Regulation 4 Conditions to be fulfilled by driver of small bus

(1)

Any person who drives a small bus while it is being used under a permit and who is not the holder of—

(a)

a licence to drive a passenger-carrying vehicle,

(b)

a PCV Community licence, or

(c)

a Northern Ireland licence corresponding to a licence to drive a passenger-carrying vehicle,

which authorises the driving of that vehicle must, if that driver does not fulfil the conditions specified in paragraph (2), fulfil the alternative conditions specified in paragraph (3) and abide by the restrictions set out in paragraph (4).

(2)

The conditions are that the driver—

(a)

was first granted a full licence under Part 3 of the 1988 Act authorising the driving of motor vehicles in category B (excepting a licence which only authorises the driving of vehicles in sub-category B1) before 1st January 1997; and

(b)

is the holder of a valid full licence under that Part of that Act authorising the driving of motor vehicles in category B (excepting a licence which only authorises the driving of vehicles in sub-category B1) and sub-category D1 (not for hire or reward).

(3)

The alternative conditions are that the driver—

(a)

is the holder of—

(i)

a valid full licence granted under Part 3 of the 1988 Act,

(ii)

a valid Northern Ireland licence corresponding to the licence described in sub-paragraph (a)(i), or

(iii)

a valid Community licence,

authorising the driving of motor vehicles in category B (excepting a licence which only authorises the driving of vehicles in sub-category B1);

(b)

has held such a licence for a period of, or periods amounting in aggregate to, not less than 2 years;

(c)

is aged 21 years or over;

(d)

if aged 70 years or over, is not suffering from a relevant disability in respect of which the Secretary of State would have to refuse that person a licence authorising the driving of vehicles of a class included in sub-category D1; and

(e)

receives no payment or other consideration for driving the vehicle other than out-of-pocket expenses.

(4)

The restrictions are that the vehicle—

(a)

must not have a trailer attached;

(b)

must, in a case where the driver’s licence only authorises the driving of vehicles with automatic transmission, be fitted with automatic transmission; and

(c)

must satisfy the weight restrictions specified in section 18(4) of the 1985 Act^f1.

(5)

For the purposes of this regulation—

(a)

“Community licence”^f2 has the meaning given in section 108 of the 1988 Act; and

(b)

“relevant disability”^f3 has the meaning given in section 92 of the 1988 Act.

Annotations

Footnotes

f1: Section 18(4) was inserted by the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974), regulation 4 and Schedule 3, paragraph 1(1) and (3).
f2: This definition was amended by the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974), regulation 2 and Schedule 1, paragraph 19(1) and (2)(b).
f3: The definition of “disability” in section 92 of the 1988 Act, which is relevant to this definition, was amended by the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974), regulation 2 and Schedule 1, paragraph 3(1) and (2).