Meaning of “qualified driver”13A

1

Subject to paragraph (3), a person is a qualified driver for the purposes of regulation 15 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 category B 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

For the purposes of this regulation–

a

“disabled driver” means a person who holds a relevant licence which is limited by virtue of a notice served under section 92(5)(b) of the Traffic Act4 to vehicles of a particular class;

b

“full licence” includes a full Northern Ireland licence and a Community licence;

c

“relevant licence” means–

i

in the case of a disabled driver, a full licence authorising the driving of a class of vehicles in category B 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; and

d

a person has relevant driving experience if–

i

in the case of a person supervising a provisional licence holder who is driving a vehicle in category C, D, C+E or D+E, he held the relevant licence on 6th April 1998 and has held it continuously since that date and he has also 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

ii

in any other case, he has held the relevant licence for a continuous period of not less than 3 years or for periods amounting in aggregate to not less than 3 years.

3

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.