The Motor Vehicles (Driving Licences) Regulations 1999

Meaning of “qualified driver"E+W+S

17.—(1) Subject to [F1paragraphs (2) and (2A)], a person is a qualified driver for the purposes of regulation 16 if he—

(a)is 21 years of age or over,

(b)holds a relevant licence,

(c)has the relevant driving experience, and

(d)in the case of a disabled driver, he is supervising a provisional licence holder who is driving a vehicle of a class included in [F2categories B, C, D, C+E, or D+E] and would in an emergency be able to take control of the steering and braking functions of the vehicle in which he is a passenger.

(2) In the case of a person who is a member of the armed forces of the Crown acting in the course of his duties for naval, military or air force purposes sub-paragraphs (a) and (c) of paragraph (1) shall not apply.

[F3(2A) For the purposes of supervising the holder of a provisional licence driving a vehicle of a class included in sub-category C1, C1+E, D1 or D1+E (“the learner vehicle”) which the holder is authorised to drive by that licence, a person is not a qualified driver unless that person has, in addition to meeting the requirements specified in paragraph (1), passed a test in which the vehicle used in the practical test fell within the same sub-category as that of the learner vehicle [F4, or such a person gained their entitlement to drive vehicles included in such sub-categories on or after 15th November 2021].]

(3) For the purposes of this regulation—

(a)“disabled driver" means a person who holds a relevant licence which is limited by virtue of a declaration made with his application for the licence or a notice served under section 92(5)(b) of the Traffic Act to vehicles of a particular class;

(b)“full licence" includes a full Northern Ireland licence and a Community licence;

[F5(c)“relevant licence” means, subject to sub-paragraph (d), a full licence authorising—

(i)the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder, and

(ii)where sub-paragraph (f) applies—

(aa)where that class of vehicle is included within any sub-category specified in column 1 of the table at the end of this regulation, the driving of vehicles in the sub-category specified in column 2 which is opposite that sub-category, or

(bb)where sub-paragraph (aa) does not apply, the driving of vehicles in the category specified in column 2 of that table which is opposite the category specified in column 1 that includes the class of vehicle being driven by the provisional licence holder;

(d)in the case of a disabled driver who holds a licence authorising the driving of vehicles in category B, a relevant licence must authorise the driving of [F6a quadricycle or vehicles in sub-category B1 (invalid carriages)];

(e)F7... a person has relevant driving experience if—

(i)where sub-paragraph (c)(i) only applies, he has held the relevant licence for a period of 3 years, or

(ii)where sub-paragraph (c)(ii) applies, he has held the relevant licence authorising the driving of vehicles—

(aa)of the same class as the vehicle being driven by the provisional licence holder for a minimum period of 1 year, and

(bb)in the category or sub-category specified in column 2 described in sub-paragraph (c)(ii) for a minimum period of 3 years;

F8(ea). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)this sub-paragraph applies where—

(i)a person holds a full licence authorising the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder;

(ii)that class is included in a category or sub-category specified in column 1 of the table at the end of this regulation, and

(iii)that person has held that licence for less than a minimum period of 3 years;

(g)for the purposes of sub-paragraphs (e) and (f), the minimum period of time for holding a full licence may be met either by holding that licence continuously for that period or for periods amounting in aggregate to not less than that period.