1
  	B1	Motor tricycles in categories AM and A and light quadricycles in category AM
  B1, limited to invalid carriages		B1 (invalid carriages)
  	B	B
  B plus E		B + E
  	B+E	B + E
  	C1	C1
  C1 plus E		C1 + E (8.25 tonnes)
  	C	C
  C plus E		C+E
  C plus E, limited to drawbar trailer combinations only		Vehicles in category C+E which are drawbar trailer combinations
  D1		D1 (not for hire or reward)
  	D1	D1
  D1 plus E		D1 + E (not for hire or reward)
  	D1 + E	D1 + E
  D, limited to 16 seats		D1
  D, limited to vehicles not more than 5.5 metres in length		D1 and vehicles in category D not more than 5.5 metres in length
  D, limited to vehicles not driven for hire or reward		Vehicles in category D which are either driven while being used in accordance with a section 19 permit or, if not being so used, driven otherwise than for hire or reward
  	D	D
  D plus E		D + E
  	F	F
  	G	G
  	H	H
  	K	K
  	L	L
  	P	Q and AM]

Textual Amendments

F1 Word in reg. 76(1)(2) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 43(a)

F2 Reg. 76(2A) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 43(b)

F3 Word in reg. 76(3) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 43(c)

F4 Reg. 76(3C)-(3F) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 43(d)

F5 Words in reg. 76(4) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 43(e)(i)

F6 Words in reg. 76(4) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 43(e)(ii)

F7 Words in reg. 76(4) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 43(e)(iii)

F8 Reg. 76(4) Table substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 43(f)

Saving in respect of entitlement to Group M E+W+S

77.—(1) Where a person was authorised by virtue of regulations revoked by these Regulations (whether or not he is also the holder of a licence granted before 1st October 1982) to drive, or to apply for the grant of a licence authorising the driving of, vehicles of a class included in the former group M (trolley vehicles used for the carriage of passengers with more than 16 seats in addition to the driver’s seat), he shall continue to be so authorised and any licence granted to such a person shall be construed as authorising the driving of vehicles of that class.

(2) A person who is authorised to drive vehicles of a class included in the former group M shall, to the extent that he is so authorised, be deemed to be the holder of a Group 1 licence.

Saving in respect of entitlement to former category N E+W+S

78.—(1) Where on 31st December 1996 a person was, by virtue of regulations then in force, the holder of, or entitled to apply for the grant of, a licence authorising the driving of vehicles included in—

(a) the former category N (vehicles exempt from vehicle excise duty under section 7(1) of the Vehicles (Excise) Act 1971) alone, or

(b) category F or A and the former category N,

the Secretary of State may, notwithstanding anything otherwise contained in these Regulations, grant to such a person a licence authorising the driving of vehicles in the former category N (with or without vehicles in either or both of the other categories as the case may be) and a person holding such a licence shall be authorised to drive such vehicles.

(2) Where on 31st December 1996 a person was the holder of, or entitled to apply for the grant of, a licence authorising the driving of vehicles included in category B and the former category N, he shall continue to be authorised to drive vehicles in that former category and any licence granted to such a person authorising the driving of vehicles included in category B shall be construed as authorising also the driving of vehicles in that former category.

Saving in respect of entitlement to drive mobile project vehicles E+W+S

79.  In relation to a person who was at a time before 1st January 1997 the holder of a licence authorising the driving of vehicles of a class included in category B (except a licence authorising only the driving of vehicles included in [F9 former sub-category B1 or sub-category] or B1 (invalid carriages)), regulation 7(5) shall apply as if paragraphs (b) and (c) and the words “on behalf of a non-commercial body" were omitted.

Textual Amendments

F9 Words in reg. 79 substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 44

[F10 Saving in respect of former category and sub-category E+W+S

79A.   Where a person holds a full licence granted before 19th January 2013 authorising the driving of, or is entitled to apply for the grant of a full licence authorising the driving of, vehicles of a class within the category or sub-category referred to in column (1) of Part 4 of Schedule 2—

(a) that person is authorised to drive, or entitled to apply for the grant of a licence authorising the driving of (as the case may be), vehicles of the relevant class referred to in column (2) of Part 4 of Schedule 2 which corresponds to that category or sub-category, as appropriate, in column (1); and

(b) the licence granted to that person shall be construed as authorising the driving of vehicles of that class.]

Textual Amendments

F10 Reg. 79A inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 45