Citation and commencement

1. These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005 and shall come into force on 1st November 2005.

Amendment of the Motor Vehicles (Driving Licences) Regulations 1999

2.The Motor Vehicles (Driving Licences) Regulations 1999( 2 ) are further amended in accordance with regulations 3 to 11.

3. —(1) Regulation 17 (meaning of “qualified driver”) shall be amended as follows.

(2) In paragraph (1)(d), for “category B” there shall be substituted “categories B, C, D, C+E, or D+E”.

(3) For paragraph (3)(c)(i) there shall be substituted—

“ (i) in the case of a disabled driver, a full licence authorising the driving of a class of vehicles in the same category as the provisional licence holder whose driving the disabled driver is supervising provided that, in the case of a licence authorising the driving of vehicles in category B, that licence authorises the driving of vehicles other than vehicles in sub-category B1 or B1 (invalid carriages), and ” .

(4) For paragraph (3)(d)(i) there shall be substituted—

“ (i) he holds a full licence for the minimum period of time specified in column 2 of the table at the end of this regulation opposite the category in column 1 of that table which includes the vehicle that is being driven by the provisional licence holder whom that person is supervising, or ” .

(5) For paragraph (3)(e) there shall be substituted—

“ (e) for the purposes of sub-paragraph (d)(i), a person may meet the requirement for holding a full licence for a minimum period of time either by holding that licence continuously for that period or for periods amounting in aggregate to not less than that period; and

(f) for the purposes of sub-paragraph (d)(ii), a person shall be regarded as holding a relevant licence during any period in which he holds both a provisional licence and a valid test pass certificate entitling him to a full licence authorising the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder.

4. In regulation 22, in the definition of “working day”, “Saturday,” shall be omitted.

5. In regulations 27(6) and 28(6), for “on the day which is three clear working days before” there shall be substituted “at 16.00 hours on the day which allows one clear working day to elapse between that day and”.

6. In regulations 32(6) and 33(6), for “midday on the day which is two working days before” there shall in both places occurring be substituted “16.00 hours on the day which allows one clear working day to elapse between that day and”.

7. In regulation 36(a), for “ten” there shall be substituted “three”.

8. For regulation 38(5)(c) there shall be substituted—

“ (c) sign, on the Driving Test Report Form produced to him by the person conducting the test, a declaration to the effect that–

(i) there is in force, in relation to the use of the vehicle provided for the test, a policy of insurance which complies with the requirements of Part VI of the Traffic Act, and

(ii) he satisfies the residence requirement as described in paragraph (1). ”

9. For regulation 38(6) there shall be substituted—

“ (6) For the purposes of this regulation, a person conducting a test may be satisfied as to a person’s identity –

(a) from a valid passport, or

(b) where the person conducting the test is a person to whom regulation 23(1)(b) or regulation 24(1)(b) applies, from such evidence as that person considers appropriate. ”

10. In Schedule 2, Part 2—

(a) in the entry relating to C1+E (8.25 tonnes) for column (2) there shall be substituted—

• “ A sub-category of category C+E comprising combinations of a motor vehicle and trailer in sub-category C1+E where:

  (a)

  the maximum authorised mass of the trailer exceeds 750 kilograms and may exceed the unladen weight of the tractor vehicle, and

  (b)

  the maximum authorised mass of the combination does not exceed 8.25 tonnes. ” ;

(b) in the entry relating to D1+E (not for hire or reward) for column (2) there shall be substituted:

• “ A sub-category of category D+E comprising motor vehicles in sub-category D1+E where:

  (a)

  the motor vehicles are driven otherwise than for hire or reward, and

  (b)

  the maximum authorised mass of the trailer exceeds 750 kilograms and may exceed the unladen weight of the tractor vehicle. ” .

11. Schedule 6 shall be omitted.