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The Driving Licences (Community Driving Licence) Regulations 1996

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19.—(1) Section 108 (interpretation) shall be amended as follows.

(2) In subsection (1)(1) —

(a)for the definition of “agricultural tractor” there shall be substituted—

“agricultural or forestry tractor” means a motor vehicle which—

(a)has two or more axles,

(b)is constructed for use as a tractor for work off the road in connection with agriculture or forestry, and

(c)is primarily used as such,

(b)in the definition of “Community licence”—

(i)for the words “a member State”, in both places where they occur, there shall be substituted “an EEA State”,

(ii)for “another member State” there shall be substituted “another EEA State”, and

(iii)after paragraph (b) there shall be inserted

or

(c)a document issued for a purpose corresponding to that mentioned in section 97(2) of this Act,

(c)after that definition there shall be inserted—

“counterpart”—

(a)in relation to a licence under this Part of this Act, means a document in such form as the Secretary of State may determine, issued with the licence, containing such information as he determines and designed for the endorsement of particulars relating to the licence, and

(b)in relation to a Community licence, has the meaning given by section 99B of this Act,

(d)after the definition of “disqualified” there shall be inserted—

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993,

“EEA State” means a State which is a Contracting Party to the EEA Agreement,

(e)for the definition of “exchangeable licence” there shall be substituted—

“exchangeable licence” means a document issued in respect of—

(a)

Gibraltar, or

(b)

a country or territory which is within this paragraph by virtue of an order under subsection (2) below,

by an authority of Gibraltar or that country or territory (as the case may be), authorising the holder to drive a motor vehicle, not being a document mentioned in paragraph (b) of the definition of “Community licence” above,

(f)after the definition of “full licence” there shall be inserted—

“large goods vehicle” has the meaning given by section 121(1) of this Act,

(g)in the definition of “licence”, the words from “and counterpart” onwards shall be omitted,

(h)for the definition of “medium-sized goods vehicle” there shall be substituted—

“medium-sized goods vehicle” means a motor vehicle—

(a)

which is constructed or adapted to carry or to haul goods,

(b)

which is not adapted to carry more than nine persons inclusive of the driver, and

(c)

the permissible maximum weight of which exceeds 3.5 but not 7.5 tonnes,

and includes a combination of such a motor vehicle and a trailer where the relevant maximum weight of the trailer does not exceed 750 kilograms,

“moped” means a motor vehicle which has fewer than four wheels and—

(a)

in the case of a vehicle the first use (as defined in regulations made for the purpose of section 97(3)(d) of this Act) of which occurred before 1st August 1977, has a cylinder capacity not exceeding 50 cubic centimetres and is equipped with pedals by means of which the vehicle is capable of being propelled, and

(b)

in any other case, has a maximum design speed not exceeding 50 kilometres per hour and, if propelled by an internal combustion engine, has a cylinder capacity not exceeding 50 cubic centimetres,

“motor bicycle” means a motor vehicle which—

(a)

has two wheels, and

(b)

has a maximum design speed exceeding 50 kilometres per hour and, if powered by an internal combustion engine, has a cylinder capacity exceeding 50 cubic centimetres,

and includes a combination of such a motor vehicle and a side-car,

(i)after the definition of “semi-trailer” there shall be inserted—

“small vehicle” means a motor vehicle (other than an invalid carriage, moped or motor bicycle) which—

(a)

is not constructed or adapted to carry more than nine persons inclusive of the driver, and

(b)

has a maximum gross weight not exceeding 3.5 tonnes,

and includes a combination of such a motor vehicle and a trailer,and

(j)the definitions of “small goods vehicle” and “small passenger vehicle” shall be omitted.

(3) In subsection (2), for “a member State” there shall be substituted “an EEA State”.

(1)

The definition of “licence” was amended by the 1990 Regulations and the definition of “full licence” was inserted by paragraph 15 of Schedule 3 to the 1989 Act.

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