The Motor Vehicles (Driving Licences) (Amendment) Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (Driving Licences) Regulations 1987 so as to give effect, with permitted derogations and in respect of motor vehicles other than heavy goods and public service vehicles, to the system of classification for motor vehicles set out in Article 3 of Council Directive (EEC) No. 80/1263 of 4th December 1980(1) on the introduction of a Community driving licence.

Changes are made in respect of the entitlement to drive motor vehicles used for the carriage of passengers, other than for hire and reward, with more than 16 seats in addition to the driver’s seat. A person who is already the holder of an ordinary driving licence continues to have entitlement to drive such vehicles. New licence holders only have provisional entitlement and must have applied for a public service vehicle driver’s licence. A person who has a public service vehicle driver’s licence to drive such vehicles for hire and reward may also drive them other than for hire and reward.

The 1987 Regulations are also amended so as to prohibit a learner motor cyclist carrying any pillion passenger even if he is a qualified driver.

A separate fee for a licence granted to persons who have been convicted of certain drinking and driving offences is prescribed. This is set at £20. Such persons, if disqualified on or after 1st November 1988, would previously have paid £5 for the grant of a new licence on the expiry of that period of disqualification. The £5 fee remains in respect of those disqualified for other offences.

Additional circumstances under which the Secretary of State may require a person to submit himself for a medical examination regarding his fitness to drive are prescribed. The Secretary of State need not pay the fees involved in such prescribed circumstances, which relate to disqualifications after drinking and driving offences.

Where appropriate references are added to the counterparts of licences so as to reflect amendments to the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988 brought about by the Driving Licences (Community Driving Licence) Regulations 1990 (S.I. 1990/144).

(1)

O.J. No. L375, 31.12.1980, p.1.