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Statutory Instruments

2002 No. 2379

ROAD TRAFFIC

The Driving Licences (Exchangeable Licences) Order 2002

Made

14th September 2002

Coming into Force

20th September 2002

The Secretary of State for Transport, being satisfied that satisfactory provision is made by the laws of the countries specified in this Order as respects the grant of driving licences of the descriptions specified herein and having consulted representative organisations in accordance with section 108(3) of the Road Traffic Act 1988 , in exercise of the powers conferred by section 108(2)(b), (2A) and (2B) of that Act, hereby makes the following Order:—

Citation and commencement

1. This Order may be cited as the Driving Licences (Exchangeable Licences) Order 2002 and shall come into force on 20th September 2002.

Interpretation

2. In this Order—

(a) driving test” means a test corresponding to the practical test of driving skills and behaviour prescribed under section 89 of the Road Traffic Act 1988 as part of the test of competence to drive;

(b) vehicle with automatic transmission” means a vehicle in which either—

(i) the driver is not provided with any means whereby he may vary the gear ratio between the engine and the road wheels independently of the accelerator and the brakes, or

(ii) he is provided with such means but they do not include a clutch pedal or lever which he may operate manually,

(and accordingly, a vehicle with manual transmission is any other class of vehicle); ...

(c) a reference to a licensing category or sub-category is a reference to the category or sub-category (as the case may be) identified by the same letter or combination of letters or of a letter and number in Schedule 2 to the Motor Vehicles (Driving Licences) Regulations 1999; and

(d) the reference in paragraph (c) to the Motor Vehicles (Driving Licences) Regulations 1999 is, after 18th January 2013, a reference to those Regulations as amended by the Motor Vehicles (Driving Licences) (Amendment) Regulations 2012.

Designation of the Republic of Korea

3. —(1) Subject to paragraph (3) below, the Republic of Korea is designated under section 108(2)(b) of the Road Traffic Act 1988 as respects licences of the descriptions specified in paragraph (2) below.

(2) The licences referred to in paragraph (1) are—

(a) licences which authorise the driving of a class of vehicles corresponding to a class of vehicles included in licensing category AM, B, B+E, F, K or Q , and which have been granted by the licensing authority of the Republic of Korea—

(i) to a person who has passed a driving test in the Republic of Korea, or

(ii) by way of exchange for a licence granted in an EEA State , in the United Kingdom , in a country or territory named in the Schedule or in the Principality of Monaco to a person who had passed a driving test in such a State, country or territory or in the said Principality; and

(b) licences which authorise the driving of a class of vehicle corresponding to a class of vehicle included in licensing category A and which have been granted by the licensing authority of the Republic of Korea by way of exchange for a licence granted in an EEA State , in the United Kingdom , in a country or territory named in the Schedule or in the Principality of Monaco to a person who has passed a driving test in such a State, country or territory or in the said Principality.

(3) A licence of a description specified in paragraph (2) above shall be exchangeable only in so far as it authorises the driving of vehicles with automatic transmission if it was granted to a person who passed a driving test, whether in the Republic of Korea or in a State, country or territory or the Principality mentioned in paragraph (2)(a)(ii) above, in a vehicle with automatic transmission notwithstanding that the licence authorises the driving in the Republic of Korea of vehicles with manual transmission.

Designation of the Principality of Monaco

4. —(1) Subject to paragraphs (3) and (4) below, the Principality of Monaco is designated under section 108(2)(b) of the Road Traffic Act 1988 as respects licences of the description specified in paragraph (2) below.

(2) The licences referred to in paragraph (1) are licences—

(a) which authorise the driving of a class of vehicles corresponding to a class of vehicles included in licensing category AM, B, B+E, F, K or Q or licensing sub-category A1, A2 or A3 , and

(b) which have been granted by the licensing authority of the Principality of Monaco—

(i) to a person who has passed a driving test in the Principality of Monaco, or

(ii) by way of exchange for a licence granted in an EEA State , in the United Kingdom , in a country or territory named in the Schedule or in the Republic of Korea to a person who had passed a driving test in such a State, country or territory or in the said Republic.

(3) A licence of a description specified in paragraph (2) above shall be exchangeable only in so far as it authorises the driving of vehicles with automatic transmission if it was granted to a person who passed a driving test, whether in the Principality of Monaco or in a State, country or territory of the Republic mentioned in paragraph (2)(b)(ii) above, in a vehicle with automatic transmission notwithstanding that the licence authorises the driving in the Principality of Monaco of vehicles with manual transmission.

(4) A licence of a description specified in paragraph (2)(b)(ii) above, being a licence granted by way of exchange for a licence granted to a person who had passed a driving test in the Republic of Korea, shall not be exchangeable in so far as it authorises the driving of a class of vehicles corresponding to a class of vehicles included in licensing category A, notwithstanding that the licence authorises the driving in the Principality of Monaco of a class of vehicles corresponding to that licensing category.

Signed by authority of the Secretary of State for Transport

John Spellar

Minister of State,

Department for Transport

Articles 3 and 4

SCHEDULE OTHER COUNTRIES AND TERRITORIES FROM WHICH A LICENCE MAY HAVE BEEN EXCHANGED

Andorra

Australia

Barbados

British Virgin Islands

The Provinces and Territories of Canada

Republic of Cyprus

The Falkland Islands

The Faroe Islands

Guernsey

Hong Kong

Isle of Man

Japan

Jersey

Malta

New Zealand

Singapore

South Africa

Switzerland

Zimbabwe

Status: There are currently no known outstanding effects for the The Driving Licences (Exchangeable Licences) Order 2002.
The Driving Licences (Exchangeable Licences) Order 2002 (2002/2379)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Word in art. 2(b) omitted (11.1.2013) by virtue of The Driving Licences (Exchangeable Licences) (Amendment) Order 2013 (S.I. 2013/22) , arts. 1(2) , 4(2)(a)(i)omitted
F2Art. 2(c) substituted (11.1.2013) by The Driving Licences (Exchangeable Licences) (Amendment) Order 2013 (S.I. 2013/22) , arts. 1(2) , 4(2)(a)(ii)substituted
F3Art. 2(d) added (11.1.2013) by The Driving Licences (Exchangeable Licences) (Amendment) Order 2013 (S.I. 2013/22) , arts. 1(2) , 4(2)(a)(iii)added
F4Words in art. 3(2)(a) substituted (19.1.2013) by The Driving Licences (Exchangeable Licences) (Amendment) Order 2013 (S.I. 2013/22) , arts. 1(2) , 4(2)(b)substituted
F5Words in art. 3(2)(a)(ii) substituted (31.12.2020) by The Driving Licences (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1251) , regs. 1(2) , 7(2)(a) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F6Words in art. 3(2)(b) substituted (31.12.2020) by The Driving Licences (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1251) , regs. 1(2) , 7(2)(b) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F7Words in art. 4(2)(a) substituted (19.1.2013) by The Driving Licences (Exchangeable Licences) (Amendment) Order 2013 (S.I. 2013/22) , arts. 1(2) , 4(2)(c)substituted
F8Words in art. 4(2)(b)(ii) substituted (31.12.2020) by The Driving Licences (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1251) , regs. 1(2) , 7(3) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F9Word in Sch. inserted (11.1.2013) by The Driving Licences (Exchangeable Licences) (Amendment) Order 2013 (S.I. 2013/22) , arts. 1(2) , 4(2)(d)(i)inserted
F10Words in Sch. inserted (11.1.2013) by The Driving Licences (Exchangeable Licences) (Amendment) Order 2013 (S.I. 2013/22) , arts. 1(2) , 4(2)(d)(ii)inserted
F10Words in Sch. inserted (11.1.2013) by The Driving Licences (Exchangeable Licences) (Amendment) Order 2013 (S.I. 2013/22) , arts. 1(2) , 4(2)(d)(ii)inserted
M11988 c. 52 . In section 108 subsection (2), (2A) and (2B) were substituted by the Deregulation (Exchangeable Driving Licences) Order 1998 (S.I. 1998/1917) . In section 108(1) see the definitions of “EEA Agreement”, “EEA State” and “exchangeable licence”. The definitions of “EEA Agreements” and “EEA State” were inserted by the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974) . The definition of “exchangeable licence” was substituted by the Deregulation (Exchangeable Driving Licences) Order 1998 (S.I. 1998/1917) .
Defined TermSection/ArticleIDScope of Application
driving testart. 2.driving_te_rtAIdIH
vehicle with automatic transmissionart. 2.vehicle_wi_rtdlX4R

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