OpenLegislation

Paragraph 2

Original text. Later amendments are not shown.

(1)

Article 9 (requirements as to physical fitness of drivers)f1 shall be amended in accordance with sub-paragraphs (2) and (3).

(2)

In paragraph (5), for sub-paragraphs (a) and (b), there shall be substituted–

“(a)

if he drives any vehicle,

(b)

if he drives a vehicle other than a vehicle of a particular class, or

(c)

if he drives a vehicle except in accordance with particular conditions,”the Department must serve notice in writing to that effect on that person and must include in the notice a description of the disability..

(3)

For paragraphs (7) and (8) there shall be substituted–

“(7)

Where a notice is served in pursuance of paragraph (5)(b), the Department may–

(a)

if the person on whom the notice is served is an applicant for a licence, grant him a licence limited to vehicles of the particular class specified in the notice or

(b)

if he held a licence which is revoked by the Department and he complies with paragraph (7B), grant him a licence limited to vehicles of that class,

and, if the Department so directs in the notice, his entitlement to drive other classes of vehicle by virtue of Article 14(2) shall be limited as specified in the notice.

(7A)

Where notice is served in pursuance of paragraph (5)(c), the Department may–

(a)

if the person on whom the notice is served is an applicant for a licence, grant him a licence authorising him to drive vehicles subject to the particular conditions specified in the notice, or

(b)

if he held a licence which is revoked by the Department and he complies with paragraph (7B), grant him a licence authorising him to drive vehicles subject to those conditions,

and, if the Department so directs in the notice, any entitlement which the person has to drive vehicles by virtue of Article 14(2) shall be subject to conditions as specified in the notice.

(7B)

A person complies with this paragraph if–

(a)

he surrenders the existing licence and its counterpart, and

(b)

where the Department so requires, he provides evidence of his name, address, sex and date and place of birth and a photograph which is a current likeness of him.

(8)

If it considers it appropriate to do so, the Department may, after serving a notice under any of the sub-paragraphs of paragraph (5), serve a further notice under that sub-paragraph or a notice under another of those sub-paragraphs; and on its serving the later notice the notice previously served shall cease to have effect and any licence previously granted in accordance with it shall be revoked by the later notice.”.

Annotations

Footnotes

f1

Article 9 was amended by S.R. 1996 No. 426, Schedule 1, paragraph 3

Notes on Schedule

Footnotes

f1

Articles 4 to 19E were substituted by Schedule 1 to S.I. 1991/197 (N.I. 3); relevant amendments were made by Article 7 of S.I. 1991/197 (N.I. 3), Article 92 of S.I. 1995/2994 (N.I. 18) and S.R. 1996 No. 426, Schedule 1; Articles 70 to 79 were substituted by Schedule 3 to S.I. 1991/197 (N.I. 3)