Regulation 5 Classes for which licences may be granted

England, Wales and Scotland

(1)

A licence authorising the driving of motor vehicles of a class included in a category or sub-category shown in Part 1 of Schedule 2 may be granted to a person who is entitled thereto by virtue of—

(a)

holding or having held a full licence, a full Northern Ireland licence, full British external licence, full British Forces licence, exchangeable licence or Community licence authorising the driving of vehicles of that class, or

(b)

having passed a test for a licence authorising the driving of motor vehicles of that class or a Northern Ireland or Gibraltar test corresponding to such a test.

(2)

A licence authorising the driving of motor vehicles of a class included in any category or sub-category shown in Part 2 of Schedule 2 may not be granted to a person unless, at a time before 1st January 1997—

(a)

in the case of a person applying for a full licence,—

(i)

he held a full licence authorising the driving of motor vehicles of that class or a class which by virtue of these Regulations corresponds to a class included in that category or sub-category, or

(ii)

he passed a test which at the time it was passed authorised the driving of motor vehicles of such a class or a Northern Ireland test corresponding to such a test;

(b)

in the case of a person applying for a provisional licence, he held a provisional licence authorising the driving of vehicles of that class or a class which by virtue of these Regulations corresponds to a class included in that category or sub-category.

(3)

A licence authorising the driving of motor vehicles included in sub-category B1 (invalid carriages), which are specified in Part 3 of Schedule 2, may not be granted to a person unless, at a time before 12th November 1999—

(a)

in the case of a person applying for a full licence, he held a full licence authorising the driving of motor vehicles included in sub-category B1 (invalid carriages) or a class of motor vehicles which by virtue of these Regulations corresponds to vehicles included in that sub-category, or

(b)

in the case of a person applying for a provisional licence, he held a provisional licence authorising the driving of motor vehicles included in sub-category B1 (invalid carriages) or a class of motor vehicles which by virtue of these Regulations corresponds to vehicles included in that sub-category.

F1(4)

A licence authorising the driving of motor vehicles of a class shown in column (2) of Part 4 of Schedule 2 opposite a former category or former sub-category (as the case may be) shown in column (1) of that part of that Schedule may not be granted to a person unless, before 19th January 2013, that person held a licence authorising the driving of motor vehicles of that class or passed a test for a licence authorising the driving of motor vehicles of that class.

(5)

F2Subject to paragraph (5A), a licence authorising the driving of category Q vehicles may not be granted to a person unless that person is entitled—

(a)

in accordance with paragraph (1), to be granted a full licence authorising the driving of motor vehicles of a class included in category AM, A or B; or

(b)

in accordance with paragraph (4), to be granted a full licence authorising the driving of category P vehicles.

(F35A)

A provisional licence may be granted for a class included in category AM, A or B which includes authorisation to drive an electric scooter being used in a trial.

(6)

A licence authorising the driving of motor vehicles of a class included in category B96, which are specified in Part 6 of Schedule 2, may be granted to a person who is entitled thereto by virtue of holding, or having held, a Community licence authorising the driving of that class.

Annotations

Textual amendments

F1: Reg. 5(4)-(6) added (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 4
F2: Words in reg. 5(5) substituted (4.7.2020) by The Electric Scooter Trials and Traffic Signs (Coronavirus) Regulations and General Directions 2020 (S.I. 2020/663), regs. 1(2), 4(3)(a)
F3: Reg. 5(5A) inserted (4.7.2020) by The Electric Scooter Trials and Traffic Signs (Coronavirus) Regulations and General Directions 2020 (S.I. 2020/663), regs. 1(2), 4(3)(b)

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.