The Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations insert a new Part—Part IIIA—into the Motor Vehicles (Driving Licences) Regulations 1987 (“the 1987 Regulations”). They also revoke and re-enact the Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 1990, which were intended to insert Part IIIA into the 1987 Regulations but which, on being found to contain three incorrect references to provisions, were revoked before they came into force. Part IIIA implements section 6 of the Road Traffic (Driver Licensing and Information Systems) Act 1989 which was brought into force on 1st December 1990 by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (Commencement No. 3) Order 1990 (S.I. 1990/2228). In the light of the introduction of Part IIIA, these Regulations also make consequential amendments to the 1987 Regulations.

Section 6 of the 1989 Act inserts a number of new provisions into the Road Traffic Act 1988. These new provisions require a person who drives a motor bicycle but who does not hold a full licence to do so to undergo a course of off-road and on-road basic training (“compulsory basic training”) before he can drive on a public road unsupervised, or before he can take a test of competence to drive a motor bicycle. Part IIIA makes provision with regard to the training in the driving of motor bicycles of such persons, and also sets out exemptions from the requirement to undergo training in certain circumstances. Compulsory basic training replaces Part I of the test for motor bicycles which, after 31st May 1991, will cease to exist. References to Part I and Part II of the test for motor bicycles in the 1987 Regulations are deleted by these Regulations: see regulation 5.

Regulation 23A(1) of Part IIIA sets out the persons who may provide compulsory basic training courses for motor cyclists. These persons include anyone approved for the purpose by the Secretary of State. Approval can be granted on such terms as the Secretary of State thinks fit: regulation 23A(2).

Persons who provide compulsory basic training courses may authorise motor cycle instructors to conduct the training on their behalf: regulation 23A(3). However, a person can only be authorised to act as a motor cycle instructor if he satisfies certain conditions, and any authorisation is subject to the Secretary of State’s approval: regulation 23A(4) to (11). A person approved to provide compulsory basic training by the Secretary of State may, of course, conduct the training himself: regulation 23A(12) and (13).

The Secretary of State has the power to withdraw an approval he has given to a person to provide a compulsory basic training course, and he has the power to revoke a motor cycle instructor’s authority to conduct training on another’s behalf: regulation 23A(14). The effect of such action by the Secretary of State is set out in regulation 23A(15) to (17).

A compulsory basic training course must comprise the elements set out in Schedule 8: regulation 23B(1) and (2). To complete a course successfully the motor cyclist must satisfy the person who provides the course of the matters set out in regulation 23B(3). On successful completion of the course, the motor cyclists will be issued with a certificate of completion: regulation 23B(4). Forms for such certificates will be supplied by the Secretary of State to the person providing the course at a charge of £210 each.

Regulation 23C sets out the permitted ratio of motor cyclists to motor cycle instructor in certain given circumstances.

Exemptions and transitional and supplementary provisions are contained in regulations 23D to 23H. The main points to note are as follows—

(a) Persons who have passed Part I of the test for motor bicycles are not required to undergo compulsory basic training before riding on a public road unaccompanied or being able to take a test of competence to drive a motor bicycle: regulation 23E.

(b) Persons who, immediately before 1st December 1990, enjoyed a provisional entitlement to ride a motor bicycle, but who have not passed Part I of the test for motor bicycles, are entitled to continue riding under their licence without undergoing compulsory basic training first (regulation 23E(1) and (3)) and, before applying to take a test of competence to drive a motor bicycle, other than a moped or a motor bicycle fitted with a side car, may take Part I of the test for motor bicycles instead of a compulsory basic training course—provided they do so on or before 31st May 1991: regulation 23H.

(c) Persons with provisional entitlement to ride mopeds or motor bicycles fitted with side cars are not required to undergo compulsory basic training before taking a test of competence to drive such vehicles—provided the test is taken on or before 31st May 1991: regulation 23F.

(d) Persons who live on certain islands are not required to undergo compulsory basic training in certain circumstances: regulation 23G.