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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations implement parts of Annex II of Commission Directive 2012/36/EU of the European Commission of 19 November 2012 on driving licences and Commission Directive 2013/47/EU of the European Commission of 2 October 2013. The parts of Annex II implemented are paragraphs (1), (3) point 5.1.3 only, (4) and (6). These Regulations also implement or make amendments to the implementation of Articles 4(4), 6(3), 13(2) and Annex III, point 6.2 of Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences.

Regulation 3 makes provision for a person who is competent to drive a category B vehicle (car) and is at least 21 years of age to be competent to drive an A3 motor tricycle (large tricycle).

Regulation 4 corrects a typographical error arising from transposition of Directive 2006/126/EC.

Regulation 5 is concerned with changing the specification requirements for vehicles used for practical driving tests. The specifications in relation to the power rating, power to weight ratio, speed and cylinder capacity of category A (motorbikes) is changed for each size of motorbike (sub-categories A1 small, A2 medium and A3 large) and specifications for motorcycles powered by electric motor are introduced. In relation to sub-category A3 motorcycles, the changes are introduced in two phases so that the requirement for an engine with a minimum power of 50kW and an unladen mass of not more that 175kg is not required until the 31st December 2018. However, other changes will take immediate effect. Consequential amendments are made in relation to applicants who need to use a motorcycle with sidecar or a motor tricycle on account of disability. The requirement to provide a vehicle with eight forward ratios for a category C (large goods vehicles, e.g. lorries) or C+E (large goods vehicles and trailer) is replaced by the requirement for a vehicle which is capable of manual transmission.

Regulation 7 clarifies the adaptation standard that applies to a person having diplopia or sight in only one eye so that the standard is not limited to the period since a person has developed the condition.

Regulation 8 amends the description of vehicles in categories B, D (bus) and D1 (minibus) for the purpose of licensing.

Regulation 10 introduces skills and behaviour requirements in relation to safe and energy efficient driving for practical and unitary tests for category C, C+E, D and D+E (buses and lorries with and without trailers).

Regulation 11 introduces the table in the Schedule which sets out new upgraded licence entitlements for category C, C+E, D and D+E automatic licence holders who also have a licence entitlement in one of the manual categories set out. Regulation 6 makes a consequential amendment as a result of the changes to the number of manual vehicle categories listed in the table.

An Explanatory Memorandum has been prepared and is available alongside the instrument at www.legislation.gov.uk. A transposition note setting out how the Amending Directive is transposed into law in Great Britain is attached to the Explanatory Memorandum.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from www.gov.uk. The impact assessment is also available alongside the instrument at www.legislation.gov.uk.