Statutory Instruments
1996 No. 1997

ROAD TRAFFIC
The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 1996

Made
23rd July 1996

Laid before Parliament
6th August 1996

Coming into force
9th September 1996

The Secretary of State for Transport, in exercise of the powers conferred on him by sections 97(3)(1), 105, and 108(1)(2) of the Road Traffic Act 1988, after consulting with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:—

1.  These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 1996 and shall come into force on 9th September 1996.

2.  Regulation 9(6) of the Motor Vehicles (Driving Licences) Regulations 1987(3) shall be amended in accordance with the following regulations.

3.—(1) The definition of “leg disability” shall be omitted.

(2) For the definition of “qualified driver” there shall be substituted—

““qualified driver” means—

(a)
in the case of the supervision of the driver of a motor car by a person whose licence is limited by virtue of a notice served under section 92(5)(b) of the Road Traffic Act 1988 to vehicles of a particular class, a person who holds a full licence authorising him to drive a motor car of a class falling within the same category as the motor car being driven by the holder of the provisional licence and who would in an emergency be able to take control of the steering and braking functions of that motor car,

(b)
in any other case, a person who holds a full licence authorising him to drive a motor vehicle of the same class as the vehicle being driven by the holder of the provisional licence,

and who is either—

(i)
at least 21 years of age and has held the licence referred to above for an aggregate period of 3 years or more, or

(ii)
a member of the armed services of the Crown acting in the course of his duties for naval, military or air force purposes.”

Signed by authority of the Secretary of State for Transport

Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
23rd July 1996

Explanatory Note

(This note is not part of the Regulations)
These regulations further amend regulation 9(6) of the Motor Vehicles (Driving Licences) Regulations 1987 by providing that, subject to one special condition, any person with a disability may be a “qualified driver” for the purpose of supervising a learner driver in a motor car. The special condition (in addition to general conditions as to age and experience) is that he must be able to take control of the braking and steering of the car in an emergency.
This provision replaces the previous regulation, which permitted only persons suffering from leg disabilities to act as supervisors (whether or not they could take control in an emergency).


(1)
Section 97(3) was amended by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22), section 6(2) and Schedule 3, paragraph 10.

(2)
See the definitions of “prescribed” and “regulations”.

(3)
S.I. 1987/1378. The relevant amendments are by S.I. 1990/842 and 1990/1396.