PART IIE+W+S LICENCES

Provisional licencesE+W+S

Duration of provisional licences authorising the driving of motor bicyclesE+W+S

15.—(1) Subject to paragraph (2), there is prescribed for the purposes of section 99(2) of the Traffic Act—

(a)a motor bicycle of any class, and

[F1(b)the same period as is provided by section 99(1) of the Traffic Act in relation to a licence to which section 99(1) applies.]

(2) There are prescribed for the purposes of section 99(2)(b)(ii) of that Act the circumstances that—

(a)the previous licence was surrendered or revoked, otherwise than under subsection (3) or (4) of section 99 of the Traffic Act, or treated as being revoked under section 37(1) of the Offenders Act,

(b)if it has not been so surrendered or revoked, a period of at least one month, commencing on the date of surrender or revocation, would have elapsed before the previous licence would have expired, and

(c)the licence when granted would come into force within the period of one year beginning on the date of surrender or revocation of the previous licence.

[F2Restrictions on provisional licences: two-wheeled vehiclesE+W+S

15A.—(1) A provisional licence granted in respect of a vehicle in category AM or A shall be restricted to such vehicles as have no more than two wheels save where the applicant declares that they are suffering from a relevant disability of such a nature that they are unable to ride a vehicle which has two wheels.

(2) A provisional licence granted in respect of a vehicle with two wheels shall be restricted to vehicles of a class within category AM or A.]

Conditions attached to provisional licencesE+W+S

16.—(1) A provisional licence of any class is granted subject to the conditions prescribed in relation to a licence of that class in the following paragraphs.

(2) Subject to the following paragraphs, the holder of a provisional licence shall not drive a vehicle of a class which he is authorised to drive by virtue of that licence—

(a)otherwise than under the supervision of a qualified driver [F3, or driving instructor,] who is present with him in or on the vehicle,

(b)unless a distinguishing mark in the form set out in Part 1 of Schedule 4 is displayed on the vehicle in such manner as to be clearly visible to other persons using the road from within a reasonable distance from the front and from the back of the vehicle, or

(c)while it is being used to draw a trailer.

(3) The condition specified in paragraph (2)(a) shall not apply when the holder of the provisional licence—

[F4(a)is driving a motor vehicle constructed to carry only one person which is not adapted to carry more than one person and is a vehicle in sub-category B1 (invalid carriages), a motor tricycle, a motor vehicle having four wheels and an unladen weight not exceeding 550 kilograms or a motor vehicle of a class included in category F, G, H or K;]

[F5(aa)is driving a motor vehicle of a class included in [F6former] sub-category B1 which is adapted to carry only one person and has at any time between 1st August 2002 and 1st March 2003, had the use of an NHS invalid carriage that was issued to him by reason of his having a relevant disability.]

(b)is riding a moped or a motor bicycle with or without a side-car [F7, a category P vehicle or a category Q vehicle]; or

(c)is driving a motor vehicle, other than a vehicle of a class included in category C, C+E, D or D+E, on a road in an exempted island.

(4) The condition specified in paragraph (2)(b) shall not apply—

(a)when the holder of the provisional licence is driving a motor vehicle on a road in Wales, and

(b)a distinguishing mark in the form set out in Part 2 of Schedule 4 is displayed on the motor vehicle in the manner described in paragraph (2)(b).

[F8(4A) When the holder of the provisional licence is driving an electric scooter being used in a trial the condition specified in paragraph 2(b) shall not apply.]

(5) The condition specified in paragraph (2)(c) shall not apply to the holder of a provisional licence authorising the driving of a vehicle of a class included in category F9... C+E, D+E or F, in relation to motor vehicles of that class.

(6) The holder of a provisional licence authorising the driving of—

(a)a moped, F10...

(b)a motor bicycle with or without a side-car,

[F11(c)a category P vehicle, or

(d)a category Q vehicle.]

shall not drive such a vehicle while carrying on it another person.

(7) The holder of a provisional licence authorising the driving of a motor bicycle other than [F12an A1 motorcycle] shall not drive such a vehicle otherwise than under the supervision of a certified direct access instructorF13... who is—

(a)present with him on the road while riding another motor bicycle,

(b)able to communicate with him by means of a radio which is not hand-held while in operation,

(c)supervising only that person or only that person and another person who holds such a provisional licence, and

(d)carrying a valid certificate issued in respect of him by the Secretary of State under regulation 65(4),

while he and the instructor are wearing apparel which is fluorescent or (during hours of darkness) is either fluorescent or luminous.

[F14(7A) The holder of a provisional licence authorising the driving of a moped or [F15an A1 motorcycle] shall not drive such a vehicle on a road when undergoing relevant training, unless the instructor giving the training is at all times—

[F16(a)present with the person holding the licence on the road while riding a two-wheeled vehicle in category AM or A or a category P vehicle or, if the instructor is suffering from a relevant disability of such a nature that they are unable to ride a two-wheeled vehicle, a three-wheeled vehicle in category AM or A, and]

(b)supervising only him or him and not more than 3 other persons each of whom holds such a provisional licence.

(7B) In paragraph (7A)—

(a)“relevant training” means training (otherwise than as part of an approved training course for motor cyclists) in how to drive a moped or learner motor cycle given by a professional instructor; and

(b)“professional instructor” means an instructor paid money or money’s worth for giving such training.]

(8) The holder of a passenger-carrying vehicle driver’s provisional licence shall not drive a vehicle which he is authorised to drive by that licence while carrying any passenger in the vehicle other than—

(a)the person specified in paragraph (2)(a), or

(b)a person who holds a passenger-carrying vehicle driver’s licence and either is giving or receiving instruction in the driving of passenger-carrying vehicles, or has given or received or is to give or receive, such instruction.

(9) The conditions specified in paragraphs (2)(a), (7) and (8) shall not apply when the holder of the provisional licence is undergoing a test.

(10) The conditions specified in paragraphs (2), (6), (7) and (8) shall not apply in relation to the driving of motor vehicles of a class in respect of which the provisional licence holder has been furnished with a valid test pass certificate stating that he has passed a test for the grant of a licence authorising him to drive vehicles of that class.

(11) The condition specified in paragraph (7)(b) shall not apply in the case of a provisional licence holder who is unable, by reason of impaired hearing, to receive directions from the supervising instructor by radio where the licence holder and the instructor are employing a satisfactory means of communication which they have agreed before the start of the journey.

[F17(11A) The holder of a disability assessment licence shall not drive a vehicle of a class which he is authorised to drive by virtue of the licence otherwise than during a period which—

(a)commences with the beginning of such period prior to the taking of the disability assessment test required by a relevant notice as is specified in writing by the Secretary of State when serving that notice; and

(b)ends with the completion of the test;

and, for these purposes, a “relevant notice” is a notice under section 94(5)(c) of the Traffic Act requiring the person to submit to a disability assessment test.]

F18(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) In this regulation—

[F19(za)“driving instructor” means a person whose name is entered in F20... the register established under section 123 of the Traffic Act.]

(a)“exempted island" means any island outside the mainland of Great Britain from which motor vehicles, unless constructed or adapted specially for that purpose, cannot at any time be conveniently driven to a road in any other part of Great Britain by reason of the absence of any bridge, tunnel, ford or other way suitable for the passage of such motor vehicles but excluding any of the following islands, namely, the Isle of Wight, St. Mary’s (Isles of Scilly), the islands of Arran, Barra, Bute, Great Cumbrae, Islay, the island which comprises Lewis and Harris, Mainland Orkney, Mainland Shetland, Mull, the island which comprises North Uist, Benbecula and South Uist and Tiree;

[F21(aa)“NHS invalid carriage” means a motor vehicle included in sub-category B1 (invalid carriages) that is owned by the Department for Health];

(b)“provisional licence", in relation to a class of vehicles, includes a full licence which is treated, by virtue of section 98 of the Traffic Act, as authorising its holder to drive vehicles of that class as if he held a provisional licence therefor;

(c)“qualified driver" shall be interpreted in accordance with regulation 17.

Meaning of “qualified driver"E+W+S

17.—(1) Subject to [F22paragraphs (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 [F23categories 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.

[F24(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 [F25, 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;

[F26(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 [F27a quadricycle or vehicles in sub-category B1 (invalid carriages)];

(e)F28... 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;

F29(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.

Conditions attached to provisional licences: holders of driving permits other than licences granted under Part III of the Traffic ActE+W+S

18.  A holder of a provisional licence authorising the driving of vehicles of any class who also holds a permit by virtue of which he is at any time—

(a)treated, by virtue of regulation 80, as the holder, for the purposes of section 87 of the Traffic Act, of a licence authorising the driving of vehicles of that class, or

(b)entitled, pursuant to article 2(1) of the Motor Vehicles (International Circulation) Order 1975 F38, to drive motor vehicles of that class,

need not comply with regulation 16 at that time.

Full licences [F39and] provisional entitlementE+W+S

19.—[F40(1) Sections 98(2) and 99A(5) of the Traffic Act shall apply in accordance with the following paragraphs.]

(2) Subject to paragraphs (3), (4), (5), (6), (11) and (12), the holder of a full licence which authorises the driving of motor vehicles of a class included in a category or sub-category specified in column (1) of the table at the end of this regulation may drive motor vehicles—

(a)of other classes included in that category or sub-category, and

(b)of a class included in each category or sub-category specified, in relation to that category or sub-category, in column (2) of the table,

[F41save where he is the holder of a full licence which authorises the driving of motor vehicles of a class included in that category or sub-category,] as if he were authorised by a provisional licence to do so.

(3) Section 98(2) shall not apply to a full licence if it authorises the driving only of motor vehicles adapted on account of a disability, whether pursuant to an application in that behalf made by the holder of the licence or pursuant to a notice served under section 92(5)(b) of the Traffic Act.

[F42(4) Section 98(2) shall not authorise a person who has not passed a test of competence to drive a moped or a motor bicycle to drive a category P vehicle or a category Q vehicle [F43other than an electric scooter being used in a trial].]

[F44(4A) In the case of a full licence granted before 19th January 2013 which authorises the driving of a class of standard motor bicycles, other than motor bicycles with an engine the maximum net power output of which is 11 kilowatts or less, section 98(2) shall not apply so as to authorise the driving of an A3 motorcycle before the expiration of the standard access period.

(4B) Section 98(2) shall not apply so as to authorise the driving, as if authorised by a provisional licence, of vehicles of any class included in category B96.]

F45(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In the case of a full licence which authorises the driving of a class of vehicles included in category C or C+E, paragraph (2) applies subject to the provisions of regulation 54.

(7) Subject to paragraphs (8), (9), (10), (11) and (12), the holder of a Community licence to whom section 99A(5) of the Traffic Act applies and who is authorised to drive in Great Britain motor vehicles of a class included in a category or sub-category specified in column (1) of the Table at the end of this regulation may drive motor vehicles—

(a)of other classes included in that category or sub-category, and

(b)of a class included in each category or sub-category specified, in relation to that category or sub-category, in column (2) of the Table,

as if he were authorised by a provisional licence to do so.

(8) Section 99A(5) shall not apply to a Community licence if it authorises the driving only of motor vehicles adapted on account of a disability.

(9) In the case of a Community licence [F46granted before 19th January 2013] which authorises the driving of a class of standard motor bicycle other than bicycles included in sub-category A1, section 99A(5) shall not apply so as to authorise the driving of [F47an A3 motorcycle] by a person under the age of 21 before the expiration of the period of two years commencing on the date when that person passed a test for a licence authorising the driving of that class of standard motor bicycle (and in calculating the expiration of that period, any period during which that person has been disqualified for holding or obtaining a licence shall be disregarded).

(10) In the case of a Community licence which authorises the driving only of motor bicycles of a class included in sub-category A1 section 98(2) shall not apply so as to authorise the driving of [F48an A3 motorcycle] by a person under the age of 21.

(11) Except to the extent provided in paragraph (12), section 98(2) shall not apply to a full licence, and section 99A(5) shall not apply to a Community licence, in so far as it authorises its holder to drive motor vehicles of any class included in category F49... C+E, D+E or K or in sub-category B1 (invalid carriages), C1 or D1 (not for hire or reward).

(12) A person—

(a)who holds a full licence authorising the driving only of those classes of vehicle included in a category or sub-category specified in paragraph (11) which have automatic transmission (and are not otherwise adapted on account of a disability), or

(b)who holds a Community licence, to whom section 99A(5) of the Traffic Act applies and who is authorised to drive in Great Britain only those classes of vehicle included in a category or sub-category specified in paragraph (11) which have automatic transmission (and are not otherwise adapted on account of a disability),

may drive motor vehicles of all other classes included in that category or sub-category which have manual transmission as if he were authorised by a provisional licence to do so.