PART II LICENCES
Provisional licences
Meaning of “qualified driver"17
1
Subject to F2paragraphs (2) and (2A), 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 F4categories B, C, D, C+E, or D+E 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.
F52A
For the purposes of supervising the holder of a provisional licence driving a vehicle of a class included in sub-category C1, C1+E, D1 or D1+E (“the learner vehicle”) which the holder is authorised to drive by that licence, a person is not a qualified driver unless that person has, in addition to meeting the requirements specified in paragraph (1), passed a test in which the vehicle used in the practical test fell within the same sub-category as that of the learner vehicle.
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;
F6c
“relevant licence” means, subject to sub-paragraph (d), a full licence authorising—
i
the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder, and
ii
where sub-paragraph (f) applies—
aa
where that class of vehicle is included within any sub-category specified in column 1 of the table at the end of this regulation, the driving of vehicles in the sub-category specified in column 2 which is opposite that sub-category, or
bb
where sub-paragraph (aa) does not apply, the driving of vehicles in the category specified in column 2 of that table which is opposite the category specified in column 1 that includes the class of vehicle being driven by the provisional licence holder;
d
in the case of a disabled driver who holds a licence authorising the driving of vehicles in category B, a relevant licence must authorise the driving of F1a quadricycle or vehicles in sub-category B1 (invalid carriages);
e
F7subject to sub-paragraph (ea), a person has relevant driving experience if—
i
where sub-paragraph (c)(i) only applies, he has held the relevant licence for a period of 3 years, or
ii
where sub-paragraph (c)(ii) applies, he has held the relevant licence authorising the driving of vehicles—
aa
of the same class as the vehicle being driven by the provisional licence holder for a minimum period of 1 year, and
bb
in the category or sub-category specified in column 2 described in sub-paragraph (c)(ii) for a minimum period of 3 years;
F3ea
a period before 1st May 2010 during which a person (“the supervising driver”) has held a licence authorising the driving of vehicles included in sub-category C1, C1+E, D1, or D1+E may only be taken into account in assessing whether the supervising driver has the relevant driving experience to supervise the holder of a provisional licence driving such a vehicle, if the supervising driver has passed a test before 1st May 2010 in which the vehicle used for the practical test fell within one of those sub-categories;
f
this sub-paragraph applies where—
i
a person holds a full licence authorising the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder;
ii
that class is included in a category or sub-category specified in column 1 of the table at the end of this regulation, and
iii
that person has held that licence for less than a minimum period of 3 years;
g
for the purposes of sub-paragraphs (e) and (f), the minimum period of time for holding a full licence may be met either by holding that licence continuously for that period or for periods amounting in aggregate to not less than that period.
Column 1 | Column 2 |
|---|---|
Categories and sub-categories which include the vehicle being driven by the provisional licence holder | Categories and sub-categories authorised by the relevant licence |
C | D |
C1 | D1 |
C+E | D+E |
C1+E | D1+E |
D | C |
D1 | C1 |
D+E | C+E |
D1+E | C1+E |