The Motor Vehicles (Driving Licences) (Amendment) Regulations 2014

Statutory Instruments

2014 No. 613

Road Traffic

The Motor Vehicles (Driving Licences) (Amendment) Regulations 2014

Made

13th March 2014

Laid before Parliament

19th March 2014

Coming into force

10th April 2014

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 89(3)(a)(1) and (4)(a)(2), 92(2) and (4)(b), 101(2) and (3), 105(1), (2)(a)(3) and (3), of the Road Traffic Act 1988(4).

In accordance with section 195(2)(5) of the Road Traffic Act 1988 the Secretary of State has consulted with representative organisations.

Citation and commencement

1.  These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 2014 and come into force on 10th April 2014.

Amendment of the Motor Vehicles (Driving Licences) Regulations 1999

2.  The Motor Vehicles (Driving Licences) Regulations 1999(6) are amended in accordance with the following regulations.

3.  In regulation 7 (competence to drive classes of vehicle: special cases), after paragraph (9) insert the following paragraph—

“(10) A person who holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in former sub-category B1, sub-category B1 or sub-category B1 (invalid carriages) and is aged 21 or over may drive an A3 motor tricycle.”.

4.  In regulation 9 (minimum ages for holding or obtaining licences), in paragraph (2E)(c)(ii)(bb) for “9.16” substitute “0.16”.

5.  In regulation 37 (test vehicles)—

(a) in paragraphs (1) and (2) for “paragraph 3” substitute “paragraphs (3) and (3A)”;

(b) for paragraph (3) substitute—

“(3) Subject to paragraph (3A), where the test referred to in paragraph (1) is for a licence authorising the driving of vehicles in sub-category A1, A2 or A3 shown in column (1) of Table 1, the test must be conducted in a vehicle conforming to the description set out in relation to that sub-category in column (2) of Table 1.”;

(c) after paragraph (3) insert—

“(3A) Where in an application for a manoeuvres test or a practical test prescribed in respect of category A it is declared that the applicant is suffering from a relevant disability of such a nature that the applicant is unable to ride a motorcycle without side-car, the test must be conducted––

(a) in the case of the test for a licence authorising the driving of a vehicle in sub-category A1, on an A1 motor tricycle or an A1 motorcycle with sidecar where the capacity and unassisted speed on the level of the motor tricycle or the motorcycle, (as the case may be), conforms to the specification in the description set out in relation to sub-category A1 in column (2) of Table 1;

(b) in the case of the test for a licence authorising the driving of a vehicle in sub-category A2, on an A2 motorcycle with sidecar where the capacity and power output of the motorcycle conforms to the specification in the description set out in relation to sub-category A2 in column (2) of Table 1; and

(c) in the case of the test for a licence authorising the driving of a vehicle in sub-category A3, on an A3 motor tricycle or an A3 motorcycle with sidecar where the capacity and unassisted speed on the level of the motor tricycle or the motorcycle, (as the case may be) conforms to the specification in the description set out in relation to sub-category A3 in column (2) of Table 1 which-

(i) applies until 30^th December 2018 where the test is conducted on or before that date; and

(ii) applies on and from 31^st December 2018 where the test is conducted on or after that date”;

(d) in paragraph (10B), for the words “has at least eight forward ratios”, substitute “is capable of manual transmission”; and

(e) in Table 1 for the entries in column (2) (specification or description) corresponding to the sub-categories A1, A2 and A3 in column (1) substitute—

(i) for sub-category A1—

“An A1 motorcycle without side-car, with a power rating not exceeding 11kW and a power to weight ratio not exceeding 0.1 kW/kg that is capable of an unassisted speed of at least 90 kilometres per hour on the level. If powered by an internal combustion engine, the cylinder capacity shall be at least 115 cubic centimetres. If powered by an electric motor, the power to weight ratio of the vehicle shall be at least 0.08 kW/kg.”;

(ii) for sub-category A2—

“An A2 motorcycle without side-car, with a power rating of at least 20kW but not exceeding 35kW and a power to weight ratio not exceeding 0.2 kW/kg. If powered by an internal combustion engine, the cylinder capacity of the engine shall be at least 395 cubic centimetres. If powered by an electric motor, the power to weight ratio of the vehicle shall be at least 0.15 kW/kg.”; and

(iii) for sub-category A3—

“Until 30th December 2018, an A3 motorcycle without side-car and a power of at least 40kW. If powered by an internal combustion engine, the cylinder capacity of the engine shall be at least 595 cubic centimetres. If powered by an electric motor, the power to weight ratio of the vehicle shall be at least 0.25 kW/kg.

From 31st December 2018, an A3 motorcycle without side-car with a power of at least 50kW whose unladen mass is more than 175kg. If powered by an internal combustion engine, the cylinder capacity of the engine shall be at least 595 cubic centimetres. If powered by an electric motor, the power to weight ratio of the vehicle shall be at least 0.25 kW/kg.”.

6.  In regulation 45 (upgrading of entitlements by virtue of passing second test), in paragraph (3)(b) for “(8)” substitute “(10)”.

7.  In regulation 72 (disabilities prescribed in respect of Group 1 licences), in paragraph (1D) omit the words “since developing that condition,”.

8.  In Schedule 2 (categories and sub-categories of vehicle for licensing purposes), in Part 1, in the table in column (2)—

(a) opposite vehicle category B in column (1), for the words from “Motor vehicles” to “including:” substitute—

“Motor vehicles, other than vehicles included in category Q, AM, A, F or K, having a maximum authorised mass not exceeding 3.5 tonnes and designed and constructed for not more than eight passengers in addition to the driver, including:”;

(b) for the words opposite vehicle category D in column (1) substitute—

“Motor vehicles designed and constructed for the carriage of more than eight passengers in addition to the driver, including any such vehicle drawing a trailer having a maximum authorised mass not exceeding 750 kilograms.”; and

(c) for the words opposite vehicle sub-category D1 in column (1) substitute—

“A sub-category of category D comprising motor vehicles designed and constructed for the carriage of not more than sixteen passengers not including the driver, with a maximum length not exceeding 8 meters and including any such vehicle drawing a trailer with a maximum authorised mass not exceeding 750 kilograms.”.

9.  In Schedule 7 (specified matters for theory test), in Parts 3 and 4 at section E4, for each reference to “Council Regulation 3820/85 (EEC)” substitute “(EC) Regulation 561/2006 of the European Parliament and of the Council of 15 March 2006(7)”.

10.  In Schedule 8 (specified requirements for practical or unitary test)—

(a) in Part 3—

(i) in paragraph (2), for “and G” substitute “, G and H”; and

(ii) after section G insert—

“H Safe and energy-efficient driving

Drive in such a way so as to ensure safety and reduce fuel consumption and emissions during acceleration, deceleration, uphill and downhill driving, when necessary by selecting gears manually.”; and

(b) in Part 4—

(i) paragraph (2), for “and G” substitute “, G and H”; and

(ii) after section G insert—

“H Safe and energy-efficient driving

Drive in such as way so as to ensure safety and reduce fuel consumption and emissions during acceleration, deceleration, uphill and downhill driving, when necessary by selecting gears manually.”.

11.  In Schedule 9 (upgraded entitlements on passing second test), for Table B substitute the table set out in the Schedule to these Regulations.

Signed by authority of the Secretary of State for Transport

Stephen Hammond

Parliamentary Under Secretary of State

Department for Transport

13th March 2014

Regulation 11

SCHEDULE

“TABLE B

Manual test pass in category (or sub-category):–
(A) Automatic test pass	(1) B	(2) B+E	(3) C1	(4) C	(5) C1+E	(6) C+E	(7) D1	(8) D	(9) D1+E	(10) D+E
C1	__	__	__	__	C1	C1&C1+E	C1	C1	C1	C1
C	C	C	C	__	C	C	C1&C	C	C1&C	C
C1+E	__	__	__	C1+E	__	__	D1+E(a)	C1+E	C1+E	C1+E
C+E	C+E	C+E	C+E	C+E	C+E	__	C+E&D1+E(a)	C+E&D+E	C+E	C+E
D1	__	__	D1	D1	D1&D1+E	D1&D1+E	__	__	__	D1&D1+E
D	D	D	D	D	D	D&D+E	D	__	D	D
D1+E	__	__	__	D1+E	D1+E	D1+E	__	D1+E	__	__
D+E	D+E	D+E	D+E	D+E	D+E	D+E	D+E	D+E	D+E	__ ”

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement parts of Annex II of Commission Directive 2012/36/EU of the European Commission of 19 November 2012 on driving licences and Commission Directive 2013/47/EU of the European Commission of 2 October 2013. The parts of Annex II implemented are paragraphs (1), (3) point 5.1.3 only, (4) and (6). These Regulations also implement or make amendments to the implementation of Articles 4(4), 6(3), 13(2) and Annex III, point 6.2 of Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences.

Regulation 3 makes provision for a person who is competent to drive a category B vehicle (car) and is at least 21 years of age to be competent to drive an A3 motor tricycle (large tricycle).

Regulation 4 corrects a typographical error arising from transposition of Directive 2006/126/EC.

Regulation 5 is concerned with changing the specification requirements for vehicles used for practical driving tests. The specifications in relation to the power rating, power to weight ratio, speed and cylinder capacity of category A (motorbikes) is changed for each size of motorbike (sub-categories A1 small, A2 medium and A3 large) and specifications for motorcycles powered by electric motor are introduced. In relation to sub-category A3 motorcycles, the changes are introduced in two phases so that the requirement for an engine with a minimum power of 50kW and an unladen mass of not more that 175kg is not required until the 31st December 2018. However, other changes will take immediate effect. Consequential amendments are made in relation to applicants who need to use a motorcycle with sidecar or a motor tricycle on account of disability. The requirement to provide a vehicle with eight forward ratios for a category C (large goods vehicles, e.g. lorries) or C+E (large goods vehicles and trailer) is replaced by the requirement for a vehicle which is capable of manual transmission.

Regulation 7 clarifies the adaptation standard that applies to a person having diplopia or sight in only one eye so that the standard is not limited to the period since a person has developed the condition.

Regulation 8 amends the description of vehicles in categories B, D (bus) and D1 (minibus) for the purpose of licensing.

Regulation 10 introduces skills and behaviour requirements in relation to safe and energy efficient driving for practical and unitary tests for category C, C+E, D and D+E (buses and lorries with and without trailers).

Regulation 11 introduces the table in the Schedule which sets out new upgraded licence entitlements for category C, C+E, D and D+E automatic licence holders who also have a licence entitlement in one of the manual categories set out. Regulation 6 makes a consequential amendment as a result of the changes to the number of manual vehicle categories listed in the table.

An Explanatory Memorandum has been prepared and is available alongside the instrument at www.legislation.gov.uk. A transposition note setting out how the Amending Directive is transposed into law in Great Britain is attached to the Explanatory Memorandum.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from www.gov.uk. The impact assessment is also available alongside the instrument at www.legislation.gov.uk.

(1)

Section 89(3)(a) was amended by the Road Traffic Act 1991 (c.40), Schedule 4, paragraph 63 and the Road Safety Act 2006 (c.49) (“the 2006 Act”), section 36(1) and (2)(a).

(2)

Section 89(4)(a) was amended by the 2006 Act, section 36(1) and (3)(a) and (b).

(3)

Section 105(2)(a) was amended by the 2006 Act, section 10(12), Schedule 3, paragraphs 2, 13(1), (2)(a). As at the date of these Regulations being made, these provisions are yet to be commenced in respect of this amendment.

(4)

1988 c.52.

(5)

Section 195(2) was amended by the 2006 Act, sections 42 and 59 and Schedule 6, paragraphs 1 and 30 and Schedule 7. As at the date of these Regulations being made, these provisions are yet to be commenced in respect of this amendment.

(6)

S.I. 1999/2864; relevant amending instruments are S.I. 2003/2003, 2012/977 and 2013/258.

(7)

OJ L 102, 11.4.2006, p.1.