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PART IE+W+S PRELIMINARY

Citation and commencementE+W+S

1.  These Regulations may be cited as the Motor Vehicles (Driving Licences) Regulations 1999 and shall come into force on 12th November 1999.

Revocation and savingE+W+S

2.—(1) The regulations specified in Schedule 1 are hereby revoked.

(2) Subject to otherwise herein provided, and without prejudice to the operation of sections 16 and 17 of the Interpretation Act 1978 F1, the revocation of those regulations shall not affect the validity of any application or appointment made, notice or approval given, licence, certificate or other document granted or issued or other thing done thereunder and any reference in such application, appointment, notice, approval, licence, certificate or other document or thing to a provision of any regulation hereby revoked, whether specifically or by means of a general description, shall, unless the context otherwise requires, be construed as a reference to the corresponding provision of these Regulations.

Textual Amendments

InterpretationE+W+S

3.—(1) In these Regulations, unless the context otherwise requires, the following expressions have the following meanings—

(2) In these Regulations, unless the context otherwise requires—

(a)a reference to a licence being in force is a reference to it being in force in accordance with section 99 of the Traffic Act, save that for the purpose of these Regulations a licence shall remain in force notwithstanding that it is—

(i)surrendered to the Secretary of State or is revoked otherwise than by notice under section 93(1) or (2) of the Traffic Act (revocation because of disability or prospective disability), or

(ii)treated as revoked by virtue of section 37(1) of the Offenders Act, and

(b)a reference to the expiry of a licence is a reference to the time at which it ceases to be so in force (and “expired" shall be construed accordingly).

(3) Except where otherwise expressly provided, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations, and any reference to a numbered paragraph (otherwise than as part of a reference to a numbered regulation) is a reference to the paragraph bearing that number in the regulation or Schedule in which the reference occurs.

(4) Where a statement or certificate (but not a distinguishing mark specified in regulation 16) is required under these Regulations to be in a form prescribed herein, the reference is to a certificate or statement in that form (or as nearly in that form as circumstances permit), adapted to the circumstances of the case and duly completed and signed where required.

(5) For the purposes of section 97(3)(d) of the Traffic Act and these Regulations the date of first use of a motor bicycle means—

(a)except in a case to which paragraph (b) applies, the date on which it was first registered under the Roads Act 1920, the Vehicles (Excise) Act 1949 F35, the Vehicles (Excise) Act 1962 F36 or the Vehicles (Excise) Act 1971 F37;

(b)in the case of a motor bicycle which was used in any of the following circumstances before the date on which it was first registered, namely:—

(i)where the bicycle was used under a trade licence as defined in section 16 of the Vehicles (Excise) Act 1971, otherwise than for the purposes of demonstration or testing or of being delivered from premises of the manufacturer by whom it was made, or of a distributor of vehicles or dealer in vehicles to premises of a distributor of vehicles, dealer in vehicles or purchaser thereof, or to premises of a person obtaining possession thereof under a hiring agreement or hire purchase agreement,

(ii)where the bicycle belonged to the Crown and is or was used or appropriated for use for naval, military or air force purposes,

(iii)where the bicycle belonged to a visiting force or a headquarters or defence organisation to which the Visiting Forces and International Headquarters (Application of Law) Order 1965 F38 applied,

(iv)where the bicycle had been used on roads outside Great Britain and was imported into Great Britain, or

(v)where the bicycle had been used otherwise than on roads after being sold or supplied by retail and before being registered,

the date of manufacture of the bicycle.

(6) In paragraph (5)(b)(v) “sold or supplied by retail" means sold or supplied otherwise than to a person acquiring solely for the purpose of re-sale or re-supply for a valuable consideration.

Textual Amendments

F6Section 36 was substituted by the 1991 Act, section 32.

F9S.I. 1986/1078. The relevant amending instruments are S.I. 1987/676, 1990/1981 and 1994/329.

[F39Meaning of “theory test”E+W+S

3A.(1) In these Regulations, “theory test” means—

(a)where a test is to be conducted, by virtue of regulation 40(2), in two parts, the part, described in regulation 40(2)(a), which consists of the standard test of driving theory and the standard test of hazard perception; F40...

[F41(aa)where a test is to be conducted, by virtue of regulation 40(1A), in three parts, the part, described in regulation 40(1A)(a), which consists of the standard test of driving theory and the standard test of hazard perception; F42...]

[F43(ab)the part of a test which consists of the abridged standard test of driving theory and the standard test of hazard perception where the test is to be conducted in—

(i)three parts by virtue of regulation 40(2B); or

(ii)two parts by virtue of regulation 40(2C); and]

(b)in any other case, each of the large vehicle test of driving theory and the large vehicle test of hazard perception.

(2) Any reference in these Regulations to a “theory test” includes such a test conducted as part of an extended driving test.]