The Motor Vehicles (Driving Licences) Regulations 1999

Applications for licences E+W+S

Applications for the grant of licences: general E+W+S

10.—(1) The Secretary of State may consider an application for the grant of a licence before the date on which the grant of the licence is to take effect if the application is received by him—

(a) in the case of an application for a Group 2 licence, during the period of three months ending on that date,

(b) in any other case, during the period of two months ending on that date,

and may during such period grant the licence so that it takes effect on that date.

(2) For the purposes of subsection (1A)(b) of section 89 of the Traffic Act the holder of an exchangeable licence satisfies the relevant residence requirement if he has been normally resident in Great Britain for a period of not more than five years.

(3) An applicant for a licence who before the licence is granted is required to satisfy the Secretary of State that he has passed a test shall at the time when he applies for the licence deliver to the Secretary of State—

(a) a valid test pass certificate, or

(b) a certificate corresponding to that certificate furnished under the law of Northern Ireland or Gibraltar.

(4) A person may not present a certificate in support of an application as evidence that he has passed—

(a) a test or a theory test, or

(b) a test corresponding to any of those tests conducted under the law of Northern Ireland or the law of Gibraltar,

if the applicant took the test in respect of which the certificate was issued at a time when he was ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations or a corresponding provision of the law of Northern Ireland or the law of Gibraltar, to take the test to which the certificate relates.

(5) An applicant for a Group 2 licence shall, if required to do so by the Secretary of State, submit in support of his application a report (in such form as the Secretary of State may require) signed by a qualified medical practitioner, prepared and dated not more than four months prior to the date on which the licence is to take effect, for the purpose of satisfying the Secretary of State that he is not suffering from a relevant or prospective disability.

Eligibility to apply for provisional licence E+W+S

11.—(1) Subject to the following provisions of this regulation, an applicant for a provisional licence authorising the driving of motor vehicles of a class included in a category or sub-category specified in column (1) of the table at the end of this regulation must hold a relevant full licence authorising the driving of motor vehicles of a class included in the category or sub-category specified in column (2) of the table in relation to the first category.

(2) Paragraph (1) shall not apply in the case of an applicant who is a full-time member of the armed forces of the Crown.

(3) For the purposes of paragraph (1), a licence authorising the driving only of vehicles in sub-categories D1 (not for hire or reward), D1+E (not for hire or reward) and C1+E (8.25 tonnes) shall not be treated as a licence authorising the driving of motor vehicles of a class included in sub-categories D1, D1+E and C1+E.

(4) In this regulation, “relevant full licence" means a full licence granted under Part III of the Traffic Act, a full Northern Ireland licence, a full British external licence (other than a licence which is to be disregarded for the purposes of section 89(1)(d) of the Traffic Act by virtue of section 89(2)(c) of that Act F1 ), a full British Forces licence, an exchangeable licence or a Community licence.

TABLE

(1)	(2)
Category or sub-category of licence applied for	Category/sub-category of full licence required
B+E	B
C	B
C1	B
D	B
D1	B
C1+E	C1
C+E	C
D1+E	D1
D+E	D
G	B
H	B

Textual Amendments

F1 Subsection (2)(c) was substituted by the 1989 Act, section 4(3). For designations made under that provision see S.I. 1996/3206.

Restrictions on the grant of large goods and passenger-carrying vehicle driver’s licences E+W+S

12.—(1) An applicant for a large goods or passenger-carrying vehicle driver’s licence shall not, subject to paragraph (2), be granted a licence if, at the date from which the licence applied for is to take effect, any—

(a) large goods or passenger-carrying vehicle driver’s licence held by him is suspended, or

(b) Northern Ireland large goods or passenger-carrying vehicle driver’s licence held by him is suspended,

under section 115 of the Traffic Act or, as the case may be, under the provision of the law for the time being in force in Northern Ireland corresponding to that enactment.

(2) A person may apply for a large goods vehicle driver’s licence notwithstanding that, at the date from which the licence applied for is to take effect, any passenger-carrying vehicle driver’s licence held by him is suspended and such suspension relates to his conduct other than as a driver of a motor vehicle.

(3) An applicant for an LGV trainee driver’s licence—

(a) must be a registered employee of a registered employer (within the meaning of regulation 54), and

(b) must not be a person who—

(i) has been convicted (or is to be treated as if he had been convicted) of an offence as a result of which [F2 at least four penalty points fall] to be taken into account under section 29 of the Offenders Act, or

(ii) has at any time been disqualified by a court for holding or obtaining a licence or by a court in Northern Ireland for holding or obtaining a Northern Ireland licence, and

[F3 (c) must satisfy the Secretary of State that he has satisfactorily completed the off-road elements of the training programme prescribed for drivers of goods vehicles by Council Directive 76/914/EEC (that is those set out in paragraphs 1 and 2.1 to 2.8 of the Annex to the directive)].

(4) An applicant for a large goods vehicle driver’s licence who is a member of the armed forces and is under the age of 21 must not be a person who has—

(a) been convicted (or is, by virtue of section 58 of the Offenders Act F4 , to be treated as if he had been convicted) of an offence as a result of which [F5 at least four penalty points fall] to be taken into account under section 29 of the Offenders Act F6 , or

(b) at any time been disqualified by a court for holding or obtaining a licence or by a court in Northern Ireland for holding or obtaining a Northern Ireland licence.

Textual Amendments

F2 Words in reg. 12(3)(b)(i) substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 3(2)

F3 Reg. 12(3)(c) substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 3(3)

F4 Section 58(1) was amended by the 1990 Regulations.

F5 Words in reg. 12(4)(a) substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 3(2)

F6 Section 29 was substituted by section 28 of the 1991 Act.

Restrictions on the grant of provisional licences to drive motor bicycles E+W+S

F7 13.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Reg. 13 omitted (1.2.2001) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I. 2001/53), regs. 1, 4

Fees for licences E+W+S

14.—(1) An applicant for a licence shall pay a fee (if any) determined in accordance with paragraphs (2) and (3).

(2) The fee payable upon an application for a licence shall, in the case of a licence of a description, and (as the case may be) in the circumstances, specified in column (1) of the table set out in Schedule 3, be the fee specified in relation to that licence in column (2) of that table.

(3) When an application is made for a licence which, but for this paragraph, would attract more than one fee, only one fee shall be paid and where the fees are different, that fee shall be the higher or the highest of them.