EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement the minimum standards of medical fitness required for diabetes mellitus (“diabetes”), as specified in Directive 2009/112/EC of 25th August 2009 and Directive 2009/113/EC of 25th August 2009 (“the Medical Directives”) (O.J. No. L223, 26.8.09, p.26 and p.31) which amend respectively Directive 91/439/EEC of the European Parliament and of the Council on driving licences (O.J. No. L237, 24.8.91, p.1) and Directive 2006/126/EC of the European Parliament and of the Council on driving licences (O.J. No. L51, 22.2.06, p.17). The Medical Directives were added to Annex XIII of the European Economic Area Agreement by Decision of the EEA Joint Committee No. 28/2010 of 12th March 2010 (O.J. No. L143, 10.6.10, p.23).

These Regulations amend the medical standards applicable for driver licensing of applicants and licence holders with diabetes, by making amendments to the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996 (“the principal Regulations”). They amend the terms in which diabetes is prescribed as a relevant disability for the purposes of Article 9(2) of the Road Traffic (Northern Ireland) Order 1981, with the effect that a person with that relevant disability cannot be granted a licence; and for the purposes of Article 9(4)(b) of that Order, by which an applicant can be granted a licence for certain prescribed formulations of a disability on prescribed conditions.

The Motor Vehicles (Driving Licences) (Amendment No. 2) Regulations (Northern Ireland) 1998, regulation 6 of the Motor Vehicles (Driving Licences) (Amendment No. 2) Regulations (Northern Ireland) 1999 and the Motor Vehicles (Driving Licences) (Amendment) Regulations (Northern Ireland) 2001 are revoked as a consequence of these Regulations.

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