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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 (c) in the case of any other person, a standard of visual 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 necessary, an uncorrected acuity of at least 3/60 in both eyes.]

(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.

[F4 (6) Diabetes mellitus is prescribed for the purposes of section 92(2) of the Traffic Act as a relevant disability in relation to an applicant for, or a holder of, a Group 2 licence who is being treated with insulin or another medication which carries a risk of inducing hypoglycaemia and—

(a) has experienced one or more episodes of severe hypoglycaemia during the previous one year period; or

(b) does not have full awareness of hypoglycaemia.

(6A) Diabetes mellitus is prescribed for the purposes of section 92(4)(b) of the Traffic Act in relation to an applicant for a Group 2 licence, who—

(a) is being treated with insulin and—

(i) has undergone treatment with insulin for at least 4 weeks;

(ii) has full awareness of hypoglycaemia;

(iii) has not, during the period of one year immediately preceding the date when the licence is granted, had an episode of severe hypoglycaemia; and

(iv) satisfies the conditions prescribed in paragraphs (6B) and (6C); or

(b) is being treated with a medication which carries a risk of inducing hypoglycaemia, other than insulin, and—

(i) has full awareness of hypoglycaemia;

(ii) has not, during the period of one year immediately preceding the date when the licence is granted, had an episode of severe hypoglycaemia; and

(iii) satisfies the conditions prescribed in paragraphs (6B) and (6D).

(6B) The conditions are that the applicant—

(a) regularly monitors his or her condition and, in particular, undertakes blood glucose monitoring at least twice daily and at times relevant to driving;

(b) provides a signed declaration to the Secretary of State that he or she—

(i) understands the risk of hypoglycaemia and will comply with such directions regarding treatment for diabetes as may from time to time be given by the registered medical practitioner overseeing that treatment, or one of the clinical team working under the supervision of that registered medical practitioner;

(ii) will immediately report to the Secretary of State in writing any significant change in his or her condition and pending any enquiries being made by the Secretary of State, will follow the advice of his or her registered medical practitioner, or one of the clinical team working under the supervision of that registered medical practitioner, concerning fitness to drive; and

(iii) will provide such evidence as the Secretary of State may request to demonstrate that the monitoring referred to in sub-paragraph (a) is being carried out;

(c) is a person in respect of whom the Secretary of State is satisfied that the driving of a vehicle in accordance with the licence is not likely to be a source of danger to the public.

(6C) The further conditions for an applicant who is being treated with insulin are that—

(a) the applicant has attended an examination by a hospital consultant specialising in the treatment of diabetes, who has provided a report sufficient to satisfy the Secretary of State that the applicant has a history of responsible diabetic control and currently has a minimal risk of impairment due to hypoglycaemia;

(b) the applicant monitors his or her condition as set out in paragraph (6B)(a), using a device that incorporates an electronic memory function to measure and record blood glucose levels, and undertakes to continue so to monitor.

(6D)  The further condition for an applicant who is not being treated with insulin is that—

• the applicant has attended an examination by a registered medical practitioner, who has provided a report sufficient to satisfy the Secretary of State that the applicant has a history of responsible diabetic control and currently has a minimal risk of impairment due to hypoglycaemia.

(6E) In this regulation “severe hypoglycaemia” has the same meaning as in regulation 72(7).]

(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.

F5 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.
F7 . . .	F7 . . .

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(3)(c) inserted (2.4.2007) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2007 (S.I. 2007/698), regs. 1(1), 13(a)

F4 Reg. 73(6)-(6E) substituted for reg. 73(6) (15.11.2011) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2011 (S.I. 2011/2516), regs. 1(1), 3(2)

F5 Reg. 73(9) omitted (15.11.2011) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2011 (S.I. 2011/2516), regs. 1(1), 3(3)

F6 Reg. 73(10) omitted (15.11.2011) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2011 (S.I. 2011/2516), regs. 1(1), 3(4)

F7 Reg. 73 Table 2 entry omitted (2.4.2007) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2007 (S.I. 2007/698), regs. 1(1), 13(b)