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PART VIIE+W+S SUPPLEMENTARY

Transitional provisionsE+W+S

Effect of change in classification of vehicles for licensing purposesE+W+S

76.—(1) In a licence (whether full or provisional) granted before 1st January 1997, a reference to motor vehicles in an [F1older] category shall be construed as a reference to motor vehicles in the new category corresponding thereto and a reference to motor vehicles of a class included in an [F1older] category shall be construed as a reference to vehicles of the corresponding class included in the new category.

(2) Where a licence granted before 1st January 1997 authorises only the driving of a class of motor vehicles included in an [F1older] category having automatic transmission, it shall authorise the driving of the corresponding class of vehicles in the new category having automatic transmission.

[F2(2A) Subject to paragraphs (3C) to (3E), in a licence (whether full or provisional) granted before 19th January 2013, a reference to motor vehicles in an old category shall be construed as a reference to motor vehicles in the new category corresponding thereto and a reference to motor vehicles of a class included in an old category shall be construed as a reference to vehicles of the corresponding class included in the new category.]

(3) For the purposes of paragraphs (1) and (2), a reference in a licence to motor vehicles in an [F3older] category (or a class included in that category) includes a reference in a licence granted before 1st June 1990 to a group or class of motor vehicles which is, by virtue of any enactment, to be construed as a reference to vehicles in the [F3older] category (or a class included in that category).

[F4(3C) Where a licence (whether full or provisional) granted before 19th January 2013 authorises the driving of—

(a)standard motor bicycles only, or

(b)standard motor bicycles and side-car combinations only,

any reference in that licence to motor vehicles in category A (save for those in sub-category A1) shall be construed in accordance with paragraph (3D).

(3D) A reference in a licence of the type referred to in paragraph (3C) granted before 19th January 2013 to motor vehicles in category A shall be construed as a reference—

(a)where the standard access period has not expired, to motor vehicles in sub-category A2; and

(b)where that period has expired, to motor vehicles in category A.

(3E) Paragraph (2A) shall not apply to a reference to vehicles in sub-category D1 in a licence granted before 1st January 1997.

(3F) Where a licence granted before 19th January 2013 authorises only the driving of a class of motor vehicles included in an old category having automatic transmission, it shall not under this regulation authorise the driving of any vehicle not having automatic transmission.]

(4) In this regulation—

Textual Amendments

Saving in respect of entitlement to Group ME+W+S

77.—(1) Where a person was authorised by virtue of regulations revoked by these Regulations (whether or not he is also the holder of a licence granted before 1st October 1982) to drive, or to apply for the grant of a licence authorising the driving of, vehicles of a class included in the former group M (trolley vehicles used for the carriage of passengers with more than 16 seats in addition to the driver’s seat), he shall continue to be so authorised and any licence granted to such a person shall be construed as authorising the driving of vehicles of that class.

(2) A person who is authorised to drive vehicles of a class included in the former group M shall, to the extent that he is so authorised, be deemed to be the holder of a Group 1 licence.

Saving in respect of entitlement to former category NE+W+S

78.—(1) Where on 31st December 1996 a person was, by virtue of regulations then in force, the holder of, or entitled to apply for the grant of, a licence authorising the driving of vehicles included in—

(a)the former category N (vehicles exempt from vehicle excise duty under section 7(1) of the Vehicles (Excise) Act 1971) alone, or

(b)category F or A and the former category N,

the Secretary of State may, notwithstanding anything otherwise contained in these Regulations, grant to such a person a licence authorising the driving of vehicles in the former category N (with or without vehicles in either or both of the other categories as the case may be) and a person holding such a licence shall be authorised to drive such vehicles.

(2) Where on 31st December 1996 a person was the holder of, or entitled to apply for the grant of, a licence authorising the driving of vehicles included in category B and the former category N, he shall continue to be authorised to drive vehicles in that former category and any licence granted to such a person authorising the driving of vehicles included in category B shall be construed as authorising also the driving of vehicles in that former category.

Saving in respect of entitlement to drive mobile project vehiclesE+W+S

79.  In relation to a person who was at a time before 1st January 1997 the holder of a licence authorising the driving of vehicles of a class included in category B (except a licence authorising only the driving of vehicles included in [F9former sub-category B1 or sub-category] or B1 (invalid carriages)), regulation 7(5) shall apply as if paragraphs (b) and (c) and the words “on behalf of a non-commercial body" were omitted.

Textual Amendments

[F10Saving in respect of former category and sub-categoryE+W+S

79A.  Where a person holds a full licence granted before 19th January 2013 authorising the driving of, or is entitled to apply for the grant of a full licence authorising the driving of, vehicles of a class within the category or sub-category referred to in column (1) of Part 4 of Schedule 2—

(a)that person is authorised to drive, or entitled to apply for the grant of a licence authorising the driving of (as the case may be), vehicles of the relevant class referred to in column (2) of Part 4 of Schedule 2 which corresponds to that category or sub-category, as appropriate, in column (1); and

(b)the licence granted to that person shall be construed as authorising the driving of vehicles of that class.]

Textual Amendments

MiscellaneousE+W+S

Persons who become resident in Great BritainE+W+S

80.—(1) A person who becomes resident in Great Britain who is—

(a)the holder of a relevant permit, and

(b)not disqualified for holding or obtaining a licence in Great Britain

shall, during the period of one year after he becomes so resident, be treated for the purposes of section 87 of the Traffic Act as the holder of a licence authorising him to drive all classes of small vehicle, motor bicycle or moped which he is authorised to drive by that permit.

(2) A person who becomes resident in Great Britain who is—

(a)the holder of a British external licence granted in the [F11Isle of Man, Jersey or Guernsey] authorising the driving of [F12large and medium-sized goods vehicles] of any class, and

(b)not disqualified for holding or obtaining a licence in Great Britain

shall, during the period of one year after he becomes so resident, be treated for the purposes of section 87 of the Traffic Act as the holder of a licence authorising him to drive [F12large and medium-sized goods vehicles] of all classes which he is authorised to drive by that licence.

(3) A person who becomes resident in Great Britain who is—

(a)the holder of a British external licence granted in the [F13Isle of Man, Jersey or Guernsey] authorising the driving of passenger-carrying vehicles of any class, and

(b)not disqualified for holding or obtaining a licence in Great Britain

shall, during the period of one year after he becomes so resident, be treated for the purposes of section 87 of the Traffic Act as the holder of a licence authorising him to drive passenger-carrying vehicles of all classes which he is authorised to drive by that licence.

(4) The enactments mentioned in paragraph (5) shall apply in relation to—

(a)holders of relevant permits and holders of British external licences of the classes mentioned in paragraphs (2) and (3), or

(b)(as the case may be) those licences and permits,

with the modifications contained in paragraph (5).

(5) The modifications referred to in paragraph (4) are that—

(a)section 7 of the Offenders Act F14 shall apply as if—

(i)the references to a licence were references to a relevant permit or a British external licence, and

(ii)the words after paragraph (c) thereof were omitted;

(b)section 27(1) and (3) of the Offenders Act F15 shall apply as if—

(i)the references to a licence were references to a relevant permit or a British external licence,

(ii)the references to the counterpart of a licence were omitted, and

(iii)in subsection (3) the words “, unless he satisfies the Court that he has applied for a new licence and has not received it" were omitted;

(c)section 42(5) of the Offenders Act shall apply as if for the words “endorsed on the counterpart of the licence" onwards there were substituted the words “notified to the Secretary of State";

(d)section 47 of the Offenders Act shall apply as if for subsection (2) F16 there were substituted—

“(2) Where a court orders the holder of a relevant permit or a British external licence to be disqualified it must send the permit or the licence, on its being produced to the court, to the Secretary of State who shall keep it until the disqualification has expired or been removed or the person entitled to it leaves Great Britain and in any case has made a demand in writing for its return to him.

“Relevant permit" has the meaning given by regulation 80 of the Motor Vehicles (Driving Licences) Regulations 1999.”;

(e)section 164(1), (6) and (8) of the Traffic Act F17 shall apply as if the references therein to a licence were references to a relevant permit or a British external licence and the references to a counterpart of a licence were omitted; and

(f)section 173 of the Traffic Act F18 shall apply as if after paragraph (aa) there were added—

“(ab)a relevant permit (within the meaning of regulation 80 of the Motor Vehicles (Driving Licences) Regulations 1999,

(ac)a British external licence,”.

(6) In this regulation “relevant permit" means—

(i)a “domestic driving permit",

(ii)a “Convention driving permit", or

(iii)a “British Forces (BFG) driving licence",

within the meaning of article 2(7)—of the Motor Vehicles (International Circulation) Order 1975 F19 which is—

(a)for the time being valid for the purposes for which it was issued, and

(b)is not a domestic driving permit or a British Forces (BFG) driving licence in respect of which any order made, or having effect as if made, by the Secretary of State is for the time being in force under article 2(6) of that Order.

Textual Amendments

F14The relevant amendment is by the 1991 Act, Schedule 4, paragraph 83.

F15The relevant amendments are by the 1990 Regulations and the 1991 Act, Schedule 4, paragraph 91.

F16Section 47(2) was amended by the 1990 Regulations and the 1991 Act, Schedule 4, paragraph 100.

F17The relevant amendments are by the 1990 Regulations and the 1991 Act, Schedule 4, paragraph 68, and Schedule 8.

F18The relevant amendment is by the 1996 Regulations.

Service personnelE+W+S

81.  [F20A traffic commissioner] is hereby prescribed for the purposes of section 183(6) of the Traffic Act (discharge of Part IV functions in relation to HM Forces).

Textual Amendments

Northern Ireland licencesE+W+S

82.—F21(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purposes of section 122(4) of the Traffic Act, the magistrates’ court or sheriff to whom an appeal shall lie by the holder of a Northern Ireland licence, being a person who is not resident in Great Britain and who is aggrieved by the suspension or revocation of the licence or by the ordering of disqualification for holding or obtaining a licence, shall be—

(a)such a magistrates’ court or sheriff as he may nominate at the time he makes the appeal; or

[F22(b)if a particular court is not nominated under sub-paragraph (a), the Carlisle Combined Court Centre.]

Textual Amendments

Statement of date of birthE+W+S

83.—(1) The circumstances in which a person specified in section 164(2) of the Traffic Act shall, on being required by a police constable, state his date of birth are—

(a)where that person fails to produce forthwith for examination his licence on being required to do so by a police constable under that section; or

(b)where, on being so required, that person produces a licence—

(i)which the police constable in question has reason to suspect was not granted to that person, was granted to that person in error or contains an alteration in the particulars entered on the licence (other than as described in paragraph (ii)) made with intent to deceive; or

(ii)in which the driver number has been altered, removed or defaced;

(c)where that person is a person specified in subsection (1)(d) of that section and the police constable has reason to suspect that he is under 21 years of age.

(2) In paragraph (1), “driver number" means the number described as the driver number in the licence.