The Motor Vehicles (Driving Licences) Regulations 1999

PART VIDISABILITIES

Licence groups

70.—(1) In this Part of these Regulations—

• “Group 1 licence” means a licence in so far as it authorises its holder to drive classes of motor vehicle included in—

  (a)

  categories A, B, B+E, F, G, H, K, L and P,

  (b)

  the former category N,

• “Group 2 licence” means, subject to paragraphs (2) and (3), a licence in so far as it authorises its holder to drive classes of motor vehicle included in any other category, and

• “licence” includes, unless the context otherwise requires, a Northern Ireland licence and a Community licence.

(2) In so far as a licence authorises its holder to drive vehicles of a class included in sub-categories C1, C1+E (8.25 tonnes), D1 (not for hire or reward) and D1+E (not for hire or reward) it is a Group 1 licence while it remains in force if—

(a)it was in force at a time before 1st January 1997, or

(b)it is granted upon the expiry of a licence which was in force at a time before 1st January 1997 and comes into force not later than 31st December 1997.

(3) Subject to paragraph (6)(d) of regulation 7, a licence shall be a Group 1 licence in so far as it authorises, by virtue of paragraphs (4), (5) and (6) of that regulation, the driving of a class of motor vehicles which is not included in a category or sub-category specified in relation to a Group 1 licence in paragraph (1) or (2) above.

Disabilities prescribed in respect of Group 1 and 2 licences

71.—(1) The following disabilities are prescribed for the purposes of section 92(2) of the Traffic Act as relevant disabilities in relation to an applicant for, or a person who holds, a Group 1 or Group 2 licence—

(a)epilepsy;

(b)severe mental disorder;

(c)liability to sudden attacks of disabling giddiness or fainting which are caused by any disorder or defect of the heart as a result of which the applicant for the licence or, as the case may be, the holder of the licence has a device implanted in his body, being a device which, by operating on the heart so as to regulate its action, is designed to correct the disorder or defect;

(d)liability to sudden attacks of disabling giddiness or fainting, other than attacks falling within paragraph (1)(c); and

(e)persistent misuse of drugs or alcohol, whether or not such misuse amounts to dependency.

(2) The disability prescribed in paragraph (1)(c) is prescribed for the purpose of section 92(4)(b) of the Traffic Act in relation to an applicant for a Group 1 or Group 2 licence if the applicant suffering from that disability satisfies the Secretary of State that—

(a)the driving of a vehicle by him in pursuance of the licence is not likely to be a source of danger to the public; and

(b)he has made adequate arrangements to receive regular medical supervision by a cardiologist (being a supervision to be continued throughout the period of the licence) and is conforming to those arrangements.

(3) The following disabilities are prescribed for the purposes of paragraphs (a) and (c) of section 92(4) of the Traffic Act namely, any disability consisting solely of any one or more of—

(a)the absence of one or more limbs,

(b)the deformity of one or more limbs, or

(c)the lost of use of one or more limbs, which is not progressive in nature.

(4) In this regulation—

(a)in paragraph (1)(b), the expression “severe mental disorder” includes mental illness, arrested or incomplete development of the mind, psychopathic disorder and severe impairment of intelligence or social functioning;

(b)in paragraph (2)(b), the expression “cardiologist” means a registered medical practitioner who specialises in disorders or defects of the heart and who, in that connection, holds a hospital appointment;

(c)in paragraph (3), references to a limb include references to a part of a limb, and the reference to loss of use, in relation to a limb, includes a reference to a deficiency of limb movement or power.

Disabilities prescribed in respect of Group 1 licences

72.—(1) There is prescribed for the purposes of section 92(2) of the Traffic Act as a relevant disability in relation to an applicant for, or a person who holds, a Group 1 licence, the inability to read in good light (with the aid of corrective lenses if necessary) a registration mark fixed to a motor vehicle and containing letters and figures 79.4 millimetres high at a distance of—

(a)12.3 metres, in the case of an applicant for a licence authorising only the driving of motor vehicles of a class included in category K, or

(b)20.5 metres, in any other case.

(2) Epilepsy is prescribed for the purposes of section 92(4)(b) of the Traffic Act in relation to an applicant for a Group 1 licence who either—

(a)has been free from any epileptic attack during the period of one year immediately preceding the date when the licence is granted; or

(b)(if not so free from attack) has had an epileptic attack whilst asleep more than three years before the date when the licence is granted and has had attacks only whilst asleep between the date of that attack and the date when the licence is granted,

where the Secretary of State is satisfied that the driving of a vehicle by him in accordance with the licence is not likely to be a source of danger to the public.

(3) The disability described in paragraph (1) is prescribed for the purposes of section 94(5)(b) of the Traffic Act in relation to an applicant for, or a person who holds, a Group 1 licence.

Disabilities prescribed in respect of Group 2 licences

73.—(1) There is prescribed for the purposes of section 92(2) of the Traffic Act as a relevant disability in relation to an applicant for, or a person who holds, a Group 2 licence, the inability to read in good light (with the aid of corrective lenses if necessary) a registration mark fixed to a motor vehicle and containing letters and figures 79.4 millimetres high at a distance of 20.5 metres.

(2) There is also prescribed for the purposes of section 92(2) of the Traffic Act as a relevant disability in relation to a person other than an excepted licence holder who is an applicant for or who holds a Group 2 licence, such abnormality of sight in one or both eyes that he cannot meet the relevant standard of visual acuity.

(3) The relevant standard of visual acuity for the purposes of paragraph (2) means—

(a)in the case of a person who—

(i)was the holder of a valid Group 2 licence or obsolete vocational licence upon each relevant date specified in column (1) of Table 1 at the end of this regulation, and

(ii)if he is an applicant for a Group 2 licence, satisfies the Secretary of State that he has had adequate recent driving experience and has not during the period of 10 years immediately before the date of the application been involved in any road accident in which his defective eyesight was a contributory factor,

the standard prescribed in relation to him in column (2) of Table 1;

(b)in the case of a person who—

(i)does not fall within sub-paragraph (a), and

(ii)was or is the holder of a valid Group 2 licence upon the relevant date specified in column (1) of Table 2 at the end of this regulation,

the standard prescribed in relation to him in column (2) of Table 2;

(c)in the case of any other person, a standard of visual acuity (with the aid of corrective lenses if necessary) of at least 6/9 in the better and eye and at least 6/12 in the worse eye and, if corrective lenses are necessary, an uncorrected acuity of at least 3/60 in both eyes.

(4) There is prescribed for the purposes of section 92(2) of the traffic Act in relation to a person—

(a)to whom paragraph (3)(c) applies, and

(b)who is able to meet the relevant standard of visual acuity prescribed in that sub-paragraph only with the aid of corrective lenses,

poor toleration of the correction made by the lenses.

(5) There is prescribed for the purposes of section 92(2) as a relevant disability in relation to a person who is an applicant for or who holds a Group 2 licence, sight in only one eye unless—

(a)he held an obsolete vocational licence on 1st April 1991, the traffic commissioner who granted the last such licence knew of the disability before 1st January 1991, and—

(i)in a case of a person who also held such a licence on 1st January 1983, the visual acuity in his sighted eye is no worse than 6/12, or

(ii)in any other case, the visual acuity in his sighted eye is no worse than 6/9, and

if he is an applicant for a Group 2 licence, he satisfies the Secretary of State that he has had adequate recent driving experience and has not during the period of 10 years immediately before the date of the application been involved in any road accident in which his defective eyesight was a contributory factor; or

(b)the person is an excepted licence holder.

(6) Diabetes requiring insulin treatment is prescribed for the purposes of section 92(2) in relation to an applicant for or a person who holds a Group 2 licence unless the person suffering from the disability held an obsolete vocational licence on 1st April 1991 and the traffic commissioner who granted the last obsolete vocational licence knew of the disability before 1st January 1991.

(7) Liability to seizures arising from a cause other than epilepsy is prescribed for the purposes of section 92(2) in relation to an applicant for or a person who holds a Group 2 licence.

(8) Epilepsy is prescribed for the purposes of section 92(4)(b) of the Traffic Act in the case of an applicant for a Group 2 licence suffering from epilepsy who satisfies the Secretary of State that—

(a)during the period of 10 years immediately preceding the date when the licence is granted—

(i)he has been free from any epileptic attack, and

(ii)he has not required any medication to treat epilepsy, and

(b)that the driving of a vehicle by him in accordance with the licence is not likely to be a source of danger to the public.

(9) Diabetes requiring insulin treatment is prescribed for the purposes of section 92(4)(b) in the case of a person who—

(a)is an applicant for a licence authorising the driving of vehicles in sub-category C1 or C1+E (8.25 tonnes),

(b)held such a licence on 31st December 1996, and

(c)satisfies the Secretary of State that since commencing treatment with insulin, and whilst in employment for the purpose, he has had sufficient recent experience in the driving of vehicles in sub-category C1 or C1+E (8.25 tonnes) to make practicable an assessment of the risk posed by his driving vehicles of those classes,

provided that he satisfies the conditions mentioned in paragraph (10).

(10) The conditions referred to in paragraph (9) are that—

(a)the Secretary of State was aware on 31 December 1997 that he suffered from that disability,

(b)he has not, during the period of 12 months ending on the date of the application, required the assistance of another person to treat an episode of hypoglycaemia suffered whilst he was driving,

(c)he makes an arrangement to undergo at intervals of not more than 12 months an examination by a hospital consultant specialising in the treatment of diabetes and so far as is reasonably practicable conforms to that arrangement,

(d)his application is supported by a report from such a consultant sufficient to satisfy the Secretary of State that he has a history of responsible diabetic control with a minimal risk of incapacity due to hypoglycaemia during his normal working hours,

(e)he regularly monitors his condition while employed in driving vehicles in sub-category C1 or C1+E (8.25 tonnes), and

(f)the Secretary of State is satisfied that the driving of such a vehicle in pursuance of the licence is not likely to be a source of danger to the public.

(11) In this regulation—

(a)references to measurements of visual acuity are references to visual acuity measured on the Snellen Scale;

(b)“excepted licence holder” means a person who—

(i)was the holder of a licence authorising the driving of vehicles included in sub-categories C1 and C1+E (8.25 tonnes) which was in force at a time before 1st January 1997, and

(ii)is an applicant for, or the holder of, a Group 2 licence solely by reason that the licence applied for or held authorises (or would, if granted, authorise) the driving of vehicles included in those sub-categories.

(c)“obsolete vocational licence” means a licence to drive heavy goods vehicles granted under Part IV of the Traffic Act as originally enacted or a licence to drive public service vehicles granted under section 22 of the 1981 Act which was in force a time before 1 April 1991.

Disabilities requiring medical investigation: High Risk Offenders

74.—(1) Subject to paragraph (2), the circumstances prescribed for the purposes of subsection (5) of section 94 of the Traffic Act, under subsection (4) of that section, are that the person who is an applicant for, or holder of, a licence—

(a)has been disqualified by an order of a court by reason that the proportion of alcohol in his body equalled or exceeded—

(i)87.5 microgrammes per 100 millilitres of breath, or

(ii)200 milligrammes per 100 millilitres of blood, or

(iii)267.5 milligrammes per 100 millilitres of urine;

(b)has been disqualified by order of a court by reason that he has failed, without reasonable excuse, to provide a specimen when required to do so pursuant to section 7 of the Traffic Act; or

(c)has been disqualified by order of a court on two or more occasions within any period of 10 years by reason that—

(i)the proportion of alcohol in his breath, blood or urine exceeded the limit prescribed by virtue of section 5 of the Traffic Act, or

(ii)he was unfit to drive through drink contrary to section 4 of that Act.

(2) For the purposes of paragraph (1)(a) and (b) a court order shall not be taken into account unless it was made on or after 1st June 1990 and paragraph (1)(c) shall not apply to a person unless the last such order was made on or after 1st June 1990.

Examination by an officer of the Secretary of State

75.—(1) There are prescribed for the purposes of section 94(5)(b)(ii) (examination of a licence applicant or holder by an officer of the Secretary of State) the following disabilities—

(a)impairment of visual acuity or of the central or peripheral visual field;

(b)a disability consisting of any one or more of the following—

(i)the absence of one or more limbs,

(ii)the deformity of one or more limbs,

(iii)the loss of use of one or more limbs whether or not progressive in nature, and

(iv)impairment of co-ordination of movement of the limbs or of co-ordination between a limb and the eye;

(c)impairment of cognitive functions or behaviour;

(2) In paragraph (1)(b), a reference to a limb includes a reference to part of a limb, and the reference to loss of use in relation to a limb includes a reference to impairment of limb movement, power or sensation.