Regulation 3 Persons to whom these Regulations apply
United Kingdom
These Regulations apply to any person who drives a relevant vehicle, other than a vehicle to which paragraph (2) applies, on a road and is —
a national of the United Kingdom;
a national of a third country employed or used by an undertaking established in the United Kingdom;
a national of a member State; or
a national of a third country employed or used by an undertaking established in a member State.
This paragraph applies to a vehicle—
which is being used by, or is under the control of any of the following —
the armed forces;
a police force;
a fire and rescue authority; F3...
an NHS ambulance service;
when the vehicle is being used as a consequence of a task assigned to an authority, force or service specified in this sub-paragraph;
which—
is undergoing road tests for technical development, repair or maintenance purposes;
is being used for the purpose of submitting it (by previous arrangement for a specified time on a specified date) for a relevant test, or of bringing it away from such a test; or
is a new or rebuilt vehicle which has not yet been put into service;
which is being used in a state of emergency or is assigned to a rescue mission F7, including the non-commercial transport of humanitarian aid;
which is being used in the course of a driving lesson, a driving test, or additional driving training during work-based learning, for the purpose of enabling that person to obtain a driving licence F9, a CPC or a national periodic CPC, provided—
it is not also being used for the commercial carriage of goods or passengers; and
in the case of additional driving training during work-based learning, the driver is accompanied by a person who is a qualified driver of that vehicle for the purposes of regulation 16 of the Motor Vehicles (Driving Licences) Regulations 1999 or, in Northern Ireland, regulation 12 of the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996;
which is being used for the non-commercial carriage of passengers or goods F10...;
to which sub-paragraphs (a) to (g) do not apply, but which satisfies all of the conditions in paragraph (3) F13or (3A) .
The conditions referred to in paragraph (2)(h) are that—
the vehicle is being driven by a person whose principal activity in the course of his work is not driving relevant vehicles;
the vehicle is being driven within a F15100 kilometre radius of the driver’s base;
the driver is the only person being carried on the vehicle;
in so far as the vehicle may be carrying goods or burden, the goods or burden must only be equipment, including machinery, that is permanently fixed to the vehicle.
The conditions referred to in paragraph (2)(h) are that the vehicle is being—
used by an agricultural, horticultural, forestry, farming or fishery undertaking;
used only for carrying goods in the course of that undertaking’s business;
driven by a person whose principal activity in the course of their work is not driving relevant vehicles.
In this regulation—
“driver’s base” means the address at which the driver came on duty immediately following the last period during which he was off-duty for not less than nine hours;
“relevant test” means an inspection or test for the purposes of technical development, repair or maintenance carried out—
- (a)
in Great Britain, by a vehicle examiner; or
- (b)
in Northern Ireland, at a vehicle testing centre provided or maintained by the F17Department for Infrastructure for Northern Ireland under Article 73 of the Road Traffic (Northern Ireland) Order 1995.
- (a)
Annotations
Textual amendments
- F1
Reg. 3(1)(za)(zb) inserted (31.12.2020) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1004), regs. 1, 4; 2020 c. 1, Sch. 5 para. 1(1)
- F2
Word in reg. 3(2)(b)(iii) omitted (25.1.2016) by virtue of The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2015 (S.I. 2015/2024), regs. 1, 4(2)(a)
- F3
Word in reg. 3(2)(b)(iv) omitted (22.7.2020) by virtue of The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 (S.I. 2020/662), regs. 1, 2(4)(a)(i)
- F4
Reg. 3(2)(b)(v) inserted (25.1.2016) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2015 (S.I. 2015/2024), regs. 1, 4(2)(c)
- F5
Reg. 3(2)(b)(vi) and word inserted (22.7.2020) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 (S.I. 2020/662), regs. 1, 2(4)(a)(ii)
- F6
Reg. 3(2)(c) substituted (13.11.2013) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2013 (S.I. 2013/2667), regs. 1, 2(2)
- F7
Words in reg. 3(2)(d) inserted (22.7.2020) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 (S.I. 2020/662), regs. 1, 2(4)(b)
- F8
Reg. 3(2)(e) substituted (22.7.2020) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 (S.I. 2020/662), regs. 1, 2(4)(c)
- F9
Words in reg. 3(2)(e) substituted (3.12.2024 except in so far as it relates to national return to driving courses, 1.2.2025 in so far as not already in force) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2024 (S.I. 2024/1160), regs. 1(2)(3), 4(a) (with reg. 26)
- F10
Words in reg. 3(2)(f) omitted (22.7.2020) by virtue of The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 (S.I. 2020/662), regs. 1, 2(4)(d)
- F11
Words in reg. 3(2)(g) inserted (22.7.2020) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 (S.I. 2020/662), regs. 1, 2(4)(e)
- F12
Reg. 3(2)(h) inserted (13.11.2013) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2013 (S.I. 2013/2667), regs. 1, 2(3)
- F13
Words in reg. 3(2)(h) inserted (22.7.2020) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 (S.I. 2020/662), regs. 1, 2(4)(f)
- F14
Reg. 3(3)(4) added (13.11.2013) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2013 (S.I. 2013/2667), regs. 1, 2(4)
- F15
Word in reg. 3(3)(b) substituted (25.1.2016) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2015 (S.I. 2015/2024), regs. 1, 4(3)
- F16
Reg. 3(3A) inserted (22.7.2020) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 (S.I. 2020/662), regs. 1, 2(4)(g)
- F17
Words in reg. 3(4) substituted (3.12.2024 except in so far as it relates to national return to driving courses, 1.2.2025 in so far as not already in force) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2024 (S.I. 2024/1160), regs. 1(2)(3), 4(b) (with reg. 26)
Marginal citations
- M1
- M2
S.R. 1989 No. 203.
- M3