EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make further provision to implement Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences. They amend the Road Traffic Offenders Act 1988 (“RTOA”) and the Motor Vehicles (Driving Licences) Regulations 1999 (“the 1999 Regulations”).
Regulation 2 amends the RTOA to entitle a Community licence holder, who is disqualified from driving pursuant to section 36 of RTOA, to drive a motor vehicle subject to the same conditions as if that person were so authorised by a provisional licence.
Regulation 3 amends the definition of “appropriate licence” in the 1999 Regulations. Following these changes, a person who is disqualified from driving under section 36 of the RTOA will be entitled to use a Community licence to demonstrate their eligibility to take a driving test.
Regulation 3 also requires the Secretary of State to review regulations 37 to 39 of the 1999 regulations and publish a report by the 4th January 2021 and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them.
An Impact Assessment has not been produced for this instrument as no adverse impact on the private or voluntary sector is foreseen. An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.
The Directive referred to above can be found at http://eur-lex.europa.eu.