The Motor Vehicles (Driving Licences) (Amendment) Regulations (Northern Ireland) 2012

Amendment of the Road Traffic (Northern Ireland) Order 1981

2.—(1) The Road Traffic (Northern Ireland) Order 1981 is amended in accordance with paragraphs (2) to (8).

(2) In Article 13(1) (grant of licences)—

(a) for sub-paragraph (d) substitute—

“(d) is not —

(i) in accordance with Article 4(3) subject to a current disqualification which is relevant to the licence he applies for; or

(ii) subject to a current disqualification under the law of an EEA State (other than the United Kingdom) which relates to vehicles of the class, or of a class corresponding to the class, to which the application relates and was imposed while the person was the holder of a licence granted under the law of that State; and

(e) is not prevented from obtaining the licence by the provisions of Article 5 of this Order or Article 6 of, or paragraph 6 or 9 of Schedule 1 to, the Road Traffic (New Drivers) (Northern Ireland) Order 1998(1).”.

(b) omit paragraphs (3)(d), (5) and (5A)(2).

(3) In Article 14(3) (form of licence) for paragraph (3) substitute—

“(3) A licence shall not by virtue of paragraph (2) authorise a person to drive—

(a) a vehicle of a class for the driving of which he could not, by reason of Article 17, lawfully hold a licence; or

(b) unless he has passed a test of competence to drive a motor bicycle or moped on a road in circumstances in which, by virtue of Article 13(3)(e), a provisional licence would not authorise him to drive it before he had passed that test.”.

(4) In Article 15 (duration of licences)—

(a) in paragraph (2)—

(i) in sub-paragraph (a) for “10 years” substitute “5 years” and for “forty-fifth” substitute “sixty-sixth”; and

(ii) omit sub-paragraph (b); and

(b) omit paragraph (3).

(5) In Article 15A(4)(4) (authorisation to drive in Northern Ireland)—

(a) in sub-paragraph (a)—

(i) for “(b) or (c)” substitute “(c)”; and

(ii) for “45 years” substitute “66 years” and for “later” substitute “earlier”; and

(b) omit sub-paragraph (b).

(6) In Article 17 (disqualification of persons under age) after paragraph (6) add—

“(7) “Medium-sized goods vehicle” specified in the Table includes a tractor and trailer combination.”.

(7) In Article 19D(1)(5) (interpretation)—

(a) for the definitions of “EEA Agreement” and “EEA State”(6) substitute—

““EEA agreement” means the agreement on the European Economic Area signed at Oporto on 2^nd May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17^th March 1993, as modified or supplemented from time to time;

“EEA state”, in relation to any time, means—

(a)

a state which at that time is a member State; or

(b)

any other state which at that time is a party to the EEA agreement.”;

(b) for the definition of “moped” substitute—

““moped” does not include light quadricycle within the meaning in Article 1(3)(a) of the motorcycle type approval Directive but otherwise has the same meaning as in Directive 2006/126/EC of the European Parliament and of the Council of 20^th December 2006 on driving licences;”;

(c) in the definition of “motor bicycle” in sub-paragraph (b) for “and” substitute “or”; and

(d) after the definition of “motor bicycle” insert—

““motorcycle type approval Directive” has the same meaning as in Article 31A”.

(8) In Article 78 (interpretation) in the definition of “large goods vehicle”(7) after “Part II)” insert “which is designed and constructed for the carriage of no more than 8 passengers in addition to the driver and”.

(1)

S.I. 1998/1074 (N.I.7)

(2)

Paragraph (3)(d) was inserted by, and paragraphs (5) and (5A) were substituted by, Article 92 of S.I. 1995/2994 (N.I. 18) and amended by Schedule 2 to S.R 1996 No.426

(3)

Paragraph (3) was amended by Article 92 of S.I. 1995/2994 (N.I. 18), Article 7(7) of S.I. 1991/197 (N.I.3) and paragraph 5(3) of the Schedule to S.R. 2002 No. 374

(4)

Article 15A was inserted by paragraph 8 of Schedule 1 to S.R.1996 No. 426 and paragraph (4)(a) was substituted by paragraph 7 of the Schedule to S.R.2002 No. 374

(5)

Article 19D was inserted by Schedule 1 to S.I.1991/197 (N.I. 3) and amended by paragraph 12 of Schedule 1 to S.R.1996 No.426

(6)

The definitions of “EEA Agreement” and “EEA State” were inserted by paragraph 12(2)(d) of Schedule 1 to S.R.1996 No.426

(7)

The definition of “large goods vehicle” was substituted by paragraph 19(c) of Schedule 1 to S.R.1996 No.426