The Motor Vehicles (Driving Licences) Regulations 1999

Disabilities prescribed in respect of Group 2 licences E+W+S

73.— [F1 (1) There is prescribed for the purposes of section 92(2) of the Traffic Act as a relevant disability in relation to an applicant for, or the holder of, a Group 2 licence the disability described in regulation 72(1).]

(2) There is also prescribed for the purposes of section 92(2) of the Traffic Act as a relevant disability in relation to a person other than an excepted licence holder who is an applicant for or who holds a Group 2 licence, such abnormality of sight in one or both eyes that he cannot meet the relevant standard of visual acuity.

(3) The relevant standard of visual acuity for the purposes of paragraph (2) means—

(a) in the case of a person who—

(i) was the holder of a valid Group 2 licence or obsolete vocational licence upon each relevant date specified in column (1) of Table 1 at the end of this regulation, and

(ii) if he is an applicant for a Group 2 licence, satisfies the Secretary of State that he has had adequate recent driving experience and has not during the period of 10 years immediately before the date of the application been involved in any road accident in which his defective eyesight was a contributory factor,

the standard prescribed in relation to him in column (2) of Table 1;

(b) in the case of a person who—

(i) does not fall within sub-paragraph (a), and

(ii) was or is the holder of a valid Group 2 licence upon the relevant date specified in column (1) of Table 2 at the end of this regulation,

the standard prescribed in relation to him in column (2) of Table 2;

F2 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) There is prescribed for the purposes of section 92(2) of the traffic Act in relation to a person—

(a) to whom paragraph (3)(c) applies, and

(b) who is able to meet the relevant standard of visual acuity prescribed in that sub-paragraph only with the aid of corrective lenses,

poor toleration of the correction made by the lenses.

(5) There is prescribed for the purposes of section 92(2) as a relevant disability in relation to a person who is an applicant for or who holds a Group 2 licence, sight in only one eye unless—

(a) he held an obsolete vocational licence on 1st April 1991, the traffic commissioner who granted the last such licence knew of the disability before 1st January 1991, and—

(i) in a case of a person who also held such a licence on 1st January 1983, the visual acuity in his sighted eye is no worse than 6/12, or

(ii) in any other case, the visual acuity in his sighted eye is no worse than 6/9, and

if he is an applicant for a Group 2 licence, he satisfies the Secretary of State that he has had adequate recent driving experience and has not during the period of 10 years immediately before the date of the application been involved in any road accident in which his defective eyesight was a contributory factor; or

(b) the person is an excepted licence holder.

(6) Diabetes requiring insulin treatment is prescribed for the purposes of section 92(2) in relation to an applicant for or a person who holds a Group 2 licence unless the person suffering from the disability held an obsolete vocational licence on 1st April 1991 and the traffic commissioner who granted the last obsolete vocational licence knew of the disability before 1st January 1991.

(7) Liability to seizures arising from a cause other than epilepsy is prescribed for the purposes of section 92(2) in relation to an applicant for or a person who holds a Group 2 licence.

(8) Epilepsy is prescribed for the purposes of section 92(4)(b) of the Traffic Act in the case of an applicant for a Group 2 licence suffering from epilepsy who satisfies the Secretary of State that—

(a) during the period of 10 years immediately preceding the date when the licence is granted—

(i) he has been free from any epileptic attack, and

(ii) he has not required any medication to treat epilepsy, and

(b) that the driving of a vehicle by him in accordance with the licence is not likely to be a source of danger to the public.

[F3 (9) Diabetes requiring insulin treatment is prescribed for the purposes of section 92(4)(b) in the case of a person who—

(a) is an applicant for a licence authorising the driving of vehicles in sub-category C1, C1+E or C1+E (8.25 tonnes), and

(b) satisfies the Secretary of State that he has for at least 4 weeks been undergoing treatment with insulin,

provided that he satisfies the conditions mentioned in paragraph (10).]

(10) The conditions referred to in paragraph (9) are that—

F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) he has not, during the period of 12 months ending on the date of the application, required the assistance of another person to treat an episode of hypoglycaemia suffered whilst he was driving,

(c) he makes an arrangement to undergo at intervals of not more than 12 months an examination by a hospital consultant specialising in the treatment of diabetes and so far as is reasonably practicable conforms to that arrangement,

(d) his application is supported by a report from such a consultant sufficient to satisfy the Secretary of State that he has a history of responsible diabetic control with a minimal risk of incapacity due to hypoglycaemia F5 ...,

[F6 (dd) he provides a declaration signed by him that he will—

(i) so far as reasonably practicable comply with such directions regarding his treatment for diabetes as may for the time being be given to him by the doctor supervising that treatment;

(ii) immediately report to the Secretary of State in writing any significant change in his condition; and

(iii) provide such evidence as the Secretary of State may request that he continues to carry out the monitoring referred to in sub-paragraph (e) below,]

[F7 (e) he regularly monitors his condition and, in particular, undertakes blood glucose monitoring at least twice daily and at times relevant to—

(i) if he has held a licence authorising the driving of vehicles in sub-category C1, C1+E or C1+E (8.25 tonnes) for at least 12 months since starting his insulin treatment, the driving of such vehicles, and

(ii) in any other case, the driving of motor vehicles generally.]

(f) the Secretary of State is satisfied that the driving of such a vehicle in pursuance of the licence is not likely to be a source of danger to the public.

(11) In this regulation—

(a) references to measurements of visual acuity are references to visual acuity measured on the Snellen Scale;

(b) “excepted licence holder" means a person who—

(i) was the holder of a licence authorising the driving of vehicles included in sub-categories C1 and C1+E (8.25 tonnes) which was in force at a time before 1st January 1997, and

(ii) is an applicant for, or the holder of, a Group 2 licence solely by reason that the licence applied for or held authorises (or would, if granted, authorise) the driving of vehicles included in those sub-categories.

(c) “obsolete vocational licence" means a licence to drive heavy goods vehicles granted under Part IV of the Traffic Act as originally enacted or a licence to drive public service vehicles granted under section 22 of the 1981 Act which was in force a time before 1 April 1991.

TABLE 1

(1) Person holding Group 2 licence or obsolete vocational licence on:	(2) Standard of visual acuity applicable:
1. 1 January 1983 and 1 April 1991	Acuity (with the aid of corrective lenses if necessary) of at least 6/12 in the better eye or at least 6/36 in the worse eye or uncorrected acuity of at least 3/60 in at least one eye.
2. 1 March 1992, but not on 1 January 1983	Acuity (with the aid of corrective lenses if necessary) of at least 6/9 in the better eye or at least 6/12 in the worse eye, or uncorrected acuity of at least 3/60 in at least one eye.

TABLE 2

(1) Person holding Group 2 licence on:	(2) Standard of visual acuity applicable:
1. 31 December 1996, but not on 1 March 1992.	Acuity (with the aid of corrective lenses if necessary) of at least 6/9 in the better eye and at least 6/12 in the worse eye and, if corrective lenses are needed to meet that standard, uncorrected acuity of at least 3/60 in at least one eye.
2. On or after 1 January 1997 but not on31 December 1996.	Acuity (with the aid of corrective lenses if necessary) of at least 6/9 in the better eye and at least 6/12 in the worse eye and, if corrective lenses are needed to meet that standard, uncorrected acuity of at least 3/60 in both eyes.

Textual Amendments

F1 Reg. 73(1) substituted (21.2.2003) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 (S.I. 2003/166), regs. 1(1), 6(a)

F2 Reg. 73(3)(c) omitted (21.2.2003) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 (S.I. 2003/166), regs. 1(1), 6(b)

F3 Reg. 73(9) substituted (5.4.2001) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2001 (S.I. 2001/937), regs. 1, 3

F4 Reg. 73(10)(a) revoked (5.4.2001) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2001 (S.I. 2001/937), regs. 1, 4(1)

F5 Words in reg. 73(10)(d) omitted (5.4.2001) by virtue of The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2001 (S.I. 2001/937), regs. 1, 4(2)

F6 Reg. 73(10)(dd) inserted (5.4.2001) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2001 (S.I. 2001/937), regs. 1, 4(3)

F7 Reg. 73(10)(e) substituted (5.4.2001) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2001 (S.I. 2001/937), regs. 1, 4(4)