The Motorways Traffic (England and Wales) Regulations 1982

Vehicles not to be driven by learner drivers E+W

[F1 11.— (1) Subject to [F2 paragraphs (3) and (3A)], a person shall not drive on a motorway a motor vehicle to which this regulation applies if he is authorised to drive that vehicle only by virtue of his being the holder of a provisional licence.

(2) This regulation applies to—

(a) a motor vehicle in category A or B or sub-category C1+E (8.25 tonnes), D1 (not for hire or reward), D1+E (not for hire or reward) or P, and

(b) a motor vehicle in category B+E or sub-category C1 if the provisional licence authorising the driving of such a motor vehicle was in force at a time before 1st January 1997.

(3) Paragraph (1) shall not apply in relation to a vehicle if the holder of the provisional licence has passed a test of competence prescribed under section 89 of the Road Traffic Act 1988 for the grant of a licence to drive that vehicle.

[F3 (3A) Paragraph (1) shall not apply where the holder of the provisional licence—

(a) is driving a category B vehicle the transmission of which may be disengaged, and the brakes operated, independently from the driver by a person sitting in the front passenger seat, and

(b) is under the supervision of a person who is present with him in the vehicle, and whose name is in Part 1 or Part 2 of the register of approved instructors, referred to in section 123(1)(a) and (aa) of the Road Traffic Act 1988, and the registration is not suspended.]

(4) In this regulation —

(a) the expression “in force”and expressions relating to vehicle categories shall be construed in accordance with [F4 regulations 3(1) and (2)(a) and 4(3) of the Motor Vehicles (Driving Licences) Regulations 1999];

(b) “provisional licence”, in relation to any vehicle, means a licence —

(i) granted under section 97(2) of the Road Traffic Act 1988, or

(ii) treated, by virtue of section 98 of that Act and regulations made thereunder, as authorising its holder to drive that vehicle as if he were authorised by a provisional licence to do so.]

Textual Amendments

F1 Reg. 11 substituted (1.1.1997) by The Motorways Traffic (England and Wales) (Amendment) Regulations 1996 (S.I. 1996/3053), regs. 1, 2(2)

F2 Words in reg. 11(1) substituted (4.6.2018) by The Motorways Traffic (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/222), regs. 1(1), 2(2)(a)

F3 Reg. 11(3A) inserted (4.6.2018) by The Motorways Traffic (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/222), regs. 1(1), 2(2)(b)

F4 Words in reg. 11(4)(a) substituted (4.6.2018) by The Motorways Traffic (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/222), regs. 1(1), 2(2)(c)