OpenLegislation

Regulation 11 Eligibility to apply for provisional licence

(1)

Subject to the following provisions of this regulation, an applicant for a provisional licence authorising the driving of motor vehicles of a class included in a category or sub-category specified in column (1) of the table at the end of this regulation must hold a relevant full licence authorising the driving of motor vehicles of a class included in the category or sub-category specified in column (2) of the table in relation to the first category.

(2)

Paragraph (1) shall not apply in the case of an applicant who is a full-time member of the armed forces of the Crown.

(3)

For the purposes of paragraph (1), a licence authorising the driving only of vehicles in sub-categories D1 (not for hire or reward), D1+E (not for hire or reward) and C1+E (8.25 tonnes) shall not be treated as a licence authorising the driving of motor vehicles of a class included in sub-categories D1, D1+E and C1+E.

(4)

In this regulation, “relevant full licence" means a full licence granted under Part III of the Traffic Act, a full Northern Ireland licence, a full British external licence (other than a licence which is to be disregarded for the purposes of section 89(1)(d) of the Traffic Act by virtue of section 89(2)(c) of that Act F1), a full British Forces licence, an exchangeable licence or a Community licence.

TABLE

(1)(2)
Category or sub-category of licence applied forCategory/sub-category of full licence required
F2. . .. . .
CB
C1B
DB
D1B
C1+E F3B
C+E F4B
D1+E F5B
D+E F6B
GB
HB

Annotations

Textual amendments

F1

Subsection (2)(c) was substituted by the 1989 Act, section 4(3). For designations made under that provision see S.I. 1996/3206.

F2

Words in reg. 11 table omitted (16.12.2021) by virtue of The Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/1450), regs. 1(2), 4

F3

Word in reg. 11 table substituted (15.11.2021) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/1251), regs. 1(2), 3(a) (with reg. 9)

F4

Word in reg. 11 table substituted (15.11.2021) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/1251), regs. 1(2), 3(b) (with reg. 9)

F5

Word in reg. 11 table substituted (15.11.2021) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/1251), regs. 1(2), 3(c) (with reg. 9)

F6

Word in reg. 11 table substituted (15.11.2021) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/1251), regs. 1(2), 3(d) (with reg. 9)

Notes on the whole SI

Textual amendments

F1

1988 c. 52. Relevant amendments are referred to where appropriate below. Amending statutes and instruments are referred to in the footnotes to these Regulations in the following manner: “the 1989 Act" means the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22); “the 1990 Regulations" means the Driving Licences (Community Driving Licence) Regulations 1990 (S.I. 1990/144), “the 1991 Act" means the Road Traffic Act 1991 (c. 40), “the 1996 Regulations" means the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974) and “the 1998 Regulations" means the Driving Licences (Community Driving Licence) Regulations 1998 (S.I. 1998/1420).

F2

Subsection (6) was amended by the 1990 Regulations.

F3

Subsection (1A) was inserted by the 1996 Regulations, subsections (2A) and (5A) were inserted by the 1989 Act, section 6; subsection (3) was amended by the 1991 Act, Schedule 4, paragraph 63; subsection (4) was amended by the 1989 Act, Schedule 3, paragraph 8 and by the 1996 Regulations; subsection (7) was amended and subsections (9) and (10) were substituted by the 1989 Act, Schedule 3, paragraph 8 and subsections (7), (9) and (10) were amended by the 1996 Regulations. Subsection (4)(b) is to be read with the Department of Transport (Fees) Order 1988 (S.I. 1988/643), as amended by S.I. 1991/811, 1993/1601, 1995/1684 and 1996/1929, the relevant entries being items 5, 5A and 6 in Schedule 1, Table III.

F4

Section 89A was inserted by the 1989 Act, section 4(4).

F5

Subsection (2) was amended by the 1996 Regulations.

F6

Subsections (4) and (5) were amended by the 1989 Act, section 5(7) and (8).

F7

Subsections (1) and (3) were amended by the 1989 Act, section 6(2) and Schedule 6 and by the 1996 and 1998 Regulations, subsection (1A) was inserted by the 1998 Regulations; subsections (3A) and (3B) were inserted by the 1989 Act, section 6(2) and subsection (3A) was amended by the 1996 and 1998 Regulations; subsection (4) was amended by the 1996 and 1998 Regulations; subsection (4) was amended by the 1998 Regulations.

F8

Subsections (2) and (4) were amended by the 1989 Act, Schedule 3, paragraph 11. Subsection (2) was amended by the 1990 Regulations.

F9

Subsection (1) was amended by Schedule 3, paragraph 12, of the 1989 Act; subsection (1A) was inserted by section 2(2) of that Act.

F10

Section 99A was inserted by the 1996 Regulations; subsection (4) was amended by the 1998 Regulations.

F11

Subsection (2) was amended by the 1989 Act, Schedule 3, paragraph 14 and by the 1990, 1996 and 1998 Regulations; subsection (4) was amended by the 1996 Regulations.

F12

See the definitions of “prescribed" and “regulations".

F13

Sections 114, 115, 116 and 117 to 122 (Part IV of the Act) were substituted by the 1989 Act, section 2(1) and Schedule 2, Section 114(1) was amended by the 1996 Regulations.

F14

Subsection (3) was amended by the 1991 Act, Schedule 4, paragraph 64 and the 1996 Regulations.

F15

Section 115A was inserted by the 1996 Regulations.

F16

Subsection (2A) was inserted by the 1991 Act, Schedule 4, paragraph 65.

F17

See the definition of “prescribed".

F18

Amended by the 1990 Regulations.

F19

Amended by the 1991 Act, Schedule 4, paragraph 68.

F20

Inserted by the 1989 Act, Schedule 3, paragraph 23.

F21

See the definition of “prescribed".

F22

See section 105(4) of the Road Traffic Act 1988.