Regulation 71 Disabilities prescribed in respect of Group 1 and 2 licences
The following disabilities are prescribed for the purposes of section 92(2) of the Traffic Act as relevant disabilities in relation to an applicant for, or a person who holds, a Group 1 or Group 2 licence—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
severe mental disorder;
liability to sudden attacks of disabling giddiness or fainting which are caused by any disorder or defect of the heart as a result of which the applicant for the licence or, as the case may be, the holder of the licence has a device implanted in his body, being a device which, by operating on the heart so as to regulate its action, is designed to correct the disorder or defect;
liability to sudden attacks of disabling giddiness or fainting, other than attacks falling within paragraph (1)(c); and
persistent misuse of drugs or alcohol, whether or not such misuse amounts to dependency.
The disability prescribed in paragraph (1)(c) is prescribed for the purpose of section 92(4)(b) of the Traffic Act in relation to an applicant for a Group 1 or Group 2 licence if the applicant suffering from that disability satisfies the Secretary of State that—
the driving of a vehicle by him in pursuance of the licence is not likely to be a source of danger to the public; and
he has made adequate arrangements to receive regular medical supervision by a cardiologist (being a supervision to be continued throughout the period of the licence) and is conforming to those arrangements.
The following disabilities are prescribed for the purposes of paragraphs (a) and (c) of section 92(4) of the Traffic Act namely, any disability consisting solely of any one or more of—
the absence of one or more limbs,
the deformity of one or more limbs, or
the lost of use of one or more limbs, which is not progressive in nature.
In this regulation—
in paragraph (1)(b), the expression “severe mental disorder" includes mental illness, arrested or incomplete development of the mind, psychopathic disorder and severe impairment of intelligence or social functioning;
in paragraph (2)(b), the expression “cardiologist" means a registered medical practitioner who specialises in disorders or defects of the heart and who, in that connection, holds a hospital appointment;
in paragraph (3), references to a limb include references to a part of a limb, and the reference to loss of use, in relation to a limb, includes a reference to a deficiency of limb movement or power.
Annotations
Textual amendments
- F1
Reg. 71(a) omitted (8.3.2013) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2013 (S.I. 2013/258), regs. 1(1), 2(2)
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.