Statutory Instrument 1990 No. 842

The Motor Vehicles (Driving Licences) (Amendment) Regulations 1990

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© Crown Copyright 1990

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1990 No. 842

ROAD TRAFFIC

The Motor Vehicles (Driving Licences) (Amendment) Regulations 1990

The Secretary of State for Transport, in exercise of the powers conferred by sections 88(5) and (6), 89(3), (6) and (7), 94(4), 97(1) and (3), 98(4), 99(2), 105 and 108(1)^[1] of the Road Traffic Act 1988^[2], and of all other enabling powers, and after consultation with representative organisations in accordance with section 195(2) of that Act, and with the approval of the Treasury, hereby makes the following Regulations:

    1.    These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 1990 and shall come into force for all purposes except for those of regulations 3(c), 5(b), 6 and 9 on 1st June 1990 and for the purposes of regulations 6 and 9 on 30th April 1990 and for the purposes of regulations 3(c) and 5(b) on 1st January 1991.

    2.    The Motor Vehicles (Driving Licences) Regulations 1987^[3] shall be amended in accordance with the following provisions of these Regulations and in accordance with the additional amendments set out in Schedule 1 thereto.

    3.    In regulation 3(1) (interpretation)—
 (a) there shall be added the following definitions at the appropriate places in alphabetical order—
"(i) "category"" ;

, and
"(ii) "maximum authorised mass" has the same meaning—
(a) in relation to goods vehicles as "permissible maximum weight" in section 108(1) of the Road Traffic Act 1988, and

(b) in relation to any other vehicle or trailer as "maximum gross weight" in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986^[4];" ;



 (b) the definition of "group" shall be omitted; and
 (c) in the definition of licence after the word "Act" there shall be inserted the words "other than a large goods vehicle or passenger-carrying vehicle driver's licence as defined in section 110(2) of the Road Traffic Act 1988"^[5].

    4.    In the table in regulation 7^[6] (fees for licences)—
 (a) in paragraph 2, after the words "1 above or" there shall be inserted the words "3A or";
 (b) in paragraph 3, after the words "or 2 above" there shall be inserted the words "or 3A below";
 (c) in paragraph 3(b), for the words "groups A, B, C or E" there shall be substituted the words "category B, B plus E, B1, C1, C1 plus E, D1, D1 plus E or P";
 (d) in paragraph 3(d), after the word "person" there shall be inserted the words ", other than a person referred to in paragraph 3A below,";
 (e) after paragraph 3, there shall be inserted the following paragraph—
    "3A.    A full or provisional licence granted to a person, who has held a licence for any class of vehicle, to take effect on or after 1st June 1990 on the expiry of—
(a) a disqualification ordered for a reason set out in paragraph (7)(a) of regulation 24; or

(b) the second and any subsequent disqualification ordered, within any period of 10 years, for a reason set out in paragraph (7)(b) of regulation 24, irrespective of the date when such an order was made." ;



 (f) in column (2), opposite the entry for paragraph 3A there shall be inserted the words "£20.00"; and
 (g) in paragraph 4, after the words "A licence" there shall be inserted the words "(not being a licence falling within paragraph 3A above)".

    5.    In regulation 9 (conditions attached to provisional licences)—
 (a) in paragraph (1)(d) for the words "a person who is not a qualified driver" there shall be substituted the words "another person";
 (b) in paragraph (2)(a) the words "or a test of competence to drive heavy goods vehicles under Part IV of the 1972 Act" shall be omitted; and
 (c) in the definition of "qualified driver" in paragraph (6) after the word "design" there shall be inserted the words "or class" and for the word "group" there shall be substituted the word "category".

    6.    In regulation 13 (lost or defaced licences)—
 (a) in paragraph (1)—
 (i) in sub-paragraph (a)(i) after the word "licence" there shall be inserted the words "or its counterpart", and
 (ii) for the word "issue" to the end there shall be substituted the words ", on surrender of any licence or counterpart that has not been lost, issue to him a duplicate licence and counterpart and shall endorse upon the counterpart any particulars endorsed upon the original licence or counterpart as the case may be and the duplicates so issued shall have the same effect as the originals."; and
 (b) after paragraph (2) there shall be inserted the following paragraph—
"  (3)  The obligation in paragraph (2) shall apply in respect of the counterpart of a licence as if for the words "original licence" in each place where they occur there were substituted the words "original counterpart"." .

    7.    In regulation 20 (nature of tests)—
 (a) in paragraphs (1), (1)(c) and (6) for the word "group" in each place where it occurs there shall be substituted the word "category";
 (b) in the proviso to paragraph (1) for the words "construction or design" in each place where they occur there shall be substituted the word "class"; and
 (c) to paragraph (6) there shall be added the following proviso—

"Provided that where the test was passed on a vehicle with automatic transmission of a class included in category B, C1 or D1 he shall, as regards those categories when listed as additional categories as above, be deemed for those purposes competent to drive only vehicles of a class included in any of those categories with automatic transmission and where the test was passed on an invalid carriage he shall be deemed for those purposes competent to drive only invalid carriages included in any additional category." .

    8.    In regulation 24 (disabilities) there shall be inserted at the end the following paragraphs—
"  (7)  Subject to paragraph (8), the circumstances prescribed for the purposes of subsection (5) of section 94 of the Road Traffic Act 1988, under subsection (4) of that section, are that the person who is an applicant for, or holder of, a licence—
(a) has been disqualified by an order of a court by reason that the proportion of alcohol in his breath, blood or urine exceeded the limit prescribed by virtue of section 5 of the Road Traffic Act 1988 by at least two and a half times or that he failed, without reasonable excuse, to provide a specimen when required to do so pursuant to section 7 of that Act; or

(b) has been disqualified by an order of a court on two or more occasions within any period of 10 years by reason that the proportion of alcohol in his breath, blood or urine exceeded the limit prescribed by virtue of section 5 of the Road Traffic Act 1988 or that he was unfit to drive through drink contrary to section 4 of that Act.


    (8)  In paragraph (7)(a) the order of the court shall have been made on or after 1st June 1990 and in paragraph (7)(b) at least the last such order shall have been made on or after 1st June 1990." .

    9.    In regulation 25(3) (application of certain enactments to persons who become resident in Great Britain), for sub-paragraphs (a) to (f) there shall be substituted the following sub-paragraphs—
"(a) section 47(2) of the Road Traffic Offenders Act 1988^[7] (which relates to the powers and duties of a court when it orders a disqualification or an endorsement) shall apply in relation to the holder of a permit, only where the court has ordered him to be disqualified and as if for the words "send the licence" onwards there were substituted the words "send the permit", on its being produced to the court, to the Secretary of State who shall keep the permit until the disqualification has expired or been removed or the person entitled to the permit leaves Great Britain and in any case has made a demand in writing for its return to him;

(b) section 7 of the Road Traffic Offenders Act 1988^[8] (production of licence and counterpart to court) shall apply as if the references to a licence were references to a permit and as if the words after paragraph (c) thereof were omitted;

(c) section 27(1), (2) and (3) of the Road Traffic Offenders Act 1988^[9] (production of licence and counterpart) shall apply as if the references to a licence were references to a permit, but with the omission—
(i) of any reference to the counterpart of a licence,

(ii) in subsection (1) of the words ", before making any order under section 44 of this Act,", and

(iii) in subsection (3) of the words ", unless he satisfies the Court that he has applied for a new licence and has not received it";

(d) section 42(5) of the Road Traffic Offenders Act 1988^[10] (which relates to the duty of a court when it orders a disqualification to be removed) shall apply in relation to the holder of a permit as if for the words "endorsed on the counterpart of the licence" onwards there were substituted the words "notified to the Secretary of State";

(e) section 164(1), (6) and (8) of the Road Traffic Act 1988^[11] (which authorise a police constable to require the production of a licence and its counterpart) shall apply as if the references to a licence were references to a permit and any reference to a counterpart of a licence were omitted; and

(f) section 173 of the Road Traffic Act 1988^[12] (forgery of documents, etc) shall apply as if the reference in paragraph (a) of subsection (2) of that section to any licence under any Part of that Act were a reference to a permit and the reference, in the case of a licence to drive, to any counterpart were omitted." .

    10.    For regulation 29 (entitlement to groups) there shall be substituted the following regulation—
    "29.—(1)  Subject to paragraphs (2) and (3), the categories of vehicles specified in the second column of the table in Schedule 3 are hereby designated as groups for the purposes of section 89(1)(a) and (b) of the Road Traffic Act 1988.

    (2)  In the case of a person who has passed a test in a vehicle with automatic transmission of a class included in category B, C1 or D1 or who has held a licence restricted to vehicles with automatic transmission of any such class, the categories of vehicles designated as groups by paragraph (1) are, in the case of categories B, C1 and D1, restricted to vehicles of any class with automatic transmission.

    (3)  In the case of a person who has passed a test in an invalid carriage, the categories of vehicles designated as groups by paragraph (1) are restricted to invalid carriages in such categories." .

    11.    After regulation 32, there shall be inserted the following regulations—

"Effect of change in classification from groups to categories
    33.—(1)  In licences (whether full or provisional) issued before 1st June 1990 any reference (including a reference construed in accordance with regulations 30, 31 and 32) to motor vehicles of a group specified in column (1) of the table in this regulation shall be construed as a reference to motor vehicles of the category specified opposite thereto in column (2) of that table and licences to drive vehicles of a class included in such a group shall authorise the holder to drive motor vehicles of a class included in that category in addition to motor vehicles of a class included in that group.

    (2)  A person who before 1st June 1990 has passed or is regarded as having passed a test to drive motor vehicles of a class included in a group specified in column (1) of the table in this regulation shall also be regarded as having passed a test to drive motor vehicles of a class included in the category specified opposite thereto in column (2) of that table.

    (3)  In this regulation "group" has the same meaning as it had in these Regulations before they were amended by the Motor Vehicles (Driving Licences) (Amendment) Regulations 1990.
Table

(1)	(2)
Group	Category
A	B
B	B, limited to vehicles with automatic tramsmission
C	B1
D	A
E	P
F	F
G	G
H	H
J	B1, limited to invalid carriages
K	K
L	L
M	Trolley vehicles used for the carriage of passengers, with more than 16 seats in addition to the driver's seat
N	N.





Effect of change in classification on entitlement to drive large buses
    34.—(1)  A person who holds a licence to drive public service vehicles granted under section 22 of the 1981 Act, or who may drive such vehicles by virtue of paragraph 10 of Schedule 1 to the Road Traffic (Driver Licensing and Information Systems) Act 1989^[13], may also drive motor vehicles used for the carriage of passengers, with more than 16 seats in addition to the driver's seat, other than for hire and reward.

    (2)  A person who holds a licence on or after 1st June 1990 to drive vehicles in categories B and D1 and who held on 31st May 1990 a licence entitling him to drive vehicles of a class included in group A or B or was entitled on that date to drive such vehicles by virtue of section 88(1) of the Road Traffic Act 1988, may also drive motor vehicles used for the carriage of passengers, with more than 16 seats in addition to the driver's seat, other than for hire and reward or for hire and reward only in the circumstances set out in section 46(1) of the 1981 Act or section 18 of the 1985 Act.

    (3)  A person may drive, other than for hire and reward, and subject to the same conditions as if he were authorised by a provisional licence only, a motor vehicle used for the carriage of passengers, with more than 16 seats in addition to the driver's seat if he holds a licence on or after 1st June 1990 to drive vehicles in categories B and D1 but did not hold a licence to drive vehicles of a class included in group A or B on 31st May 1990, or was not entitled to drive such vehicles by virtue of section 88(1) of the Road Traffic Act 1988, provided he has made an application for the grant of a licence under section 22 of the 1981 Act to drive a public service vehicle and that application has not been refused.

    (4)  The provisions of section 98(2) of the Road Traffic Act 1988 shall not apply so far as to confer on a person who holds a full licence to drive motor vehicles of certain classes only, entitlement to drive a motor vehicle used for the carriage of passengers, with more than 16 seats in addition to the driver's seat.

    (5)  A person may not drive a vehicle by virtue of this regulation if he could not, by reason of the provisions of section 101 of the Road Traffic Act 1988, lawfully hold a licence to drive such a vehicle.

    (6)  In this regulation "group" has the same meaning as it had in these Regulations before they were amended by the Motor Vehicles (Driving Licences) (Amendment) Regulations 1990.



Effect of change in classification on entitlement to drive heavy goods vehicles to which Part IV of the Road Traffic Act 1988 does not apply
    35.    The holder of a licence to drive vehicles in categories B and C1 may also drive a heavy goods vehicle of any of the classes listed in regulation 29 of the Heavy Goods Vehicles (Drivers' Licences) Regulations 1977^[14]." .

    12.    There shall be substituted for Schedule 3, Schedule 2 to these Regulations.

Signed by authority of the Secretary of State for Transport.

Robert Atkins

Parliamentary Under Secretary of State, Department of Transport

28th March 1990
We approve the amount of the fees prescribed in these Regulations

John Taylor

Kenneth Carlisle

Two of the Lords Commissioners of Her Majesty's Treasury

3rd April 1990

[1] See the definition of "prescribed" and "regulations". back

[2] 1988 c. 52; section 88(6) was amended by the Driving Licences (Community Driving Licence) Regulations 1990 (S.I. 1990/144) Schedule 1, paragraph 1; section 89(6) was amended by Schedule 3, paragraph 8(b)(ii) and (iii) of the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22); section 94(4) was amended by section 5(7) of that Act; section 97(1) was amended by Schedule 3, paragraph 9(b) of, and Schedule 6 to, that Act, and is to be read with the Department of Transport (Fees) Order 1988 (S.I. 1988/643); section 98(4) was amended by Schedule 3, paragraph 11(d) of that Act; section 105 was amended by Schedule 3, paragraph 14 of that Act and Schedule 1, paragraph 6 of those Regulations. back

[3] S.I. 1987/1378, the relevant amending instruments are S.I. 1988/1062, 1989/762, 1989/1612. back

[4] S.I. 1986/1078; the relevant amending instrument is S.I. 1987/676. back

[5] Section 110(2) is as substituted by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22), Schedule 2. back

[6] Regulation 7 was substituted by S.I. 1988/1062. back

[7] 1988 c. 53; section 47(2) was amended by S.I. 1990/144, Schedule 2, paragraph 13(a). back

[8] Section 7 was amended by S.I. 1990/144, Schedule 2, paragraph 1. back

[9] Section 27 was amended by S.I. 1990/144, Schedule 2, paragraph 3. back

[10] Section 42(5) was amended by S.I. 1990/144, Schedule 2, paragraph 9. back

[11] Section 164 was amended by S.I. 1990/144, Schedule 1, paragraph 9. back

[12] Section 173 was amended by S.I. 1990/144, Schedule 1, paragraph 11. back

[13] 1989 c. 22. back

[14] S.I. 1977/1309; the relevant amending instruments are S.I. 1977/2174, 1980/1733, 1981/631, 1984/1925, 1986/752. back

Explanatory Note