5. In regulation 17 (meaning of “qualified driver”)—
(a)in paragraph (1) for “paragraph (2)” substitute “paragraphs (2) and (2A)”;
(b)after paragraph (2) insert—
“(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.”; and
(c)in paragraph (3)—
(i)at the beginning of sub-paragraph (e) add “subject to sub-paragraph (ea),”; and
(ii)after sub-paragraph (e) insert—
“(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;”.