1 Citation and commencement

These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No 3) Regulations 2003 and shall come into force—

(a)    as to all regulations except regulation 5(1) on 1st April 2003, and

(b)    as to regulation 5(1), on 1st July 2003.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see para (a) above.

2 Amendment of the Motor Vehicles (Driving Licences) Regulations 1999

2Amendment of the Motor Vehicles (Driving Licences) Regulations 1999

The Motor Vehicles (Driving Licences) Regulations 1999 (“the Principal Regulations”) are amended as provided in regulations 3 to 5.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see reg 1(a).

3 Amendment of regulation 12

3Amendment of regulation 12

(1)    Regulation 12 of the Principal Regulations (restrictions on the grant of large goods and passenger-carrying vehicle licences) is amended as provided in paragraphs (2) and (3).

(2)    In both paragraph (3)(b)(i) and paragraph (4)(a), for “at least one penalty point falls” there is substituted “at least four penalty points fall”.

(3)    For paragraph (3)(c) there is substituted—

“(c)    must satisfy the Secretary of State that he has satisfactorily completed the off-road elements of the training programme prescribed for drivers of goods vehicles by Council Directive 76/914/EEC (that is those set out in paragraphs 1 and 2.1 to 2.8 of the Annex to the directive)”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see reg 1(a).

4 Substitution of regulation 54

4Substitution of regulation 54

For regulation 54 of the Principal Regulations there is substituted—

“Large goods vehicle drivers' licences granted to persons under the age of 2154

(1)    A large goods vehicle driver's licence granted to a person under the age of 21 is subject to the conditions prescribed in relation thereto, for the purposes of section 114(1) of the Traffic Act, in the following paragraphs.

(2)    An LGV trainee driver's licence is subject to the condition that its holder shall not drive a large goods vehicle of any class which the licence authorises him to drive unless—

(a)    he is a registered employee of a registered employer, and

(b)    the vehicle is a large goods vehicle of a class to which his training agreement applies and is owned or operated by that registered employer or by a registered LGV driver training establishment.

(3)    A large goods vehicle driver's licence held by a member of the armed forces of the Crown is subject to the condition that he shall not drive a large goods vehicle of any class unless it is owned or operated by the Secretary of State for Defence and is being used for naval, military or air force purposes.

(4)    A large goods vehicle driver's licence which—

(a)    authorises the driving of a class of vehicles included in category C, and

(b)    is a full licence,

is subject to the condition that its holder shall not drive large goods vehicles of a class included in category C+E, other than vehicles included in sub-category C1+E the maximum authorised mass of which does not exceed 7.5 tonnes, as if he were authorised to do so by a provisional licence before the expiration of a period of six months commencing on the date on which he passed the test for that licence.

(5)    In this regulation—

“LGV trainee driver's licence” means a large goods vehicle driver's licence which—

(a)    authorises its holder to drive vehicles of a class included in category C or C+E,

(b)    is held by a person other than a member of the armed forces of the Crown, and

(c)    is in force for a period during the whole or part of which that person is under the age of 21;

“registered”, in relation to an employee, employer or training establishment, means registered for the time being by the Road Haulage and Distribution Training Council in accordance with the Training Scheme;

“training agreement”, in relation to an individual who is undergoing, or is to undergo, driver training under the Training Scheme, means the agreement between that individual and a registered employer;

“the Training Committee” means the Young LGV Driver Committee which is referred to in the Training Scheme;

“the Training Scheme” means the Young Large Goods Vehicle (LGV) Driver Training Scheme which has been established by the Road Haulage and Distribution Training Council and approved by the Secretary of State for the purpose of regulations under section 101(2) of the Traffic Act on 27th February 2003 for training young drivers of large goods vehicles.”

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see reg 1(a).

Rights & Duties of Employees & Employers93 Employment & Labour Law93

5 Amendment of Schedule 7

5Amendment of Schedule 7

(1)    For Parts 1 and 2 of Schedule 7 to the Principal Regulations (specified matters for the theory test) there are substituted respectively Parts 1 and 2 of Schedule 1 to these Regulations.

(2)    For Parts 3 and 4 of Schedule 7 to the Principal Regulations there are substituted respectively Parts 1 and 2 of Schedule 2 to these Regulations.

NOTES
Initial Commencement
Specified date

Para (1): Specified date: 1 July 2003: see reg 1(b).

Para (2): Specified date: 1 April 2003: see reg 1(a).

6 Transitional provisions

6Transitional provisions

(1)    Notwithstanding regulation 5 above, for the purposes of regulations 38 and 40 of the Principal Regulations—

(a)    a person shall be treated as having passed the theory test if, before the date when the relevant provision of these Regulations comes into force, he has satisfied the person conducting a theory test that he has a sound knowledge and understanding of the specified matters prescribed at the date when he took that theory test, and

(b)    a theory test pass certificate furnished to that person in respect of that test shall continue to be valid in accordance with regulation 47 of the Principal Regulations.

(2)    In this regulation, “specified matters”, “theory test” and “theory test pass certificate” have the same meanings respectively as in the Principal Regulations.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see reg 1(a).

Signature

Signed by authority of the Secretary of State for Transport

David Jamieson

Parliamentary Under Secretary of State,

Department for Transport

9th March 2003

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations further amend the Motor Vehicles (Driving Licences) Regulations 1999 by—

(a)    permitting the grant of a large goods vehicle driver's licence to a person under the age of 21 who has accumulated not more than 3 penalty points but imposing on an applicant for such a licence a requirement to produce evidence of satisfactory completion of the off-road element of the young LGV driver training course (regulation 3);

(b)    modifying the conditions subject to which large goods vehicle drivers' licences are granted to persons under the age of 21, to correspond with the terms of the new Young LGV Drivers Training Scheme approved by the Secretary of State on 27th February 2003 (regulation 4);

(c)    substituting (with effect from 1st April or 1st July 2003 as the case may be) new syllabuses for the theory tests to be taken by applicants for licences to drive vehicles in categories A, B, C, D and P (regulation 5 and Schedules). This implements in part Article 1(2) and Annex II of Commission Directive 2000/56/EC of 14th September 2000 amending Council Directive 91/439/EEC on driving licences.

They contain transitional provisions preserving the validity of theory test passes gained before the Regulations come into force (regulation 6).

A regulatory impact assessment has been prepared and copies may be obtained from the Driving Standards Agency, Stanley House, 56 Talbot Street, Nottingham NG1 5GU, or viewed on the Driving Standards Agency website www.dsa.gov.uk. A copy has been placed in the library of both of Houses of Parliament.