Statutory Instrument 1998 No. 20

The Motor Vehicles (Driving Licences) (Amendment) Regulations 1998

(The document as of February, 2008. Arhiv.Online Library)

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STATUTORY INSTRUMENTS

1998 No. 20

ROAD TRAFFIC

The Motor Vehicles (Driving Licences) (Amendment) Regulations 1998

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	Made	8th January 1998
	Laid before Parliament	9th January 1998
	Coming into force
	except for regulations 11 and 20	31st January 1998
	regulations 11 and 20	1st April 1998

The Secretary of State for Transport, in exercise of the powers conferred by sections 88(5) and (6)[1], 89(3), (5) and (7)[2], 97(3) and (3A)[3], 101(2) and (3), 105[4], 108(1)[5], 114(1)[6], 115(1) and (3)[7], 115A(1)[8], 117(1) and (2A)[9], 120 and 192(1)[10] of the Road Traffic Act 1988[11], after consulting with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations: - 

    1.These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 1998 and shall come into force - 

(a) for all purposes except those of regulations 11 and 20 on 31st January 1998, and

(b) for the purposes of regulations 11 and 20 on 1st April 1998.

    2.The Motor Vehicles (Driving Licences) Regulations 1996[12] shall be further amended in accordance with the following regulations.

    3.In regulation 3(1), in the definition of "unladen weight", for the words from "in the case of" to the end there shall be substituted "in the case of a road roller, includes the weight of any object for the time being attached to the vehicle, being an object specially designed to be so attached for the purpose of temporarily increasing the vehicle's weight".

    4. - (1) Regulation 7 shall be amended as follows.

    (2) In paragraph (2) - 

(a) in sub-paragraph (a) - 


(i) after the words "passed a test" there shall be inserted "on or after 1st January 1997", and

(ii) at the end the word "and" shall be omitted;



(b) at the end, there shall be inserted



    " and


(c) the case of a person who has before 1st January 1997 passed a test for a licence authorising the driving of a large motor bicycle".

    (3) In paragraph (6), for the words "small passenger-carrying vehicle" there shall be substituted "vehicle of a class included in sub-category D1".

    (4) After paragraph (10A) there shall be inserted - 

    " (10B) In item 7, the age of 17 is substituted for the age of 21 in the case of a road roller which - 


(a) is propelled otherwise than by steam,

(b) has no wheel fitted with pneumatic, soft or elastic tyres,

(c) has an unladen weight not exceeding 11.69 tonnes, and

(d) is not constructed or adapted for the conveyance of a load other than the following things, namely water, fuel or accumulators used for the purpose of the supply of power to or propulsion of the vehicle, loose tools and objects specially designed to be attached to the vehicle for the purpose of temporarily increasing its weight.".

    5.In regulation 8(4)(b), after the words "Northern Ireland", in both places where they occur, there shall be inserted "or the law of Gibraltar".

    6.In regulation 10, at the end, there shall be inserted - 

    " (4) An applicant for a large goods vehicle driver's licence who is a member of the armed forces and is under the age of 21 must not be a person who has - 


(a) been convicted (or is, by virtue of section 58 of the Offenders Act[13], to be treated as if he had been convicted) of an offence as a result of which at least one penalty point falls to be taken into account under section 29 of the Offenders Act[14], or

(b) at any time been disqualified by a court for holding or obtaining a licence or by a court in Northern Ireland for holding or obtaining a Northern Ireland licence.".

    7. - (1) Regulation 15 shall be amended as follows.

    (2) In paragraph (2)(c), after the words "motor vehicle" there shall be inserted ", other than a vehicle of a class included in category C, C+E, D or D+E,".

    (3) After paragraph (10) there shall be inserted - 

    " (10A) The condition specified in paragraph (7)(b) shall not apply in the case of a provisional licence holder who is unable, by reason of impaired hearing, to receive directions from the supervising instructor by radio where the licence holder and the instructor are employing a satisfactory means of communication which they have agreed before the start of the journey.".

    8.In regulation 23(2), for "regulation 44(8)" there shall be substituted "regulations 44(8) and 45(5)".

    9. - (1) Regulation 34 shall be amended as follows.

    (2) In paragraph (1), at the beginning, there shall be inserted the words "Subject to paragraph (1A),".

    (3) After paragraph (1), there shall be inserted - 

    " (1A) Paragraph (1) shall not apply in the case of a person who submits himself for an appropriate driving test pursuant to section 36 of the Offenders Act or for any part of such a test.".

    (4) In paragraph (8), in the definition of "excepted provisional licence", for the words "C1, D1 (not for hire or reward), D1+E (not for hire or reward) and C1+E (8.25 tonnes)"there shall be substituted "C1 and D1 (not for hire or reward)".

    10. - (1) Regulation 42 shall be amended as follows.

    (2) In paragraph (1), for the words "subject to paragraph (2)" there shall be substituted "subject to the following provisions of this regulation".

    (3) In paragraph (3), for the words "subject to paragraph (7)" there shall be substituted "subject to the following provisions of this regulation".

    (4) For paragraph (4) there shall be substituted - 

    " (4) Except as provided in paragraph (4A), in the case of a person who has passed a test for a licence authorising the driving of a class of vehicles in category D not more than 5.5 metres in length paragraphs (1), (2) and (3) and Tables A and B in Schedule 9 shall apply as if he had passed a test for a licence authorising only the driving of the corresponding classes of vehicle in sub-category D1.

    (4A) Where a person has passed tests for a licence authorising the driving of - 


(a) motor vehicles in category D not more than 5.5 metres in length having automatic transmission, and

(b) motor vehicles in category C, other than vehicles in sub-category C1, having manual transmission,



he is deemed competent to drive vehicles in category D not more than 5.5 metres in length which have manual transmission."

    (5) For paragraph (6) there shall be substituted - 

    " (6) In the case of a person who has passed a test for a licence authorising the driving only of those classes of vehicle in category C+E which are drawbar trailer combinations paragraphs (1), (2) and (3) and Tables A and B in Schedule 9 shall apply as if he had passed a test for a licence authorising only the driving of the corresponding classes of vehicle in category C."

    (6) In paragraph (9A), for the words "sub-category B1" there shall be substituted "sub-categories B1 and B1 (invalid carriages)".

    11. - (1) Regulation 43 shall be amended as follows.

    (2) In paragraph (1), for "(4) and (5)" there shall be substituted "(4), (4B) and (5)".

    (3) In paragraph (4), after "by virtue of paragraph (2)", there shall be inserted "or (5)".

    (4) For paragraph (4A), there shall be substituted - 

    " (4A) Paragraph (3)(a) shall not apply where the additional category is F, G, H, K, L or P.

    (4B) Where the person who is disqualified passes the practical test on a vehicle of a class included in category A, other than sub-category A1, the disqualification shall be deemed to have expired additionally in relation to all classes of vehicle included in - 


(a) categories B, B+E, C, C+E, D and D+E, unless that test is passed on a vehicle with automatic transmission, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in those categories as have automatic transmission;

(b) categories F, G, H and L.".

    (5) For paragraph (5) there shall be substituted - 

    " (5) Where the person who is disqualified passes the practical test on a vehicle of a class included in category B, other than sub-categories B1 and B1 (invalid carriages), the disqualification shall be deemed to have expired additionally in relation to all classes of vehicle included in - 


(a) categories A, B+E, C, C+E, D and D+E, unless that test is passed on a vehicle with automatic transmission, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in those categories as have automatic transmission;

(b) categories G, H and L.".

    12.For regulation 52 there shall be substituted - 

" Large goods vehicle drivers' licences and LGV Community licences: obligatory revocation or withdrawal and disqualification
    52. - (1) The prescribed circumstances for the purposes of section 115(1)(a) of the Traffic Act[15] are that, in the case of the holder of a large goods vehicle driver's licence who is under the age of 21, he has been convicted (or is, by virtue of section 58 of the Offenders Act, to be treated as if he had been convicted) of an offence as a result of which the number of penalty points to be taken into account under section 29 of the Offenders Act exceeds three.

    (2) The prescribed circumstances for the purposes of section 115A(1)(a) of the Traffic Act are that, in the case of the holder of an LGV Community licence who is under the age of 21, he has been convicted (or is, by virtue of section 58 of the Offenders Act, to be treated as if he had been convicted) of an offence as a result of which the number of penalty points to be taken into account under section 29 of the Offenders Act exceeds three.

    (3) Where - 


(a) a large goods vehicle driver's licence is revoked under section 115(1)(a) of the Traffic Act, or

(b) the Secretary of State serves a notice on a person in pursuance of section 115A(1)(a) of that Act,



the cases in which the person whose licence has been revoked or, as the case may be, on whom the notice has been served must be disqualified indefinitely or for a fixed period shall be determined by the licensing authority.

    (4) Where the licensing authority makes a determination under paragraph (3) that a person is to be disqualified for a fixed period he shall be disqualified until he reaches 21 years of age or for such longer period as the licensing authority may determine.".

    13.For regulation 53 there shall be substituted - 

" Holders of licences who are disqualified by order of a court
    53. - (1) This regulation applies where a person's large goods vehicle or passenger-carrying vehicle driver's licence is treated as revoked by virtue of section 37(1) of the Offenders Act (effect of disqualification by court order) and where it applies subsections (1) and (2) of section 117 of the Traffic Act are modified in accordance with paragraphs (2) to (6).

    (2) Where the licence which is treated as revoked is a large goods vehicle driver's licence held by a person under the age of 21 - 


(a) the licensing authority must order that person to be disqualified either indefinitely or for a fixed period, and

(b) where the licensing authority determines that he shall be disqualified for a fixed period, he must be disqualified until he reaches the age of 21 or for such longer period as the licensing authority determines.



    (3) Where the licence which is treated as revoked is a large goods vehicle driver's licence held by any other person or is a passenger-carrying vehicle driver's licence - 



(a) the licensing authority may order that person to be disqualified either indefinitely or for such fixed period as he thinks fit, or

(b) except where the licence is a provisional licence, if it appears to the licensing authority that, owing to that person's conduct, it is expedient to require him to comply with the prescribed conditions applicable to provisional licences until he passes a test, the licensing authority may order him to be disqualified for holding or obtaining a full licence until he passes a test.



    (4) Where the licensing authority orders him to be disqualified until he passes a test, that test shall be a test prescribed by these Regulations for a licence authorising the driving of any class of vehicle in category C (other than sub-category C1), C+E, D or D+E which, prior to his disqualification by order of the court, he was authorised to drive by the revoked licence.

    (5) Any question as to whether a person - 



(a) shall be disqualified indefinitely or for a fixed period or until he passes a test, or

(b) if he is to be disqualified for a fixed period, what that period should be, or

(c) if he is to be disqualified until he passes a test, which test he should be required to pass,



may be referred by the licensing authority to the traffic commissioner for the area in which that person resides.

    (6) Where the licensing authority determines that a person shall be disqualified for a fixed period, that period shall commence on the expiration of the period of disqualification ordered by the court.

    (7) Where this regulation applies, subsections (3) to (6) of section 116 of the Traffic Act shall apply as if - 



(a) subsection (4)(a) and the words "in any other case" in subsection (4)(b) were omitted, and

(b) the references to sections 115(1) and 116(1) of that Act were references to this regulation.".

    14. - (1) Regulation 55 shall be amended as follows.

    (2) In paragraph (1), for the words "Approved training courses for riders of motor bicycles"there shall be substituted "An approved training course is one complying with and conducted in accordance with this Part of these Regulations and".

    (3) For paragraph (3) there shall be substituted - 

    " (3) In this Part of these Regulations - 


"approved training body" means a person authorised to provide approved training courses under or by virtue of this regulation;
"prescribed training course" means a course containing the elements prescribed under regulation 61.".

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Notes:

[1] Subsection (6) was amended by the Driving Licences (Community Driving Licence) Regulations 1990 (S.I. 1990/144) (the 1990 Regulations).back

[2] Subsection (3) was amended by the Road Traffic Act 1991 (c.40) (the 1991 Act), Schedule 4, paragraph 63; subsection (7) was amended by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c.22) (the 1989 Act), Schedule 3, paragraph 8, and by the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974) (the 1996 Regulations).back

[3] Subsection (3) was amended by the 1989 Act, section 6(2) and Schedule 6 and by the 1996 Regulations; subsection (3A) was inserted by the 1989 Act, section 6(2) and was amended by the 1996 Regulations.back

[4] Subsection (2) was amended by the 1989 Act, Schedule 3, paragraph 14, by the 1990 Regulations and by the 1996 Regulations.back

[5] See the definitions of prescribed and regulations.back

[6] Sections 114, 115, 117 and 120 were substituted by the 1989 Act, section 2(1) and Schedule 2. Section 114(1) was amended by the 1996 Regulations.back

[7] Subsection (3) was amended by the 1991 Act, Schedule 4, paragraph 64, and by the 1996 Regulations.back

[8] Section 115A was inserted by the 1996 Regulations.back

[9] Subsection (2A) was inserted by the 1991 Act, Schedule 4, paragraph 65.back

[10] See the definition of prescribed.back

[11] 1988 c.52.back

[12] S.I. 1996/2824, amended by S.I. 1996/3198 and 1997/256, 669, 846, 2070 and 2915.back

[13] I.e. the Road Traffic Offenders Act 1988. Section 58(1) was amended by the 1990 Regulations.back

[14] Section 29 was substituted by section 28 of the 1991 Act.back

[15] I.e. The Road Traffic Act 1988.back

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