Road Traffic (Drivers' Ages and Hours of Work) Act 1976

Section 1.

SCHEDULE 2Saving Provisions

Saving for existing regulations about minimum ages for driving

1Notwithstanding the repeal by section 1 of this Act of section 4 of the [1972 c. 20.] Road Traffic Act 1972 (in this Schedule referred to as " the principal Act") any instrument made or having effect as if made under the said section 4 shall have effect (with the appropriate adaptation of references) as if made under subsection (2) of section 96 of the principal Act as substituted by section 1 of this Act and may be varied or revoked accordingly.

Saving in relation to certain motor cars for holders of driving licences and similar persons

2(1)This paragraph applies to a person who immediately before 1st January 1976 fulfilled any of the following conditions, that is to say—

(a)he held a licence (whether full or provisional) authorising him to drive a motor car;

(b)he was entitled to obtain a licence (other than a provisional licence) authorising him to drive a motor car or, having previously held a provisional licence, was entitled to obtain a provisional licence authorising him to drive a motor car or would have been (in either case) so entitled but for a current disqualification imposed by order of a court;

(c)he would have been the holder of a valid licence authorising him to drive a motor car but for a current disqualification imposed by order of a court;

(d)he was treated by virtue of regulations under subsection (5) of section 84 of the principal Act as being the holder of a licence authorising him to drive a motor car for the purposes of subsections (1) and (2) of that section or would have been so treated but for a current disqualification imposed by order of a court.

(2)Subject to sub-paragraph (3) below, a person to whom this paragraph applies shall not, by reason only of the provisions of section 96 of the principal Act as substituted by section 1 of this Act, be disqualified for holding or obtaining a licence authorising him to drive motor vehicles falling within the class described in paragraph 5 or 6 of the Table set out in subsection (1) of the said section 96.

(3)A person shall not be treated, by virtue of sub-paragraph (2) above, as entitled to the grant of a licence authorising him to drive a goods vehicle the permissible maximum weight of which exceeds 10 tonnes or a motor vehicle constructed solely for the carriage of passengers and their effects which is adapted to carry more than 15 passengers inclusive of the driver.

(4)This paragraph shall be construed as if it were contained in Part III of the principal Act but in sub-paragraph (1) " licence " includes a licence to drive motor vehicles granted under Part I of the [1970 c. 2 (N.I.).] Road Traffic Act (Northern Ireland) 1970.

Saving in relation to certain goods vehicles for holders of driving licences and similar persons

3(1)This paragraph applies to—

(a)a goods vehicle which has by virtue of this Act become classified as a heavy goods vehicle, that is to say a motor car which—

(i)is, by virtue of paragraph 11 of Schedule 1 to this Act, a heavy goods vehicle for the purposes of Part IV of the principal Act (not having been a heavy goods vehicle for those purposes before the passing of this Act); and

(ii)is not an articulated goods vehicle (within the meaning of that Part);

(b)a person who, immediately before the passing of this Act, fulfilled any of the following conditions, that is to say—

(i)he held a driving licence (whether full or provisional) authorising him to drive a goods vehicle to which this paragraph applies;

(ii)he was entitled to obtain a driving licence (other than a provisional licence) authorising him to drive a goods vehicle to which this paragraph applies or, having previously held a provisional licence, was entitled to obtain a provisional licence authorising him to drive a goods vehicle to which this paragraph applies or would have been (in either case) so entitled but for a current disqualification imposed by order of a court;

(iii)he would have been the holder of a valid driving licence authorising him to drive a goods vehicle to which this paragraph applies but for a current disqualification imposed by order of a court.

(2)Nothing in section 112(1) or (2) of the principal Act (offences arising out of driving without heavy goods vehicle drivers' licence) shall apply to or in relation to the driving by a person to whom this paragraph applies of a goods vehicle to which this paragraph applies during 1976.

(3)Nothing in section 114(1) of the principal Act (restriction on grant of heavy goods vehicle drivers' licences) shall prevent the licensing authority from granting a full licence to drive a heavy goods vehicle if—

(a)the application for the grant of the licence is made during 1976 by a person to whom this paragraph applies;

(b)the licensing authority is satisfied that in the course of any 12 consecutive months between the beginning of 1975 and the relevant appointed day the applicant had been in the habit during any period or periods of, or amounting in the aggregate to, six months of driving a goods vehicle to which this paragraph applies of a qualifying weight;

but any licence which the licensing authority grants by virtue of this sub-paragraph shall restrict the person to whom it is granted to the driving of a heavy goods vehicle which is not an articulated goods vehicle (within the meaning of Part IV of the principal Act) and the permissible maximum weight of which does not exceed 10 tonnes.

(4)The reference in sub-paragraph (3) above to the driving of a goods vehicle in any period between the beginning of 1975 and the relevant appointed day does not include a reference to the driving of a goods vehicle of a prescribed class or of a goods vehicle while it is being used in prescribed circumstances.

(5)The Secretary of State may by regulations restrict the class of goods vehicles to which this paragraph applies for the driving of which a licence may be granted by virtue of sub-paragraph (3) above by reference to the class of vehicle which the applicant for the licence was driving during any period between the beginning of 1975 and the relevant appointed day.

(6)In this paragraph—

• " driving licence " means a licence to drive a motor vehicle granted under Part III of the principal Act or under Part I of the [1970 c. 2 (N.I.).] Road Traffic Act (Northern Ireland) 1970;

• " goods vehicle " and " motor car " have the same meanings as they have in the principal Act;

• " licensing authority " and " permissible maximum weight " have the same meanings as they have in Part IV of that Act;

• " prescribed " means prescribed by regulations made by the Secretary of State;

• " provisional licence " has the same meaning as it has in Part III of the principal Act or, as the case requires, in Part I of the Road Traffic Act (Northern Ireland) 1970;

• " qualifying weight ", in relation to a goods vehicle, means that the vehicle has an unladen weight of 3 tons or less and a permissible maximum weight in excess of 7.5 tonnes;

• " relevant appointed day " means the appointed day for paragraph 11 of Schedule 1 to this Act.

(7)Any reference in this paragraph to a driving licence authorising a person to drive a goods vehicle to which this paragraph applies shall, in relation to a driving licence granted under Part I of the Road Traffic Act (Northern Ireland) 1970, be construed as a reference to a licence so granted authorising him to drive a goods vehicle of a class which—

(a)is, by virtue of any provision having effect in Northern Ireland and corresponding with paragraph 11 of Schedule 1 to this Act, a heavy goods vehicle for the purposes of sections 66 to 72 and 74 of the Road Traffic Act (Northern Ireland) 1970 (not having been a heavy goods vehicle for those purposes before the coming into force of that provision); and

(b)is not an articulated goods vehicle within the meaning of section 74 of that Act.

(8)This paragraph shall be treated, for the purposes of section 199 of the principal Act (exercise and Parliamentary control of regulation-making powers), as if it were contained in that Act.

4Notwithstanding section 38(2) of the [1889 c. 63.] Interpretation Act 1889 (repeals not to affect accrued liabilities and proceedings therefor), no person shall be convicted (whether in proceedings instituted before or in proceedings instituted after the passing of this Act) of an offence under section 4 or any provision of Part III of the principal Act by reason of his having at any time since the beginning of 1976 driven a motor vehicle of any class on a road under the age which by or under the said section 4 is the minimum age for driving a motor vehicle of that class if at that time he was the holder of a driving licence issued before the passing of this Act authorising him to drive a motor vehicle of that class and had attained the minimum age specified in the licence for driving that class of vehicle.