Citation, commencement and extent

1. —(1) These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2021.

(2) These Regulations come into force on 15th November 2021.

(3) These Regulations extend to England and Wales and Scotland.

Amendments to the Motor Vehicles (Driving Licences) Regulations 1999

2.The Motor Vehicles (Driving Licences) Regulations 1999( 11 ) are amended as follows.

3. In regulation 11 (eligibility to apply for provisional licence), in the table, for the entries in column (2) (category/sub-category of full licence required) corresponding to the categories/sub-categoriesC1 + E, C + E, D1 + E and D + E in column (1) (category or sub-category of licence applied for), substitute—

(a) for sub-categoryC1 + E, “B”,

(b) for category C + E, “B”,

(c) for sub-categoryD1 + E, “B”, and

(d) for category D + E, “B”.

4. In regulation 17 (meaning of “ qualified driver ”)—

(a) in paragraph (2A), after “of the learner vehicle”, insert “, or such a person gained their entitlement to drive vehicles included in such sub-categories on or after 15th November 2021” ;

(b) in paragraph (3)(e), omit “subject to sub-paragraph (ea),”;

(c) omit paragraph (3)(ea); and

(d) in the table, for the entries in column (2) (categories and sub-categories authorised by the relevant licence) corresponding to the categories/sub-categories C, C1, C + E, C1 + E, D , D1, D + E and D1 + E in column (1) (categories and sub-categories which include the vehicle being driven by the provisional licence holder), substitute—

(i) for category C, “C + E, D and D + E”,

(ii) for sub-category C1, “C1 + E, D1 and D1 + E”,

(iii) for category C + E, “C and D + E”,

(iv) for sub-categoryC1 + E, “C, C1, and D1 + E”,

(v) for category D, “C, C + E and D + E”,

(vi) for sub-category D1, “C1, C1 + E and D1 + E”,

(vii) for category D + E, “C + E and D”, and

(viii) for sub-categoryD1 + E, “C1 + E, D and D1”.

5. In regulation 19 (full licences and provisional entitlement)—

(a) in paragraph (2), before “as if he were authorised”, insert “save where he is the holder of a full licence which authorises the driving of motor vehicles of a class included in that category or sub-category,” ;

(b) in the table—

(i) for “C1 + E” in the entry in column (2) (provisional entitlement included) that corresponds to the sub-category C1 in column (1) (full licence held), substitute “None” ,

(ii) insert the following rows after the row in the table that relates to category C—

(iii) for “D1 + E” in the entry in column (2) (provisional entitlement included) corresponding to the sub-category D1 in column (1) (full licence held), substitute “C1, C1 + E, C, C + E, D1 + E, D and D + E” ,

(iv) for “D1 + E, D + E” in the entry in column (2) (provisional entitlement included) corresponding to the category D in column (1) (full licence held), substitute “C1, C1 + E, C, C + E, D1 + E and D + E” , and

(v) insert the following rows after the row in the table that relates to category D—

6. In regulation 40 (nature of tests other than extended tests), after paragraph (4)(a)—

(a) omit “and”; and

(b) insert—

“ (aa) in a case where the test is for a licence authorising the driving of vehicles in category C + E and the applicant is not the holder of a full licence which authorises the driving of motor vehicles included in category C, shall consist of the matters prescribed in respect of the large vehicle test of driving theory for category C, the large vehicle hazard perception test and the specified requirements prescribed in respect of the practical test for category C + E;

(ab) in a case where the test is for a licence authorising the driving of vehicles in sub-category D1 + E and the applicant is the holder of a full licence which was in force at a time before 1st January 1997 and authorises the driving of motor vehicles included in sub-category D1 + E (not for hire or reward) but not the driving of any other vehicles included in category D + E, shall consist of the matters prescribed in respect of the large vehicle test of driving theory for category D, the large vehicle hazard perception test and the specified requirements prescribed in respect of the test for category D + E;

(ac) in a case where the test is for a licence authorising the driving of vehicles in category D + E and the applicant is not the holder of a full licence which authorises the driving of motor vehicles included in category D, shall consist of the matters prescribed in respect of the large vehicle test of driving theory for category D, the large vehicle hazard perception test and the specified requirements prescribed in respect of the practical test for category D + E; and ” .

7. In Schedule 2 (categories and sub-categories of vehicle for licensing purposes), in Part 1, in the table, in column (3) (additional categories and sub-categories)—

(a) in relation to the entry that relates to category C + E in column (1), after “B + E”, insert “and C” ;

(b) in relation to the entry that relates to categoryC1 + E in column (1), after “B + E”, insert “and C1” ;

(c) in relation to the entry that relates to category D + E in column (1), after “B + E”, insert “and D” ; and

(d) in relation to the entry that relates to categoryD1 + E in column (1), after “B + E”, insert “and D1” .

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

(a) in Part 3 (practical test: categories C and C + E), in section A (vehicle safety checks)—

(i) in paragraph 2, after “category C + E only,”, insert “where the test candidate has passed a test for a licence authorising the driving of vehicles in category C,” ,

(ii) after paragraph 2, insert—

“ 2A. In the case of a test for a licence authorising the driving of vehicles in category C + E only, where the test candidate has not passed a test for a licence authorising the driving of vehicles in category C—

(a) on three occasions demonstrate (or at the discretion of the person conducting the test describe how to perform) a check on, at the discretion of the person conducting the test, either—

(i) the condition and safety of a component of the vehicle specified in paragraph 3,

(ii) the condition and safety of one of the following: the body of the vehicle, any sheeting used in respect of a load on the vehicle, a load itself, anything intended to secure such a load, the vehicle’s cabin locking (if any), or its cargo doors (if any), or

(iii) the vehicle’s tachograph or any other part of the dashboard instrument panel, and

(b) demonstrate on one occasion, and describe on a second occasion how to perform, a check (chosen at the discretion of the person conducting the test) on the condition and safety of either—

(i) a component of the vehicle or trailer (as relevant) specified in paragraph 3,

(ii) one of the following: the body of the trailer, any sheeting used in respect of a load on the trailer, a load itself, anything intended to secure such load, or the trailer’s cargo doors (if any), or

(iii) the coupling mechanism or the brake and electrical connection between the tractor vehicle and the trailer. ” ;

(b) in Part 4 (practical test: categories D and D + E), in section A (vehicle safety checks)—

(i) in paragraph 2, after “category D + E only,”, insert “where the test candidate has passed a test for a licence authorising the driving of vehicles in category D,” ,

(ii) after paragraph 2, insert—

“ 2A. In the case of a test for a licence authorising the driving of vehicles in category D + E only, where the test candidate has not passed a test for a licence authorising the driving of vehicles in category D—

(a) on three occasions demonstrate (or at the discretion of the person conducting the test describe how to perform) a check (chosen at the discretion of the person conducting the test) on the condition and safety of either—

(i) a component of the vehicle (chosen at the discretion of the person conducting the test) listed in paragraph 3, or

(ii) a feature (chosen at the discretion of the person conducting the test) of the vehicle listed in paragraph 4, and

(b) demonstrate on one occasion, and describe on a second occasion how to perform, a check (chosen at the discretion of the person conducting the test) on the condition and safety of either—

(i) a component of the vehicle or trailer (as relevant) listed in paragraph 3,

(ii) a feature (chosen at the discretion of the person conducting the test) of the vehicle or trailer (as relevant) listed in paragraph 4, or

(iii) the coupling mechanism or the brake and electrical connection between the tractor vehicle and the trailer. ” .

Undetermined applications for provisional licences made before these Regulations come into force

9. Where a person has made an application for a new or replacement provisional licence under section 97 of the Traffic Act and that application has not been determined before the date on which these Regulations come into force, the Secretary of State may determine such an application as if it were an application for a new or replacement provisional licence made on or after that date.

Review

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

(a) carry out a review of the regulatory provisions contained in these Regulations; and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before the end of the period of three years beginning with the date on which these Regulations come into force.

(3) Subsequent reports must be published at intervals not exceeding five years.

(4)Section 30(4) of the Small Business, Enterprise and Employment Act 2015( 12 ) requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

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

(c) assess whether those objectives remain appropriate;

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this regulation, “ regulatory provision ” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).