The Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 1997

Link to law: http://www.legislation.gov.uk/uksi/1997/2915/made/data.htm?wrap=true
Published: 1997-12-08

Statutory Instruments
1997 No. 2915

ROAD TRAFFIC
The Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 1997

Made
8th December 1997

Laid before Parliament
10th December 1997

Coming into force
1st January 1998

The Secretary of State for Transport, in exercise of the powers conferred by sections 89(7), 92(2)(1), 101(2) and (3), 105(2) and 108(1)(3) of the Road Traffic Act 1988(4), 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. 5) Regulations 1997 and shall come into force on 1st January 1998.

2.  The Motor Vehicles (Driving Licences) Regulations 1996(5) shall be amended in accordance with the following regulations.

3.—(1) Regulation 3(1) shall be amended as follows.

(2) For the definition of “incomplete large vehicle” there shall be substituted—

““incomplete large vehicle” means—

(a)
an incomplete motor vehicle, typically consisting of a chassis and a complete or incomplete cab, which is capable of becoming, on the completion of its construction, a medium-sized or large goods vehicle or a passenger-carrying vehicle, or

(b)
a vehicle which would be an articulated goods vehicle but for the absence of a fifth-wheel coupling,

and which is not drawing a trailer,”.

(3) For the definition of “maximum authorised mass” there shall be substituted—

““maximum authorised mass”—

(a)
in relation to a goods vehicle, has the same meaning as “permissible maximum weight” in section 108(1) of the Traffic Act,

(b)
in relation to an incomplete large vehicle, means its working weight, and

(c)
in relation to any other motor vehicle or trailer, has the same meaning as “maximum gross weight” in regulation 3(2) of the Construction and Use Regulations;”.

(4) At the end, there shall be inserted—

““working weight” means the weight of a vehicle in working condition on a road but exclusive of the weight of any liquid coolant and fuel used for its propulsion.”.

4.—(1) Regulation 6 shall be amended as follows.

(2) For paragraph (6) there shall be substituted—

“(6) A person may drive an incomplete large vehicle—

(a)having a working weight exceeding 3.5 tonnes but not exceeding 7.5 tonnes if he holds a relevant full licence authorising the driving of vehicles in sub-category C1, or

(b)having a working weight exceeding 7.5 tonnes if he holds a relevant full licence authorising the driving of vehicles in category C, other than vehicles in sub-category C1,

unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only incomplete large vehicles of the appropriate weight specified in paragraph (a) or (b) which have automatic transmission.”.

(3) In paragraph (9)—

(a)in sub-paragraph (c), the word “and” shall be omitted, and

(b)after that sub-paragraph, there shall be inserted—

“(cc)if he is aged 70 or over, is not suffering from a relevant disability in respect of which the licensing authority would be bound to refuse to grant him a Group 2 licence (within the meaning of regulation 65), and”.

5.  In regulation 7, after paragraph (10), there shall be inserted—

“(10A) In item 7, in the case of an incomplete large vehicle—

(a)which has a working weight not exceeding 3.5 tonnes, the age of 17 is substituted for the age of 21;

(b)which has a working weight exceeding 3.5 tonnes but not exceeding 7.5 tonnes, the age of 18 is substituted for the age of 21.”.

6.  For regulation 65(3) there shall be substituted—

“(3) Subject to paragraph (9)(cc) of regulation 6, a licence shall be a Group 1 licence in so far as it authorises, by virtue of paragraph (7), (8) or (9) of that regulation, the driving of a class of motor vehicles which is not included in a category or sub-category specified in relation to a Group 1 licence in paragraph (1) or (2) above.”.

7.  For regulation 73 there shall be substituted—

“73.  Paragraph (1)(c) of regulation 48 shall apply until 1st January 1999 as if the words “other than a mobile crane” were omitted.”.

Signed by authority of the Secretary of State for Transport

Helene Hayman
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
8th December 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Motor Vehicles (Driving Licences) Regulations 1996 (“the 1996 Regulations”) by providing—
(a)that a person wishing to drive an incomplete large vehicle over 3.5 tonnes in weight must hold a licence which would authorise him to drive a goods vehicle of an equivalent weight;
(b)that a person holding a licence to drive vehicles in category B only and wishing to drive a vehicle in sub-category D1 under the derogation in regulation 6(9) of the 1996 Regulations must comply with the medical standards applicable to sub-category D1 when he reaches the age of 70; and
(c)for the extension, until 1st January 1999, of the exemption under which a person wishing to drive a mobile crane may do so on the authority of a category B licence and need not comply with other provisions relating to large goods vehicles.


(1)
Section 92(2) was amended by the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974).

(2)
Section 105(2) was amended by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22), Schedule 3, paragraph 14, the Driving Licences (Community Driving Licence) Regulations 1990 (S.I. 1990/144) and by the Driving Licences (Community Driving Licence) Regulations 1996.

(3)
See the definition of “prescribed” and “regulations”.

(4)
1988 c. 52.

(5)
S.I. 1996/2824, which has been amended by S.Is 1996/3198, 1997/256, 1997/669, 1997/846 and 1997/2070.
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