The Motor Vehicles (Driving Licences) Regulations 1999

Meaning of “qualified driver" E+W+S

17.—(1) Subject to paragraph (2), a person is a qualified driver for the purposes of regulation 16 if he—

(a) is 21 years of age or over,

(b) holds a relevant licence,

(c) has the relevant driving experience, and

(d) in the case of a disabled driver, he is supervising a provisional licence holder who is driving a vehicle of a class included in [F1 categories B, C, D, C+E, or D+E] and would in an emergency be able to take control of the steering and braking functions of the vehicle in which he is a passenger.

(2) In the case of a person who is a member of the armed forces of the Crown acting in the course of his duties for naval, military or air force purposes sub-paragraphs (a) and (c) of paragraph (1) shall not apply.

(3) For the purposes of this regulation—

(a) “disabled driver" means a person who holds a relevant licence which is limited by virtue of a declaration made with his application for the licence or a notice served under section 92(5)(b) of the Traffic Act to vehicles of a particular class;

(b) “full licence" includes a full Northern Ireland licence and a Community licence;

(c) “relevant licence" means—

[F2 (i) in the case of a disabled driver, a full licence authorising the driving of a class of vehicles in the same category as the provisional licence holder whose driving the disabled driver is supervising provided that, in the case of a licence authorising the driving of vehicles in category B, that licence authorises the driving of vehicles other than vehicles in sub-category B1 or B1 (invalid carriages), and]

(ii) in any other case, a full licence authorising the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder;

(d) a person has relevant driving experience if he satisfies either of the following requirements—

[F3 (i) he holds a full licence for the minimum period of time specified in column 2 of the table at the end of this regulation opposite the category in column 1 of that table which includes the vehicle that is being driven by the provisional licence holder whom that person is supervising, or]

(ii) he is supervising a provisional licence holder driving a vehicle in category C, D, C+E or D+E, held the relevant licence on 6th April 1998, has held it continuously since that date and has held a full licence authorising the driving of vehicles in category B for a continuous period of not less than 3 years or for periods amounting in aggregate to not less than 3 years; and

[F4 (e) for the purposes of sub-paragraph (d)(i), a person may meet the requirement for holding a full licence for a minimum period of time either by holding that licence continuously for that period or for periods amounting in aggregate to not less than that period; and

(f) for the purposes of sub-paragraph (d)(ii), a person shall be regarded as holding a relevant licence during any period in which he holds both a provisional licence and a valid test pass certificate entitling him to a full licence authorising the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder.

TABLE

Column (1) Category which includes the vehicle being driven by the provisional licence holder	Column( 2) Minimum period for holding a full licence
C	3 years for C; or 1 year for C and 2 years for D
C1	3 years for C1; or 1 year for C1 and 2 years for D1
C+E	3 years for C+E; or 1 year for C+E and 2 years for D+E
C1+E	3 years for C1+E; or 1 year for C1+E and 2 years for D1+E
D	3 years for D; or 1 year for D and 2 years for C
D1	3 years for D1; or 1 year for D1 and 2 years for C1
D+E	3 years for D+E; or 1 year for D+E and 2 years for C+E
D1+E	3 years for D1+E; or 1 year for D1+E and 2 years for C1+E]

Textual Amendments

F1 Words in reg. 17(1)(d) substituted (1.11.2005) by The Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005 (S.I. 2005/2717), regs. 1, 3(2)

F2 Reg. 17(3)(c)(i) substituted (1.11.2005) by The Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005 (S.I. 2005/2717), regs. 1, 3(3)

F3 Reg. 17(3)(d)(i) substituted (1.11.2005) by The Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005 (S.I. 2005/2717), regs. 1, 3(4)

F4 Reg. 17(3)(e)(f) and Table substituted for reg. 17(3)(e) (1.11.2005) by The Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005 (S.I. 2005/2717), regs. 1, 3(5)