The Motor Vehicles (Driving Licences) Regulations 1999

• (4) Where a person has passed tests for a licence authorising the driving of—

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

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

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

• (5) In the case of a person who holds a licence which, by virtue of regulation 76 (notwithstanding that he may not have passed a test authorising the driving of such vehicles), authorises the driving of a class of vehicles in category D when used under a section 19 permit or (if not so used) are driven otherwise than for hire or reward, Table B shall be read as if—

• (a) for “D" there were substituted “vehicles in category D, driven otherwise than for hire or reward", and

• (b) for “D+E" there were substituted “vehicles in category D+E driven otherwise than for hire or reward".

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

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) Where a person has passed a test prescribed in respect of category B+E which authorises the driving only of classes of vehicle having automatic transmission and a test prescribed in respect of any class of vehicle in category C or D which authorises the driving of vehicles with manual transmission, he is deemed competent to drive vehicles in category B+E with manual transmission.

• (9) Where a person, who is the holder of a licence which authorises the driving of motor vehicles included in categories B and B+E and sub-categories C1, C1+E (8.25 tonnes), D1 (not for hire or reward) and D1+E (not for hire or reward) which have automatic transmission, passes a test prescribed in respect of category B, B+E, C or D which authorises the driving of vehicles with manual transmission, he is deemed competent to drive vehicles in category B+E and in sub-categories C1, C1+E (8.25 tonnes), D1 (not for hire or reward) and D1+E (not for hire or reward) which have manual transmission.

• (10) Where a person has passed tests for a licence authorising the driving of—

• (a) motor vehicles included in category B, other than vehicles included in former sub-category B1 or category” B1 (invalid carriages), having automatic transmission, and

• (b) motor vehicles included in category B+E, C or D having manual transmission,

he is deemed competent to drive vehicles in category B which have manual transmission.

• (11) In this regulation—

• (a) “upgrade category" means the additional category or sub-category which the person passing the tests (or holding the licence and passing the test) is deemed competent to drive by virtue of the relevant provision of this regulation, ...

• (b) a reference to a test or a practical test includes, as the case may be, a reference to a Northern Ireland test of competence or a Northern Ireland practical test corresponding thereto.

• (c) where, before 19th January 2013, a test was passed, or a licence was held, authorising the driving of motor vehicles in former sub-category D1, references to “sub-category D1” shall include vehicles which would fall within sub-category D1, save that the maximum length of the vehicle exceeds 8 metres,

• (d) where, before 19th January 2013, a test was passed, or a licence was held, authorising the driving of motor vehicles in former sub-category D1+E, references to “sub-category D1+E” shall include vehicles which would fall within sub-category D1+E save that the maximum length of the tractor vehicle exceeds 8 metres, and

• (e) where, before 19th January 2013, a test was passed, or a licence was held, authorising the driving of vehicles in former category B+E, references to “category B+E” shall include vehicles which would fall within category B+E save that the maximum authorised mass of the trailer or semi-trailer (as the case may be) exceeds 3500 kilograms.

• (12) Paragraph (11)(c) and (d) shall apply to references in Schedule 9 to “sub-category D1” and “sub-category D1+E” as that paragraph applies to such references in this regulation.

Entitlement upon passing an appropriate driving test

46

• (1) Where a person—

• (a) is disqualified by order of a court under section 36 of the Offenders Act until he passes the appropriate driving test, and

• (b) passes the appropriate driving test for a licence authorising the driving of a class of motor vehicles included in any category or sub-category,

the disqualification shall, subject to paragraph (8), be deemed to have expired in relation to that class and such other classes of motor vehicle as are specified in paragraphs (2), (3), (4), (5) , (6) and (6A).

• (2) Subject to paragraphs (4) and (4A), the disqualification shall be deemed to have expired in relation to all classes of vehicle included in the category or sub-category referred to in paragraph (1)(b) unless—

• (a) the test practical test (other than in relation to a vehicle of a class included in category AM or A) or two-part practical test, as the case may be, is passed on a motor vehicle with automatic transmission, in which case the disqualification shall be deemed to have expired only in relation to such classes of vehicle included in that category or sub-category as have automatic transmission;

• (b) the test practical test (other than in relation to a vehicle of a class included in category AM or A) or two-part practical test, as the case may be, is passed on a motor vehicle which is adapted on account of a disability of the person taking the test, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in that category or sub-category as are so adapted (and for the purposes of this paragraph, a motor bicycle with a side-car may be treated in an appropriate case as a motor vehicle adapted on account of a disability).

• (3) The disqualification shall be deemed to have expired in relation to all classes of vehicle included in any other category which is specified in column (3) of Schedule 2 as being an additional category or sub-category in relation to that category or sub-category unless—

• (a) subject to paragraph (5), the test practical test (other than in relation to a vehicle of a class included in category AM or A) or two-part practical test, as the case may be, is passed on a vehicle with automatic transmission, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in the additional category or sub-category as have automatic transmission;

• (b) the test practical test (other than in relation to a vehicle of a class included in category AM or A) or two-part practical test, as the case may be, is passed on a vehicle which is adapted on account of a disability of the person taking the test, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in the additional category or sub-category as are so adapted.

• (4) In the case of a non-side car licence holder who—

• (a) was disqualified before 19th January 2013 where the standard access period had not expired at the date of disqualification and has not expired, or

• (b) is disqualified on or after 19th January 2013 and upon the date of disqualification the standard access period has not expired,

• the disqualification shall not, by virtue of paragraph (2) or (7), be deemed to have expired in relation to A3 motorcycles until the standard access period has expired.

• (4A) In the case of a side-car licence holder who—

• (a) was disqualified before 19th January 2013 where the standard access period had not expired at the date of disqualification and has not expired, or

• (b) is disqualified on or after 19th January 2013 and upon the date of disqualification the standard access period has not expired,

• the disqualification shall not, by virtue of paragraph (2) or (7), be deemed to have expired in relation to A3 motorcycle and side-car combinations until the standard access period has expired.

• (5) Paragraph (3)(a) shall not apply where the additional category is AM, F, G, H, K or L.

• (6) Subject to paragraph (6A), where the person who is disqualified passes the two-part practical test on a vehicle of a class included in category A, other than sub-category A1, the disqualification shall be deemed to have expired additionally in relation to all classes of vehicle included in—

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

• (b) categories F, G, H and L.

• (6A) Where a person passes the two-part practical test on a vehicle of a class included in sub-category A2 the disqualification is deemed to have expired additionally in relation to all classes of vehicle included in sub-category A3 unless that test is passed on a vehicle with automatic transmission, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in sub-category A3 as have automatic transmission.

• (7) Where the person who is disqualified passes the practical test on a vehicle of a class included in category B..., the disqualification shall be deemed to have expired additionally in relation to all classes of vehicle included in—

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

• (b) categories G, H and L.

• (8) Where a person is, pursuant to regulation 56, disqualified by the Secretary of State until he passes a driving test prescribed in respect of a class of large goods or passenger-carrying vehicle, the disqualification shall not be deemed to have expired in relation to any class of large goods or passenger-carrying vehicle until he passes that test.

• (9) In this regulation—

• “non side-car licence holder” means a person who held a licence, granted before 19th January 2013, authorising the driving of standard motor cycles without a side-car;

• “side-car licence holder” means a person who held a licence, granted before 19th January 2013, authorising the driving of standard motor bicycle and side-car combinations;” and

• “two-part practical test means—in relation to a vehicle of a class included in category AM or A, the manoeuvres test and the practical test in respect of a vehicle of a class included in category AM or A, as appropriate;in relation to a vehicle of a class included in sub-category A1, the manoeuvres test and the practical test in respect of a vehicle of a class included in sub-category A1.

Results of safe road use test and validity of certificates

46A

• (1) The person conducting a safe road use test shall arrange for the test to be marked on the day it was undertaken and shall upon completion of the marking of the test furnish the person who undertook it with notification of the result of that test.

• (2) A qualification award certificate or a relevant qualification certificate shall be valid for the purposes of regulation 38(3)(a)(iia) for a period commencing on the date of the certificate and ending—

• (a) three years later,

• (b) on the date on which the person to whom the certificate is issued is disqualified by order of a court under section 34 or 35of the Offenders Act,

• (c) on the date on which that person is disqualified by order of a court under section 36 of the Offenders Act until that person passes an appropriate driving test, or

• (d) on the date on which that person’s driving licence is revoked under section 3 of the New Drivers Act 1995,

• whichever is the earliest.

Test results

Evidence of result of theory test : vehicles other than category C or D

47

• (1) The person conducting a theory test described in regulation 40(2A)(a), (2B)(b) or (2C)(a) shall arrange for the test to be marked on the day of the test.

• (2) A person conducting the theory test shall, upon completion of the marking of the test, furnish—

• (a) a person who passes the test with a standard theory test pass certificate in the form set out in Part 1 of Schedule 10;

• (b) a person who fails to pass the test with a failure statement in the form set out in Part 2 of Schedule 10.

• (3) Where a person who has conducted a theory test is satisfied that a standard theory test pass certificate or a failure statement has been furnished in error to a person who took a theory test, he shall, upon receipt of that document from the person who took the test and subject to paragraph (4), furnish that person with a correct certificate or statement, as the case may be.

• (4) Where the person who took the test alleges that a failure statement has been furnished in error returns the statement not later than 14 days after it is furnished to him to the person who conducted the test with a request in writing that the test be remarked, the person who conducted the test shall comply with that request for the purpose of ascertaining whether an error has been made but subject thereto he shall not be obliged to remark any test.

• (5) A standard theory test pass certificate furnished in error, or with an error in the particulars required to be specified in it, may not be presented, in support of an application for a licence, as evidence that a person has passed the test mentioned in such certificate.

• (6) A standard theory test pass certificate shall be valid for the purposes of regulation 38(4), 40A(1)(b)(i) or (1A)(b)(i) or 42(1)(a), (1A)(a), (1B)(a) or (1C) for a period commencing on the date on which the test was taken and ending—

• (a) two years later, or

• (b) on the date on which the person to whom the certificate was given is disqualified by order of a court under section 36 of the Offenders Act until he passes the appropriate driving test,

whichever is the earlier.

• (7) A standard theory test pass certificate is not valid for the purposes of regulation 38(4), 40A(1)(b)(i) or (1A)(b)(i) or 42(1)(a), (1A)(a), (1B)(a) or (1C) if—

• (a) it is furnished in error or with an error in the particulars required to be specified in it; or

• (b) the person to whom it is furnished is at that time ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations, to take the test to which the certificate relates.

• (8) A person authorised to conduct theory tests by virtue of sub-paragraphs (b), (c), (da), (db), (dc), (dd), (de), (df), (e) or (f) of regulation 23(1) or regulation 23(2)(b) shall issue standard theory test pass certificates using forms supplied by the Secretary of State...

Evidence of result of theory test: category C and D

47A.

• (1) The person conducting—

• (a) a large vehicle test of driving theory; or

• (b) a large vehicle test of hazard perception,

shall arrange for the test to be marked on the day of the test.

• (2) The person conducting a large vehicle test of driving theory shall, upon completion of the marking of the test, furnish—

• (a) a person who passes the test with a statement of performance in the form set out in Part 1 of Schedule 10A;

• (b) a person who fails to pass the test with a statement of performance in the form set out in Part 2 of Schedule 10A.

• (3) The person conducting a large vehicle test of hazard perception shall, upon completion of the test, furnish—

• (a) a person who passes the test with a statement of performance in the form set out in Part 1 of Schedule 10B;

• (b) a person who fails to pass the test with a statement of performance in the form set out in Part 2 of Schedule 10B.

• (4) Where a person who has conducted a large vehicle test of driving theory or a large vehicle test of hazard perception is satisfied that a statement of performance has been furnished in error to a person who took the test, he shall, upon receipt of that document from that person, and subject to paragraph (5), furnish that person with a correct statement.

• (5) Where the person who took the test alleges that a statement of performance has been furnished under paragraph (2)(b) or (3)(b) in error he may return the statement not later than 14 days after it is furnished to him to the person who conducted the test with a request in writing that the test be remarked.

• (6) The person who conducted the test shall comply with a request under paragraph (5) for the purpose of ascertaining whether an error has been made but otherwise shall not be obliged to remark any test.

• (7) A statement of performance is not valid for the purposes of regulation 47B(1)—

• (a) if the person to whom it is furnished is at that time ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations, to take the test to which the statement relates; or

• (b) if the statement is furnished in error or with an error in the particulars required to be specified in it.

Large vehicle theory test pass certificates

47B

• (1) Where a person has obtained statements of performance under regulation 47A(2)(a) and (3)(a) he shall be entitled to be furnished with a large vehicle theory test pass certificate in the form set out in Schedule 10C.

• (2) The large vehicle theory test pass certificate shall be furnished as soon as practicable to a person entitled to it under paragraph (1) by the person who conducted the test to which the later of the two statements relates.

• (3) A large vehicle theory test pass certificate furnished in error, or with an error in the particulars required to be specified in it, may not be presented in support of an application for a licence as evidence that the person has passed the tests mentioned in such a certificate.

• (4) A large vehicle theory test pass certificate shall be valid for the purposes of regulation 38(4) or 40A(2)(b)(i) for a period commencing on the earlier of the dates on which a person passes the large vehicle test of driving theory or the large vehicle hazard perception test and ending—

• (a) two years later, or

• (b) on the date on which that person is disqualified by order of a court under section 36 of the Offenders Act until he passes the appropriate driving test,

whichever is the earlier.

• (5) A large vehicle theory test pass certificate is not valid for the purposes of regulation 38(4) or 40A(2)(b)(i) if —

• (a) it is furnished in error or with an error in the particulars required to be specified in it; or

• (b) the person to whom it is furnished is at that time ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations, to take any test to which the certificate relates.

• (6) Where a person who has furnished a large vehicle theory test pass certificate is satisfied that it has been furnished with an error in the particulars specified in it, he shall upon receipt of that document from the person to whom it was furnished, furnish that person with a correct certificate.

• (7) A large vehicle theory test pass certificate shall cease to be valid if the person to whom it is furnished is disqualified by order of a court under section 36 of the Offenders Act until he passes the appropriate driving test.

• (8) A person authorised to conduct theory tests by virtue of paragraphs (b), (c), (da), (db), (dc), (dd), (de), (df), (e) or (f) of regulation 23(1) or regulation 23(2)(b) shall issue large vehicle theory test pass certificates using forms supplied by the Secretary of State.

Evidence of the result of manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test

48

• (ZA1) A person conducting a manoeuvres test shall upon completion of the test furnish—

• (a) a person who passes the test with a module 1 pass certificate which, save where the person is exempt from the requirement to pass a theory test by virtue of regulation 42, shall record the date of the standard theory test as recorded in the standard theory test pass certificate which was produced in accordance with regulation 38(4) when that person submitted to the manoeuvres test;

• (b) a person who fails to pass the test with a module 1 failure statement;

• (ZB1) A person conducting a large vehicle off road manoeuvres test shall upon completion of the test furnish—

• (a) a person who passes the test with a large vehicle off road manoeuvres test pass certificate;

• (b) a person who fails to pass the test with a large vehicle off road manoeuvres test statement of failure.

• (1) A person conducting a practical or unitary test shall upon completion of the test furnish—

• (a) a person who passes the test with a test pass certificate in the form set out in Part 1 of Schedule 11;

• (b) a person who fails to pass the test with a statement in the form set out in Part 2 of Schedule 11.

• (1A) A module 1 pass certificate is invalid if—

• (a) the person to whom it is issued is at that time ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations, to take the manoeuvres test to which the certificate relates; or

• (b) at the time when it was issued, the standard theory test pass certificate produced to the person conducting the test in accordance with regulation 38(4) is invalid by virtue of regulation 47(7).

• (1B) A module 1 pass certificate is not valid for the purpose of regulation 38(8A)(a) if—

• (a) it is furnished in error or with an error in the particulars required to be specified in it; or

• (b) it is invalid by virtue of paragraph (1A)

• (2) A test pass certificate is invalid if—

• (za) it is furnished in error or with an error in the particulars required to be specified in it;

• (a) the person to whom it is issued is at that time ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations, to take the practical test to which the certificate relates;

• (b) at the time when it is issued, the standard theory test pass certificate produced to the person conducting the test in accordance with regulation 38(4) is invalid by virtue of regulation 47(7) ; ...

• (ba) at the time when it is issued, the large vehicle theory test pass certificate produced to the person conducting the test in accordance with regulation 38(4) is invalid by virtue of regulation 47B(5) ; or

• (bb) it was issued in relation to a vehicle of a class included in category A or P and at the time when it was issued the module 1 pass certificate produced to the person conducting the test in accordance with regulation 38(8A) is invalid by virtue of paragraph (1B).

• (2A) A large vehicle off road manoeuvres test pass certificate is invalid if—

• (a) the person to whom it is furnished is at that time ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations, to take any test to which the certificate relates, or

• (b) at the time when it was issued, the large vehicle theory test pass certificate produced to the person conducting the test in accordance with regulation 38(4) is invalid by virtue of regulation 47B(5).

• (2B) A large vehicle off road manoeuvres test pass certificate is not valid for the purposes of regulation 40A(2) if—

• (a) it is furnished in error or with an error in the particulars required to be specified in it, or

• (b) it is invalid by virtue of paragraph (2A).

• (3) A person authorised to conduct large vehicle off road manoeuvres tests, practical tests or unitary tests by virtue of sub-paragraphs (b), (ca), (cb), (cc), (cd), (ce), (cf), (d), (f) or (g) of regulation 24(1) or regulation 24(1ZA) or regulation 24(2)(b) shall issue test pass certificates using the forms supplied by the Secretary of State ...

PART IV — GOODS AND PASSENGER—CARRYING VEHICLES

General

Part III of the Traffic Act: Prescribed classes of goods and passenger-carrying vehicle

49

• (1) All classes of motor vehicle included in categories C, C+E, D and D+E, except vehicles of classes included in sub-categories C1, C1+E (8.25 tonnes) D1 (not for hire or reward) and D1+E (not for hire or reward), are prescribed for the purposes of section 89A(3) of the Traffic Act.

• (2) Subject to paragraph (3), all classes of motor vehicle included in categories C, C+E, D and D+E, except vehicles of classes included in sub-categories C1+E (8.25 tonnes), D1 (not for hire or reward) and D1+E (not for hire or reward), are prescribed for the purposes of section 99(1) and (1A) of the Traffic Act.

• (3) In the case of a licence in force at a time before 1st January 1997, paragaph (2) above shall apply as if “C1," was inserted after “sub-categories".

• (4) All classes of motor vehicle included in categories C, C+E, D and D+E, except vehicles of classes included in sub-categories C1+E (8.25 tonnes), D1 (not for hire or reward) and D1+E (not for hire or reward), are prescribed for the purposes of section 99A(3) and (4) of the Traffic Act.

Part IV of the Traffic Act: prescribed classes of large goods and passenger—carrying vehicle

50

• (1) Part IV of the Traffic Act and regulations 54 to 57 shall not apply to a large goods vehicle—

• (a) of a class included in category F, G or H or sub-category C1+E (8.25 tonnes), or

• (b) which is an exempted goods vehicle or an exempted military vehicle.

• (2) Part IV of the Traffic Act and regulations 54 to 57 shall not apply to a passenger-carrying vehicle manufactured more than 30 years before the date when it is driven and not used for hire or reward or for the carriage of more than eight passengers;

• (3) Part IV of the Traffic Act and regulations 54 to 57 shall not apply to a passenger-carrying vehicle when it is being driven by a constable for the purpose of removing or avoiding obstruction to other road users or other members of the public, for the purpose of protecting life or property (including the passenger-carrying vehicle and its passengers) or for other similar purposes.

• (4) All classes of large goods and passenger-carrying vehicle to which Part IV of the Traffic Act applies are prescribed for the purposes of section 117(7) and 117A(6) of the Traffic Act.

Exempted goods vehicles and military vehicles

51

• (1) For the purposes of this Part of these Regulations, an exempted goods vehicle is a vehicle falling within any of the following classes—

• (a) a goods vehicle propelled by steam;

• (b) any road construction vehicle used or kept on the road solely for the conveyance of built-in road construction machinery (with or without articles or materials used for the purpose of that machinery);

• (c) any engineering plant other than a mobile crane;

• (d) a works truck;

• (e) an industrial tractor;

• (f) an agricultural motor vehicle which is not an agricultural or forestry tractor;

• (g) a digging machine;

• (h) a goods vehicle which, in so far as it is used on public roads—

• (i) is used only in passing from land in the occupation of a person keeping the vehicle to other land in the occupation of that person, and

• (ii) is not used on public roads for distances exceeding an aggregate of 9.7 kilometres in any calendar week;

• (j) a goods vehicle, other than an agricultural motor vehicle, which—

• (i) is used only for purposes relating to agriculture, horticulture or forestry,

• (ii) is used on public roads only in passing between different areas of land occupied by the same person, and

• (iii) in passing between any two such areas does not travel a distance exceeding 1.5 kilometres on public roads;

• (k) a goods vehicle used for no other purpose than the haulage of lifeboats and the conveyance of the necessary gear of the lifeboats which are being hauled;

• (l) a goods vehicle manufacturered before 1st January 1960, used unladen and not drawing a laden trailer;

• (m) an articulated goods vehicle the unladen weight of which does not exceed 3.05 tonnes;

• (n) a goods vehicle in the service of a visiting force or headquarters as defined in the Visiting Forces and International Headquarters (Application of Law) Order 1965 ;

• (o) a goods vehicle driven by a constable for the purpose of removing or avoiding obstruction to other road users or other members of the public, for the purpose of protecting life or property (including the vehicle and its load) or for other similar purposes;

• (p) a goods vehicle fitted with apparatus designed for raising a disabled vehicle partly from the ground and for drawing a disabled vehicle when so raised (whether by partial superimposition or otherwise) being a vehicle which—

• (i) is used solely for dealing with disabled vehicles;

• (ii) is not used for the conveyance of any goods other than a disabled vehicle when so raised and water, fuel, accumulators and articles required for the operation of, or in connection with, such apparatus or otherwise for dealing with disabled vehicles; and

• (iii) has an unladen weight not exceeding 3.05 tonnes;

• (q) a passenger-carrying vehicle recovery vehicle; and

• (r) a mobile project vehicle.

• (2) For the purposes of this Part of these Regulations, an exempted military vehicle is a large goods or passenger-carrying vehicle falling withing any of the following classes—

• (a) a vehicle designed for fire fighting or fire salvage purposes which is the property of, or for the time being under the control of, the Secretary of State for Defence, when being driven by a member of the armed forces of the Crown;

• (b) a vehicle being driven by a member of the armed forces of the Crown in the course of urgent work of national importance in accordance with an order of the Defence Council in pursuance of the Defence (Armed Forces) Regulations 1939 which were continued permanently in force, in the form set out in Part C of Schedule 2 to the Emergency Laws (Repeal) Act, 1959 , by section 2 of the Emergency Powers Act 1964 ; or

• (c) an armoured vehicle other than a track-laying vehicle which is the property of, or for the time being under the control of, the Secretary of State for Defence.

• (3) In this Regulation—

• “digging machine" has the same meaning as in paragraph 4(4) of Schedule 1 to the Vehicle Excise and Registration Act 1994;

• “agricultural motor vehicle", “engineering plant", “industrial tractor" and “works truck" have the same meaning as in regulation 3(2) of the Construction and Use Regulations;

• “public road" has the same meaning as in section 62(1) of the Vehicle Excise and Registration Act 1994;

• “road construction machinery" means a machine or device suitable for use for the construction and repair of roads and used for no purpose other than the construction and repair of roads; and

• “road construction vehicle" means a vehicle which—is constructed or adapted for use for the conveyance of road construction machinery which is built in as part of, or permanently attached to, that vehicle, andis not constructed or adapted for the conveyance of any other load except articles and materials used for the purposes of such machinery.

Correspondences

52

• (1) For the purposes of section 89A(5) of the Traffic Act, a heavy goods vehicle or public service vehicle of a class specified in column (1) of the table at the end of this regulation corresponds to a class of large goods vehicle or passenger-carrying vehicle, as the case may be, specified in column (2) of that table in relation to the class of vehicle in column (1).

• (2) For the purposes of paragraph (1), where a heavy goods vehicle driver’s licence held before 1st April 1991 was restricted to vehicles having a permissible maximum weight not exceeding 10 tonnes by virtue of—

• (a) paragraph 3(3) and (5) of Schedule 2 to the Road Traffic (Drivers’ Ages and Hours of Work) Act 1976 ; or

• (b) paragraph (1) or (2) of regulation 31 of the Heavy Goods Vehicles (Drivers’ Licences) Regulations 1977 ;

before those enactments ceased to have effect, such restriction shall be disregarded.

(1)	(2)
Class of heavy goods or public service vehicle	Corresponding class of large goods or passenger—carrying vehicle
Heavy goods vehicles	Large goods vehicles
1	Categories C and C+E
1A	Categories C and C+E (limited, in each case, to vehicles with automatic transmission)
2	Category C and vehicles in category C+E which are drawbar trailer combinations
2A	Category C and vehicles in category C+E which are drawbar trailer combinations (limited, in each case, to vehicles with automatic transmission)
3	Category C and vehicles in category C+E which are drawbar trailer combinations
3A	Category C and vehicles in category C+E which are drawbar trailer combinations (limited, in each case, to vehicles with automatic transmission)
Public Service Vehicles	Passenger-carrying vehicles
1	Categories D and D+E
1A	Categories D and D+E (limited, in each case, to vehicles with automatic transmission)
2	Categories D and D+E
2A	Categories D and D+E (limited, in each case, to vehicles with automatic transmission)
3	Category D
3A	Category D (limited to vehicles with automatic transmission)
4	Sub-category D1 and vehicles in category D not more than 5.5 metres in length
4A	Sub-category D1 and vehicles in category D not more than 5.5 metres in length (limited, in each case, to vehicles with automatic transmission)

Part IV of the Traffic Act: dual purpose vehicles

53

• (1) Except in the case of a vehicle mentioned in paragraph (2), Part IV of the Traffic Act and regulations 54 to 57 shall apply to dual purpose vehicles to the extent that they apply to passenger-carrying vehicles.

• (2) Part IV of the Traffic Act and regulations 54 to 57 shall apply to any dual purpose vehicle which is—

• (a) driven by a member of the armed forces of the Crown, and

• (b) used to carry passengers for naval, military or air force purposes,

to the extent that they apply to large goods vehicles.

Persons under the age of 21

Large goods vehicle drivers' licences granted to persons under the age of 21

54

• (1) A large goods vehicle driver’s licence granted to a person under the age of 21 is subject to the conditions prescribed in relation thereto, for the purposes of section 114(1) of the Traffic Act, in the following paragraphs.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) A large goods vehicle driver’s licence held by a member of the armed forces of the Crown is subject to the condition that he shall not drive a large goods vehicle of any class unless it is owned or operated by the Secretary of State for Defence and is being used for naval, military or air force purposes.

• (4) A large goods vehicle driver’s licence which—

• (a) authorises the driving of a class of vehicles included in category C, and

• (b) is a full licence,

is subject to the condition that its holder shall not drive large goods vehicles of a class included in category C+E, other than vehicles included in sub-category C1+E the maximum authorised mass of which does not exceed 7.5 tonnes, as if he were authorised to do so by a provisional licence before the expiration of a period of six months commencing on the date on which he passed the test for that licence.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Drivers’ conduct

Large goods vehicle drivers’ licences and LGV Community licences: obligatory revocation or withdrawal and disqualification

55

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

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

• (3) Where—

• (a) a large goods vehicle drivers’ licence is revoked under section 115(1)(a) of the Traffic Act, or

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

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

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

Holders of licences who are disqualified by order of a court

56

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

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

• (a) the Secretary of State must order that person to be disqualified either indefinitely or for a fixed period, and

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

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

• (a) the Secretary of State may order that person to be disqualified either indefinitely or for such fixed period as he thinks fit, or

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

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

• (5) Any question as to whether a person—

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

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

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

may be referred by the Secretary of State to a traffic commissioner.

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

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

• (a) subsection (4)(a) were omitted,

• (b) for the words “in any other case, revoke the licence or suspend it" in subsection (4)(b) there were substituted “suspend the licence", and

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

Removal of disqualification

57

• (1) Subject to paragraphs (2) and (3), the Secretary of State may remove a disqualification for a period of more than two years imposed under section 117(2)(a) of the Traffic Act, after consultation with a traffic commissioner in a case which was referred under regulation 56(5), if an application for the removal of the disqualification is made after the expiration of whichever is relevant of the following periods commencing on the date of the disqualification—

• (a) two years, if the disqualification is for less than four years;

• (b) one half of the period of the disqualification, if it is for less than ten years, but not less than four years;

• (c) five years in any other case.

• (2) An application may not be made if the applicant has during the relevant period been convicted (or treated as convicted) of an offence by virtue of which he has incurred—

• (a) penalty points, or

• (b) an endorsement of a Northern Ireland driving licence held by him... with particulars of a conviction pursuant to provisions for the time being in force in Northern Ireland that correspond to sections 44 and 45A of the Offenders Act.

• (3) Where an application under paragraph (1) for the removal of a disqualification is refused, a further such application shall not be entertained if made within three months after the date of refusal.

PART V — APPROVED TRAINING COURSES FOR RIDERS OF MOTOR BICYCLES AND MOPEDS

Approved training courses

Provision of approved training courses

58

• (1) For the purposes of section 97(3)(e) of the Traffic Act an approved training course is a course for riders of motor bicycles or mopeds both complying with and conducted in accordance with this Part of these Regulations and approved by the Secretary of State.

• (2) An approved training course may be provided—

• (a) by the Secretary of State, in so far as concerns the instruction of persons in the civil service of the Crown under his department,

• (b) by the Secretary of State for Defence, in so far as concerns the instruction of persons in the service of the Crown under his department, and

• (c) by any chief officer of police, in so far as concerns the instruction of—

• (i) members of the police force of which he is the chief officer, or

• (ii) persons employed in the driving of motor vehicles for police purposes by the chief officer or by the police authority or local policing body for the area in respect of which he is the chief officer,

if that person satisfies the conditions mentioned in paragraph (4).

• (3) A person may apply to the Secretary of State to be authorised to provide approved training courses and the Secretary of State may give such authorisation subject to any conditions which he thinks fit to impose if he is satisfied that the applicant satisfies the conditions mentioned in paragraph (4).

• (4) The conditions specified in paragraphs (2) and (3) are that he—

• (a) is a fit and proper person to conduct courses,

• (b) will make proper arrangements for the conduct of courses in accordance with these Regulations, and

• (c) will keep proper records of courses and the results thereof.

• (5) In this Part of these Regulations—

• “approved training body" means a person authorised to provide approved training courses under this Part;

• “approved training course" has the meaning given in paragraph (1);

• “prescribed training course" means a course containing the elements prescribed under the regulation 59.

Nature and conduct of training courses

59

• (1) A training course for riders of motor bicycles and mopeds may not be approved by the Secretary of State unless it comprises elements (A) to (E) set out in Schedule 12.

• (2) Before any practical instruction is given to riders on an approved training course all the requirements of element (A) of the course must be fulfilled.

• (3) To complete an approved training course successfully, a rider of a motor bicycle or moped must satisfy the approved training body or a certified instructor acting on his behalf as to each of the following matters in the following sequence—

• (a) that he has fulfilled the requirements set out in element (B) of the course; and

• (b) that he can execute the manoeuvres set out in element (C) of the course; and

• (c) that all the requirements of element (D) of the course have been fulfilled; and

• (d) that he rides safely on roads in a variety of road traffic situations, including as many as practicable of those set out in element (E) of the course.

Instructors

Certified Instructors

60

• (1) No person may conduct instruction in the riding of motor bicycles or mopeds as part of an approved training course except in accordance with this regulation and regulations 61 to 68.

• (2) Subject to the following provisions of this regulation, an approved training body may authorise persons to conduct on his behalf instruction of persons in the riding of A1 motorcycles and mopeds.

• (3) A person may not be authorised under paragraph (2) unless at the date of authorisation he satisfies the following conditions, namely that—

• (a) he is a fit and proper person to be an instructor;

• (b) he holds a full licence authorising the driving of vehicles in category A other than A1 motorcycles;

• (c) either—

• (i) in the case of a person who was authorised to conduct instruction by an approved training body in accordance with regulations in force on 30th January 1998, he had held that licence for a period of, or periods amounting in aggregate to, not less than two years, or

• (ii) in any other case, he is at least 21 years of age and has held that licence for a period of, or periods amounting in aggregate to, not less than three years; and

• (d) he has either—

• (i) successfully completed the Secretary of State’s assessment course for certified instructors, or

• (ii) been fully trained by a certified instructor who has successfully completed such a course and assessed by that instructor to be capable of acting as a certified instructor.

• (3A) A person does not have to satisfy the conditions mentioned in paragraph (3)(c) and (d) if that person is entitled to give paid instruction in the riding of A1 motorcycles and mopeds by virtue of Part 3 of the European Union (Recognition of Professional Qualifications) Regulations 2015 .

• (3B) A person does not have to satisfy the conditions mentioned in paragraph (3)(c) and (d) if that person is entitled to give paid instruction in the riding of A1 motorcycles and mopeds by virtue of Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023.

• (4) An authorisation given to a person under paragraph (2) shall be of no effect unless—

• (a) the approved training body has notified the Secretary of State in writing of the proposed authorisation,

• (b) the Secretary of State has approved the authorisation in writing, and

• (c) there is in force in respect of that person a valid certificate, in the form set out in Part 1 of Schedule 13, issued by the Secretary of State to the approved training body giving the authorisation.

• (5) A person in respect of whom a certificate issued under paragraph (4)(c) is in force—

• (a) shall be known as a certified instructor, and

• (b) shall be entitled to conduct approved training courses, and

• (c) in the case of a person who has successfully completed the Secretary of State’s assessment course for certified instructors, shall be entitled to train other persons and to assess their capability to act as certified instructors.

• (6) Where a person who is an approved training body satisfies the conditions set out in paragraph (3), the Secretary of State may issue a certificate in respect of him under paragraph (4)(c) and while that certificate is in force—

• (a) he shall be known as a certified instructor,

• (b) he shall be entitled to conduct approved training courses, and

• (c) in the case of a person who has successfully completed the Secretary of State’s assessment course for certified instructors, he shall be entitled to train other persons and to assess their capability to act as certified instructors.

• (7) A certificate issued pursuant to paragraph (4)(c) shall be valid for a period of four years but may be renewed upon application being made to the Secretary of State by the approved training body who authorised the instructor.

• (8) When conducting an approved training course a certified instructor shall carry with him the certificate issued in respect of him by the Secretary of State and shall, upon being required to do so by a constable or the Secretary of State, produce it for examination.

• (9) In this Part of these Regulations “certified instructor" has the meaning given in paragraph (5)(a) or (6)(a) as the case may be ....

Temporary certified instructors

60A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons authorised as assistant instructors

61

• (1) Subject to paragraphs (2) and (3), a person authorised or deemed to be authorised as an assistant instructor by virtue of regulations in force on 30th January 1998 shall be entitled to conduct, on behalf of an approved training body, the instruction of riders of motor bicycles in all elements other than element (E) of the prescribed training course.

• (2) No person authorised or deemed to be authorised as an assistant instructor may conduct instruction if at any time he ceases to hold a full licence authorising the driving of vehicles in category A (other than a licence authorising the driving only of A1 motorcycles) or if the Secretary of State, being satisfied that he is not a fit and proper person to conduct instruction, withdraws approval of his authorisation to act as an assistant instructor.

• (3) No person shall be entitled to conduct training otherwise than as a certified instructor or certified direct access instructor after 30th January 2002.

Withdrawal of approval to provide training courses or to act as instructo r

62

• (1) The Secretary of State may at any time by notice in writing withdraw an authorisation given under regulation 58(3), an approval given under regulation 60(4)(b) ... or an authorisation granted by virtue of regulation 61(1).

• (2) Where the Secretary of State withdraws an authorisation given under regulation 58(3)—

• (a) the approval of that person for the purposes of that regulation, and

• (b) the authority of that person, and of any other person whom he has approved to act as a certified or assistant instructor,

shall cease forthwith and the person whose approval is withdrawn shall, before the expiration of a period of 28 days commencing on the date of withdrawal, return to the Secretary of State all certificates which were issued to him under regulation 60(4)(c) and all forms for certificates which were supplied to him under regulation 68(3).

• (3) Where the Secretary of State withdraws an approval given under regulation 60(4)(b) ... or an authorisation granted by virtue of regulation 61(1)—

• (a) the authority of the person whose approval to act (as the case may be) as a certified or assistant instructor is withdrawn shall cease forthwith, and

• (b) in the case of the withdrawal of an approval given in respect of a certified instructor, the person whose approval is withdrawn shall as soon as is reasonably practicable return the certificate issued under regulation 60(4)(c) ... and all forms of certificates which were supplied to him under regulation 68(3) to the approved training body who authorised him who must, on receiving the certificate issued under regulation 60(4)(c) ..., return it to the Secretary of State.

Cessation of conduct of training

63

• (1) Where a certified instructor authorised by an approved training body under regulation 60(2) ... ceases to conduct instruction on behalf of the body who authorised him, he shall as soon as is reasonably practicable return the certificate issued under regulation 60(4)(c) ... and all forms of certificates which were supplied to him under regulation 68(3) to the approved training body who must, on receiving the certificate issued under regulation 60(4)(c) ..., return it to the Secretary of State.

• (2) Where an approved training body who is also entitled under regulation 60(6) ... to conduct instruction as a certified instructor ceases to conduct such instruction, he shall immediately return the certificate issued under regulation 60(4)(c) ... and (unless the Secretary of State agrees otherwise) all forms of certificates which were supplied to him under regulation 68(3) to the Secretary of State.

Approved training courses conducted by certified direct access instructors

64

• (1) An approved training course for a person holding a provisional licence authorising the driving of A2 motorcycles or A3 motorcycles and undertaken by him on an A2 motorcycle or an A3 motorcycle, as appropriate must be conducted by a certified direct access instructor.

• (2) “Certified direct access instructor" means a person authorised (or deemed to have been authorised) in accordance with regulation 65 ....

Certified direct access instructors

65

• (1) An approved training body may, subject to the following provisions of this regulation, authorise instructors to conduct on his behalf the instruction of persons who hold provisional licences authorising the riding of A2 motorcycles or A3 motorcycles in the riding of A2 motorcycles or A3 motorcycles, as appropriate.

• (2) A person may not be authorised under paragraph (1) unless he—

• (a) holds a full licence to drive motor bicycles,

• (b) either—

• (i) was authorised on 30th January 1998 to conduct instruction by an approved training body in accordance with the Motor Vehicles (Driving Licences) Regulations 1996 and has held that licence for a period of, or periods amounting in aggregate to, not less than 2 years, or

• (ii) if he was not so authorised, is at least 21 years of age and has held that licence for a period of, or periods amounting in aggregate to, not less than 3 years.

• (c) is a certified instructor, and

• (d) has successfully completed the Secretary of State’s assessment course for certified direct access instructors.

• (3) An authorisation given under paragraph (1) shall be of no effect unless—

• (a) the person whom the approved training body proposes to authorise, or another person who is at that time validly authorised by the approved training body to provide instruction in the riding of motor bicycles other than A1 motorcycles, has successfully completed the Secretary of State’s assessment course for certified instructors in addition to the assessment course for direct access instructors,

• (b) the approved training body has notified the Secretary of State in writing of the proposed authorisation, and

• (c) the Secretary of State has approved the authorisation in writing.

• (3A) A person does not have to satisfy the conditions mentioned in paragraph (3)(c) and (d) if that person is entitled to give paid instruction in the riding of A1 motorcycles and mopeds by virtue of Part 3 of the European Union (Recognition of Professional Qualifications) Regulations 2015.

• (3B) A person is exempt from the conditions set out in paragraph (2)(b) and (d) and paragraph (3)(a) if that person is entitled to give paid instruction in the riding of A2 motorcycles or A3 motorcycles by virtue of Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023.

• (4) An authorisation given under paragraph (1) shall be of no effect in the case of a direct access instructor unless there is in force in respect of him a valid certificate, in the form set out in Part 2 of Schedule 13, issued by the Secretary of State to the person who has authorised him under paragraph (1).

• (5) The Secretary of State may at any time by notice in writing withdraw an approval given under paragraph (3)(c) and any authorisation given under paragraph (1) shall cease to have effect from the date of such notice.

• (6) Any authorisation given under paragraph (1) by an approved training body shall cease to have effect if at any time there ceases to be a person who—

• (a) is validly authorised by that approved training body to conduct instruction in accordance with paragraph (1), and

• (b) has successfully completed the Secretary of State’s assessment course for certified instructors in addition to the assessment course for direct access instructors.

• (7) Where—

• (a) a person who is an approved training body satisfies the conditions set out in paragraph (2),

• (b) either he or another person who is at that time validly authorised by him to provide instruction in the riding of motor bicycles other than A1 motorcycles has successfully completed the Secretary of State’s assessment course for certified instructors in addition to the assessment course for direct access instructors, and

• (c) there is in force in respect of that training body a valid certificate issued by the Secretary of State under paragraph (4),

he shall be deemed to have been authorised under paragraph (1) as a certified direct access instructor.

• (8) Regulations 60(7) and (8), 62(3) and 63 shall apply in respect of a certified direct access instructor as they apply in respect of a certified instructor as if the references therein to the issue of certificates and the giving or withdrawal of approval were references to the issue of certificates and the giving or withdrawal of approval under this regulation.

• (9) Where an authorisation given, or deemed to be given, under this regulation in respect of a certified direct access instructor ceases to have effect by virtue of any of the foregoing provisions of this regulation that instructor shall as soon as is reasonably practicable return the certificate issued under paragraph (4) to the approved training body who must, on receiving it, return it immediately to the Secretary of State.

Temporary certified direct access instructors

65A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

Eligibility to undertake approved training course

66

No person shall be eligible to undertake an approved training course unless at the time he undertakes it he holds a provisional licence authorising him to drive a motor bicycle or moped of the class on which the course is to be undertaken or is entitled, by virtue of section 98 or 99A of the Traffic Act and regulation 19, to drive a motor bicycle of that class subject to the same conditions as the holder of a provisional licence.

Ratio of trainees to instructors

67

• (1) Where, during an approved training course, more than one person is receiving on-site instruction and practical on-site riding as part of elements (B) and (C) of the prescribed training course—

• (a) in the case of instruction or riding which may under these Regulations be conducted by a certified or an assistant instructor, there shall be no more than four such persons in the charge of any one instructor at any one time,

• (b) in the case of instruction or riding which must under regulation 64 be conducted by a certified direct access instructor, there shall be no more than two such persons in the charge of any one instructor at any one time.

• (2) Subject to paragraph (3), when riders are undertaking element (E) of the prescribed training course—

• (a) there must be no more than two riders in the charge of any one certified or certified direct access instructor at any one time, and

• (b) the instructor must be able to communicate with each rider by means of a radio which is not hand-held while in operation.

• (3) The requirement specified in paragraph (2)(b) shall not apply in the case of a rider who is unable, by reason of impaired hearing, to receive directions from the instructor by radio where the rider and the instructor are employing a satisfactory means of communication which they have agreed before the start of element (E).

Evidence of successful completion of course

68

• (1) The certified instructor or the certified direct access instructor who conducted element (E) of the prescribed training course shall furnish a person who successfully completes an approved training course with a certificate in the form set out in Part 3 of Schedule 13 and signed by that instructor.

• (2) A certificate under paragraph (1) is not valid either for the purposes of section 97(3)(e) of the Traffic Act or as evidence of the succesful completion of an approved training course for the purposes of regulation 38(8)—

• (a) if the person to whom it is issued is at the time of issue ineligible to undertake the training course and

• (b) after whichever is the earliest of the following dates, namely—

• (i) in a case where the person to whom the certificate was furnished is subsequently disqualified by order of a court under section 36 of the Offenders Act, the date on which the order is made;

• (ii) in a case where the licence of the person to whom the certificate was furnished is subsequently revoked by the Secretary of State under section 3(1) of the Road Traffic (New Drivers) Act 1995, the date on which the revocation has effect in accordance with section 3(2) of that Act;

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iv) ... the last day of the period of 2 years beginning with the date of the certificate.

• (3) A certified instructor or a certified direct access instructor shall issue certificates using forms supplied by the Secretary of State to the approved training body and the Secretary of State may make a charge of £8 per form.

• (4) An approved training body may, if satisfied that a certificate issued to a person who has successfully completed an approved training course conducted by that body has been lost or destroyed, issue a duplicate certificate but may not make a charge exceeding £20 in respect of the issue of any one certificate.

• (5) For the purposes of this regulation, a certificate furnished before 19th January 2013 in the form set out in Part 3 of Schedule 13 to these Regulations as they stood before amendment by the Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 shall be regarded as a certificate under paragraph (1).

Approved training courses before 19th January 2013

68A

• (1) A person who, before 19th January 2013, was authorised as an approved training body, or as a certified instructor, shall be treated as an approved training body or a certified instructor (as the case may be) in relation to motor bicycles or mopeds, as appropriate.

• (2) A person who, before 19th January 2013, was authorised, or deemed to be authorised, as a certified direct access instructor shall be treated as, or as being deemed to be authorised as, a certified direct access instructor in relation to motor bicycles.

• (3) A course which, before 19th January 2013, was an approved training course shall be treated as an approved training course for riders of bicycles or mopeds, as appropriate.

• (4) A certificate which, before 19th January 2013, was issued to a person referred to in paragraph (1) in the form set out in Part I of Schedule 13 shall, subject to regulation 60(7), be treated as being in force in respect of that person.

Exemptions from Part V

69

• (1) Subject to paragraph (2), section 98(3)(c) of the Traffic Act shall not apply to a person who—

• (a) passed a test in respect of a vehicle in former category P after 30th November 1990 and before 19th January 2013, or

• (b) passes the test for the time being prescribed in respect of category AM,

and such a person shall be exempt from the requirement imposed by section 89(2A) of that Act.

• (2) Paragraph (1) shall cease to apply to a person if he is disqualified by order of a court under section 36 of the Offenders Act.

• (2A) Subject to paragraph (2C), section 89(2A) of the Traffic Act shall not apply to a person who is for the time being the holder of a full licence for a class of vehicle included in category A in respect of a test of competence to drive a vehicle of any other class included in that category.

• (2B) Subject to paragraph (2C), a person who is for the time being the holder of a full licence for a class of vehicle included in category AM or A shall be exempt from the restriction imposed by section 97(3)(e) on his driving a vehicle of any class included in category AM or A.

• (2C) The exemptions conferred by paragraphs (2A) and (2B) shall not apply in relation to the holder of a full licence authorising him only to drive a vehicle included in category A having automatic transmission in respect of—

• (a) a test of competence to drive a vehicle having manual transmission; or

• (b) his driving a vehicle having manual transmission.

• (3) A provisional licence or provisional entitlement holder who is resident on an exempted island shall be exempt from the requirement imposed by section 89(2A) of the Traffic Act in respect of a test of competence to drive a motor bicycle of any class taken, or to be taken, on an island, whether or not that island is an exempted island.

• (4) A provisional licence holder who is resident on an exempted island shall be exempt from the restriction imposed by section 97(3)(e) of the Traffic Act if he satisfies either of the conditions set out in paragraph (6).

• (5) Section 98(3)(c) of the Traffic Act shall not apply to a provisional entitlement holder who is resident on an exempted island if he satisfies either of the conditions set in paragraph (6).

• (6) The conditions referred to in paragraphs (4) and (5) are that he is—

• (a) driving on an exempted island, whether or not he is also resident on that island; or

• (b) driving on an island which is not an exempted island for the purpose of—

• (i) undertaking, or travelling to or from, an approved training course,

• (ii) undergoing, or travelling to or from a place where he is to take or where he has taken, a test of competence prescribed in respect of category AM or A.

• (7) In this regulation—

• “exempted island" means any island in Great Britain other than—the Isle of Wight, the island which comprises Lewis and Harris, the island which comprises North Uist, Benbecula and South Uist, Mainland Orkney and Mainland Shetland, andany other island from which motor vehicles not constructed or adapted for special purposes can at some time be conveniently driven to a road in any other part of Great Britain because of the presence of a bridge, tunnel, ford or other way suitable for the passage of such motor vehicles;

• “provisional licence holder" means a person who holds a provisional licence which, subject to section 97(3) of the Traffic Act, authorises the driving of motor bicycles of any class; and

• “provisional entitlement holder" means a person who holds a full licence which is treated, by virtue of section 98 of the Traffic Act and regulation 19, as authorising him to drive motor bicycles of any class as if he held a provisional licence therefor.

Review of Part V

69A

• (1) The Secretary of State must from time to time—

• (a) carry out a review of regulations 58 to 69,

• (b) set out the conclusions of the review in a report, and

• (c) publish the report.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The report must in particular—

• (a) set out the objectives intended to be achieved by the regulatory system established by regulations 58 to 69,

• (b) assess the extent to which those objectives are achieved, and

• (c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

• (4) The first report under this regulation must be published by 9th December 2021.

• (5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART VI — DISABILITIES

Licence groups

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• (1) In this Part of these Regulations—

• “Group 1 licence" means a licence in so far as it authorises its holder to drive classes of motor vehicle included in— categories AM, A, B, B+E, F, G, H, K and L, the former category N,

• “Group 2 licence" means, subject to paragraphs (2) and (3), a licence in so far as it authorises its holder to drive classes of motor vehicle included in any other category, and

• “licence" includes, unless the context otherwise requires, a Northern Ireland licence and a Community licence.

• (2) In so far as a licence authorises its holder to drive vehicles of a class included in sub-categories C1, C1+E (8.25 tonnes), D1 (not for hire or reward) and D1+E (not for hire or reward) it is a Group 1 licence while it remains in force if—

• (a) it was in force at a time before 1st January 1997, or

• (b) it is granted upon the expiry of a licence which was in force at a time before 1st January 1997 and comes into force not later than 31st December 1997.

• (3) Subject to paragraph (6)(d) of regulation 7, a licence shall be a Group 1 licence in so far as it authorises, by virtue of paragraphs (4), (5) and (6) of that regulation, the driving of a class of motor vehicles which is not included in a category or sub-category specified in relation to a Group 1 licence in paragraph (1) or (2) above.

Disabilities prescribed in respect of Group 1 and 2 licences

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• (1) The following disabilities are prescribed for the purposes of section 92(2) of the Traffic Act as relevant disabilities in relation to an applicant for, or a person who holds, a Group 1 or Group 2 licence—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .