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Regulation 80 Persons who become resident in Great Britain

England, Wales and Scotland

(1)

A person who becomes resident in Great Britain who is—

(a)

the holder of a relevant permit, and

(b)

not disqualified for holding or obtaining a licence in Great Britain

shall, during the period of one year after he becomes so resident, be treated for the purposes of section 87 of the Traffic Act as the holder of a licence authorising him to drive all classes of small vehicle, motor bicycle or moped which he is authorised to drive by that permit.

(2)

A person who becomes resident in Great Britain who is—

(a)

the holder of a British external licence granted in the F1Isle of Man, Jersey or Guernsey authorising the driving of F2large and medium-sized goods vehicles of any class, and

(b)

not disqualified for holding or obtaining a licence in Great Britain

shall, during the period of one year after he becomes so resident, be treated for the purposes of section 87 of the Traffic Act as the holder of a licence authorising him to drive large and medium-sized goods vehicles of all classes which he is authorised to drive by that licence.

(3)

A person who becomes resident in Great Britain who is—

(a)

the holder of a British external licence granted in the F3Isle of Man, Jersey or Guernsey authorising the driving of passenger-carrying vehicles of any class, and

(b)

not disqualified for holding or obtaining a licence in Great Britain

shall, during the period of one year after he becomes so resident, be treated for the purposes of section 87 of the Traffic Act as the holder of a licence authorising him to drive passenger-carrying vehicles of all classes which he is authorised to drive by that licence.

(4)

The enactments mentioned in paragraph (5) shall apply in relation to—

(a)

holders of relevant permits and holders of British external licences of the classes mentioned in paragraphs (2) and (3), or

(b)

(as the case may be) those licences and permits,

with the modifications contained in paragraph (5).

(5)

The modifications referred to in paragraph (4) are that—

(a)

section 7 of the Offenders Act F4 shall apply as if—

(i)

the references to a licence were references to a relevant permit or a British external licence, and

(ii)

the words after paragraph (c) thereof were omitted;

(b)

section 27(1) and (3) of the Offenders Act F5 shall apply as if—

(i)

the references to a licence were references to a relevant permit or a British external licence,

F6(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)

in subsection (3) the words “, unless he satisfies the Court that he has applied for a new licence and has not received it" were omitted;

F7(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

section 47 of the Offenders Act shall apply as if for subsection (2) F8 there were substituted—

“(2)

Where a court orders the holder of a relevant permit or a British external licence to be disqualified it must send the permit or the licence, on its being produced to the court, to the Secretary of State who shall keep it until the disqualification has expired or been removed or the person entitled to it leaves Great Britain and in any case has made a demand in writing for its return to him.

“Relevant permit" has the meaning given by regulation 80 of the Motor Vehicles (Driving Licences) Regulations 1999.”;

(e)

section 164(1), (6) and (8) of the Traffic Act F9 shall apply as if the references therein to a licence were references to a relevant permit or a British external licence F10...; and

(f)

section 173 of the Traffic Act F11 shall apply as if after paragraph (aa) there were added—

“(ab)

a relevant permit (within the meaning of regulation 80 of the Motor Vehicles (Driving Licences) Regulations 1999,

(ac)

a British external licence,”.

(6)

In this regulation “relevant permit" means—

(i)

a “domestic driving permit",

(ii)

a “Convention driving permit", or

(iii)

a “British Forces (BFG) driving licence",

within the meaning of article 2(7)—of the Motor Vehicles (International Circulation) Order 1975 F12 which is—

(a)

for the time being valid for the purposes for which it was issued, and

(b)

is not a domestic driving permit or a British Forces (BFG) driving licence in respect of which any order made, or having effect as if made, by the Secretary of State is for the time being in force under article 2(6) of that Order.

Annotations

Textual amendments

F1

Words in reg. 80(2) substituted (21.2.2003) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 (S.I. 2003/166), regs. 1(1), 7(a)(i)

F2

Words in reg. 80(2) substituted (21.2.2003) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 (S.I. 2003/166), regs. 1(1), 7(a)(ii)

F3

Words in reg. 80(3)(a) substituted (21.2.2003) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 (S.I. 2003/166), regs. 1(1), 7(b)

F4

The relevant amendment is by the 1991 Act, Schedule 4, paragraph 83.

F5

The relevant amendments are by the 1990 Regulations and the 1991 Act, Schedule 4, paragraph 91.

F6

Reg. 80(5)(b)(ii) omitted (8.6.2015) by virtue of The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 11(f)(i)

F7

Reg. 80(5)(c) omitted (8.6.2015) by virtue of The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 11(f)(ii)

F8

Section 47(2) was amended by the 1990 Regulations and the 1991 Act, Schedule 4, paragraph 100.

F9

The relevant amendments are by the 1990 Regulations and the 1991 Act, Schedule 4, paragraph 68, and Schedule 8.

F10

Words in reg. 80(5)(e) omitted (8.6.2015) by virtue of The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 11(f)(iii)

F11

The relevant amendment is by the 1996 Regulations.

F12

S.I. 1975/1208.

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.