Statutory Instruments
ROAD TRAFFIC
PUBLIC PASSENGER TRANSPORT
Made
7th March 1991
Laid before Parliament
8th March 1991
Coming into force
1st April 1991
The Secretary of State for Transport, in exercise of the powers conferred by sections 89(1)(f), 97(3), 105, 108(1)(1), 114(1), 120, 121(2)and 192(1)(2) and (3) of the Road Traffic Act 1988(3) and of all other enabling powers, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:—
1. These Regulations may be cited as the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) (Amendment) Regulations 1991 and shall come into force on 1st April 1991.
2. The Motor Vehicles (Driving Licences) (Large (Goods and Passenger-Carrying Vehicles) Regulations 1990(4) shall he amended in accordance with the following provisions of these Regulations.
3. In regulations 3 (Application), in paragraph (2), after the words “except regulations 4,” there shall be inserted “5(2),”.
4. In regulation 10 (Provisional licences and provision entitlement), for paragraphs (4) and (5) there shall be substituted the following paragraphs—
“(4) A passenger-carrying vehicle driver’s licence issued as a provisional licence, including a licence which is treated as a provisional licence under section 98(2) and (3), shall be subject to the condition prescribed for the purposes of section 114(1) of the 1988 Act, that the holder shall not drive a passenger-carrying vehicle which he may drive by virtue of the licence while carrying any passenger in the vehicle other than—
(a)the person specified in paragraph (3)(a);
(b)a person specified in regulation 18(5); or
(c)a person who holds a passenger-carrying vehicle driver’s licence or an existing public service vehicle licence and is giving or receiving instruction in the driving of passenger-carrying vehicles or who has given or received, or is to give or receive, such instruction.
(5) The condition specified in paragraph (3)(a) shall not apply whilst the holder of a provisional licence is undergoing a test; neither of the conditions specified in paragraph (3) nor the condition in paragraph (4) shall apply in relation to the driving of a vehicle of any category when the holder of the licence has passed a test for a vehicle of that category or whilst the holder of the licence is driving a vehicle he is entitled to drive by virtue of regulation 33(1) or 34(2) of the Motor Vehicles Driving Licences) Regulations 1987(5).”
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
7th March 1991
(This note is not part of the Regulations)
These Regulations amend the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990.
They apply to large goods and passenger-carrying vehicle drivers' licences regulation 5(2) of the Motor Vehicles (Driving Licences) Regulations 1987 (Inserted by regulation 4 of the Motor Vehicles (Driving Licences) (Amendment) Regulations 1991 (S.I. 1991/485)) (regulation 3). This prescribes the period of normal residence during which the holder of an exchangeable licence (as defined in section 108(1) of the Road Traffic Act 1988) may apply for a licence under Part III of that Act.
They also amend the conditions prescribed in respect of provisional passenger-carrying vehicle drivers' licences so that holders may carry in vehicles they are driving other trainee drivers and instructors and so as to disapply the conditions in the case of the holder of such a licence who is entitled to drive passenger-carrying vehicles with more than sixteen seats in addition to the driver’s seat otherwise than for hire or reward (regulation 4).
See the definition of “prescribed” and “regulations”.
See the definition of “prescribed”.
1988 c. 52; section 89 was amended and section 89A was inserted by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22), section 4 and Schedule 3, paragraph8; section 97 was amended by that Act, Schedule 3, paragraph 9; section 98 was amended by that Act, Schedule 3, paragraph 11(a); section 99(1) was amended by that Act, Schedule 3, paragraph 12 and section 99(1A) was inserted by that Act, section 2(2); section 105 was amended by that Act, Schedule 3, paragraph 14 and the Driving Licenses (Community Driving Licence) Regulations 1990 (S.I. 1990/144), Schedule 1, paragraph 6; the sections in Part IV were substituted by that Act, section 2 and Schedule 2; section 118(4) was amended by Schedule 3, paragraph 2(2)(d) of those Regulations; section 192(3) was amended by the 1989 Act, Schedule 3, paragraph 24.
S.I. 1987/1378; the relevant amending instruments are S.I. 1990/842 and 1991/495.