The Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) (Amendment) (No. 3) Regulations 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990 ( “the 1990 Regulations”) by inserting into them a new regulation—regulation 12A. The purpose of this new regulation is to make provision for the person who, whilst the holder of a large goods or passenger carrying vehicle driver’s licence, is disqualified from driving by an order of a court under the Road Traffic Offenders Act 1988.

Where such a person is disqualified from driving until he passes the “appropriate driving test”under section 36 of the Road Traffic Offenders Act 1988 (as substituted by section 32 of the Road Traffic Act 1991, which came into force on 1st July 1992), regulation 12A(1) deems the disqualification to have expired in relation to all large goods and passenger-carrying vehicles provided the person passes an appropriate driving test on a vehicle of a class included in category B, C1 or D1.

Paragraphs (2) to (5) of regulation 12A apply sub-sections (1) and (2) of section 117 of the Road Traffic Act 1988 to a person who has been disqualified by an order of a court, whether or not that person has been ordered to take an appropriate driving test. The Secretary of State must order such a person to be disqualified indefinitely or for a set period of time (either until he reaches 21 or for such longer period as the Secretary of State may determine) if, but for the disqualification imposed by the court, the Secretary of State would have been required to revoke that person’s licence under section 115(1)(a) of the Road Traffic Act 1988. In respect of any other person disqualified by an order of the court the Secretary of State may disqualify the person from holding another licence indefinitely or for a set period of time or (where the person held a full licence and, owing to his conduct, it is expedient to require him to comply with the prescribed conditions applicable to provisional licences) until he passes a test of competence to drive a large goods or passenger-carrying vehicle.

As reference is made in regulation 12A to the “appropriate driving test”, these Regulations also amend the 1990 Regulations by inserting into regulation 2 a definition of that term.