Explanatory note

These Regulations amend the Road Traffic Act 1988, the Road Traffic Offenders Act 1988, the Transport Act 1985, certain other Acts and the Motor Vehicles (International Circulation) Order 1975 so as to give effect to Council Directive 91/439/EEC of 29 July 1991 on driving licences (OJ No. L 237, 24.8.91, p.1). The Directive applies, by virtue of Decision 7/94 of the EEA Joint Committee (OJ No. L 160, 28.6.94, p.1) to states within the European Economic Area.

The principal changes made are as follows—

• holders of driving licences issued by states within the EEA (called “Community licences”) who become resident in Great Britain are authorised to drive here without the need to exchange their licences for British ones within a year of taking up residence; the right to exchange, however, is not removed and, where necessary for the purpose of applying British legislative provisions as to periods of validity, standards of health and fitness and driving disqualification, exchange of licences is made mandatory;

• a Community licence held by a British resident is valid for the same period as an equivalent British licence unless it would have expired earlier had the holder remained in the state of issue or would otherwise have been invalid in that state (in which case its validity is governed by the law of that state);

• resident Community licence holders are made subject to the same standards of health and fitness and the same regime of medical checks as persons holding British licences;

• resident Community licence holders who hold licences entitling them to drive large goods and passenger-carrying vehicles are made subject to the drivers' conduct regime of Part IV of the Road Traffic Act;

• resident Community licence holders who hold licences entitling them to drive certain classes of goods and passenger-carrying vehicles are required to submit to the Secretary of State details of their driving entitlement and other information within a year of becoming resident; other resident Community licence holders may submit such details if they choose;

• provision is made for the issue to those persons of counterpart licences upon which endorsements are made in respect of penalties imposed for certain road traffic offences, the endorsements providing evidence of previous convictions for the purposes of criminal proceedings in the courts and for the fixed penalty regime of Part III of the Road Traffic Offenders Act;

• provision is made, by amendment of the Road Traffic Act and by modification of the Secretary of State’s regulation-making powers under that Act for—

  1. (i)

     the recategorisation of vehicles for licensing purposes, and

  2. (ii)

     changes in the minimum age limit for driving motor cycles;

• the right to the issue of a British driving licence is restricted to persons normally resident in Great Britain or, in some cases, in the United Kingdom;

• the benefit of certain statutory provisions, such as the right to be licensed to drive a taxi or a private hire vehicle or to drive small buses for charitable and similar purposes is extended to holders of Community licences who are authorised to drive motor cars.