The Motor Vehicles (Driving Licences) Regulations 1999

Meaning of “qualified driver" E+W+S

17.—(1) Subject to paragraph (2), a person is a qualified driver for the purposes of regulation 16 if he—

(a) is 21 years of age or over,

(b) holds a relevant licence,

(c) has the relevant driving experience, and

(d) in the case of a disabled driver, he is supervising a provisional licence holder who is driving a vehicle of a class included in category B and would in an emergency be able to take control of the steering and braking functions of the vehicle in which he is a passenger.

(2) In the case of a person who is a member of the armed forces of the Crown acting in the course of his duties for naval, military or air force purposes sub-paragraphs (a) and (c) of paragraph (1) shall not apply.

(3) For the purposes of this regulation—

(a) “disabled driver" means a person who holds a relevant licence which is limited by virtue of a declaration made with his application for the licence or a notice served under section 92(5)(b) of the Traffic Act to vehicles of a particular class;

(b) “full licence" includes a full Northern Ireland licence and a Community licence;

(c) “relevant licence" means—

(i) in the case of a disabled driver, a full licence authorising the driving of a class of vehicles in category B other than vehicles in sub-category B1 or B1 (invalid carriages), and

(ii) in any other case, a full licence authorising the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder;

(d) a person has relevant driving experience if he satisfies either of the following requirements—

(i) he has held the relevant licence for a continuous period of not less than 3 years or for periods amounting in aggregate to not less than 3 years, or

(ii) he is supervising a provisional licence holder driving a vehicle in category C, D, C+E or D+E, held the relevant licence on 6th April 1998, has held it continuously since that date and has held a full licence authorising the driving of vehicles in category B for a continuous period of not less than 3 years or for periods amounting in aggregate to not less than 3 years; and

(e) for the purposes of sub-paragraph (d)(ii) a person shall be regarded as holding a relevant licence during any period in which he holds a provisional licence and a valid test pass certificate entitling him to a full licence authorising the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder.