Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 2003

Statutory Instruments

2003 No. 222

ROAD TRAFFIC

Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 2003

Made

6th February 2003

Laid before Parliament

6th February 2003

Coming into force

1st March 2003

The Secretary of State for Transport, in exercise of the powers conferred by sections 97(3)(a) and 105(1) of the Road Traffic Act 1988(1), after consulting with representative organisations in accordance with section 195(2) of that Act, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 2003 and shall come into force on 1st March 2003.

Amendments to the Motor Vehicles (Driving Licences) Regulations 1999

2.  Regulation 16 of the Motor Vehicles (Driving Licences) Regulations 1999(2) shall be amended in accordance with regulation 3.

3.—(1) In paragraph (3) after sub-paragraph (a) insert the following—

“(aa) is driving a motor vehicle of a class included in sub-category B1 which is adapted to carry only one person and has at any time between 1st August 2002 and 1st March 2003, had the use of an NHS invalid carriage that was issued to him by reason of his having a relevant disability(3).”

(2) In paragraph (13) at the end insert—

“(aa) “NHS invalid carriage” means a motor vehicle included in sub-category B1 (invalid carriages) that is owned by the Department for Health.”

Signed by authority of the Secretary of State for Transport

David Jamieson

Parliamentary Under Secretary of State,

Department for Transport

6th February 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend regulation 16 of the Motor Vehicles (Driving Licences) Regulations 1999 (S.I. 1999/2864). The amendment adds a further exemption to the requirement imposed by regulation 16(2) that a person holding only a provisional driving licence in respect of a sub-category of motor vehicle may not drive a vehicle of that class unless they are accompanied by a qualified driver. The exemption permits disabled persons who have had the use of a NHS issued invalid carriage between 1st August 2002 and 1st March 2003 to drive under authority of a provisional driving licence a motor vehicle included in sub-category B1 whilst unaccompanied where the vehicle has been adapted to carry only one person.

(1)

1988 c. 52. Amendments, not relevant to these Regulations, have been made to sections 97 and 105 of the Act; see section 108(1) for the definitions of “prescribed” and “regulations”.

(2)

S.I. 1999/2864, to which there are amendments not relevant to these Regulations.

(3)

See section 92(2) of the Road Traffic Act 1988 for the definition of “relevant disability”.