The Driving Licences (Community Driving Licence) Regulations 1990

Regulation 2(3)

SCHEDULE 3AMENDMENTS TO THE ROAD TRAFFIC (DRIVER LICENSING AND INFORMATION SYSTEMS) ACT 1989

1.  In section 5 (refusal or revocation of licences on grounds of physical unfitness)–

(a)in subsection (4), in the new subsection (7C) to be inserted in section 92 of the Road Traffic Act 1988, after the words “the licence” there shall be inserted the words “and its counterpart”; and

(b)in subsection (10)(b), in the new subsection (4A) to be inserted in section 98 of the Road Traffic Act 1988, for the words “A licence shall not by virtue of subsection (2) above” there shall be substituted the words “Subsection (2) above does not”.

2.—(1) The following amendments shall be made in Schedule 2 (provisions to be inserted as a new Part IV in the Road Traffic Act 1988).

(2) In the inserted section 118 (surrender of revoked or suspended licences)–

(a)in subsection (1), after the words “the licence” in the second place where they occur there shall be inserted the words “and its counterpart”;

(b)in subsection (2)(a), after the words “the licence” in the second place where they occur there shall be inserted the words “and its counterpart”;

(c)in subsection (2)(b)–

(i)for the words “licence has” there shall be substituted the words “licence and its counterpart have”, and

(ii)for the words “the licence” in the third place where they occur there shall be substituted the word “them”;

(d)in subsection (4), after the word “licence” in the first place where it occurs there shall be inserted the words “and its counterpart”; and

(e)for subsection (5) there shall be substituted the following subsection–

“(5) On the delivery of a suspended licence and its counterpart to a traffic commissioner, the traffic commissioner must endorse the counterpart of the licence with particulars of the suspension and return the licence and its counterpart to the holder.”.

(3) In the inserted section 121 (interpretation), there shall be inserted at the appropriate place in alphabetical order the following definition–

• ““counterpart”, in relation to a licence to drive under Part III of this Act, has the same meaning as in that Part;”.

(4) In the inserted section 122(3) (surrender of revoked Northern Ireland licence)–

(a)for the word “is” there shall be substituted the words “and its counterpart are”; and

(b)for the word “it” there shall be substituted the word “them”.

3.—(1) The following amendments shall be made in Schedule 3 (minor, consequential and further amendments).

(2) In paragraph 2 (amendments to Public Passenger Vehicles Act 1981(1))–

(a)for sub-paragraph (b) there shall be substituted the following sub-paragraph–

“(b)in subsection (2)–

(i)after the words “endorsed upon” there shall be inserted the words “the counterpart of”, and

(ii)for the words “section 22 of this Act” there shall be substituted the words “Part III of the Road Traffic Act 1988”;”; and

(b)there shall be inserted after sub-paragraph (b) the following sub-paragraph–

“(bb)in subsection (3)–

(i)after the words “custody of the licence” there shall be inserted the words “and its counterpart”, and

(ii)for the words “the licence” in the second place where they occur there shall be substituted the word “them”; and”.

(3) Paragraph 11(a), and paragraph 25(b) and the word “and” preceding it shall be omitted.

(4) In paragraph 27(d), after the words “surrender it” there shall be inserted the words “and its counterpart”.

(5) In paragraph 28–

(a)in sub-paragraph (a)–

(i)in the entry for section 92(7C) of the Road Traffic Act 1988 (“RTA”), in column 2, after the words “section 92(7A)” there shall be inserted the words “and counter part”, and

(ii)in the entry for section 93(3) of the Road Traffic Act 1988 (“RTA”), in column 2, after the word “licence” there shall be inserted the words “and counterpart”;

(b)in sub-paragraph (b)(ii), after the words “surrender it” there shall be inserted the words “and its counterpart”; and

(c)in paragraph (c), in the entry for section 118 of the Road Traffic Act 1988 (“RTA”), in column 2, after the word “licence” there shall be inserted the words “and counterpart”.

(6) In paragraph 30(a), after the words “surrender it” there shall be inserted the words “and its counterpart”.