The Motor Vehicles (International Circulation) (Amendment) Order 2004

Amendment of article 2 of the principal Order (Visitors' driving permits)

4.—(1) Article 2 of the principal Order is amended as follows.

(2) In article 2(1)(1)—

(a) omit sub-paragraph (c),

(b) omit “, except in the case of a holder of a British Forces (BFG) driving licence,”, and

(c) for “a large goods vehicle or a passenger-carrying vehicle” substitute “a medium-sized goods vehicle, a large goods vehicle, a privately-operated passenger vehicle or a passenger-carrying vehicle”.

(3) For article 2(2)(2) substitute—

“(2) Subject to the provisions of this Article, it shall be lawful for a person resident outside the United Kingdom who is temporarily in Great Britain and holds—

(a) a Convention driving permit, or

(b) a domestic driving permit issued in a country outside the United Kingdom,

during a period of twelve months from the date of his last entry into the United Kingdom to drive, or for any person to cause or permit such a person to drive, in Great Britain—

(i) in the case of any such person who is resident in an EEA State, the Isle of Man, Jersey or Guernsey, a medium-sized goods vehicle, a large goods vehicle, a privately-operated passenger vehicle or a passenger-carrying vehicle; and

(ii) in the case of any other such person, a medium-sized goods vehicle, a large goods vehicle, a privately-operated passenger vehicle or a passenger-carrying vehicle brought temporarily into Great Britain,

which he is authorised by that permit to drive, notwithstanding that he is not the holder of a medium-sized goods vehicle driver’s licence, a large goods vehicle driver’s licence, a privately-operated passenger vehicle driver’s licence or a passenger-carrying vehicle driver’s licence.”.

(4) Omit article 2(3).

(5) In article 2(4)(3)—

(a) for “paragraphs (1), (2) or (3)”, substitute “paragraphs (1) or (2)”, and

(b) in sub-paragraph (a) for “or Jersey” substitute “, Jersey or Guernsey”.

(6) For article 2(6) substitute the following—

“(6) The Secretary of State for Transport(4) may by order made by statutory instrument withdraw one or both of the rights conferred by paragraphs (1)(b) and (2)(b) of this Article in respect of—

(a) all domestic driving permits;

(b) domestic driving permits of a description specified in the order; or

(c) domestic driving permits held by persons of a description specified in the order.”.

(7) In article 2(7)(5)—

(a) omit the definition of “British Forces (BFG) driving licence”, and

(b) after the definition of “EEA State”, insert the following—

““medium-sized goods vehicle” has the same meaning as in Part III of the Road Traffic Act 1988(6);

“medium-sized goods vehicle driver’s licence” means a licence under Part III of the Road Traffic Act 1988 in so far as it authorises a person to drive medium-sized goods vehicles of any class;

“privately-operated passenger vehicle” means a vehicle, not used for carrying passengers for hire or reward, which is constructed or adapted to carry more than eight but not more than 16 passengers;

“privately-operated passenger vehicle driver’s licence” means a licence under Part III of the Road Traffic Act 1988 in so far as it authorises a person to drive privately-operated passenger vehicles of any class;”.

(1)

Article 2 was substituted by the 1989 Order, article 4; article 2(1) was amended by the 1991 Order, article 2(a). Further amendments to article 2 of the principal Order are footnoted herein only where relevant.

(2)

Article 2(2) was amended by the 1996 Community Order, regulation 6 and Schedule 5, paragraph 1(2); by the 1996 IC Order, article 4(1); and by the 1991 Order, article 2(b).

(3)

Article 2(4) was amended by the 1996 Community Order, regulation 6 and Schedule 5, paragraph 1(2); by the 1996 IC Order, article 4(1); and, prospectively, by the 1989 Order, article 6(1), as from the date on which the Convention on Road Traffic concluded at Vienna in 1968 is first in force in respect of the United Kingdom.

(4)

When the principal Order was made, the reference to the Minister of Transport in section 1(3) of the 1952 Act was (by virtue of S.I. 1970/1681) to be construed as a reference to the Secretary of State; hence the reference to “the Secretary of State” in article 2(6) of the principal Order. By virtue of the sequential transfer of functions effected by S.I. 1976/1775, 1979/571, 1981/238, 1997/2971, 2001/2568, and 2002/2626, functions arising under section 1(3) are now exercisable by the Secretary of State for Transport.

(5)

The definition of “Convention driving permit” in article 2(7) was amended by the 1996 IC Order, article 4(2)(a), and this definition is prospectively substituted by the 1989 Order, article 6(2), as from the date on which the Convention on Road Traffic concluded at Vienna in 1968 is first in force in respect of the United Kingdom; the definition of “domestic driving permit” was amended by the 1996 IC Order, articles 4(2)(a) and (b), and by the 1996 Community Order, regulation 6 and Schedule 5, paragraph 1(4); the definition of “large goods vehicle” was inserted by the 1991 Order, article 2(d); and the definitions of “EEA Agreements” and “EEA State” were inserted by the 1996 Community Order, regulation 6 and Schedule 5, paragraph 1(4).

(6)

1988 c. 52; the definition of “medium-sized goods vehicle” was inserted in section 108 by the 1996 Community Order, regulation 2 and Schedule 1, paragraph 19.