17.—(1) Subject to [F1paragraphs (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 [F2categories 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.
[F3(2A) 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;
[F4(c)“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 [F5a quadricycle or vehicles in sub-category B1 (invalid carriages)];
(e)[F6subject 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;
[F7(ea)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] |
Textual Amendments
F1Words in reg. 17(1) substituted (1.5.2010) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 5(a)
F2Words in reg. 17(1)(d) substituted (1.11.2005) by The Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005 (S.I. 2005/2717), regs. 1, 3(2)
F3Reg. 17(2A) inserted (1.5.2010) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 5(b)
F4Reg. 17(3)(c)-(g) and Table substituted for reg. 17(3)(c)-(f) and Table (1.4.2006) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2006 (S.I. 2006/524), regs. 1(2), 3(2)
F5Words in reg. 17(3)(d) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 11
F6Words in reg. 17(3)(e) inserted (1.5.2010) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 5(c)(i)
F7Reg. 17(3)(ea) inserted (1.5.2010) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 5(c)(ii)