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

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations amend the Road Traffic (Northern Ireland) Order 1981 (“the 1981 Order”) and the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996 (the 1996 Regulations”) in order to implement Directive 2006/126/EC of the European Parliament and of the Council of 20th December 2006 on driving licences (“the Third Driving Licences Directive”). (This Directive was added to Annex XIII of the European Economic Area (“EEA”) Agreement by Article 1 of the Decision of the EEA Joint Committee No. 29/2008 of 14th March 2008 (O.J. No. L 182, 10.7.2008, p21)).

The Regulations also amend the 1996 Regulations in order to implement point 5.2 of Annex II to Council Directive 91/439/EEC of 29th July 1991 on driving licences, as amended by Commission Directive 2000/56/EC of 14th September 2000 and Commission Directive 2008/65/EC of 27th June 2008. This point sets out the Real Total Mass required for vehicles of certain categories and combinations during practical driving tests.

Regulation 2 amends the 1981 Order as follows—

Paragraph (2) makes the following amendments to Article 13—

(a) paragraph (1)(d) is substituted to provide that a person who is subject to a current disqualification under the law of another EEA State and who was the holder of a driving licence from that State, is not eligible to be granted a driving licence;

(b) paragraph (3)(d) is omitted to enable the grant of provisional licences to allow testing and training to take place on motor bicycles in sub-category A2; and

(c) paragraphs (5) and (5A) which give the meaning of “learner motor bicycle” and related definitions are also omitted as, following the introduction of new vehicle categories, learner motor bicycles are referred to as motor bicycles in sub-category A1.

Paragraph (3) substitutes Article 14(3) in consequence of the omission of Article 13(3)(d).

Paragraphs (4) to (8) amend the provisions relating to the duration of licences, insert new definitions and update the definitions of “EEA agreement” and “EEA state”.

Regulation 3 amends the 1996 Regulations to make provision in relation to the introduction of new licensing categories and sub-categories of vehicles. Category AM includes mopeds and light quadricycles, category Q is comprised of vehicles which would be categorised as mopeds save that their maximum design speed is 25 kilometres per hour or less and there are now 3 motorcycle categories A1, A2 and A.

It makes provision regarding the classes of vehicle which fall into categories or sub-categories which could be licensed, following test pass, under the 1996 Regulations before 19th January 2013 but not on or after that date.

The classes of vehicle are—

(a) those which fall into former category P but which are now no longer “mopeds” because they have a maximum design speed exceeding 45 (but not 50) kilometres per hour; and

(b) those having 4 wheels, apart from light quadricycles, which fall within former sub-category B1.

From 19^th January 2013, licences for these classes can only be issued to those who held such a licence before 19th January 2013 or who passed a test for a licence to drive such vehicles before that date. Those holding such licence, who passed such test or who are entitled to apply for the grant of a full licence to drive such vehicles are authorised to drive, or to apply for the grant of a licence to drive, such vehicles and any licence granted is construed as authorising the driving of such vehicles.

Regulation 3 also inserts new definitions into the 1996 Regulations for the purposes of licensing categories and makes provision in relation to—

(a) the preservation of entitlements to drive specified classes of vehicle included in former category P and sub-category B1 and the preservation of entitlements to drive which exist before 19th January 2013 and for the continuation of restrictions upon such entitlements (paragraphs (3), (4) (in part), (9), (10) (in part), and (27) (in part));

(b) the granting of licences for category B96. A licence for vehicles in category B96 (comprising category B vehicles combined with a trailer having a maximum authorised mass exceeding 750 kilograms) is only granted if a person holds, or held a community licence to drive such vehicles (paragraphs (4) (in part), (10) (in part) and (27)(in part));

(c) the use of vehicles by those who are disabled and the competency of such persons to drive (paragraphs (5)(a) and (11)(b));

(d) the minimum ages for holding a licence to drive vehicles in the new categories and sub-categories and, regarding motor bicycles sub-categories A and A2 imposes requirements as to experience and provides that the minimum age for holding a licence to drive an ambulance in sub-category D1 is 21 years and makes provision regarding the minimum ages for holding a licence to drive vehicles in category C, C+E, D and D+E and sub-category C1+E (paragraph (6));

(e) provisional licences for vehicles in category AM and A. These are restricted to mopeds and motor bicycles save where disability prevents the riding of such vehicles and, in the case of vehicles with 2 wheels, that provisional licences are restricted to vehicles in category AM and A (paragraph (8));

(f) the requirements for passing the theory test for vehicles in categories AM and A and for exemptions from the theory test, and the validity of standard test pass certificates in relation to such exemptions, regarding vehicles in category A (paragraphs (15), (16) (in part) and (22); and

(g) the effect of a change in the classification of vehicles on licences in force before 19th January 2013 and the correspondence of one class of vehicle with another class (or other classes) (paragraph (26)).

In addition, regulation 3 inserts new definitions of “IBC” and “sandbag”, the loads now required to be carried on test vehicles and sets out the requirement to carry a load and the manner of loading and the nature and minimum weight of loads required to be carried on the test vehicles in particular categories.(paragraphs (2) and (11)(g)).

Regulation 4 contains a transitional provision to allow Group 2 licences issued prior to 19^thJanuary 2013 to remain in force until the date of expiry of the licence.

The Regulations also make minor and consequential amendments.

An Explanatory Memorandum and a transposition note have been produced and are available from Road Safety and Vehicle Regulation Division, Department of the Environment, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB or viewed online at http://www.legislation.gov.uk/nisr

A full Impact Assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from www.doeni.gov.uk