The Road Traffic Act 1988 and Motor Vehicles (Driving Licences) (Amendment) Regulations 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make further provision to implement Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (“the Directive”).

Regulation 3 makes a number of minor grammatical amendments to the Motor Vehicles (Driving Licences) Regulations 1999 (“the 1999 Regulations”).

Regulation 4 removes the exemption for category C licence holders to drive category D vehicles where the category D vehicle is damaged or defective and being driven for repair or is being road tested after repair if the licence holder does not have a category D entitlement.

Regulation 5 requires that where an exchangeable licence is exchanged for a Great Britain (GB) licence such an exchange shall be marked on the GB licence.

Regulation 6 requires the Secretary of State to ensure that persons appointed as examiners meet and maintain the minimum standards which are set out in Annex IV of the Directive. It also requires that the Secretary of State establish arrangements for authorising an examiner to conduct driving tests in compliance with paragraphs 2.3, 3 and 5.1 of Annex IV and ensure that there are in place quality assurance and regular periodic training arrangements in line with the provisions of paragraph 4 of Annex IV of the Directive. Those examiners who were appointed before 19th January 2013 are only required to comply with the quality assurance and regular periodic training arrangements in accordance with paragraph 4 of Annex IV of the Directive.

Regulation 7 amends regulation 38(1) of the 1999 Regulations to take account of relevant amendments to the Road Traffic Act 1988 made by the Immigration Act 2014 and by regulation 10 of these Regulations.

Regulations 8 and 9 make amendments to ensure that only the equivalences between categories CE, DE and D which are permitted by Article 6(2)(b) of the Directive are permitted in the UK.

Regulation 10 inserts definitions and related provisions into the Road Traffic Act 1988 for the purpose of determining when a person is resident in Great Britain or the United Kingdom for driver licensing purposes in accordance with Articles 7(1)(e), 7(3)(b), 11(1) and (5) and Article 12 of the Directive. Being “normally resident” in the United Kingdom or Great Britain is a precondition to the issue of a driving licence including as a result of these amendments when applying for a new licence at the end of its administrative validity period, or when taking a driving test. In some cases, however, attending a course of study for a period of six months is permitted as an alternative to being normally resident.

An Impact Assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. An Explanatory Memorandum and a Transposition Note are published alongside the instrument on www.legislation.gov.uk.

Copies of the Directive referred to above can be found at http://eur-lex.europa.eu.