The Motor Vehicles (Driving Licences) (Amendment) Regulations 2024

Statutory Instruments

2024 No. 381

ROAD TRAFFIC

The Motor Vehicles (Driving Licences) (Amendment) Regulations 2024

Made

13th March 2024

Laid before Parliament

21st March 2024

Coming into force

11th April 2024

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 88(5) and (6) and 105(1), (2)(a) and (3) of the Road Traffic Act 1988(1).

The Secretary of State has consulted with representative organisations in accordance with section 195(2) of the Road Traffic Act 1988.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 2024.

(2) These Regulations come into force on 11th April 2024.

(3) These Regulations extend to England and Wales and Scotland.

Amendment to the Motor Vehicles (Driving Licences) Regulations 1999

2.  The Motor Vehicles (Driving Licences) Regulations 1999(2) are amended as follows.

3.  After regulation 80A (Modification of regulation 80: Appendix Ukraine Scheme), insert—

“Modification of regulation 80 and further enactments relating to licences in respect of certain licences issued in EEA States

80B.— (1) This regulation applies in respect of a person—

(a) who is the holder of a relevant permit within the meaning given by regulation 80(6)(i), and

(b) where conditions A and B are satisfied.

(2) Condition A is that the relevant permit was issued—

(a) in an EEA State, and

(b) in exchange for a licence or a Northern Ireland licence.

(3) Condition B is that the licence or Northern Ireland licence, as the case may be, referred to in paragraph (2)—

(a) was issued on or after 1st January 2021, and

(b) was not issued—

(i) as a renewal or replacement of, or in exchange for, another licence, or Northern Ireland licence, issued before 1st January 2021, or

(ii) in exchange for a relevant permit within the meaning given by regulation 80(6) issued in relation to a country outside of the United Kingdom.

(4) Where this regulation applies, regulation 80 (persons who become resident in Great Britain) has effect subject to the modifications in paragraph (5).

(5) Regulation 80 is to be read as if—

(a) in paragraph (1)—

(i) the reference to the period of one year after a person becomes resident in Great Britain were a reference to the period for which that person is authorised to drive by that relevant permit after they become resident, and

(ii) the reference to all classes of small vehicle, motor bicycle or moped were a reference to a motor vehicle, and

(b) paragraphs (4) and (5) were omitted.

(6) Where this regulation applies, references in any enactment relating to licences to a Community licence, or the holder of a Community licence, have effect as if they also included a reference to the relevant permit described in paragraph (1), or the holder of such a relevant permit, as the case may be.”.

Signed by authority of the Secretary of State for Transport

Guy Opperman

Parlimentary Under Secretary of State

Department for Transport

13th March 2024

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (Driving Licences) Regulations 1999 (S.I. 1999/2864) (“the 1999 Regulations”).

Regulation 3 amends the 1999 Regulations to insert a new regulation 80B.

The new regulation 80B applies to individuals who become resident in Great Britain and who are holders of an EEA licence which had been issued in exchange for a licence or a Northern Ireland licence that was issued on or after 1st January 2021 authorising the driving of any class of motor vehicle. These individuals are authorised, after becoming resident, to rely on their EEA licence to drive in Great Britain any class of motor vehicle as authorised by their EEA licence, for as long as they are authorised to do so by their EEA licence.

The new regulation 80B(6) also applies references in existing legislation to Community licences, and the holder of a Community licence to those individuals who are in scope of that regulation.

A full Impact Assessment has not been produced for this instrument as it is not expected to have significant impact on the private, public or voluntary sectors.

An Explanatory Memorandum is published alongside these Regulations on www.legislation.gov.uk.

(1)

1988 c. 52; section 88(6) was amended by the Road Safety Act 2006 (c. 49) section 59 and Schedule 7, paragraph 1. Section 105(2)(a) was substituted by the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974), Schedule 1, paragraph 17(a); it was amended by the Crime (International Co-operation) Act 2003 (c. 32), section 91 and Schedule 5, paragraphs 17 and 23(i), and the Road Safety Act 2006 (c. 49), section 10 and Schedule 3, paragraphs 2 and 13(1) and (2)(a).

(2)

S.I. 1999/2864, to which there are amendments not relevant to these Regulations.