Explanatory note
(This note is not part of the Regulations)
These Regulations revoke and replace regulation 7(11) and (12) of the Motor Vehicles (Driving Licences) Regulations 1999 (S.I. 1999/2864) (“the 1999 Regulations”) which relates to the competence to drive classes of vehicles in special cases. Regulation 7(11) and (12) of the 1999 Regulations is secondary assimilated law within the meaning of section 11(2) of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28).
Regulation 2 revokes and replaces provisions within regulation 7 of the 1999 Regulations allowing category B licence holders to drive a zero-emission vehicle that exceeds the maximum authorised mass of a category B vehicle. In particular, regulation 2 amends regulation 7(11) and (12) of the 1999 Regulations to:
replace the reference to “an alternatively fuelled vehicle” with “zero-emission vehicle”, narrowing the scope of vehicles able to benefit from the increased weight allowance;
remove the restriction that prevented the towing of a trailer;
remove the additional five hour training requirement;
remove the requirement that any such vehicles are to be driven exclusively for the purpose of transporting goods;
replace the definition of “an alternatively fuelled vehicle” with a definition of “zero-emission vehicle”; and
remove the reference to the requirement that a zero-emission vehicle is not to be driven outside the territory of Great Britain. Although that express provision has been removed, the weight uplift permitted by these Regulations still applies to Great Britain only as the extent of the 1999 Regulations is Great Britain.
Regulation 2 also amends regulation 7(11) of the 1999 Regulations to provide that a category B licence holder may drive a zero-emission vehicle with a maximum authorised mass not exceeding 4.25 tonnes, or 5 tonnes for a zero-emission vehicle fitted with specialist equipment for disabled passengers, in Great Britain. A trailer allowance with a maximum authorised mass not exceeding 2.75 tonnes is also provided to align with the category B+E entitlement for standard (category B) licence holders. The vehicle and trailer combination must not exceed a maximum authorised mass of 7 tonnes.
A full impact assessment has not been produced for this instrument as there is no, or no significant, impact on the private, public or voluntary sectors. However, a de minimis assessment has been produced in respect of this instrument and is published alongside these Regulations on www.legislation.gov.uk.
An Explanatory Memorandum is published alongside these Regulations on www.legislation.gov.uk.