The Motor Vehicles (Driving Licences) Regulations 1999
Made: 19th October 1999
Laid before Parliament: 21st October 1999
Coming into force: 12th November 1999
The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred by the following sections of the Road Traffic Act 1988, namely sections 88(5) and (6), 89(1A), (2A), (3), (4), (5), (5A), (6), (7), (9) and (10), 89A(3) and (5), 91, 92(2) and (4), 94(4) and (5), 97(1), (1A), (3), (3A), (3B) and (4), 98(2) and (4), 99(1) and (1A), 99A(3), (4) and (6), 101(2) and (3), 105(1), (2), (3) and (4), 108(1), 114(1), 115(1) and (3), 115A(1), 117(2A), 118(4), 120, 121, 122, 164(2), 183(6) and 192(1), after consulting with representative organisations in accordance with section 195(2) of the Road Traffic Act 1988 and, in the case of regulations 14, 30 and 35, with the approval of the Treasury, hereby makes the following Regulations:
PART I — PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) Regulations 1999 and shall come into force on 12th November 1999.
Revocation and saving
2
- (1) The regulations specified in Schedule 1 are hereby revoked.
- (2) Subject to otherwise herein provided, and without prejudice to the operation of sections 16 and 17 of the Interpretation Act 1978 , the revocation of those regulations shall not affect the validity of any application or appointment made, notice or approval given, licence, certificate or other document granted or issued or other thing done thereunder and any reference in such application, appointment, notice, approval, licence, certificate or other document or thing to a provision of any regulation hereby revoked, whether specifically or by means of a general description, shall, unless the context otherwise requires, be construed as a reference to the corresponding provision of these Regulations.
Interpretation
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- (1) In these Regulations, unless the context otherwise requires, the following expressions have the following meanings—
- “1981 Act" means the Public Passenger Vehicles Act 1981 ;
- “1985 Act" means the Transport Act 1985 ;
- “A1 motorcycle” means a motor bicycle with a cylinder capacity not exceeding 125 cubic centimetres, of a power not exceeding 11 kilowatts and with a power to weight ratio not exceeding 0.1 kilowatts per kilogram;
- “A1 motor tricycle” means a motor tricycle with a power not exceeding 15 kilowatts;
- “A2 motorcycle” means a motor bicycle of a power not exceeding 35 kilowatts, with a power to weight ratio not exceeding 0.2 kilowatts per kilogram and not being derived from a vehicle of more than double its power;
- “A3 motorcycle” means a motor bicycle—of a power exceeding 35 kilowatts or with a power to weight ratio exceeding 0.2 kilowatts per kilogram; orof a power not exceeding 35 kilowatts with a power to weight ratio not exceeding 0.2 kilowatts per kilogram and derived from a vehicle of more than double its power;
- “A3 motor tricycle” means a motor tricycle with a power exceeding 15 kilowatts;
- “abridged standard test of driving theory” means the test described in regulation 40B(1A);
- “ambulance" means a motor vehicle which—is constructed or adapted for, and used for no other purpose than, the carriage of sick, injured or disabled people to or from welfare centres or places where medical or dental treatment is given, andis readily identifiable as such a vehicle by being marked “Ambulance" on both sides;
- “appropriate driving test" and “extended driving test" have the same meanings respectively as in section 36 of the Offenders Act ;
- “category P vehicle” means a motor vehicle with fewer than four wheels with a maximum design speed exceeding 45 kilometres per hour but not exceeding 50 kilometres per hour and which, if propelled by an internal combustion engine, has a cylinder capacity not exceeding 50 cubic centimetres;
- “category Q vehicle” means a motor vehicle with less than four wheels which—if propelled by an internal combustion engine, has a cylinder capacity not exceeding 50 cubic centimetres and, if not equipped with pedals by means of which the vehicle is capable of being propelled, has a maximum design speed not exceeding 25 kilometres per hour; andif propelled other than by an internal combustion engine, has a maximum design speed not exceeding 25 kilometres per hour;
- “certified direct access instructor” has the meaning given by regulation 64(2);
- “Construction and Use Regulations" means the Road Vehicles (Construction and Use) Regulations 1986 ;
- “controlled by a pedestrian" in relation to a vehicle means that the vehicle either—is constructed or adapted for use under such control; oris constructed or adapted for use either under such control or under the control of a person carried on it but is not for the time being in use under, or proceeding under, the control of a person carried on it;
- “deductible period” means—any period during which a person is disqualified under section 34 or 35 of the Offenders Act;in a case where a person is or has been disqualified under section 36 of the Offenders Act, the period beginning on the date of the court order under subsection (1) of that section and ending on the date when the disqualification is deemed by virtue of that section to have expired;in a case where a person’s licence or test pass certificate has been revoked by the Secretary of State under section 3 of, or Schedule 1 to, the Road Traffic (New Drivers) Act 1995, the period beginning on the date of the notice of revocation under that Act and ending on the date when the person whose certificate or licence, as appropriate, has been revoked passes the relevant driving test within the meaning of that Act; andany period during which a person’s licence has ceased to be in force;
- “disability assessment test” means a test of competence to drive for which a person is required, by notice under section 94(5)(c) of the Traffic Act, to submit himself; and “disability assessment licence” means a provisional licence granted to enable him to drive a motor vehicle for the purposes of preparing for, and taking, such a test
- “dual purpose vehicle" means a motor vehicle which is constructed or adapted both to carry or haul goods and to carry more than eight persons in addition to the driver;
- “electric scooter” means a category Q vehicle which—is fitted with an electric motor with a maximum continuous power rating not exceeding 500 watts;is not fitted with pedals that are capable of propelling the vehicle;has two wheels, one front and one rear, aligned along the direction of travel;is designed to carry no more than one person;has a maximum weight, excluding the driver, not exceeding 55 kilograms;has a maximum design speed not exceeding 15.5 miles per hour;has a means of directional control through the use of handlebars which are mechanically linked to the steered wheel;has a means of controlling the speed through hand controls; andhas a power control that defaults to the ‘off’ position;
- “exempted goods vehicle" and “exempted military vehicle" have the meanings respectively given in regulation 51;
- “extended driving test" means a test of a kind prescribed by regulation 41;
- “fire and rescue authority” has the same meaning as in section 1 of the Fire and Rescue Services Act 2004;
- “fire engine” means a category C motor vehicle that is being used—in England or Wales, by a fire and rescue authority ... ; orin Scotland, by the Scottish Fire and Rescue Service (as established under section 1A of the Fire (Scotland) Act 2005);
- “full", in relation to a licence of any nature, means a licence granted otherwise than as a provisional licence;
- “Group 1 licence" and “Group 2 licence" have the meanings respectively given in regulation 70;
- “IBC” means an intermediate bulk container, being one single sealed container—made of plastic or metal;designed for the storage and transport of fluids;with a capacity of 1,000 litres;having its capacity clearly marked on its exterior; andfilled to capacity with water;
- “incomplete large vehicle" means—an incomplete motor vehicle, typically consisting of a chassis and a complete or incomplete cab, which is capable of becoming, on the completion of its construction, a medium-sized or large goods vehicle or a passenger-carrying vehicle, ora vehicle which would be an articulated goods vehicle but for the absence of a fifth-wheel coupling,and which is not drawing a trailer;
- “large vehicle off road manoeuvres test” means a test consisting of the activities and manoeuvres specified in Schedule 8B and includes such a test conducted as part of an extended driving test;
- “large vehicle off road manoeuvres test examiner” means a person approved by the Secretary of State in accordance with paragraph (1ZA) of regulation 24 to conduct large vehicle off road manoeuvres tests;
- “large vehicle off road manoeuvres test pass certificate” means a certificate relating to the passing of the large vehicle off road manoeuvres test in the form specified in Part 1 of Schedule 10E;
- “large vehicle off road manoeuvres test provider” means a body approved by the Secretary of State in accordance with sub-paragraph (a) of paragraph (1ZA) of regulation 24;
- “large vehicle off road manoeuvres test statement of failure” means a statement relating to the failure of the large vehicle off road manoeuvres test in the form specified in Part 2 of Schedule 10E;
- ...
- “large vehicle test of driving theory” means the test of driving theory described in regulation 40B(2);
- “large vehicle test of hazard perception” means the test of hazard perception described in regulation 40B(4);
- “large vehicle theory test pass certificate” means a certificate in the form specified in regulation 47B(1);
- “local public authority” means—in England and Wales, any body, other person or holder of any office listed in Part 2 (local government) of Schedule 1 to the Freedom of Information Act 2000; andin Scotland, any body, other person or holder of any office listed in Part 3 (local government) of Schedule 1 to the Freedom of Information (Scotland) Act 2002;
- ...
- “manoeuvres test” means a test consisting of the activities and manoeuvres specified in Schedule 8A and includes such a test conducted as part of an extended driving test;
- “maximum authorised mass"—in relation to a goods vehicle, has the same meaning as “permissible maximum weight" in section 108(1) of the Traffic Act,in relation to an incomplete large vehicle, means its working weight, andin relation to any other motor vehicle or trailer, has the same meaning as “maximum gross weight" in regulation 3(2) of the Construction and Use Regulations;
- “maximum speed" means the speed which the vehicle is incapable, by reason of its construction, of exceeding on the level under its own power when fully laden;
- “maximum net power output”, in relation to an engine, means the maximum net power output measured under full engine load
- “mobile project vehicle" means a vehicle which has a maximum authorised mass exceeding 3.5 tonnes, is constructed or adapted to carry not more than eight persons in addition to the driver and carries principally goods or burden consisting of—play or educational equipment and articles required in connection with the use of such equipment, orarticles required for the purposes of display or of an exhibition,and the primary purpose of which is use as a recreational, educational or instructional facility when stationary;
- “module 1 pass certificate” means a certificate relating to the passing of a manoeuvres test in the form set out in Part 1 of Schedule 10D;
- “module 1 statement of failure” means a statement in the form set out in Part 2 of Schedule 10D regarding the failing of a manoeuvres test;
- “motor tricycle” means a motor vehicle with three symmetrically arranged wheels which has a maximum design speed of more than 45 kilometres per hour and, if fitted with an internal combustion engine, has an engine capacity of more than 50 cubic centimetres;
- “Northern Ireland test" means a test of competence to drive conducted under the law of Northern Ireland;
- “Offenders Act" means the Road Traffic Offenders Act 1988 ;
- “passenger-carrying vehicle recovery vehicle" means a vehicle (other than an articulated goods vehicle combination as defined in section 108(1) of the Traffic Act) which—has an unladen weight not exceeding 10.2 tonnes,is being operated by the holder of a PSV operator’s licence, andis being used for the purpose of—proceeding to, or returning from, a place where assistance is to be, or has been, given to a damaged or disabled passenger-carrying vehicle; orgiving assistance to or moving a disabled passenger-carrying vehicle or moving a damaged vehicle;
- “penalty points" means penalty points attributed to an offence under section 28 of the Offenders Act;
- “power to weight ratio", in relation to a motor bicycle, means the ratio of the maximum net power output of the engine of the vehicle to its weight (including the weight of any side-car) with—a full supply of fuel in the tank,an adequate supply of other liquids needed for its propulsion, andno load other than its normal equipment, including loose tools;
- “practical test” means a practical test of driving skills and behaviour or, where a test is by virtue of these Regulations required to be conducted in two, three or four parts, the part of it consisting of that test; and the term—includes such a test conducted as part of an extended driving test;excludes the manoeuvres test; andexcludes the large vehicle off road manoeuvres test;
- “propelled by electrical power", in relation to a motor vehicle, means deriving motive power solely from an electrical storage battery carried on the vehicle and having no connection to any other source of power when the vehicle is in motion;
- “PSV operator’s licence" has the meaning given by section 82(1) of the 1981 Act;
- “standard access period” means the period of two years commencing on the date, before 19th January 2013, when a person passed a test for a licence authorising the driving of standard motor bicycles of any class, other than motor bicycles with an engine the maximum net power output of which is 11 kilowatts or less, but disregarding any deductible period, or part thereof, which subsists in relation to that person on or after the date on which the test was passed;
- “standard motor bicycle” means—in the case of a motor bicycle without a side-car, a motor bicycle the engine of which has a maximum net power output not exceeding 25 kilowatts and a power to weight ratio not exceeding 0.16 kilowatts per kilogram, orin the case of a motor bicycle and side-car combination, a combination having a power to weight ratio not exceeding 0.16 kilowatts per kilogram;
- “standard test of driving theory” means the test described in regulation 40B(1);
- “standard test of hazard perception” means the test described in regulation 40B(3);
- “standard theory test pass certificate” means a certificate in the form specified in regulation 47(2)(a); and
- “test" means any test of competence to drive conducted pursuant to section 89 of the Traffic Act including an extended driving test;
- “test pass certificate" means a certificate in the form specified in regulation 48(1)(a);
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- “Traffic Act" means the Road Traffic Act 1988;
- “traffic commissioner” means a commissioner appointed under section 4 of the Public Passenger Vehicles Act 1981;
- “training load” means a load consisting of—an IBC; ortraining load packages that are all marked with the same nominal quantity by weight;
- “training load package” means a product packaged in a transparent sealed bag so that the combination of the product and the individual bag in which it is packed is either or both of the following—a “package” to which the Weights and Measures (Packaged Goods) Regulations 2006 “the 2006 Regulations” or the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 “the 2011 Regulations” apply, where— it is marked in accordance with the requirements of regulation 5(1) of the 2006 Regulations or the 2011 Regulations as the case may be; it is marked with its nominal quantity by weight in accordance with regulation 8 of the 2006 Regulations or the 2011 Regulations as the case may be; andthat nominal quantity by weight so marked on the package is no less than 10kg; ora “prepackage” to which Council Directive 76/211/EEC applies, where— it is marked in accordance with points 3.1 and 3.2 of Annex I to that Directive; andthe nominal quantity by weight so marked on the prepackage is no less than 10kg;
- “trial” means an assessment as to the suitability of electric scooters for use on roads conducted by virtue of—an order made under sections 44 and 63(5) of the Traffic Act; oran arrangement made between one or more local public authorities and a person who hires out electric scooters;
- “unitary test" means a test which, by virtue of these Regulations, is to consist of a single test of both practical driving skills and behaviour and knowledge of the Highway Code and other matters and includes such a test conducted as an extended driving test;
- “unladen weight" has the same meaning as in regulation 3(2) of the Construction and Use Regulations and, 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;
- “vehicle with automatic transmission" means a class of vehicle in which either—the driver is not provided with any means whereby he may vary the gear ratio between the engine and the road wheels independently of the accelerator and the brakes, orhe is provided with such means but they do not include a clutch pedal or lever which he may operate manually,(and accordingly a vehicle with manual transmission is any other class of vehicle);
- “working weight" means the weight of a vehicle in working condition on a road but exclusive of the weight of any liquid coolant and fuel used for its propulsion.
- (2) In these Regulations, unless the context otherwise requires—
- (a) a reference to a licence being in force is a reference to it being in force in accordance with section 99 of the Traffic Act, save that for the purpose of these Regulations a licence shall remain in force notwithstanding that it is—
- (i) surrendered to the Secretary of State or is revoked otherwise than by notice under section 93(1) or (2) of the Traffic Act (revocation because of disability or prospective disability), or
- (ii) treated as revoked by virtue of section 37(1) of the Offenders Act, and
- (b) a reference to the expiry of a licence is a reference to the time at which it ceases to be so in force (and “expired" shall be construed accordingly).
- (3) Except where otherwise expressly provided, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations, and any reference to a numbered paragraph (otherwise than as part of a reference to a numbered regulation) is a reference to the paragraph bearing that number in the regulation or Schedule in which the reference occurs.
- (4) Where a statement or certificate (but not a distinguishing mark specified in regulation 16) is required under these Regulations to be in a form prescribed herein, the reference is to a certificate or statement in that form (or as nearly in that form as circumstances permit), adapted to the circumstances of the case and duly completed and signed where required.
- (5) For the purposes of section 97(3)(d) of the Traffic Act and these Regulations the date of first use of a motor bicycle means—
- (a) except in a case to which paragraph (b) applies, the date on which it was first registered under the Roads Act 1920, the Vehicles (Excise) Act 1949 , the Vehicles (Excise) Act 1962 or the Vehicles (Excise) Act 1971 ;
- (b) in the case of a motor bicycle which was used in any of the following circumstances before the date on which it was first registered, namely:—
- (i) where the bicycle was used under a trade licence as defined in section 16 of the Vehicles (Excise) Act 1971, otherwise than for the purposes of demonstration or testing or of being delivered from premises of the manufacturer by whom it was made, or of a distributor of vehicles or dealer in vehicles to premises of a distributor of vehicles, dealer in vehicles or purchaser thereof, or to premises of a person obtaining possession thereof under a hiring agreement or hire purchase agreement,
- (ii) where the bicycle belonged to the Crown and is or was used or appropriated for use for naval, military or air force purposes,
- (iii) where the bicycle belonged to a visiting force or a headquarters or defence organisation to which the Visiting Forces and International Headquarters (Application of Law) Order 1965 applied,
- (iv) where the bicycle had been used on roads outside Great Britain and was imported into Great Britain, or
- (v) where the bicycle had been used otherwise than on roads after being sold or supplied by retail and before being registered,
the date of manufacture of the bicycle.
- (6) In paragraph (5)(b)(v) “sold or supplied by retail" means sold or supplied otherwise than to a person acquiring solely for the purpose of re-sale or re-supply for a valuable consideration.
Meaning of “theory test”
3A
- (1) In these Regulations, “theory test” means—
- (a) where a test is to be conducted, by virtue of regulation 40(2A), in two parts, the part, described in regulation 40(2A)(a), which consists of the standard test of driving theory and the standard test of hazard perception; ...
- (aa) where a test is to be conducted, by virtue of regulation 40(1A), in three parts, the part, described in regulation 40(1A)(a), which consists of the standard test of driving theory and the standard test of hazard perception; ...
- (ab) the part of a test which consists of the abridged standard test of driving theory and the standard test of hazard perception where the test is to be conducted in—
- (i) three parts by virtue of regulation 40(2B); or
- (ii) two parts by virtue of regulation 40(2C); and
- (b) in any other case, each of the large vehicle test of driving theory and the large vehicle test of hazard perception.
- (2) Any reference in these Regulations to a “theory test” includes such a test conducted as part of an extended driving test.
PART II — LICENCES
Categories of entitlement
Classification of vehicles
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- (1) Subject to regulations 5 and 78, the Secretary of State shall grant licences authorising the driving of motor vehicles in accordance with—
- (a) the categories and sub-categories specified in column (1) and defined in column (2) of Parts 1 to 3 and 5 and 6 of Schedule 2;
- (b) the former categories and former sub-categories specified in column (1) and defined in column (2) of Part 4 of Schedule 2, other than former category P and former sub-category B1;
- (c) the class defined in column (2) of Part 4 of Schedule 2 opposite former sub-category B1 specified in column (1); and
- (d) the class defined in column (2) of Part 4 of Schedule 2 opposite former category P specified in column (1).
- (2) The categories and sub-categories referred to in paragraph (1)(a) and (b), other than former category P and former sub-category B1, are designated as groups for the purposes of section 89(1)(b) of the Traffic Act.
- (3) In these Regulations, expressions relating to vehicle categories have the following meanings—
- (a) save for references to a former category or a former sub-category, any reference to a category or sub-category identified by letter, number or word or by any combination of letters, numbers and words is a reference to the category or sub-category defined in column (2) of Schedule 2 opposite that letter or combination in column (1) of the Schedule,
- (b) “sub-category” means, in relation to category A, B, C, C+E, D or D+E, a class of vehicles comprising part of the category and identified as a sub-category in column (2) of Schedule 2,
- (c) unless the context otherwise requires, a reference to a category includes a reference to sub-categories of that category,
- (d) save for references to “former sub-category B1”, “former category N” or “former category P”, a reference to a former category or a former sub-category identified by letter, number or word or by any combination of letters, numbers and words is a reference to the former category or former sub-category defined in column (2) of Part 4 of Schedule 2 opposite the letter or combination in column (1),
- (e) “former sub-category B1” means a class of vehicle having three or four wheels and an unladen weight not exceeding 550 kilograms,
- (f) “former category N” means vehicles which were exempted from vehicle excise duty under section 7(1) of the Vehicle (Excise) Act 1971, and
- (g) “former category P” means a class of vehicle having fewer than four wheels, a maximum design speed not exceeding 50 kilometres per hour and, if propelled by an internal combustion engine, a cylinder capacity not exceeding 50 cubic centimetres.
Classes for which licences may be granted
5
- (1) A licence authorising the driving of motor vehicles of a class included in a category or sub-category shown in Part 1 of Schedule 2 may be granted to a person who is entitled thereto by virtue of—
- (a) holding or having held a full licence, a full Northern Ireland licence, full British external licence, full British Forces licence, exchangeable licence or Community licence authorising the driving of vehicles of that class, or
- (b) having passed a test for a licence authorising the driving of motor vehicles of that class or a Northern Ireland or Gibraltar test corresponding to such a test.
- (2) A licence authorising the driving of motor vehicles of a class included in any category or sub-category shown in Part 2 of Schedule 2 may not be granted to a person unless, at a time before 1st January 1997—
- (a) in the case of a person applying for a full licence,—
- (i) he held a full licence authorising the driving of motor vehicles of that class or a class which by virtue of these Regulations corresponds to a class included in that category or sub-category, or
- (ii) he passed a test which at the time it was passed authorised the driving of motor vehicles of such a class or a Northern Ireland test corresponding to such a test;
- (b) in the case of a person applying for a provisional licence, he held a provisional licence authorising the driving of vehicles of that class or a class which by virtue of these Regulations corresponds to a class included in that category or sub-category.
- (3) A licence authorising the driving of motor vehicles included in sub-category B1 (invalid carriages), which are specified in Part 3 of Schedule 2, may not be granted to a person unless, at a time before 12th November 1999—
- (a) in the case of a person applying for a full licence, he held a full licence authorising the driving of motor vehicles included in sub-category B1 (invalid carriages) or a class of motor vehicles which by virtue of these Regulations corresponds to vehicles included in that sub-category, or
- (b) in the case of a person applying for a provisional licence, he held a provisional licence authorising the driving of motor vehicles included in sub-category B1 (invalid carriages) or a class of motor vehicles which by virtue of these Regulations corresponds to vehicles included in that sub-category.
- (4) A licence authorising the driving of motor vehicles of a class shown in column (2) of Part 4 of Schedule 2 opposite a former category or former sub-category (as the case may be) shown in column (1) of that part of that Schedule may not be granted to a person unless, before 19th January 2013, that person held a licence authorising the driving of motor vehicles of that class or passed a test for a licence authorising the driving of motor vehicles of that class.
- (5) Subject to paragraph (5A), a licence authorising the driving of category Q vehicles may not be granted to a person unless that person is entitled—
- (a) in accordance with paragraph (1), to be granted a full licence authorising the driving of motor vehicles of a class included in category AM, A or B; or
- (b) in accordance with paragraph (4), to be granted a full licence authorising the driving of category P vehicles.
- (5A) A provisional licence may be granted for a class included in category AM, A or B which includes authorisation to drive an electric scooter being used in a trial.
- (6) A licence authorising the driving of motor vehicles of a class included in category B96, which are specified in Part 6 of Schedule 2, may be granted to a person who is entitled thereto by virtue of holding, or having held, a Community licence authorising the driving of that class.
Competence to drive classes of vehicle: general
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- (1) Where a person holds, or has held, a relevant full licence authorising him to drive vehicles included in any category or, as the case may be, sub-category he is deemed competent to drive—
- (a) vehicles of all classes included in that category or sub-category unless by that licence he is or was authorised to drive—
- (i) only motor vehicles of a specified class within that category or sub-category, in which case he shall be deemed competent to drive only vehicles of that class, or
- (ii) only motor vehicles adapted on account of a disability, in which case he shall be deemed competent to drive only such classes of vehicle included in that category or sub-category as are so adapted (and for the purposes of this paragraph, a three-wheeled moped, a light quadricycle, a motor tricycle or a motor bicycle with a side-car may be treated in an appropriate case as a motor vehicle adapted on account of a disability),
and
- (b) all classes of vehicle included in any other category or sub-category which is specified in column (3) of Schedule 2 as an additional category or sub-category in relation to that category or sub-category unless by that licence he is or was authorised to drive—
- (i) only motor vehicles having automatic transmission, in which case he shall, subject to paragraph (2), be deemed competent to drive only such classes of motor vehicle included in the additional category or sub-category as have automatic transmission, or
- (ii) only motor vehicles adapted on account of a disability, in which case he shall be deemed competent to drive only such classes of vehicle included in the additional category or sub-category as are so adapted.
- (2) Where the additional category is F, K or AM, paragraph (1)(b)(i) shall not apply.
- (2A) Where a relevant full licence authorises the driving of vehicles included in category B and the additional category is category Q or AM, the holder is not deemed competent to drive category Q vehicles or vehicles in category AM unless the licence authorises the driving of such vehicles in accordance with regulation 43(3) and (5).
- (2B) Where a person holds a relevant provisional licence, the holder is authorised to drive an electric scooter being used in a trial.
- (3) In this regulation and regulations 7 and 8, “relevant full licence” means a full licence granted under Part III of the Traffic Act, a full Northern Ireland licence or a Community licence.
- (4) In this regulation, “relevant provisional licence” means a provisional licence granted under Part III of the Traffic Act, a full Northern Ireland licence or a Community licence.
Competence to drive classes of vehicle: special cases
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- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) A person who holds a relevant full licence authorising the driving of vehicles included in category D, other than vehicles included in sub-category D1 or D1 (not for hire or reward), may drive a passenger-carrying vehicle recovery vehicle unless by that licence he is authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only passenger-carrying vehicle recovery vehicles having automatic transmission.
- (3) A person may drive an incomplete large vehicle—
- (a) having a working weight exceeding 3.5 tonnes but not exceeding 7.5 tonnes if he holds a relevant full licence authorising the driving of vehicles in sub-category C1, or
- (b) having a working weight exceeding 7.5 tonnes if he holds a relevant full licence authorising the driving of vehicles in category C, other than vehicles in sub-category C1,
unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only incomplete large vehicles of the appropriate weight specified in paragraph (a) or (b) which have automatic transmission.
- (4) A person who holds a relevant full licence authorising the driving of vehicles included in category B, other than vehicles in former sub-category B1 or sub-category and B1 (invalid carriages), may drive—
- (a) an exempted goods vehicle other than—
- (i) a passenger-carrying vehicle recovery vehicle, or
- (ii) a mobile project vehicle,
- (b) an exempted military vehicle, and
- (c) a passenger-carrying vehicle in respect of which the conditions specified in regulation 50(2) or (3) are satisfied,
unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only such of the vehicles mentioned in sub-paragraphs (a), (b) and (c) as have automatic transmission.
- (5) A person who—
- (a) holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in former sub-category B1 or sub-category B1 (invalid carriages),
- (b) has held that licence for an aggregate period of not less than 2 years, and
- (c) is aged 21 or over,
may drive a mobile project vehicle on behalf of a non-commercial body—
- (i) to or from the place where the equipment it carries is to be, or has been, used, or the display or exhibition is to be, or has been, mounted, or
- (ii) to or from the place where a mechanical defect in the vehicle is to be, or has been, remedied, or
- (iii) in such circumstances that by virtue of paragaph 22 of Schedule 2 to the Vehicle Excise and Registration Act 1994 the vehicle is not chargeable with duty in respect of its use on public roads,
unless by that licence he is authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only mobile project vehicles having automatic transmission.
- (6) A person who—
- (a) holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in former sub-category B1 or sub-category B1 (invalid carriages),
- (b) has held that licence for an aggregate period of not less than 2 years,
- (c) is aged 21 or over,
- (d) if he is aged 70 or over, is not suffering from a relevant disability in respect of which the Secretary of State would be bound to refuse to grant him a Group 2 licence, and
- (e) receives no consideration for so doing, other than out-of pocket expenses,
may drive, on behalf of a non-commercial body for social purposes but not for hire or reward, a vehicle of a class included in sub-category D1 which has no trailer attached and has a maximum authorised mass—
- (i) not exceeding 3.5 tonnes, excluding any part of that weight which is attributable to specialised equipment intended for the carriage of disabled passengers, and
- (ii) not exceeding 4.25 tonnes otherwise,
unless such a person is by that licence authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only such vehicles in sub-category D1 as conform to the above specification and have automatic transmission.
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) A person who holds a licence authorising the driving of vehicles included in category B and who has, before 1st February 2001, passed a test (or a Northern Ireland test of competence corresponding to such a test) for such a licence may drive a category P vehicle unless the test or, as the case may be, the practical test was passed on a motor vehicle which was adapted on account of a disability of the person taking the test in which case the person is authorised to drive only such category P vehicles as are so adapted.
- (9) Where a person holds a full licence issued before 19th January 2013 authorising the driving of vehicles included in category A, that licence shall not in addition authorise the driving of vehicles in former sub-category B1 unless that person passed the test in respect of that licence (or a Northern Ireland test of competence corresponding to that test) before 1st February 2001.
- (10) A person who holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in former sub-category B1, sub-category B1 or sub-category B1 (invalid carriages) and is aged 21 or over may drive an A3 motor tricycle.
- (11) A person who holds a relevant full licence authorising the driving of vehicles included in category B, other than vehicles in former sub-category B1, sub-category B1 or sub-category B1 (invalid carriages), may drive—
- (a) a zero-emission vehicle of a class that would be included within category B but for its maximum authorised mass exceeding 3.5 tonnes, provided that it is not a mobile project vehicle and has a maximum authorised mass—
- (i) not exceeding 4.25 tonnes, excluding any part of that weight which is attributable to specialised equipment intended for the carriage of disabled passengers, and
- (ii) not exceeding 5 tonnes otherwise;
- (b) a zero-emission vehicle and trailer combination which has a maximum authorised mass not exceeding 7 tonnes, comprising—
- (i) a zero-emission vehicle referred to in sub-paragraph (a), and
- (ii) a trailer which has a maximum authorised mass not exceeding 3.5 tonnes;
- (c) a zero-emission vehicle of a class included in sub-category D1 and which has a maximum authorised mass not exceeding 4.25 tonnes, excluding any part of that weight which is attributable to specialised equipment intended for the carriage of disabled passengers, and not exceeding 5 tonnes otherwise, provided—
- (i) that person has held that licence for an aggregate period of not less than 2 years,
- (ii) that person is aged 21 or over,
- (iii) that person, if aged 70 or over, is not suffering from a relevant disability in respect of which the Secretary of State would be bound to refuse to grant them a Group 2 licence,
- (iv) that person is driving the zero-emission vehicle on behalf of a non-commercial body for social purposes but not for hire or reward,
- (v) that person receives no consideration for so doing, other than out-of-pocket expenses,
- (vi) that the zero-emission vehicle has no trailer attached, and
- (vii) if the person is by that licence authorised to drive only vehicles having automatic transmission, that person shall be deemed competent to drive only such zero-emission vehicles in sub-category D1 as conform to the above specification and have automatic transmission.
- (12) For the purposes of this regulation—
- (a) when a person drives a zero-emission vehicle of a kind specified in paragraph (11)(a) or (b) which is a “medium-sized goods vehicle” or “other motor vehicle” for the purposes of section 101 of the Traffic Act (disqualification of persons under age), that section has effect as if, for the ages specified in the Table in that section in respect of “medium sized goods vehicle” and “other motor vehicle”, there were substituted the age “17”, and
- (b) “zero-emission vehicle” means a vehicle without an internal combustion engine, or with an internal combustion engine that has emissions of CO2 of zero grams per kilometre.
Competence to drive classes of vehicle: dual purpose vehicles
8
- (1) Subject to paragraph (2), a person who is a member of the armed forces of the Crown may drive a dual purpose vehicle when it is being used to carry passengers for naval, military or air force purposes—
- (a) where the vehicle has a maximum authorised mass not exceeding 3.5 tonnes, if he holds a relevant full licence authorising the driving of vehicles included in category B other than vehicles in former sub-category B1 or sub-category B1 (invalid carriages),
- (b) where the vehicle has a maximum authorised mass exceeding 3.5 tonnes but not exceeding 7.5 tonnes, if he holds a relevant full licence authorising the driving of vehicles included in sub-category C1,
- (c) in any other case, if he holds a relevant full licence authorising the driving of vehicles included in category C other than vehicles in sub-category C1.
- (2) Where the person is authorised by his licence to drive only motor vehicles included in the relevant category or sub-category having automatic transmission, he may drive only dual purpose vehicles having automatic transmission.
Minimum ages for holding or obtaining licences
Minimum ages for holding or obtaining licences
9
- (1) Subsection (1) of section 101 of the Traffic Act shall have effect as if for the classes of vehicle and the ages specified in the Table in that subsection there were substituted classes of vehicle and ages in accordance with the following provisions of this regulation.
- (1A) In item 2 (moped), for the class of moped there is substituted the classes of a vehicle in category AM (moped and light quadricycle) and a category Q vehicle.
- (2) In item 3 (motor bicycle)—
- (a) subject to paragraphs (2A) to (2F), for the class of motor bicycle and the age of 17 there is substituted, in respect of full licences, the following—
| 3(1) A1 motorcycle or A1 motor tricycle | 17 |
|---|---|
| 3(2) A2 motorcycle | 19 |
| 3(3) A3 motorcycle | 24 |
| 3A A3 motor tricycle | 24 |
- (b) subject to paragraph (2G), in relation to the class of motor bicycle there is, in respect of provisional licences, substituted for the age of 17 the age of 24.
- (2A) For the age of 17 in relation to item 3(1) in the table in paragraph (2)(a) there is substituted the age of 16 in the case of a person holding a Community licence authorising the driving of vehicles in sub-category A1.
- (2B) For the age of 19 in relation to item 3(2) in the table in paragraph 2(a) there is substituted the age of 18 in the case of a person holding a Community licence authorising the driving of vehicles in sub-category A2.
- (2C) For the age of 19 in relation to item 3(2) and the age of 24 in relation to item 3(3) in the table in paragraph 2(a) there is substituted the age of 17 where a person passed a test before 19th January 2013 in respect of a motor bicycle (other than a motor bicycle with an engine the maximum net power output of which is 11 kilowatts or less) and the standard access period has expired.
- (2D) For the age of 19 in relation to item 3(2) in the table in paragraph 2(a) there is substituted the age of 17 in a case where the vehicle is—
- (a) owned or operated by the Secretary of State for Defence, or
- (b) being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown,
- and is being used for naval, military or air force purposes.
- (2E) For the age of 24 in relation to item 3(3) in the table in paragraph 2(a) there is substituted—
- (a) the age of 21 in a case where a person has, for a period of not less than two years, held a full licence which authorises the driving of A2 motorcycles;
- (b) the age of 20 in the case of a person holding a Community licence authorising the driving of vehicles in sub-category A3; and
- (c) the age of 17 in a case where—
- (i) the vehicle is being used for naval, military or air force purposes and is—
- (aa) owned or operated by the Secretary of State for Defence; or
- (bb) being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown; or
- (ii) a person—
- (aa) passes an appropriate driving test after 18th January 2013 on a vehicle of a class in category B or sub-category A2 or A3; and
- (bb) was entitled, before 19th January 2013, to a licence to drive a motor bicycle with an engine having a maximum net power output exceeding 25 kilowatts or a power to weight ratio exceeding 0.16 kilowatts per kilogram.
- (2F) For the age of 24 in relation to item 3A in the table in paragraph 2(a) there is substituted—
- (a) the age of 21 in a case where a person has, for a period of not less than two years, held a full licence which authorises the driving of A2 motorcycles;
- (b) the age of 17 in a case where—
- (i) the vehicle is—
- (aa) owned or operated by the Secretary of State for Defence, or
- (bb) being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown,
and is being used for naval, military or air force purposes; or
- (ii) the person was, before 19th January 2013, entitled to drive vehicles having three or four wheels and an unladen weight not exceeding 550 kilograms.
- (2G) For the age of 24 as substituted by paragraph 2(b) there is substituted—
- (a) the age of 21 in the case of a provisional licence for the driving of A3 motorcycles where a person has, for a period of not less than two years, held a full licence which authorises the driving of A2 motorcycles;
- (b) the age of 19 in the case of a provisional licence which is restricted to the driving of A2 motorcycles;
- (c) the age of 17 where a person has passed a test before 19th January 2013 in respect of a motor bicycle (other than a motor bicycle with an engine the maximum net power output of which is 11 kilowatts or less) and the standard access period has expired;
- (d) the age of 17 in the case of a provisional licence which is restricted to the driving of A1 motorcycles; and
- (e) the age of 17 in a case where the vehicle is—
- (i) owned or operated by the Secretary of State for Defence; or
- (ii) being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown,
and is being used for naval, military or air force purposes.
- (3) In item 4 (agricultural and forestry tractors), in the case of an agricultural or forestry tractor which—
- (a) is so constructed that the whole of its weight is transmitted to the road surface by means of wheels,
- (b) has an overall width not exceeding 2.45 metres, and
- (c) is driven either—
- (i) without a trailer attached to it, or
- (ii) with a trailer which has an overall width not exceeding 2.45 metres and is either a two-wheeled or close-coupled four-wheeled trailer,
the age of 16 is substituted for the age of 17 in the case of a person who has passed a test prescribed in respect of category F, or is proceeding to, taking or returning from, such a test.
- (3A) In item 5 (small vehicle) the class of small vehicles except motor tricycles and light quadricycles is substituted for the class of small vehicle.
- (4) In item 5, the age of 16 is substituted for the age of 17 in the case of a small vehicle driven without a trailer attached where the driver of the vehicle is a person —
- (a) who fulfils the requirements set out in paragraph (4A); ...
- (aa) who fulfils the requirements set out in paragraph (4B); or
- (b) who is in receipt of personal independence payment under Part 4 of the Welfare Reform Act 2012 which includes the mobility component at the enhanced rate in pursuance of section 79 of that Act ; or
- (c) who is in receipt of disability assistance for working age people which includes the mobility component at the enhanced rate in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018.
- (4A) The requirements referred to in paragraph (4)(a) are—
- (a) the person has received an award of the higher rate component of the disability living allowance made in pursuance of section 73 of the Social Security Contributions and Benefits Act 1992; and
- (b) the award mentioned in sub-paragraph (a) was in force immediately before the 16th birthday of that person; and
- (c) the person has made a claim for personal independence payment under Part 4 of the Welfare Reform Act 2012.
- (4B) The requirements referred to in paragraph (4)(aa) are—
- (a) the person has received an award of the mobility component of disability assistance for children and young people, at the higher rate, in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018, and
- (b) the award mentioned in sub-paragraph (a) was in force immediately before the 16th birthday of that person.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) In item 7, the age of 18 is substituted for the age of 21 in relation to a motor vehicle of a class included in category C or C+E where the person driving the vehicle —
- (a) has an initial qualification authorising him to drive motor vehicles of that class,
- (b) is using the vehicle as described in regulation 3(2)(e) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007,
- (c) is authorised by such document as is referred to in regulation 4(5)(d) of those Regulations to drive motor vehicles of that class, or
- (d) by reason of being a person in relation to whom regulation 4(7) of those Regulations applies, is not required to have an initial qualification as described in sub-paragraph (a).
- (8) In item 7, the age of 18 is substituted for the age of 21 in relation to a motor vehicle of a class included in category C or C+E where the vehicle is being used by the fire service or for maintaining public order or is undergoing road tests for repair or maintenance purposes.
- (8A) In item 7, the age of 18 is substituted for the age of 21 in the case of a motor vehicle and trailer combination which is in sub-category C1+E and the maximum authorised mass of the combination does not exceed 12 tonnes.
- (8B) Subject to paragraphs (9) and (9B), in item 7 the age of 24 is substituted for the age of 21 in relation to a motor vehicle of a class included in category D or D+E, other than sub-category D1 or D1+E, save—
- (a) where the vehicle is being used by the fire service or for maintaining public order or is undergoing road tests for repair or maintenance purposes; or
- (b) in respect of a person under the age of 24 who was entitled to a licence to drive a vehicle of that class before 19th January 2013.
- (9) In item 7, the age of 18 is substituted for the age of 21 in relation to a motor vehicle of a class included in category D or D+E, other than sub-category D1 or D1+E, where the person driving the vehicle —
- (a) has an initial qualification authorising him to drive motor vehicles of that class and is either —
- (i) engaged in the carriage of passengers on a regular service over a route which does not exceed 50 kilometres, or
- (ii) not engaged in the carriage of passengers,
- (b) is using the vehicle as described in regulation 3(2)(e) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007,
- (c) is authorised by such document as is referred to in regulation 4(5)(d) of those Regulations to drive motor vehicles of that class, or
- (d) by reason of being a person in relation to whom regulation 4(7) of those Regulations applies, is not required to have an initial qualification relating to motor vehicles of that class.
- (9A) In item 7, the age of 18 is substituted for the age of 21 in relation to a motor vehicle of a class included in sub-category D1 or D1+E where the person driving the vehicle —
- (a) has an initial qualification authorising him to drive motor vehicles of that class,
- (b) is using the vehicle as described in regulation 3(2)(e) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007,
- (c) is authorised by such document as is referred to in regulation 4(5)(d) of those Regulations to drive motor vehicles of that class, or
- (d) by reason of being a person to whom regulation 4(7) of those Regulations applies, is not required to have an initial qualification relating to motor vehicles of that class.
- (9B) In item 7, the age of 20 is substituted for the age of 21 in relation to a motor vehicle of a class include in category D or D+E, other than sub-category D1 or D1+E, where the person driving the vehicle —
- (a) has an initial qualification authorising him to drive motor vehicles of that class, and
- (b) is engaged in the carriage of passengers otherwise than on such a service as is described in paragraph (9)(a)(i).
- (10) In items 6 and 7, the age of 17 is substituted for the ages of 18 and 21 respectively in the case of—
- (a) motor vehicles owned or operated by the Secretary of State for Defence, or
- (b) motor vehicles driven by persons for the time being subject to the orders of a member of the armed forces of the Crown,
when they are being used for naval, military or air force purposes.
- (11) In item 7, in the case of an incomplete large vehicle—
- (a) which has a working weight not exceeding 3.5 tonnes, the age of 17 is substituted for the age of 21;
- (b) which has a working weight exceeding 3.5 tonnes but not exceeding 7.5 tonnes, the age of 18 is substituted for the age of 21.
- (12) 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.
- (13) In this regulation—
- (a) for the purposes of paragraph (3)—
- (i) any implement fitted to a tractor shall be deemed to form part of the tractor notwithstanding that it is not a permanent or essentially permanent fixture,
- (ii) “closed-coupled", in relation to wheels on the same side of a trailer, means fitted so that at all times while the trailer is in motion the wheels remain parallel to the longitudinal axis of the trailer and that the distance between the centres of their respective areas of contact with the road surface does not exceed 840 millimetres, and
- (iii) “overall width", in relation to a vehicle, means the width of the vehicle measured between vertical planes parallel to the longitudinal axis of the vehicle and passing through the extreme projecting points thereof exclusive of any driving mirror and so much of the distortion of any tyre as is caused by the weight of the vehicle;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) in paragraphs (7), (9), (9A) and (9B), “initial qualification” means “initial CPC or Swiss initial CPC” within the meaning of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007;
- (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; and
- (f) in the calculation of the period of time for which a licence has been held there shall be disregarded any deductible period.
Applications for licences
Applications for the grant of licences: general
10
- (1) The Secretary of State may consider an application for the grant of a licence before the date on which the grant of the licence is to take effect if the application is received by him—
- (a) in the case of an application for a Group 2 licence, during the period of three months ending on that date,
- (b) in any other case, during the period of two months ending on that date,
and may during such period grant the licence so that it takes effect on that date.
- (2) For the purposes of subsection (1A)(b) of section 89 of the Traffic Act the holder of an exchangeable licence satisfies the relevant residence requirement if he has been normally resident in Great Britain for a period of not more than five years.
- (3) An applicant for a licence who before the licence is granted is required to satisfy the Secretary of State that he has passed a test shall at the time when he applies for the licence deliver to the Secretary of State—
- (a) a valid test pass certificate, or
- (b) a certificate corresponding to that certificate furnished under the law of Northern Ireland or Gibraltar.
- (4) A person may not present a certificate in support of an application as evidence that he has passed—
- (a) a test or a theory test, or
- (b) a test corresponding to any of those tests conducted under the law of Northern Ireland or the law of Gibraltar,
if the applicant took the test in respect of which the certificate was issued at a time when he was ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations or a corresponding provision of the law of Northern Ireland or the law of Gibraltar, to take the test to which the certificate relates.
- (5) An applicant for a Group 2 licence shall, if required to do so by the Secretary of State, submit in support of his application a report (in such form as the Secretary of State may require) signed by a qualified medical practitioner, prepared and dated not more than four months prior to the date on which the licence is to take effect, for the purpose of satisfying the Secretary of State that he is not suffering from a relevant or prospective disability.
Eligibility to apply for provisional licence
11
- (1) Subject to the following provisions of this regulation, an applicant for a provisional licence authorising the driving of motor vehicles of a class included in a category or sub-category specified in column (1) of the table at the end of this regulation must hold a relevant full licence authorising the driving of motor vehicles of a class included in the category or sub-category specified in column (2) of the table in relation to the first category.
- (2) Paragraph (1) shall not apply in the case of an applicant who is a full-time member of the armed forces of the Crown.
- (3) For the purposes of paragraph (1), a licence authorising the driving only of vehicles in sub-categories D1 (not for hire or reward), D1+E (not for hire or reward) and C1+E (8.25 tonnes) shall not be treated as a licence authorising the driving of motor vehicles of a class included in sub-categories D1, D1+E and C1+E.
- (4) In this regulation, “relevant full licence" means a full licence granted under Part III of the Traffic Act, a full Northern Ireland licence, a full British external licence (other than a licence which is to be disregarded for the purposes of section 89(1)(d) of the Traffic Act by virtue of section 89(2)(c) of that Act ), a full British Forces licence, an exchangeable licence or a Community licence.
| (1) | (2) |
|---|---|
| Category or sub-category of licence applied for | Category/sub-category of full licence required |
| . . . | . . . |
| C | B |
| C1 | B |
| D | B |
| D1 | B |
| C1+E | B |
| C+E | B |
| D1+E | B |
| D+E | B |
| G | B |
| H | B |
Restrictions on the grant of large goods and passenger-carrying vehicle driver’s licences
12
- (1) An applicant for a large goods or passenger-carrying vehicle driver’s licence shall not, subject to paragraph (2), be granted a licence if, at the date from which the licence applied for is to take effect, any—
- (a) large goods or passenger-carrying vehicle driver’s licence held by him is suspended, or
- (b) Northern Ireland large goods or passenger-carrying vehicle driver’s licence held by him is suspended,
under section 115 of the Traffic Act or, as the case may be, under the provision of the law for the time being in force in Northern Ireland corresponding to that enactment.
- (2) A person may apply for a large goods vehicle driver’s licence notwithstanding that, at the date from which the licence applied for is to take effect, any passenger-carrying vehicle driver’s licence held by him is suspended and such suspension relates to his conduct other than as a driver of a motor vehicle.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) An applicant for a large goods vehicle driver’s licence which would be in force for a period during the whole or part of which the applicant would be under the age of 21 must not be a person who has—
- (a) been convicted (or is, by virtue of section 58A of the Offenders Act , to be treated as if he had been convicted) of an offence as a result of which at least four penalty points fall to be taken into account under section 29 of the Offenders Act , 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.
Restrictions on the grant of provisional licences to drive motor bicycles
13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fees for licences
14
- (1) An applicant for a licence shall pay a fee (if any) determined in accordance with paragraphs (2) and (3).
- (2) The fee payable upon an application for a licence shall, in the case of a licence of a description, and (as the case may be) in the circumstances, specified in column (1) of the table set out in Schedule 3, be the fee specified in relation to that licence in column (2) of that table.
- (3) When an application is made for a licence which, but for this paragraph, would attract more than one fee, only one fee shall be paid and where the fees are different, that fee shall be the higher or the highest of them.
Provisional licences
Duration of provisional licences authorising the driving of motor bicycles
15
- (1) Subject to paragraph (2), there is prescribed for the purposes of section 99(2) of the Traffic Act—
- (a) a motor bicycle of any class, and
- (b) the same period as is provided by section 99(1) of the Traffic Act in relation to a licence to which section 99(1) applies.
- (2) There are prescribed for the purposes of section 99(2)(b)(ii) of that Act the circumstances that—
- (a) the previous licence was surrendered or revoked, otherwise than under subsection (3) or (4) of section 99 of the Traffic Act, or treated as being revoked under section 37(1) of the Offenders Act,
- (b) if it has not been so surrendered or revoked, a period of at least one month, commencing on the date of surrender or revocation, would have elapsed before the previous licence would have expired, and
- (c) the licence when granted would come into force within the period of one year beginning on the date of surrender or revocation of the previous licence.
Restrictions on provisional licences: two-wheeled vehicles
15A
- (1) A provisional licence granted in respect of a vehicle in category AM or A shall be restricted to such vehicles as have no more than two wheels save where the applicant declares that they are suffering from a relevant disability of such a nature that they are unable to ride a vehicle which has two wheels.
- (2) A provisional licence granted in respect of a vehicle with two wheels shall be restricted to vehicles of a class within category AM or A.
Conditions attached to provisional licences
16
- (1) A provisional licence of any class is granted subject to the conditions prescribed in relation to a licence of that class in the following paragraphs.
- (2) Subject to the following paragraphs, the holder of a provisional licence shall not drive a vehicle of a class which he is authorised to drive by virtue of that licence—
- (a) otherwise than under the supervision of a qualified driver , or driving instructor, who is present with him in or on the vehicle,
- (b) unless a distinguishing mark in the form set out in Part 1 of Schedule 4 is displayed on the vehicle in such manner as to be clearly visible to other persons using the road from within a reasonable distance from the front and from the back of the vehicle, or
- (c) while it is being used to draw a trailer.
- (3) The condition specified in paragraph (2)(a) shall not apply when the holder of the provisional licence—
- (a) is driving a motor vehicle constructed to carry only one person which is not adapted to carry more than one person and is a vehicle in sub-category B1 (invalid carriages), a motor tricycle, a motor vehicle having four wheels and an unladen weight not exceeding 550 kilograms or a motor vehicle of a class included in category F, G, H or K;
- (aa) is driving a motor vehicle of a class included in former sub-category B1 which is adapted to carry only one person and has at any time between 1st August 2002 and 1st March 2003, had the use of an NHS invalid carriage that was issued to him by reason of his having a relevant disability.
- (b) is riding a moped or a motor bicycle with or without a side-car , a category P vehicle or a category Q vehicle; or
- (c) is driving a motor vehicle, other than a vehicle of a class included in category C, C+E, D or D+E, on a road in an exempted island.
- (4) The condition specified in paragraph (2)(b) shall not apply—
- (a) when the holder of the provisional licence is driving a motor vehicle on a road in Wales, and
- (b) a distinguishing mark in the form set out in Part 2 of Schedule 4 is displayed on the motor vehicle in the manner described in paragraph (2)(b).
- (4A) When the holder of the provisional licence is driving an electric scooter being used in a trial the condition specified in paragraph 2(b) shall not apply.
- (5) The condition specified in paragraph (2)(c) shall not apply to the holder of a provisional licence authorising the driving of a vehicle of a class included in category ... C+E, D+E or F, in relation to motor vehicles of that class.
- (6) The holder of a provisional licence authorising the driving of—
- (a) a moped, ...
- (b) a motor bicycle with or without a side-car,
- (c) a category P vehicle, or
- (d) a category Q vehicle.
shall not drive such a vehicle while carrying on it another person.
- (7) The holder of a provisional licence authorising the driving of a motor bicycle other than an A1 motorcycle shall not drive such a vehicle otherwise than under the supervision of a certified direct access instructor... who is—
- (a) present with him on the road while riding another motor bicycle,
- (b) able to communicate with him by means of a radio which is not hand-held while in operation,
- (c) supervising only that person or only that person and another person who holds such a provisional licence, and
- (d) carrying a valid certificate issued in respect of him by the Secretary of State under regulation 65(4),
while he and the instructor are wearing apparel which is fluorescent or (during hours of darkness) is either fluorescent or luminous.
- (7A) The holder of a provisional licence authorising the driving of a moped or an A1 motorcycle shall not drive such a vehicle on a road when undergoing relevant training, unless the instructor giving the training is at all times—
- (a) present with the person holding the licence on the road while riding a two-wheeled vehicle in category AM or A or a category P vehicle or, if the instructor is suffering from a relevant disability of such a nature that they are unable to ride a two-wheeled vehicle, a three-wheeled vehicle in category AM or A, and
- (b) supervising only him or him and not more than 3 other persons each of whom holds such a provisional licence.
- (7B) In paragraph (7A)—
- (a) “relevant training” means training (otherwise than as part of an approved training course for motor cyclists) in how to drive a moped or learner motor cycle given by a professional instructor; and
- (b) “professional instructor” means an instructor paid money or money’s worth for giving such training.
- (8) The holder of a passenger-carrying vehicle driver’s provisional licence shall not drive a vehicle which he is authorised to drive by that licence while carrying any passenger in the vehicle other than—
- (a) the person specified in paragraph (2)(a), or
- (b) a person who holds a passenger-carrying vehicle driver’s licence and either is giving or receiving instruction in the driving of passenger-carrying vehicles, or has given or received or is to give or receive, such instruction.
- (9) The conditions specified in paragraphs (2)(a), (7) and (8) shall not apply when the holder of the provisional licence is undergoing a test.
- (10) The conditions specified in paragraphs (2), (6), (7) and (8) shall not apply in relation to the driving of motor vehicles of a class in respect of which the provisional licence holder has been furnished with a valid test pass certificate stating that he has passed a test for the grant of a licence authorising him to drive vehicles of that class.
- (11) 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.
- (11A) The holder of a disability assessment licence shall not drive a vehicle of a class which he is authorised to drive by virtue of the licence otherwise than during a period which—
- (a) commences with the beginning of such period prior to the taking of the disability assessment test required by a relevant notice as is specified in writing by the Secretary of State when serving that notice; and
- (b) ends with the completion of the test;
and, for these purposes, a “relevant notice” is a notice under section 94(5)(c) of the Traffic Act requiring the person to submit to a disability assessment test.
- (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (13) In this regulation—
- (za) “driving instructor” means a person whose name is entered in ... the register established under section 123 of the Traffic Act.
- (a) “exempted island" means any island outside the mainland of Great Britain from which motor vehicles, unless constructed or adapted specially for that purpose, cannot at any time be conveniently driven to a road in any other part of Great Britain by reason of the absence of any bridge, tunnel, ford or other way suitable for the passage of such motor vehicles but excluding any of the following islands, namely, the Isle of Wight, St. Mary’s (Isles of Scilly), the islands of Arran, Barra, Bute, Great Cumbrae, Islay, the island which comprises Lewis and Harris, Mainland Orkney, Mainland Shetland, Mull, the island which comprises North Uist, Benbecula and South Uist and Tiree;
- (aa) “NHS invalid carriage” means a motor vehicle included in sub-category B1 (invalid carriages) that is owned by the Department for Health;
- (b) “provisional licence", in relation to a class of vehicles, includes a full licence which is treated, by virtue of section 98 of the Traffic Act, as authorising its holder to drive vehicles of that class as if he held a provisional licence therefor;
- (c) “qualified driver" shall be interpreted in accordance with regulation 17.
Meaning of “qualified driver"
17
- (1) Subject to paragraphs (2) and (2A), 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 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.
- (2A) For the purposes of supervising the holder of a provisional licence driving a vehicle of a class included in sub-category C1, C1+E, D1 or D1+E (“the learner vehicle”) which the holder is authorised to drive by that licence, a person is not a qualified driver unless that person has, in addition to meeting the requirements specified in paragraph (1), passed a test in which the vehicle used in the practical test fell within the same sub-category as that of the learner vehicle , or such a person gained their entitlement to drive vehicles included in such sub-categories on or after 15th November 2021.
- (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, subject to sub-paragraph (d), a full licence authorising—
- (i) the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder, and
- (ii) where sub-paragraph (f) applies—
- (aa) where that class of vehicle is included within any sub-category specified in column 1 of the table at the end of this regulation, the driving of vehicles in the sub-category specified in column 2 which is opposite that sub-category, or
- (bb) where sub-paragraph (aa) does not apply, the driving of vehicles in the category specified in column 2 of that table which is opposite the category specified in column 1 that includes the class of vehicle being driven by the provisional licence holder;
- (d) in the case of a disabled driver who holds a licence authorising the driving of vehicles in category B, a relevant licence must authorise the driving of a quadricycle or vehicles in sub-category B1 (invalid carriages);
- (e) ... a person has relevant driving experience if—
- (i) where sub-paragraph (c)(i) only applies, he has held the relevant licence for a period of 3 years, or
- (ii) where sub-paragraph (c)(ii) applies, he has held the relevant licence authorising the driving of vehicles—
- (aa) of the same class as the vehicle being driven by the provisional licence holder for a minimum period of 1 year, and
- (bb) in the category or sub-category specified in column 2 described in sub-paragraph (c)(ii) for a minimum period of 3 years;
- (ea) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (f) this sub-paragraph applies where—
- (i) a person holds a full licence authorising the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder;
- (ii) that class is included in a category or sub-category specified in column 1 of the table at the end of this regulation, and
- (iii) that person has held that licence for less than a minimum period of 3 years;
- (g) for the purposes of sub-paragraphs (e) and (f), the minimum period of time for holding a full licence may be met either by holding that licence continuously for that period or for periods amounting in aggregate to not less than that period.
| Column 1 | Column 2 |
|---|---|
| Categories and sub-categories which include the vehicle being driven by the provisional licence holder | Categories and sub-categories authorised by the relevant licence |
| C | C + E, D and D + E |
| C1 | C1 + E, D1 and D1 + E |
| C+E | C and D + E |
| C1+E | C, C1, and D1 + E |
| D | C, C + E and D + E |
| D1 | C1, C1 + E and D1 + E |
| D+E | C + E and D |
| D1+E | C1 + E, D and D1 |
Conditions attached to provisional licences: holders of driving permits other than licences granted under Part III of the Traffic Act
18
A holder of a provisional licence authorising the driving of vehicles of any class who also holds a permit by virtue of which he is at any time—
- (a) treated, by virtue of regulation 80, as the holder, for the purposes of section 87 of the Traffic Act, of a licence authorising the driving of vehicles of that class, or
- (b) entitled, pursuant to article 2(1) of the Motor Vehicles (International Circulation) Order 1975 , to drive motor vehicles of that class,
need not comply with regulation 16 at that time.
Full licences and provisional entitlement
19
- (1) Sections 98(2) and 99A(5) of the Traffic Act shall apply in accordance with the following paragraphs.
- (2) Subject to paragraphs (3), (4), (5), (6), (11) and (12), the holder of a full licence which authorises the driving of motor vehicles of a class included in a category or sub-category specified in column (1) of the table at the end of this regulation may drive motor vehicles—
- (a) of other classes included in that category or sub-category, and
- (b) of a class included in each category or sub-category specified, in relation to that category or sub-category, in column (2) of the table,
save where he is the holder of a full licence which authorises the driving of motor vehicles of a class included in that category or sub-category, as if he were authorised by a provisional licence to do so.
- (3) Section 98(2) shall not apply to a full licence if it authorises the driving only of motor vehicles adapted on account of a disability, whether pursuant to an application in that behalf made by the holder of the licence or pursuant to a notice served under section 92(5)(b) of the Traffic Act.
- (4) Section 98(2) shall not authorise a person who has not passed a test of competence to drive a moped or a motor bicycle to drive a category P vehicle or a category Q vehicle other than an electric scooter being used in a trial.
- (4A) In the case of a full licence granted before 19th January 2013 which authorises the driving of a class of standard motor bicycles, other than motor bicycles with an engine the maximum net power output of which is 11 kilowatts or less, section 98(2) shall not apply so as to authorise the driving of an A3 motorcycle before the expiration of the standard access period.
- (4B) Section 98(2) shall not apply so as to authorise the driving, as if authorised by a provisional licence, of vehicles of any class included in category B96.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) In the case of a full licence which authorises the driving of a class of vehicles included in category C or C+E, paragraph (2) applies subject to the provisions of regulation 54.
- (7) Subject to paragraphs (8), (9), (10), (11) and (12), the holder of a Community licence to whom section 99A(5) of the Traffic Act applies and who is authorised to drive in Great Britain motor vehicles of a class included in a category or sub-category specified in column (1) of the Table at the end of this regulation may drive motor vehicles—
- (a) of other classes included in that category or sub-category, and
- (b) of a class included in each category or sub-category specified, in relation to that category or sub-category, in column (2) of the Table,
as if he were authorised by a provisional licence to do so.
- (8) Section 99A(5) shall not apply to a Community licence if it authorises the driving only of motor vehicles adapted on account of a disability.
- (9) In the case of a Community licence granted before 19th January 2013 which authorises the driving of a class of standard motor bicycle other than bicycles included in sub-category A1, section 99A(5) shall not apply so as to authorise the driving of an A3 motorcycle by a person under the age of 21 before the expiration of the period of two years commencing on the date when that person passed a test for a licence authorising the driving of that class of standard motor bicycle (and in calculating the expiration of that period, any period during which that person has been disqualified for holding or obtaining a licence shall be disregarded).
- (10) In the case of a Community licence which authorises the driving only of motor bicycles of a class included in sub-category A1 section 98(2) shall not apply so as to authorise the driving of an A3 motorcycle by a person under the age of 21.
- (11) Except to the extent provided in paragraph (12), section 98(2) shall not apply to a full licence, and section 99A(5) shall not apply to a Community licence, in so far as it authorises its holder to drive motor vehicles of any class included in category ... C+E, D+E or K or in sub-category B1 (invalid carriages), C1 or D1 (not for hire or reward).
- (12) A person—
- (a) who holds a full licence authorising the driving only of those classes of vehicle included in a category or sub-category specified in paragraph (11) which have automatic transmission (and are not otherwise adapted on account of a disability), or
- (b) who holds a Community licence, to whom section 99A(5) of the Traffic Act applies and who is authorised to drive in Great Britain only those classes of vehicle included in a category or sub-category specified in paragraph (11) which have automatic transmission (and are not otherwise adapted on account of a disability),
may drive motor vehicles of all other classes included in that category or sub-category which have manual transmission as if he were authorised by a provisional licence to do so.
| (1) Full licence held | (2) Provisional entitlement included |
|---|---|
| AM | A, B, F and K |
| A1 | A, B, F and K |
| A2 | A, B, F and K |
| A3 | B, F and K |
| B | A, ... G and H |
| C1 | None |
| C | C1+E, C+E |
| C1 + E | C, C + E |
| C + E | None |
| D1 | C1, C1 + E, C, C + E, D1 + E, D and D + E |
| D | C1, C1 + E, C, C + E, D1 + E and D + E |
| D1 + E | C1, C1 + E, C, C + E, D and D + E |
| D + E | C1, C1 + E, C, C + E |
| F | Q, AM and B |
| G | H |
| H | G |
Miscellaneous
Signatures on licences
20
In order that a licence may show the usual form of signature of its holder—
- (a) where the Secretary of State so requires, a person applying for a licence shall provide the Secretary of State with a specimen of his signature which can be electronically recorded and reproduced on the licence;
- (b) where no such requirement is made, a person to whom a licence is granted shall forthwith sign it in ink in the space provided.
Lost or defaced licences
21
- (1) If the holder of a licence—
- (a) satisfies the Secretary of State that—
- (i) the licence ... has been lost or defaced; and
- (ii) the holder is entitled to continue to hold the licence; and
- (b) pays the fee prescribed by regulation 14,
the Secretary of State shall, on the surrender of any licence that has not been lost, issue to him a duplicate licence and the duplicate so issued shall have the same effect as the original..
- (2) If at any time while a duplicate licence is in force the original licence is found, the person to whom the original licence was issued, if it is in his possession, shall return it to the Secretary of State, or if it is not in his possession, but he becomes aware that it is found, shall take all reasonable steps to take possession of it and if successful shall return it as soon as may be to the Secretary of State.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exchangeable licences
21A
- (1) Where an exchangeable licence is exchanged for a licence such an exchange must be recorded on the licence and on any subsequent renewal or replacement.
- (2) An exchange as described in paragraph (1) may only occur if the exchangeable licence has been surrendered to the Secretary of State.
Prohibition on holding more than one licence
21B
- (1) A person must not hold more than one licence.
- (2) In this regulation, “licence” includes a Northern Ireland licence and a Community licence.
- (3) In this regulation, “Community licence” does not include a document authorising the holder to drive a motor vehicle which was issued by a state before the date on which that state became a member State or the date on which that state became a party to the EEA agreement.
PART III — TESTS OF COMPETENCE TO DRIVE
Preliminary
Interpretation of Part III
22
In this Part of these Regulations—
- “applicant in person" means a person making an application for an appointment for a test or a part of a test with a view to taking the test or that part thereof himself;
- “appointed person” means—in the case of a safe road use test, a person appointed by the Secretary of State to conduct such a test under paragraph (1)(a) of regulation 22A; ...in the case of a theory test, a person appointed by the Secretary of State to conduct such a test under paragraph (1)(a)(ii) or (2)(a) of regulation 23; and in the case of a large vehicle off road manoeuvres test, a large vehicle off road manoeuvres test examiner;
- “the CPC subjects” means the list of subjects set out in section 1 of Annex I to Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No. 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC in so far as these subjects are not already covered by the matters specified in regulation 40C(5) in respect of a vehicle of the relevant class , reading point 2.1 of section 1 of Annex 1 as if the references to Regulations (EEC) No 3820/85 and (EEC) No 3821/85 were references to Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport and to Regulation (EU) No 165/2014 on tachographs in road transport;
- “DVSA examiner" means a person appointed by the Secretary of State to conduct manoeuvres tests, large vehicle off road manoeuvres tests, practical tests or unitary tests under paragraph (1)(a) or (2)(a) of regulation 24;
- “educational qualification” means—a qualification awarded by Qualifications Scotland pursuant to section 2(1) of the Education (Scotland) Act 2025;a qualification accredited by Qualifications Scotland pursuant to section 4(1) of the Education (Scotland) Act 2025;......a qualification which has been awarded or authenticated by an awarding body recognised for either of those purposes by the Office of Qualifications and Examinations Regulation (“Ofqual”) under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009 and, where that qualification is subject to the accreditation requirement under section 138 of that Act, which has been accredited by Ofqual under section 139 of that Act; ora qualification which has been awarded by a body in respect of the award of which it is recognised by Qualifications Wales under Part 3 of the Qualifications Wales Act 2015;
- “excepted matters” means the matters falling within Schedule 7, Part 2, section B paragraph 2, section C paragraph 3, section D paragraph 2, section E and section F paragraphs 1 and 3;
- “large vehicle instructor" means a person operating an establishment for providing instruction in the driving of vehicles included in category B+E, C, C+E, D or D+E, including an establishment which provides tuition to prepare persons for the theory test;
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