Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988 so as to give effect to Council Directives 96/47/EC (OJ No. L235, 17.9.96, p.1) and 97/26/EC (OJ No. L150, 7.6.97, p.41), which amend Council Directive 91/439/EEC on driving licences (OJ No. L237, 24.8.91, p.1). The Directives apply, by virtue of Decision 7/94 of the EEA Joint Committee (OJ No. L160, 28.6.94, p.1), to states within the European Economic Area.

Directive 96/47/EC provides for the introduction of a model form of photocard driving licence as an alternative to the model paper form. The Regulations make provision for the Secretary of State to issue licences in that form and for that purpose to require applicants to provide photographs and other evidence of their identity.

Directive 97/26/EC amends the definition of “motor cycle” and specifies codes which member states must include on the licences they issue to indicate, amongst other things, restrictions on the classes of vehicle which a licence holder may drive on account of physical disability or conditions which may be imposed on his driving vehicles on account of such disability. The Regulations make provision for these matters.

The Regulations also correct minor errors in the Driving Licences (Community Driving Licence) Regulations 1996 in relation to (i) the validity period of LGV and PCV Community licences and (ii) the application of certain provisions of the Road Traffic Act 1988 to mopeds.