Section 105 Regulations.C1

England, Wales and Scotland

(1)

The Secretary of State may make regulations for any purpose for which regulations may be made under the provisions of this Part of this Act and the relevant provisions of the Road Traffic Offenders Act 1988 and for prescribing anything which may be prescribed under any of those provisions, and otherwise for the purpose of carrying any of those provisions into effect.

(2)

In particular, but without prejudice to the generality of subsection (1) above, the regulations may make provision with respect to—

F1(a)

licences under this Part of this Act, F2Northern Ireland licences, F3and Community licences,

(b)

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

preventing a person holding more than one licence,

(d)

facilitating identification of holders of licences,

(e)

providing for the issue of F5F6. . . licences F7... in the place of licences ... lost or defaced on payment of such fee F8, and compliance with such requirements, as may be prescribed,

F9(ea)

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

F10(ee)

the correspondence F11. . . of one class of motor vehicle with another class of motor vehicle or of one test of competence to drive with another (whatever the law under which the classification is made or the test conducted),

(f)

the effect of a change in the classification of motor vehicles F12. . . on licences then in force or issued or on the right to or the subsequent granting of licences F13or on F14Northern Ireland licences or Community licences then in force, and

(g)

enabling a person—

(i)

whose entitlement to the grant of a licence to drive a class of motor vehicle is preserved by regulations made by virtue of paragraph (f) above, and

(ii)

who satisfies such conditions as may be prescribed,

to drive (and be employed in driving) that class of motor vehicle while he applies for the licence to be granted to him,

and different regulations may be made as respects different classes of vehicles or as respects the same class of vehicles in different circumstances.

(3)

The regulations may—

(a)

make different provision for different circumstances,

(b)

provide for exemptions from any provision of the regulations, and

(c)

contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the regulations,

and nothing in the other provisions of this Part of this Act shall be construed as prejudicing the generality of the preceding provisions of this subsection.

(4)

Any fee prescribed under this Part of this Act shall be of an amount approved by the Treasury, and different fees may be prescribed for different circumstances F15and (in particular) in relation to licences in different forms.

(5)

In subsection (1) above “the relevant provisions of the M1Road Traffic Offenders Act 1988” means the following provisions of that Act: sections 2, 7, 8, 23 to 26, 27, 31 F16, 34 F17, 35 to 48F18, 91ZA and 91A .

Annotations

Notes on Part III

Modifications

C1

Pt. III (ss. 87–109) excluded by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), s. 37(3)

C2

Pt. III (ss. 87–109) restricted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(6), Sch. 1 para. 6(5)

Pt. III (ss. 87-109) restricted (1.6.1997) by 1995 c. 13, ss. 4(1), 6, Sch. 1 Pt. III para. 6(1), Pt. IV para. 9(1) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

Pt. III (ss. 87-109) extended (1.6.1997) by 1995 c. 13, s. 5(7) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

Pt. III (ss. 87-109) applied (1.6.1997) by 1995 c. 13, s. 9(1) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

C3

Pt. 3 excluded by 1988 c. 53, s. 37(4) (as added (4.1.2016) by The Road Traffic Offenders Act 1988 and Motor Vehicles (Driving Licences) (Amendment) Regulations 2015 (S.I. 2015/2004), reg. 2(2))

Section 105 Regulations.C1

Annotations

Textual amendments

Marginal citations

Modifications

Notes on Part III

Modifications