LegalizeThe Motor Vehicles (Driving Licences) (Amendment) Regulations 2012
Schedule 2 Paragraph 2amends section 39(1) of the 2006 Act, which in turn inserts section 98A into the 1988 Act providing for the compulsory surrender of old-form licences. Following compulsory surrender, the Secretary of State may require a person to provide medical evidence before granting a new driving licence. Paragraph 3 amends Schedule 3 to the 2006 Act, to ensure the reference to a counterpart licence in the new section 99(7ZZA) of the 1988 Act, inserted by paragraph 3(3) of Schedule 1 to these Regulations, is included in the general repeal of all references to counterpart licences, once the relevant provisions of the 2006 Act are brought into force.
Schedule 3 Paragraphs 2 to 4, 5(b) and (c), 7 to 18, 19(c), (d)(ii) and (f), 20 to 26, 27(a), (c), (d) and (f), 28 to 30, 32 to 38, 41(b) and (c), 42, 43, 46(a), 48, 49(a) and (c)(i) and 50 to 53provide for the introduction of new categories and sub-categories of vehicles (principally mopeds and motorcycles) and that there is no driving test (and hence that no new licence is to be granted) in respect of vehicles formerly in sub-category B1 (lighter three or four wheeled vehicles). New category AM comprises of mopeds and light quadricycles; category Q comprises of vehicles which would be mopeds save that their maximum design speed is 25 kilometres per hour or less; category A (motor bicycles) is divided into three sub-categories, namely A1 motorcycles, A2 motorcycles and A3 motorcycles and category A motor tricycles is divided into two sub-categories, namely A1 motor tricycles and A3 motor tricycles. Paragraphs 2 to 4, 5(c), 6, 8(c) and (g), 27(b) and (e), 31, 32, 41(a), 44, 45 and 46(b) make provision for the preservation of entitlements existing before 19th January 2013 to drive specified classes of vehicle (lighter three or four wheeled vehicles, cars with heavier trailers, longer minibuses, two or three wheeled vehicles up to 50cc. and capable of 50km/h and large motor bicycles). After 18th January 2013, licences for these classes can only be granted to those who held such an entitlement before 19th January 2013 or who passed a test for a licence to drive such vehicles before that date. Those holding, or entitled to apply for such a licence are authorised to drive, or to apply for the grant of a licence to drive, such vehicles and any licence granted is construed as authorising the driving of such vehicles. Paragraphs 4, 13(c) and 46(a)(viii) and (b) make provision regarding the granting of licences for category B96, which category comprises of cars or light vans combined with a trailer having a maximum authorised mass exceeding 750 kilograms. A B96 licence is only granted if a person holds, or held, a Community licence to drive such vehicles. Paragraphs 5(a), 9, 20(b), (c) and (d) make provision in relation to the use of vehicles by those who are disabled and the competency of such persons to drive. Paragraphs 19(a), (b), (d)(i) and (e) and 49(b) and (c)(i) omit provisions relating to fees in respect of tests conducted before 5th October 2009. Paragraphs 39 and 40make provision as to the validity of certificates relating to approved training courses and in relation to certificates issued before 19th January 2013. Paragraph 47, in relation to Group 1 (cars, vans, mopeds and motor bicycles) and Group 2 (lorries and buses) photocard licences, limits the payment of the licence exchange fee to the circumstances where the licence surrendered was issued before 19th January 2013 and, in relation to Group 1 photocard licences granted and surrendered after 18th January 2013, limits the payment of the licence exchange fee to the circumstances where the new licence is valid for 10 years. A transposition note setting out how the Third Directive is transposed into the law in England and Wales and Scotland has been produced and is available on the Department for Transport website, www.dft.gov.uk. The transposition note is attached to the Explanatory Memorandum and is available alongside the instrument at www.legislation.gov.uk. A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from www.direct.gov.uk. The impact assessment is also attached to the Explanatory Memorandum and available alongside the instrument at www.legislation.gov.uk.
Footnotes
1972 c.68, as amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1). By virtue of the amendment of section 1(2) of the European Communities Act 1972 by section 1 of the European Economic Area Act 1993 (c.51), regulations may be made under section 2(2) of the European Communities Act 1972 to implement obligations of the United Kingdom created or arising by or under the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cm 2073) and the Protocol adjusting the Agreement signed at Brussels on 17th March 1993 (Cm 2183).
Section 89(3)(a) was amended by the Road Traffic Act 1991 (c.40) (“the 1991 Act”), Schedule 4, paragraph 63 and the Road Safety Act 2006 (c.49) (“the 2006 Act”), section 36(1) and (2)(a).
Section 89(4)(a) was amended by the 2006 Act, section 36(1) and (3)(a) and (b).
Section 89(5) was amended by the 2006 Act, section 36 and Schedule 7.
Section 97(3) was amended by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c.22) (“the 1989 Act”) sections 6(2) and 16 and Schedule 6; the Transport Act 2000 (c.38), section 274 and Schedule 31, Part V(1) and S.I. 1996/1974, 1998/1420.
Section 98(4) was amended by the 1989 Act, section 7 and Schedule 3, paragraph 11(d).
Section 99(7ZA) was inserted by the 2006 Act, section 40(1)(b).
Section 99A was inserted by S.I. 1996/1974.
Section 105(2)(a) was amended by the Crime (International Co-operation) Act 2003 (c.32) (“the 2003 Act”), Schedule 5, paragraphs 17 and 23(a)(i) and the 2006 Act, Schedule 3, paragraphs 2 and 13(1) and (2)(a).
Section 105(2)(ee) was inserted by the 1989 Act, section 7 and Schedule 3, paragraph 14 and amended by the 1991 Act, section 83 and Schedule 8.
Section 105(2)(f) was amended by the 1991 Act, section 83 and Schedule 8 and the 2003 Act, Schedule 5, paragraphs 17 and 23(a)(iv).
Section 195(2) was amended by the Road Safety Act 2006 (c.49) sections 42 and 59 and Schedule 6, paragraphs 1 and 30 and Schedule 7. As at the date of these Regulations being made these provisions are yet to be commenced in respect of this amendment.
2006 c.49: at the date of these Regulations being made, Schedule 3 is yet to be commenced.
OJ L 51, 22.6.2006, p.17.
Section 97(1)(d) was amended by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c.22) (“the 1989 Act”), Schedule 3, paragraph 9; the Road Traffic (New Drivers) Act 1995 (c.13), Schedule 2, paragraph 2 and the Crime (International Co-operation) Act 2003 (c.32), Schedule 5, paragraphs 17 and 21.
Section 99(2A) was inserted by S.I. 1998/1420.
Section 98(2) was amended by the 1989 Act, section 5(10)(a) and the Transport Act 2000, Schedule 29, paragraphs 1 and 4. As at the date of these Regulations being made, these provisions in the Transport Act 2000 are yet to be commenced. Section 98(2) was also amended by S.I. 1990/144 in relation to licences which come into force on or after 1 June 1990. Paragraphs (a) and (b) of section 98(2) were substituted by the 1989 Act, Schedule 3, paragraph 11(b).
Section 99(3) was amended by S.I. 1990/144, Schedule 1, paragraph 5(a), in relation to driving licences which come into force on or after 1 June 1990. Section 99(3) was also amended by the Road Safety Act 2006 (c.49) (“the 2006 Act”), Schedule 3, paragraphs 2, 9(1), 3(a), (b) and (c) and Schedule 7. As at the date of these Regulations being made, these provisions of the 2006 Act are yet to be commenced. Section 99(3) was also amended by the 1989 Act, Schedule 3, paragraph 12(b).
Section 99(4) was amended by S.I. 1990/144, Schedule 1, paragraph 5(b), in relation to driving licences which come into force on or after 1 June 1990. Section 99(4) was also amended by S.I. 1998/1420, regulation 8(4). The words “and its counterpart” were repealed by the 2006 Act, Schedule 3, paragraphs 2, 9(1), (4) and Schedule 7. As at the date of these Regulations being made, these provisions of the 2006 Act are yet to be commenced.
Section 93(1) was amended by S.I. 1996/1974, Schedule 1, paragraph 4.
Section 93(2) was amended by S.I. 1990/144, Schedule 1, paragraph 2(a), in relation to driving licences which come into force on or after 1 June 1990. The words “and its counterpart” were repealed by the 2006 Act, Schedule 3, paragraphs 2, 5(1), (2) and Schedule 7. As at the date of these Regulations being made, these provisions of the 2006 Act are yet to be commenced.
Section 99(7) was substituted by S.I. 1998/1420, regulation 8(6) and was amended by the 2006 Act, section 40(1)(a), Schedule 3, paragraphs 2, 9(1) and (6) and Schedule 7. As at the date of these Regulations being made, these provisions of the 2006 Act are yet to be commenced.
Section 99(7ZA) was inserted by section 40(1)(b) of the Road Safety Act 2006 (c.49) (“the 2006 Act”) and was amended by Schedule 3, paragraphs 2, 9(1) and (7) and Schedule 7 to that Act. As at the date of these Regulations being made, the amendments made by Schedule 3 and Schedule 7 to the 2006 Act are yet to be commenced.
Sections 99(7A) and (7B) were inserted by S.I. 1998/1420, regulation 8(6).
In section 108(1), the definitions of “EEA State” and EEA Agreement” were inserted by S.I. 1996/1974, Schedule 1, paragraph 19(2).
The definition “EEA State” was inserted into Schedule 1 to the Interpretation Act 1978 (c.30) by the Legislative and Regulatory Reform Act 2006 (c.51), section 26(1).
In section 98A(4), the words “with its counterpart” are repealed by the Road Safety Act 2006 (c.49) (“the 2006 Act”), Schedule 3, paragraphs 2 and 8(1) and (4) and Schedule 7. As at the date of these Regulations being made, section 39(1) and these repealing provisions in the 2006 Act are yet to be commenced.
As at the date of these Regulations being made, section 10 of, and Schedule 3 to, the 2006 Act are yet to be commenced.
Section 3 was amended by the Crime (International Co-operation) Act 2003 (c.32) (“the 2003 Act”), Schedule 5, paragraphs 45 and 47 and the Road Safety Act 2006 (c.49) (“the 2006 Act”), Schedule 1, paragraphs 24 and 26.
Schedule 1 was amended by the Access to Justice Act 1999 (c.22), Schedule 13, paragraph 173; the 2003 Act, Schedule 5, paragraphs 45 and 52 to 60 and the 2006 Act, Schedule 1, paragraphs 24 and 27.
1971 c.10; notwithstanding the repeal of the 1971 Act by the Vehicle Excise and Registration Act 1994 (c.22), section 65 and Schedule 5, licences may still be granted in respect of vehicles in former category N.
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