The Motor Vehicles (International Circulation) Order 1975

Made: 23rd July 1975

Coming into Operation: 2nd August 1975

At the Court at Buckingham Palace, the 23rd day of July 1975

Present,

The Queen's Most Excellent Majesty in Council

Whereas a draft of this Order has, in pursuance of section 1(5) of the Motor Vehicles (International Circulation) Act 1952, been laid before Parliament and approved by resolution of each House of Parliament:

Now, therefore, Her Majesty, in pursuance of section 1(1) and (4) of the Motor Vehicles (International Circulation) Act 1952, as extended by Article 14(1) of, and paragraph 16 of Schedule 5 to, the Northern Ireland (Modification of Enactments—No. 1) Order 1973[^f00001], is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Documents for drivers and vehicles going abroad

1

• (1) Subject to the following provisions of this Article, the Secretary of State may issue to a person resident in the United Kingdom a driving permit in any of the forms A, B and C in Schedule 1 for use outside the United Kingdom.

• (1A) A permit may only be issued to a person for vehicles of a class or classes in respect of which that person holds a full licence.

• (1B) In paragraph (1A)—

• “full licence” means a licence granted under Part 3 of the Road Traffic Act 1988, or Part 2 of the Road Traffic (Northern Ireland) Order 1981, other than a provisional licence, and

• “provisional licence” has the same meaning as in Part 3 of the Road Traffic Act 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981.

• (1C) A permit in Form A may not be issued to any person who is under 18 years of age unless the permit is restricted to the driving of motor cycles or invalid carriages, or both.

• (1D) A permit in Form B may not be issued to any person who is under 18 years of age.

• (1E) A permit in Form C must be limited in its period of validity to three years, or, if shorter, the unexpired period of the permit holder’s current United Kingdom driving licence.

• (2) The Secretary of State may issue for use outside the United Kingdom a document in the form D in Schedule 1 to this Order for any motor vehicle registered under the Vehicles (Excise) Act 1971, or in Northern Ireland under the Vehicles (Excise) Act (Northern Ireland) 1972.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The Secretary of State may assign to a motor vehicle to which the Decision of 1957 of the Council of the Organisation for European Economic Co-Operation applies, an identification mark in the form of such a trade plate as may be required to be carried on such a vehicle under the provisions of section 1 of the Regulation attached to that Decision.

In this paragraph, “the Decision of 1957 of the Council of the Organisation for European Economic Co-Operation” means the decision of the Council of the Organisation for European Economic Co-Operation concerning the International Circulation of Hired Private Road Motor Vehicles adopted by that Council at its 369th Meeting, in June, 1957.

• (6) The Secretary of State may charge a fee of £5.50 for the issue of any such document as is mentioned in paragraph (1) or (2) of this Article.

• (7) The Secretary of State may for the purpose of his functions under this Article carry out ... examinations of vehicles.

• (8) The Secretary of State may delegate any of his functions under this Article (including any power of charging fees and the carrying out of ... examinations) to any body concerned with motor vehicles or to any Northern Ireland department.

• (9) Sections 173 and 174 of the Road Traffic Act 1988 (forgery of documents, etc., false statements and withholding material information) and Article 174 of the Road Traffic (Northern Ireland) Order 1981 (false statements in connection with forgery of, and fraudulent use of, documents, etc.) shall apply to a Convention driving permit as they apply to licences under that Act or under that Order.

• (10) Section 13 of the Road Traffic Offenders Act 1988 and Article 190 of the said Order of 1981 (admissibility of records as evidence) shall apply to records maintained by the Secretary of State in connection with his functions under this Article, or by a body or Northern Ireland department to which in accordance with paragraph (8) of this Article he has delegated the function in connection with which the records are maintained, as that section or that Article apply to records maintained in connection with functions under that Act or under that Order, and the powers conferred by section 13(5) of the said Act of 1988 and Article 190(4) of the said Order of 1981 to prescribe a description of matter which may be admitted as evidence under that section or under that Article shall have effect in relation to the application of that section and that Article by this Article.

Visitors' driving permits

2

• (1) Subject to the provisions of this Article, it shall be lawful for a person resident outside the United Kingdom who is temporarily in Great Britain and holds—

• (a) a Convention driving permit, or

• (b) a domestic driving permit issued in a country outside the United Kingdom, or

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

during a period of twelve months from the date of his last entry into the United Kingdom to drive, or ... for any person to cause or permit such a person to drive, in Great Britain a motor vehicle of any class other than a medium-sized goods vehicle, a large goods vehicle, a privately-operated passenger vehicle or a passenger-carrying vehicle which he is authorised by that permit or that licence to drive, notwithstanding that he is not the holder of a driving licence under Part III of the Road Traffic Act 1988.

• (2) Subject to the provisions of this Article, it shall be lawful for a person resident outside the United Kingdom who is temporarily in Great Britain and holds—

• (a) a Convention driving permit, or

• (b) a domestic driving permit issued in a country outside the United Kingdom,

during a period of twelve months from the date of his last entry into the United Kingdom to drive, or for any person to cause or permit such a person to drive, in Great Britain—

• (i) in the case of any such person who is resident in an EEA State, the Isle of Man, Jersey or Guernsey, a medium-sized goods vehicle, a large goods vehicle, a privately-operated passenger vehicle or a passenger-carrying vehicle; and

• (ii) in the case of any other such person, a medium-sized goods vehicle, a large goods vehicle, a privately-operated passenger vehicle or a passenger-carrying vehicle brought temporarily into Great Britain,

which he is authorised by that permit to drive, notwithstanding that he is not the holder of a medium-sized goods vehicle driver’s licence, a large goods vehicle driver’s licence, a privately-operated passenger vehicle driver’s licence or a passenger-carrying vehicle driver’s licence.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Nothing in the preceding provisions of this Article shall authorise any person to drive, or any person to cause or permit any person to drive, a vehicle of any class at a time when he is disqualified by virtue of section 101 of the Road Traffic Act 1988 (persons under age), for holding or obtaining a driving licence authorising him to drive vehicles of that class, but in the case of any such person as is mentioned in paragraphs (1) or (2) of this Article, who is driving a vehicle which—

• (a) in the case of a person not resident in an EEA State, the Isle of Man , Jersey or Guernsey, is brought temporarily into Great Britain, and

• (b) is within the class specified in the first column of paragraph 7 of the Table in subsection (1) of that section, and

• (c) is either a vehicle registered in a Convention country or a goods vehicle in respect of which that person holds a certificate of competence which satisfies the international requirements,

the second column of that paragraph, in its application for the purposes of this paragraph, shall have effect as if for “21” there were substituted “18”.

In this paragraph the following expressions have the meanings respectively assigned to them:—

• “the international requirements” means—in relation to a person who is driving a goods vehicle on a journey to which Council Regulation (EEC) No.3820/85 of 20th December 1985, on the harmonisation of certain social legislation relating to road transport applies, the requirements of Article 5(1)(b) (minimum ages for goods vehicle drivers) of that Regulation;in relation to a person who is driving a goods vehicle on a journey to which the European Agreement concerning the work of crews engaged in International Road Transport (AETR) signed at Geneva on 25th March 1971 applies, the requirements of Article 5(1)(b) (conditions to be fulfilled by drivers) of that Agreement;

• “Convention country” means a country which is not an EEA State nor a party to the aforementioned European Agreement but is a party to the 1968 Convention, the Convention on Road Traffic concluded at Geneva in the year 1949, or the International Convention relative to Motor Traffic concluded at Paris in the year 1926.

• (5) This Article shall not authorise a person to drive a motor vehicle of any class if, in consequence of a conviction or of the order of a court, he is disqualified for holding or obtaining a driving licence under Part III of the Road Traffic Act 1988.

• (6) The Secretary of State for Transport may by order made by statutory instrument withdraw one or both of the rights conferred by paragraphs (1)(b) and (2)(b) of this Article in respect of—

• (a) all domestic driving permits;

• (b) domestic driving permits of a description specified in the order; or

• (c) domestic driving permits held by persons of a description specified in the order.

• (7) In this Article—

• “1926 Convention” means the International Convention relative to Motor Traffic done at Paris on 24th April 1926;

• “1949 Convention” means the Convention on Road Traffic done at Geneva on 19th September 1949;

• “1968 Convention” means the Convention on Road Traffic done at Vienna on 8th November 1968;

• “Convention driving permit” means either—a driving permit in Form A in Schedule 1 issued under the authority of a country outside the United Kingdom which is a party to the 1949 Convention but not to the 1968 Convention;a driving permit in Form B in Schedule 1 issued under the authority of a country outside the United Kingdom which is a party to the 1926 Convention but not to the 1949 Convention nor to the 1968 Convention; ora driving permit in Form C in Schedule 1 issued under the authority of a country outside the United Kingdom which is a party to the 1968 Convention;

• “domestic driving permit” in relation to a country outside the United Kingdom means a document issued under the law of that country to a person who has given proof of his competence to drive and authorising the holder to drive motor vehicles, or a specified class of motor vehicles, in that country, and includes a driving permit issued to such a person by the armed forces of any country Outside the United Kingdom for use in some other country outside the United Kingdom but does not include a Community licence (within the meaning of Part III of the Road Traffic Act 1988);

• ...

• “dependants” in relation to such a member of the British Forces or the civilian component thereof, means any of the following persons, namely—the wife or husband of that member; andany other person wholly or mainly maintained by him or in his custody, charge or care; and

• “EEA Agreement” and “EEA State” have the meanings given in Schedule 1 to the Interpretation Act 1978.

• “medium-sized goods vehicle” has the same meaning as in Part III of the Road Traffic Act 1988;

• “medium-sized goods vehicle driver’s licence” means a licence under Part III of the Road Traffic Act 1988 in so far as it authorises a person to drive medium-sized goods vehicles of any class;

• “privately-operated passenger vehicle” means a vehicle, not used for carrying passengers for hire or reward, which is constructed or adapted to carry more than eight but not more than 16 passengers;

• “privately-operated passenger vehicle driver’s licence” means a licence under Part III of the Road Traffic Act 1988 in so far as it authorises a person to drive privately-operated passenger vehicles of any class;

• “public service vehicle” has the same meaning as in the Public Passenger Vehicles Act 1981; and

• “large goods vehicle”, “passenger-carrying vehicle”, “large goods vehicle driver’s licence” and “passenger-carrying vehicle driver’s licence” have the same meaning as in Part IV of the Road Traffic Act 1988.

• (8) The provisions of this Article which authorise the holder of a permit or a licence to drive a vehicle during a specified period shall not be construed as authorising the driving of a vehicle at a time when the permit or the licence has ceased to be valid and, without prejudice to the provisions of paragraph (4), a Convention driving permit in Form C in Schedule 1 is not valid at a time when any restrictive condition of use endorsed on it is not satisfied.

3

• (1) It shall be lawful—

• (a) for a member of a visiting force of a country to which Part I of the Visiting Forces Act 1952 for the time being applies who holds a driving permit issued under the law of any part of the sending country or issued by the Service authorities of the visiting force, or

• (b) for a member of a civilian component of such a visiting force who holds Such a driving permit, or

• (c) for a dependant of any Such member of a visiting force or of a civilian component thereof who holds such a driving permit,

to drive, or for any person to cause or permit any such person to drive, in Great Britain a motor vehicle of any class ... which he is authorised by that permit to drive, notwithstanding that he is not the holder of a driving licence under Part III of the Road Traffic Act 1988.

• (2) This Article shall not authorise a person to drive a motor vehicle of any class if, in consequence of a conviction or of the order of a court, he is disqualified for holding or obtaining a driving licence under Part III of the Road Traffic Act 1988.

• (3) Nothing in this Article shall authorise any person to drive, or any person to cause or permit any other person to drive, a vehicle of any class at a time when he is disqualified by virtue of section 101 of the Road Traffic Act 1988 (persons under age), for holding or obtaining a driving licence authorising him to drive vehicles of that class.

• (4) The interpretative provisions of the Visiting Forces Act 1952 shall apply for the interpretation of this Article and “dependant”, in relation to a member of any such visiting force or a civilian component thereof, means any of the following persons namely—

• (a) the wife or husband of that member; and

• (b) any other person wholly or mainly maintained by him or in his custody, charge or care.

4

Schedule 3 to this Order shall have effect as respects the driving permits referred to in Articles 2 and 3 of this Order.

Excise exemption and documents for vehicles brought temporarily into Great Britain

5

• (1) The next following paragraph shall apply to a vehicle brought temporarily into United Kingdom by a person resident outside the United Kingdom if the person bringing that vehicle into United Kingdom—

• (a) satisfies a registration authority that he is resident outside the United Kingdom and that the vehicle is only temporarily in United Kingdom, and

• (b) complies with any regulations made under paragraph (4) of this Article.

• (2) A vehicle to which this paragraph applies, and to which the temporary importation arrangements referred to in the Council Regulation on temporary importation from third countries do not apply and which would, but for this Order, be chargeable with excise duty under the Excise Act, shall be exempt from any duty of excise under that Act to the following extent:—

• (a) in the case of a vehicle to which paragraph (2A) or (2B) applies, the vehicle shall be exempt from excise duty for a period, continuous or otherwise, of not more than six months in any period of twelve consecutive months;

• (aa) in the case of a vehicle to which paragraph (2C) or (2D) applies, the vehicle shall be exempt from excise duty for as long as the criteria in paragraph (2C) or (2D) are met;

• (b) in a case of a vehicle being used for or in connection with—

• (i) international carriage or a cabotage operation within the scope of either the Road Transport (International Passenger Services) Regulations 2018 or the Regulation of the European Parliament and of the Council on common rules for access to the international market for coach and bus services or the Regulation of the European Parliament and of the Council on common rules for access to the international road haulage market, or

• (ii) a type of carriage which is exempt from any Community authorisation and from any carriage authorisation under the Directive of the European Parliament and of the Council on the establishment of common rules for certain types of carriage of goods by road,

the vehicle shall be exempt from excise duty if and so long as the vehicle is being used in accordance with whichever of those instruments is applicable to the use of the vehicle;

• (c) in a case of a vehicle being used for or in connection with a cabotage operation in Great Britain that is not exempt from excise duty under sub-paragraph (b), the vehicle shall be exempt from excise duty if and so long as—

• (i) that cabotage operation consists of national carriage for hire or reward by a haulier who is a holder of a Community licence and whose driver, if a national of a country which is not a member State, holds a driver attestation;

• (ii) the vehicle is being used only for or in connection with the carriage of vehicles which are—

• (aa) designed and constructed primarily for the carriage of passengers and their luggage, which have no more than eight seats in addition to the driver's seat, and have no space for standing passengers, or

• (bb) designed and constructed primarily for the carriage of goods and have a maximum authorised mass not exceeding 3.5 tonnes; and