Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 2011 and come into force on 15th November 2011.

(2) In these Regulations, “the principal Regulations” means the Motor Vehicles (Driving Licences) Regulations 1999( 2 ).

Amendment to disabilities prescribed in respect of Group 1 licences

2. —(1) Regulation 72 of the principal Regulations is amended as follows.

(2) After paragraph (3) there is inserted—

“ (4) Diabetes mellitus is prescribed for the purposes of section 92(2) of the Traffic Act as a relevant disability in relation to an applicant for, or a holder of, a Group 1 licence, who is being treated with insulin or another medication which carries a risk of inducing hypoglycaemia and—

(a) has experienced two or more episodes of severe hypoglycaemia during the previous one year period; or

(b) has impaired awareness of hypoglycaemia .

(5) Diabetes mellitus is prescribed for the purposes of section 92(4)(b) of the Traffic Act in relation to an applicant for a Group 1 licence who is being treated with insulin and—

(a) has had no more than one episode of severe hypoglycaemia during the period of one year immediately preceding the date when the licence is granted;

(b) does not have impaired awareness of hypoglycaemia; and

(c) satisfies the conditions prescribed in paragraph (6).

(6) The conditions are that the applicant—

(a) can demonstrate an understanding of the risks of hypoglycaemia and adequate control of the condition;

(b) undertakes appropriate blood glucose monitoring;

(c) is under regular medical review; and

(d) is a person in respect of whom the Secretary of State is satisfied that the driving of a vehicle in accordance with the licence is not likely to be a source of danger to the public.

(7) In this regulation—

“impaired awareness of hypoglycaemia” means the inability to detect the onset of hypoglycaemia because of a total absence of warning symptoms;

“severe hypoglycaemia” means an episode of hypoglycaemia requiring the assistance of another person ” .

Amendment to disabilities prescribed in respect of Group 2 licences

3. —(1) Regulation 73 of the principal Regulations is amended as follows.

(2) For paragraph (6) there is substituted—

“ (6) Diabetes mellitus is prescribed for the purposes of section 92(2) of the Traffic Act as a relevant disability in relation to an applicant for, or a holder of, a Group 2 licence who is being treated with insulin or another medication which carries a risk of inducing hypoglycaemia and—

(a) has experienced one or more episodes of severe hypoglycaemia during the previous one year period; or

(b) does not have full awareness of hypoglycaemia.

(6A) Diabetes mellitus is prescribed for the purposes of section 92(4)(b) of the Traffic Act in relation to an applicant for a Group 2 licence, who—

(a) is being treated with insulin and—

(i) has undergone treatment with insulin for at least 4 weeks;

(ii) has full awareness of hypoglycaemia;

(iii) has not, during the period of one year immediately preceding the date when the licence is granted, had an episode of severe hypoglycaemia; and

(iv) satisfies the conditions prescribed in paragraphs (6B) and (6C); or

(b) is being treated with a medication which carries a risk of inducing hypoglycaemia, other than insulin, and—

(i) has full awareness of hypoglycaemia;

(ii) has not, during the period of one year immediately preceding the date when the licence is granted, had an episode of severe hypoglycaemia; and

(iii) satisfies the conditions prescribed in paragraphs (6B) and (6D).

(6B) The conditions are that the applicant—

(a) regularly monitors his or her condition and, in particular, undertakes blood glucose monitoring at least twice daily and at times relevant to driving;

(b) provides a signed declaration to the Secretary of State that he or she—

(i) understands the risk of hypoglycaemia and will comply with such directions regarding treatment for diabetes as may from time to time be given by the registered medical practitioner overseeing that treatment, or one of the clinical team working under the supervision of that registered medical practitioner;

(ii) will immediately report to the Secretary of State in writing any significant change in his or her condition and pending any enquiries being made by the Secretary of State, will follow the advice of his or her registered medical practitioner, or one of the clinical team working under the supervision of that registered medical practitioner, concerning fitness to drive; and

(iii) will provide such evidence as the Secretary of State may request to demonstrate that the monitoring referred to in sub-paragraph (a) is being carried out;

(c) is a person in respect of whom the Secretary of State is satisfied that the driving of a vehicle in accordance with the licence is not likely to be a source of danger to the public.

(6C) The further conditions for an applicant who is being treated with insulin are that—

(a) the applicant has attended an examination by a hospital consultant specialising in the treatment of diabetes, who has provided a report sufficient to satisfy the Secretary of State that the applicant has a history of responsible diabetic control and currently has a minimal risk of impairment due to hypoglycaemia;

(b) the applicant monitors his or her condition as set out in paragraph (6B)(a), using a device that incorporates an electronic memory function to measure and record blood glucose levels, and undertakes to continue so to monitor.

(6D) The further condition for an applicant who is not being treated with insulin is that—

• the applicant has attended an examination by a registered medical practitioner, who has provided a report sufficient to satisfy the Secretary of State that the applicant has a history of responsible diabetic control and currently has a minimal risk of impairment due to hypoglycaemia.

(6E) In this regulation “severe hypoglycaemia” has the same meaning as in regulation 72(7). ” .

(3) Paragraph (9)( 3 ) is omitted.

(4) Paragraph (10)( 4 ) is omitted.

Duty to review

4. —(1) The Secretary of State must from time to time—

(a) carry out a review of regulations 2 and 3;

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Commission Directive 5 ) (which are implemented by means of regulations 2 and 3) are implemented in other member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by those regulations,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.