PART VIE+W+S DISABILITIES

Disabilities prescribed in respect of Group 2 licencesE+W+S

73.—[F1(1) Impairment of vision 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 who—

(a)is unable to satisfy the standards in paragraph (2);

(b)has sight in only one eye, unless that person —

(i)held an obsolete vocational licence on 1st April 1991, provided

(aa)the traffic commissioner who granted the last obsolete vocational licence knew of the disability before 1st January 1991; and

(bb)the additional conditions in sub-paragraph (5) are satisfied; or

(ii)is an excepted licence holder;

(c)is a person to whom sub-paragraph (3)(c) applies, who—

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

(ii)is unable to meet the standard for corrective lenses set out in paragraph (4A); or

(d)suffers from uncontrolled diplopia.]

[F2(2) The standards to be satisfied for the purposes of paragraph (1)(a) are—

(a)the Group 1 visual acuity standard in regulation 72(1A);

(b)other than in the case of an excepted licence holder, the relevant Group 2 additional visual acuity standard in paragraph (3); and

(c)the Group 2 visual field standard in paragraph (4).]

(3) The relevant [F3Group 2 additional] 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;

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(c)in the case of any other person, a measurement of visual acuity (with the aid of corrective lenses if necessary) of at least 6/7.5 (decimal 0.8) in the better eye and at least 6/60 (decimal 0.1) in the worse eye.]

[F6(4) The Group 2 visual field standard is—

(a)a measurement of at least 160 degrees on the horizontal plane;

(b)an extension of at least 70 degrees left and an extension of at least 70 degrees right;

(c)an extension of at least 30 degrees above and an extension of at least 30 degrees below the horizontal plane;

(d)no defect is present within a radius of the central 30 degrees; and

(e)no other impairment of visual function, including glare sensitivity, contrast sensitivity or impairment of twilight vision.

(4A) The corrective lenses standard requires that there is not—

(a)poor toleration of the correction made by the lenses; or

(b)an inability to meet the visual acuity standard in paragraph (3)(c) except with glasses having a power exceeding plus eight dioptres.]

[F7(5) The additional conditions prescribed for the purposes of sub-paragraph 1(b)(i)(bb) are—

(a)the visual acuity in the sighted eye is—

(i)in the case of a person who also held such a licence on 1st January 1983, no worse than 6/12 (decimal 0.5), or

(ii)in any other case, no worse than 6/9 (decimal 0.67) ;

(b)the applicant satisfies the Secretary of State that there has been adequate recent driving experience and that during the period of 10 years immediately before the date of the application, there has been no involvement in any road accident where the applicant’s defective eyesight was a contributory factor; and

(c)the Secretary of State is satisfied that the driving of a vehicle by the applicant, in accordance with the licence, is not likely to be a source of danger to the public.]

[F8(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.

[F9(8) Epilepsy 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, where two or more epileptic seizures have occurred, or that person has been prescribed medication to treat epilepsy, during the previous ten year period.

(8A) Epilepsy 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)in the case of a person whose last epileptic seizure was an isolated seizure, satisfies the conditions in paragraph (8C) and (8D); or

(b)in any other case, satisfies the conditions set out in paragraph (8D) and who, for a period of at least 10 years immediately preceding the date when the licence is granted has—

(i)been free from any epileptic seizure, and

(ii)has not been prescribed any medication to treat epilepsy.

(8B) An isolated seizure 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, where during the previous five year period, such a seizure has occurred, or that person has been prescribed medication to treat epilepsy or a seizure.

(8C) An isolated seizure 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 satisfies the conditions set out in paragraph (8D) and who, for a period of at least five years immediately preceding the date when the licence is granted—

(a)has been free from any unprovoked seizure, and

(b)has not been prescribed medication to treat epilepsy or a seizure.

(8D) The conditions are that—

(a)if required by the Secretary of State, there has been an appropriate medical assessment by a neurologist; and

(b)the Secretary of State is satisfied that the driving of a vehicle by the applicant, in accordance with the licence, is not likely to be a source of danger to the public.]

F10(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) In this regulation—

[F12(a)references to measurements of visual acuity and to “sight in only one eye” have the same meaning as in regulation 72(7)(a).]

(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.

[F13(d)the expressions “epilepsy”, “epileptic seizure”, “provoked seizure” and “unprovoked seizure” have the same meaning as in regulation 72(7)(b);

(e)isolated seizure has the same meaning as in regulation 72(7)(b), except that “ten years” is substituted for “five years” in sub paragraph (ii) of that definition.]

TABLE 1

(1) Person holding Group 2 licence or obsolete vocational licence on:(2) Standard of visual acuity applicable:
F14. . .F14. . .
2. 1 March 1992, but not on 1 January 1983 [F15acuity (with the aid of corrective lenses if necessary) of at least 6/9 (decimal 0.66) in the better eye or at least 6/12 (decimal 0.5) in the worse eye, or uncorrected acuity of at least 3/60 (decimal 0.05) 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. [F16Acuity (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.]
F17. . .F17. . .

Textual Amendments