Regulation 69 Exemptions from Part V

England, Wales and Scotland

F1(1)

Subject to paragraph (2), section 98(3)(c) of the Traffic Act shall not apply to a person who—

(a)

passed a test in respect of a vehicle in former category P after 30th November 1990 and before 19th January 2013, or

(b)

passes the test for the time being prescribed in respect of category AM,

and such a person shall be exempt from the requirement imposed by section 89(2A) of that Act.

(2)

Paragraph (1) shall cease to apply to a person if he is disqualified by order of a court under section 36 of the Offenders Act.

F2(2A)

Subject to paragraph (2C), section 89(2A) of the Traffic Act shall not apply to a person who is for the time being the holder of a full licence for a class of vehicle included in category A in respect of a test of competence to drive a vehicle of any other class included in that category.

(2B)

Subject to paragraph (2C), a person who is for the time being the holder of a full licence for a class of vehicle included in F3category AM or A shall be exempt from the restriction imposed by section 97(3)(e) on his driving a vehicle of any class included in category AM or A.

(2C)

The exemptions conferred by paragraphs (2A) and (2B) shall not apply in relation to the holder of a full licence authorising him only to drive a vehicle included in category A having automatic transmission in respect of—

(a)

a test of competence to drive a vehicle having manual transmission; or

(b)

his driving a vehicle having manual transmission.

(3)

A provisional licence or provisional entitlement holder who is resident on an exempted island shall be exempt from the requirement imposed by section 89(2A) of the Traffic Act in respect of a test of competence to drive a motor bicycle of any class taken, or to be taken, on an island, whether or not that island is an exempted island.

(4)

A provisional licence holder who is resident on an exempted island shall be exempt from the restriction imposed by section 97(3)(e) of the Traffic Act if he satisfies either of the conditions set out in paragraph (6).

(5)

Section 98(3)(c) of the Traffic Act shall not apply to a provisional entitlement holder who is resident on an exempted island if he satisfies either of the conditions set in paragraph (6).

(6)

The conditions referred to in paragraphs (4) and (5) are that he is—

(a)

driving on an exempted island, whether or not he is also resident on that island; or

(b)

driving on an island which is not an exempted island for the purpose of—

(i)

undertaking, or travelling to or from, an approved training course,

(ii)

undergoing, or travelling to or from a place where he is to take or where he has taken, a test of competence prescribed in respect of category F4AM or A.

(7)

In this regulation—

“exempted island" means any island in Great Britain other than—
1. (a)
  the Isle of Wight, the island which comprises Lewis and Harris, the island which comprises North Uist, Benbecula and South Uist, Mainland Orkney and Mainland Shetland, and
2. (b)
  any other island from which motor vehicles not constructed or adapted for special purposes can at some time be conveniently driven to a road in any other part of Great Britain because of the presence of a bridge, tunnel, ford or other way suitable for the passage of such motor vehicles;
“provisional licence holder" means a person who holds a provisional licence which, subject to section 97(3) of the Traffic Act, authorises the driving of motor bicycles of any class; and
“provisional entitlement holder" means a person who holds a full licence which is treated, by virtue of section 98 of the Traffic Act and regulation 19, as authorising him to drive motor bicycles of any class as if he held a provisional licence therefor.

Annotations

Textual amendments

F1: Reg. 69(1) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 41(a)
F2: Reg. 69(2A)-(2C) inserted (1.2.2001) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I. 2001/53), regs. 1, 11
F3: Words in reg. 69(2B) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 41(b)
F4: Words in reg. 69(6)(b)(ii) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 41(c)

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.