Statutory Instrument 1998 No. 20

      The Motor Vehicles (Driving Licences) (Amendment) Regulations 1998


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STATUTORY INSTRUMENTS


1998 No. 20

ROAD TRAFFIC

The Motor Vehicles (Driving Licences) (Amendment) Regulations 1998

  Made 8th January 1998 
  Laid before Parliament 9th January 1998 
  Coming into force
  except for regulations 11 and 20 31st January 1998 
  regulations 11 and 20 1st April 1998 

The Secretary of State for Transport, in exercise of the powers conferred by sections 88(5) and (6)[1], 89(3), (5) and (7)[2], 97(3) and (3A)[3], 101(2) and (3), 105[4], 108(1)[5], 114(1)[6], 115(1) and (3)[7], 115A(1)[8], 117(1) and (2A)[9], 120 and 192(1)[10] of the Road Traffic Act 1988[11], after consulting with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations: - 

     1. These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 1998 and shall come into force - 

    (a) for all purposes except those of regulations 11 and 20 on 31st January 1998, and

    (b) for the purposes of regulations 11 and 20 on 1st April 1998.

     2. The Motor Vehicles (Driving Licences) Regulations 1996[12] shall be further amended in accordance with the following regulations.

     3. In regulation 3(1), in the definition of "unladen weight", for the words from "in the case of" to the end there shall be substituted "in the case of a road roller, includes the weight of any object for the time being attached to the vehicle, being an object specially designed to be so attached for the purpose of temporarily increasing the vehicle's weight".

    
4.  - (1) Regulation 7 shall be amended as follows.

    (2) In paragraph (2) - 

    (3) In paragraph (6), for the words "small passenger-carrying vehicle" there shall be substituted "vehicle of a class included in sub-category D1".

    (4) After paragraph (10A) there shall be inserted - 

     5. In regulation 8(4)(b), after the words "Northern Ireland", in both places where they occur, there shall be inserted "or the law of Gibraltar".

    
6. In regulation 10, at the end, there shall be inserted - 

     7.  - (1) Regulation 15 shall be amended as follows.

    (2) In paragraph (2)(c), after the words "motor vehicle" there shall be inserted ", other than a vehicle of a class included in category C, C+E, D or D+E,".

    (3) After paragraph (10) there shall be inserted - 

     8. In regulation 23(2), for "regulation 44(8)" there shall be substituted "regulations 44(8) and 45(5)".

    
9.  - (1) Regulation 34 shall be amended as follows.

    (2) In paragraph (1), at the beginning, there shall be inserted the words "Subject to paragraph (1A),".

    (3) After paragraph (1), there shall be inserted - 

    (4) In paragraph (8), in the definition of "excepted provisional licence", for the words "C1, D1 (not for hire or reward), D1+E (not for hire or reward) and C1+E (8.25 tonnes)"there shall be substituted "C1 and D1 (not for hire or reward)".

    
10.  - (1) Regulation 42 shall be amended as follows.

    (2) In paragraph (1), for the words "subject to paragraph (2)" there shall be substituted "subject to the following provisions of this regulation".

    (3) In paragraph (3), for the words "subject to paragraph (7)" there shall be substituted "subject to the following provisions of this regulation".

    (4) For paragraph (4) there shall be substituted - 

    (5) For paragraph (6) there shall be substituted - 

    (6) In paragraph (9A), for the words "sub-category B1" there shall be substituted "sub-categories B1 and B1 (invalid carriages)".

    
11.  - (1) Regulation 43 shall be amended as follows.

    (2) In paragraph (1), for "(4) and (5)" there shall be substituted "(4), (4B) and (5)".

    (3) In paragraph (4), after "by virtue of paragraph (2)", there shall be inserted "or (5)".

    (4) For paragraph (4A), there shall be substituted - 

    (5) For paragraph (5) there shall be substituted - 

     12. For regulation 52 there shall be substituted - 

    " Large goods vehicle drivers' licences and LGV Community licences: obligatory revocation or withdrawal and disqualification
        
    52.  - (1) The prescribed circumstances for the purposes of section 115(1)(a) of the Traffic Act[15] 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 58 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 58 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 driver's 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 licensing authority.

        (4) Where the licensing authority 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 licensing authority may determine.".

     13. For regulation 53 there shall be substituted - 

     14.  - (1) Regulation 55 shall be amended as follows.

    (2) In paragraph (1), for the words "Approved training courses for riders of motor bicycles"there shall be substituted "An approved training course is one complying with and conducted in accordance with this Part of these Regulations and".

    (3) For paragraph (3) there shall be substituted - 


Notes:

[1] Subsection (6) was amended by the Driving Licences (Community Driving Licence) Regulations 1990 (S.I. 1990/144) (the 1990 Regulations). back

[2] Subsection (3) was amended by the Road Traffic Act 1991 (c.40) (the 1991 Act), Schedule 4, paragraph 63; subsection (7) was amended by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c.22) (the 1989 Act), Schedule 3, paragraph 8, and by the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974) (the 1996 Regulations). back

[3] Subsection (3) was amended by the 1989 Act, section 6(2) and Schedule 6 and by the 1996 Regulations; subsection (3A) was inserted by the 1989 Act, section 6(2) and was amended by the 1996 Regulations. back

[4] Subsection (2) was amended by the 1989 Act, Schedule 3, paragraph 14, by the 1990 Regulations and by the 1996 Regulations. back

[5] See the definitions of prescribed and regulations. back

[6] Sections 114, 115, 117 and 120 were substituted by the 1989 Act, section 2(1) and Schedule 2. Section 114(1) was amended by the 1996 Regulations. back

[7] Subsection (3) was amended by the 1991 Act, Schedule 4, paragraph 64, and by the 1996 Regulations. back

[8] Section 115A was inserted by the 1996 Regulations. back

[9] Subsection (2A) was inserted by the 1991 Act, Schedule 4, paragraph 65. back

[10] See the definition of prescribed. back

[11] 1988 c.52. back

[12] S.I. 1996/2824, amended by S.I. 1996/3198 and 1997/256, 669, 846, 2070 and 2915. back

[13] I.e. the Road Traffic Offenders Act 1988. Section 58(1) was amended by the 1990 Regulations. back

[14] Section 29 was substituted by section 28 of the 1991 Act. back

[15] I.e. The Road Traffic Act 1988. back



 
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Prepared 28 January 1998