The Motor Vehicles (Driving Licences) (Heavy Goods and Public Service Vehicles) Regulations 1990

• Citation: S.I. 1990/2611
• Sections: 17

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Motor Vehicles (Driving Licences) (Heavy Goods and Public Service Vehicles) Regulations 1990 and shall come into force on 1st April 1991.

(2) These Regulations apply in respect of existing heavy goods vehicle and public service vehicle licences.

Section 2 Interpretation

(1) In these Regulations, unless the context otherwise requires—

“the 1989 Act ” means the Road Traffic (Driver Licensing and Information Systems) Act 1989;

“articulated goods vehicle combination” has the same meaning as in section 108(1) of the 1988 Act ;

“full” in relation to an existing heavy goods vehicle licence or a large goods vehicle driver’s licence means such a licence which is not a provisional heavy goods vehicle licence or a provisional large goods vehicle driver’s licence as the case may be;

“holder”, in relation to a licence, means the person to whom the licence was granted;

“hgv trainee driver’s licence” means an existing heavy goods vehicle licence which—

is a licence to drive heavy goods vehicles of class 1, 1A, 2, 2A, 3 or 3A,

was applied for by a person under the age of 21 on the date of the application, and

has effect for a period during the whole or part of which the holder is under the age of 21;

“large goods vehicle” and “large goods vehicle driver’s licence” have the same meaning as in part IV of the 1988 Act;

“lgv trainee driver’s licence” has the same meaning as in the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990 ;

“licence” means an existing licence;

“Northern Ireland ordinary driving licence” means a licence to drive a motor vehicle granted under the law for the time being in force in Northern Ireland equivalent to Part III of the 1988 Act but does not include such a licence in so far as it authorises a person to drive large goods vehicles or passenger-carrying vehicles of any category;

“ordinary driving licence” means a licence to drive a motor vehicle granted under Part III of the 1988 Act other than a large goods vehicle driver’s licence or a passenger-carrying vehicle driver’s licence;

“passenger-carrying vehicle driver’s licence” has the same meaning as in Part IV of the 1988 Act;

“penalty points” means penalty points endorsed on an ordinary driving licence or the counterpart of such a licence pursuant to sections 28 and 29 of the Road Traffic Offenders Act 1988 or counted as having been so endorsed pursuant to paragraph 7(3) of Schedule 4 to the Road Traffic (Consequential Provisions) Act 1988 ;

“relevant endorsement” means an endorsement on a Northern Ireland ordinary driving licence of particulars of a conviction in pursuance of those provisions for the time being in force in Northern Ireland that correspond to sections 44 and 45 of the Road Traffic Offenders Act 1988;

“standard” in relation to an existing heavy goods vehicle licence or a large goods vehicle driving licence means such a licence which is not an hgv or an lgv trainee driver’s licence as the case may be;

“traffic commissioner” means in relation to the holder of a licence the traffic commissioner in whose area the holder of the licence resides except in relation to service personnel to whom regulation 14 applies.

(2) In these Regulations, unless the context otherwise requires, any reference to a class of heavy goods or public service vehicle is a reference to a class specified in column (2) of Part I or II , as the case may be, of Schedule 1, and in the case of a class identified by a number in relation to that number, and reference to a category of vehicle is a reference to a category specified in column (2) of Schedule 1 to the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990 or in column (2) of Schedule 3 to the Motor Vehicles (Driving Licences) Regulations 1987 , and in the case of a category identified by a letter in relation to that letter.

(3) In these Regulations, unless the context otherwise requires, a reference to a regulation or Schedule followed by a number is a reference to the regulation or Schedule bearing that number in these Regulations, and a reference to a paragraph followed by a number is a reference to the paragraph bearing that number in the regulation in which it appears.

Section 3 Notification of change of name or address

If, during the currency of a licence, the holder changes his name or address he shall, forthwith notify the Secretary of State of the new name or address, as the case may be, and surrender his licence for replacement by a licence to drive large goods vehicles or passenger-carrying vehicles as the case may be.

Section 4 Withdrawal of ordinary driving licence or Northern Ireland ordinary driving licence

If the holder of a licence is disqualified for holding or obtaining an ordinary driving licence under section 34, 35 or 36 of the Road Traffic Offenders Act 1988 or under the law for the time being in force in Northern Ireland which corresponds to any of those sections for holding or obtaining a Northern Ireland ordinary driving licence, or if such a licence is refused or revoked under section 92 of the 1988 Act or any provision of that law that corresponds to that section, he shall surrender his first mentioned licence to the traffic commissioner.

Section 5 Duplicate licences

(1) If a licence has been lost, the holder shall forthwith notify the traffic commissioner and the traffic commissioner, if satisfied that the licence has been lost and on payment of the fee specified in paragraph (5), shall issue a copy of it marked as a duplicate.

(2) If a licence referred to in paragraph (1) is subsequently recovered by the holder he shall forthwith return it to the traffic commissioner.

(3) If a licence becomes defaced, the holder shall forthwith return it to the traffic commissioner and on such return the traffic commissioner shall, on payment of the fee specified in paragraph (5), issue a copy of the licence marked as a duplicate.

(4) A copy of a licence issued and marked as a duplicate in accordance with paragraph (1) or (3) shall have the same effect as the licence which it duplicates.

(5) The fee for the issue of a duplicate licence shall be £5.

(6) Upon the issue of a duplicate licence to him the holder shall sign it in ink with his usual signature.

Section 6 Custody and production

(1) Save as provided in paragraph (2), on being required to do so by any certifying officer, vehicle examiner or person authorised by any traffic commissioner on production, in any such case, if so required, of his authority, or by any constable, the holder of a licence shall forthwith produce his licence for examination by such officer, examiner, person or constable, as the case may be.

(2) If any person is unable to produce his licence when required to do so in accordance with paragraph (1) it shall be a sufficient compliance with that paragraph if—

(a) in a case where the licence was required by a constable to be produced, within 7 days after the production of the licence was so required, it is produced in person by the holder for examination at such police station as may have been specified by him at the time its production was required; or

(b) in any other case, within 10 days after the production of the licence was so required it is made available for examination at such office as the person requiring its production may have specified at the time its production was required.

(3) Where a licence has been suspended or revoked, then if the holder of the licence fails to deliver it for endorsement, cancellation or transmission as required by regulation 8, a constable or a vehicle examiner may require him to produce it, and upon its being produced may seize it and deliver it for endorsement, cancellation, or transmission in accordance with that regulation.

(4) In this regulation—

(a) “certifying officer” means an officer appointed under section 7(1) of the 1981 Act ;

(b) “vehicle examiner” means a person appointed as such in accordance with section 7(2) of the 1981 Act or under section 68(1) of the 1988 Act; and

(c) “licence” includes an existing Northern Ireland licence.

Section 7 Revocation of licences

(1) For the purposes of paragraph 5(1)(a)(i) of Part I of Schedule 1 to the 1989 Act (obligatory revocation of licence), the following physical disabilities are prescribed:—

(a) an epileptic attack since attaining the age of 5 years;

(b) abnormal sight in one or both eyes where—

(i) in the case of a person who held a licence on 1 January 1983 and who holds such a licence on 1 April 1991, the visual acuity is worse than 6/12 with the better eye and worse than 6/36 with the other eye and, if corrective lenses are worn, the uncorrected acuity in each eye is worse than 3/60, or

(ii) in any other case, the visual acuity is worse than 6/9 in the better eye and worse than 6/12 in the other eye and, if corrective lenses are worn, the uncorrected acuity in each eye is worse than 3/60;

(c) sight in only one eye unless—

(i) in the case of a person who held a licence on 1 January 1983 and who holds such a licence on 1 April 1991 the traffic commissioner in whose area he resides or the traffic commissioner who granted the last-mentioned licence knew of the disability before 1 January 1991 and the visual acuity in that eye is no worse than 6/12, or

(ii) in the case of a person who did not hold a licence on 1 January 1983 but who holds such a licence on 1 April 1991 the traffic commissioner in whose area he resides or the traffic commissioner who granted the last-mentioned licence knew of the disability before 1 January 1991 and the visual acuity in that eye is no worse than 6/9;

(d) diabetes subject to insulin treatment unless the person in question held on 1 April 1991 a licence and the traffic commissioner in whose area he resides or the traffic commissioner who granted the licence knew of the disability before 1 January 1991.

(2) The following circumstances relating to conduct are prescribed for the purposes of paragraph 5(1)(a)(ii) of Part I of Schedule 1 to the 1989 Act (obligatory revocation of licence) namely, in the case of the holder of an existing heavy goods vehicle licence who is under the age of 21,—

(a) that his ordinary driving licence, or in the case of such a licence which came into force on or after 1 June 1990 the counterpart of that licence, has more than three penalty points endorsed on it; or

(b) that his Northern Ireland ordinary driving licence, or in the case of such a licence which came into force on or after 1 January 1991 the counterpart of that licence, bears more than one relevant endorsement.

(3) In this regulation references to measurements of visual acuity are references to visual acuity measured on the Snellen Scale.

Section 8 Surrender of licences

The holder of an existing licence, or an existing Northern Ireland licence, which has been suspended or revoked shall within 7 days of receipt of notice, either delivered to him personally or sent by post, of the decision to suspend or revoke the licence, send or deliver such licence, in the case of the holder of an existing licence, to the traffic commissioner, in whose area he resides and, in the case of the holder of a Northern Ireland licence, to the traffic commissioner for the North Western traffic area, for endorsement and return to the holder, or for cancellation, or transmission to the licensing authority in Northern Ireland, as the case may require.

Section 9 Disqualification

(1) Where in pursuance of paragraph 5(1)(a)(i) of Part I of Schedule 1 to the 1989 Act the Secretary of State has revoked a person’s licence the Secretary of State shall order that person to be disqualified indefinitely.

(2) Where in pursuance of paragraph 5(1)(a)(ii) of Part I of Schedule 1 to the 1989 Act the Secretary of State has revoked a person’s licence the Secretary of State shall order that person to be disqualified until he reaches 21 years of age or for such longer period as the Secretary of State may determine.

(3) For the purposes of paragraph 6(7) of Part I of Schedule 1 to the 1989 Act, the prescribed classes of large goods vehicles are categories C and C plus E and the prescribed classes of passenger-carrying vehicles are categories D and D plus E.

Section 10 Removal of disqualification

(1) Subject to paragraph (2) and (3) below, the Secretary of State may, under paragraph 6(4) of Part I of Schedule 1 to the 1989 Act, remove a disqualification imposed under paragraph 6(2)(a) of that Schedule if the application for the removal of the disqualification is made after the expiration of whichever is relevant of the following periods from the commencement of the disqualification, that is to say—

(a) two years, if the disqualification is for less than four years;

(b) one half of the period of the disqualification, if it is for less than ten years, but not less than four years;

(c) five years in any other case, including disqualification for an indefinite period.

(2) The applicant must have incurred no further penalty points or relevant endorsements.

(3) Where an application under paragraph (1) above for the removal, under paragraph 6(4) of Part I of Schedule 1 to the 1989 Act, of a disqualification is refused, a further such application shall not be entertained if made within three months after the date of refusal.

Section 11 Provisional standard licences for heavy goods vehicles

(1) A full standard existing licence to drive heavy goods vehicles of class 2, 2A, 3 or 3A shall also be treated (in so far as it does not by virtue of regulation 16 operate as a full licence to drive such vehicles) as a provisional standard licence to drive heavy goods vehicles of a class in respect of which the holder is not by reason of his age disqualified under section 101(1) of the 1988 Act for holding or obtaining a large goods vehicle driver’s licence.

(2) Subject to paragraph (3) below, a provisional standard existing heavy goods vehicle licence, including a full standard licence which is treated as a provisional standard licence under paragraph (1) above, shall be subject to the following conditions, which are prescribed conditions for the purposes of paragraph 3(1) of Part I of Schedule 1 to the 1989 Act, that is to say, the holder shall not drive a heavy goods vehicle of any class which he may drive by virtue of the licence or a large goods vehicle of any category which he is entitled to drive by virtue of regulation 16—

(a) otherwise than under the supervision of a person who is present with him in the vehicle and who holds a full standard heavy goods vehicle licence or a full standard large goods vehicle driver’s licence to drive the vehicle; and

(b) unless there is clearly displayed in a conspicuous manner on the front and on the back of the vehicle a distinguishing mark—

(i) before the expiry of 5 years after these Regulations come into force, in either form A or B set out in Schedule 2; or

(ii) after the expiry of that period in form B set out in that Schedule.

(3) The condition specified in paragraph (2)(a) shall not apply whilst the holder of the licence is undergoing a test of competence to drive large goods vehicles of any category, being a test for which provision is made under section 89 of the 1988 Act, and the conditions specified in paragraph (2)(a) and (b) shall not apply in relation to the driving of a large goods vehicle of any category where the holder of the licence has passed such a test for a vehicle of that category.

Section 12 HGV trainee drivers' licences

(1) Every hgv trainee driver’s licence shall be subject to the following conditions, which are prescribed conditions for the purposes of paragraph 3(1) of Part I of Schedule 1 to the 1989 Act—

(a) that the holder shall not drive a heavy goods vehicle of any class for which the licence is issued or for which the licence is treated as a provisional licence unless the holder is the registered employee of a registered employer named in the licence and either—

(i) the vehicle is a heavy goods vehicle of a class to which the holder’s training agreement applies and which is stated in the licence, and the vehicle is owned or operated by that registered employer or by a registered hgv driver training establishment named in the licence; or

(ii) the holder is a part-time member of the armed forces of the Crown and the vehicle is owned by the Secretary of State for Defence and used for naval, military or air force purposes, and

(b) in the case of a holder of an hgv trainee driver’s full licence, that he shall not drive a heavy goods vehicle of any class for which the licence is issued, if the vehicle is being used to draw a trailer, otherwise than under the supervision of a person who is present with him in the vehicle and who holds a full standard existing heavy goods vehicle licence or a full standard large goods vehicle driver’s licence to drive the vehicle.

(2) Subject to paragraphs (3) and (4), an hgv trainee driver’s provisional licence, including an hgv trainee driver’s full licence which is treated as an hgv trainee driver’s provisional licence, shall be subject to the following conditions (additional to that prescribed by paragraph (1) above), which are prescribed conditions for the purposes of paragraph 3(1) of Part I of Schedule 1 to the 1989 Act, that is to say, that the holder shall not drive a heavy goods vehicle of any class which he may drive by virtue of the licence—

(a) otherwise than under the supervision of a person who is present with him in the vehicle and who holds a full standard existing heavy goods vehicle licence or a full standard large goods vehicle driver’s licence to drive the vehicle;

(b) unless there is clearly displayed in a conspicuous manner on the front and on the back of the vehicle a distinguishing mark—

(i) before the expiry of 5 years after these Regulations come into force in either form A or B set out in Schedule 2;

(ii) after the expiry of that period, in form B set out in that Schedule;

(c) if the vehicle is being used to draw a trailer, unless the combination of the vehicle and trailer falls within category C plus E.

(3) The condition specified in paragraph (2)(a) shall not apply while the holder of an hgv trainee driver’s provisional licence (including a full licence which is treated as a provisional licence) is undergoing a test of competence to drive large goods vehicles of any category, being a test for which provision is made under section 89 of the 1988 Act.

(4) Where the holder of an hgv trainee driver’s provisional licence (including a full licence which is treated as a provisional licence) has passed a test for a large goods vehicle of a category for which the licence is, or is treated as, a provisional licence, the conditions specified in paragraph (2) (except (a) where the vehicle is in category C and is being used to draw a trailer or is in category C plus E) shall not apply so far as regards the driving of a vehicle in that category.

(5) In this regulation, unless the context otherwise requires—

“registered” means registered for the time being by the Training Committee in accordance with the relevant provisions of the training scheme;

“training agreement”, in relation to an individual who is undergoing, or is to undergo, hgv driver training, means his agreement therefor with his registered employer in pursuance of the training scheme;

“the Training Committee” means the Committee which has been established by the employers' associations and the trade unions in the road goods transport industry with a constitution approved by the Secretary of State and which is known as the National Joint Training Committee for Young HGV Drivers in the Road Goods Transport Industry;

“the training scheme” means the scheme which has been established by the Training Committee with the approval of the Secretary of State (given for the purpose of regulations under section 101 of the 1988 Act before the date of coming into force of these Regulations) for training young drivers of heavy goods vehicles and which provides for—

the registration by the Training Committee of employers who are willing and able to provide hgv driver training for persons employed by them,

the registration by the Training Committee of persons operating establishments for providing hgv driver training,

a syllabus for hgv driver training, and

the registration by the Training Committee of individual employees who are undergoing, or are to undergo, hgv driver training in the service of a registered employer in accordance with a form of agreement approved by the Training Committee.

Section 13 Issue of existing licence after reconsideration or appeal

Where a heavy goods vehicle or public service vehicle licence is issued as a result of any reconsideration by, or appeal from, a licensing authority under section 116 of the 1988 Act or section 23 of the 1981 Act, which was continued under section 1(3) of the 1989 Act, that licence shall be issued in the form of an existing licence and the person to whom it is issued shall sign it in ink with his usual signature.

Section 14 Service personnel

The functions of the traffic commissioners under these Regulations shall, except where the context otherwise requires, be exercisable in relation to holders of licences subject to the Naval Discipline Act 1957 , to military law or to air force law who are not resident in Great Britain by the traffic commissioner for the South Eastern Traffic Area.

Section 15 Northern Ireland licences

(1) For the purposes of paragraph 9(2) of Part I of Schedule 1 to the 1989 Act the prescribed traffic commissioner is the traffic commissioner for the North Western Traffic Area.

(2) For the purposes of paragraph 9(4) of Part I of Schedule 1 to the 1989 Act the prescribed magistrates' court or prescribed sheriff to whom the holder of an existing Northern Ireland licence who is not resident in Great Britain and who is aggrieved may appeal are—

(i) such a magistrates' court or sheriff as he may nominate at the time he puts down his appeal, or

(ii) in the absence of a nomination of a particular court under sub-paragraph (i) above, the magistrates' court in whose area the office of the traffic commissioner for the North Western Traffic Area is situated.

Section 16 Entitlement to drive large goods and passenger-carrying vehicles

The holder of a licence other than an hgv trainee driver’s licence conferring entitlement to drive vehicles of a class specified in an entry in column (1) of Part I or Part II, as the case may be, of the table in Schedule 3 (including a licence conferring such entitlement by virtue of regulation 11(1)) shall also be entitled during the currency of that licence to drive large goods and passenger-carrying vehicles of a category specified in the entry opposite thereto in column (2) of Part I or II, as the case may be, of that table, and in respect of a licence for vehicles in class 3 or 3A which is restricted to vehicles having a permissible maximum weight not exceeding 10 tonnes by virtue of—

(a) paragraph 3(3) and (5) of Schedule 2 to the Road Traffic (Drivers' Ages and Hours of Work) Act 1976 ; or

(b) paragraph (1) or (2) of regulation 31 of the Heavy Goods Vehicles (Drivers' Licences) Regulations 1977 before they ceased to have effect with the repeal of Part IV of the 1988 Act by section 1 of the 1989 Act,

without any such restriction.

Section 17 Offences

The holder of a licence who contravenes, or fails to comply without reasonable excuse, with, any provision of regulation 3, 4, 5, 6(1) and (2), 8 or 13 shall be guilty of an offence.