Regulation 76 Effect of change in classification of vehicles for licensing purposes

England, Wales and Scotland

(1)

In a licence (whether full or provisional) granted before 1st January 1997, a reference to motor vehicles in an F1older category shall be construed as a reference to motor vehicles in the new category corresponding thereto and a reference to motor vehicles of a class included in an older category shall be construed as a reference to vehicles of the corresponding class included in the new category.

(2)

Where a licence granted before 1st January 1997 authorises only the driving of a class of motor vehicles included in an older category having automatic transmission, it shall authorise the driving of the corresponding class of vehicles in the new category having automatic transmission.

F2(2A)

Subject to paragraphs (3C) to (3E), in a licence (whether full or provisional) granted before 19th January 2013, a reference to motor vehicles in an old category shall be construed as a reference to motor vehicles in the new category corresponding thereto and a reference to motor vehicles of a class included in an old category shall be construed as a reference to vehicles of the corresponding class included in the new category.

(3)

For the purposes of paragraphs (1) and (2), a reference in a licence to motor vehicles in an F3older category (or a class included in that category) includes a reference in a licence granted before 1st June 1990 to a group or class of motor vehicles which is, by virtue of any enactment, to be construed as a reference to vehicles in the older category (or a class included in that category).

F4(3C)

Where a licence (whether full or provisional) granted before 19th January 2013 authorises the driving of—

(a)

standard motor bicycles only, or

(b)

standard motor bicycles and side-car combinations only,

any reference in that licence to motor vehicles in category A (save for those in sub-category A1) shall be construed in accordance with paragraph (3D).

(3D)

A reference in a licence of the type referred to in paragraph (3C) granted before 19th January 2013 to motor vehicles in category A shall be construed as a reference—

(a)

where the standard access period has not expired, to motor vehicles in sub-category A2; and

(b)

where that period has expired, to motor vehicles in category A.

(3E)

Paragraph (2A) shall not apply to a reference to vehicles in sub-category D1 in a licence granted before 1st January 1997.

(3F)

Where a licence granted before 19th January 2013 authorises only the driving of a class of motor vehicles included in an old category having automatic transmission, it shall not under this regulation authorise the driving of any vehicle not having automatic transmission.

(4)

In this regulation—

“old category" and “class included in an old category" mean respectively a category and a class of vehicles specified in F5column (2) of the table at the end of this regulation,
F6“older category” and “class included in an older category”, mean respectively a category and a class of vehicles specified in column (1) of the table at the end of this regulation,
F7“new category” and “class included in a new category”—
1. (a)
  in relation to an old category, means respectively the category (or, as the case may be, the sub-category) and the class of vehicles specified in column (3) of the table as corresponding to the relevant old category or class included in that old category; and
2. (b)
  in relation to an older category, means respectively the category (or, as the case may be, the sub-category) and the class of vehicles specified in column (3) of the table as corresponding to the relevant older category or class included in that older category,

“section 19 permit" means a permit granted under section 19 of the 1985 Act.

TABLE

F8(1) Older category or class	(2) Old category or class	(3) Corresponding new category or class
	A (excluding A1)	A
	A1	A1
	B1	Motor tricycles in categories AM and A and light quadricycles in category AM
B1, limited to invalid carriages		B1 (invalid carriages)
	B	B
B plus E		B + E
	B+E	B + E
	C1	C1
C1 plus E		C1 + E (8.25 tonnes)
	C	C
C plus E		C+E
C plus E, limited to drawbar trailer combinations only		Vehicles in category C+E which are drawbar trailer combinations
D1		D1 (not for hire or reward)
	D1	D1
D1 plus E		D1 + E (not for hire or reward)
	D1 + E	D1 + E
D, limited to 16 seats		D1
D, limited to vehicles not more than 5.5 metres in length		D1 and vehicles in category D not more than 5.5 metres in length
D, limited to vehicles not driven for hire or reward		Vehicles in category D which are either driven while being used in accordance with a section 19 permit or, if not being so used, driven otherwise than for hire or reward
	D	D
D plus E		D + E
	F	F
	G	G
	H	H
	K	K
	L	L
	P	Q and AM

Annotations

Textual amendments

F1: Word in reg. 76(1)(2) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 43(a)
F2: Reg. 76(2A) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 43(b)
F3: Word in reg. 76(3) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 43(c)
F4: Reg. 76(3C)-(3F) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 43(d)
F5: Words in reg. 76(4) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 43(e)(i)
F6: Words in reg. 76(4) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 43(e)(ii)
F7: Words in reg. 76(4) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 43(e)(iii)
F8: Reg. 76(4) Table substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 43(f)

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.