The Motor Vehicles (Driving Licences) Regulations 1999

PART VIE+W+S DISABILITIES

Licence groupsE+W+S

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)

  [F1categories AM, A, B, B+E, F, G, H, K and L,]

  (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 licencesE+W+S

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—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 licencesE+W+S

72.—[F3(1) Impairment of vision 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 holder of, a Group 1 licence, who is unable to satisfy the following standards—

(a)the Group 1 visual acuity standard in paragraph (1A);

(b)the Group 1 visual field standard in paragraph (1C); and

(c)in the case of a person with diplopia or sight in only one eye, the adaptation standard in paragraph (1D).

(1A) The Group 1 visual acuity standard is—

(a)a visual acuity of at least 6/12 (decimal 0.5); and

(b)the ability to read in good daylight a registration mark which is affixed to a motor vehicle and contains characters of the prescribed size,

in either case with corrective lenses if necessary.

(1B) For the purposes of paragraph (1A)(b), “characters of the prescribed size” means characters 79 millimetres high and 50 millimetres wide in a case where they are viewed from a distance of—

(a)12 metres, by an applicant for, or the holder of, a licence authorising the driving of a vehicle of a class included in category K, and

(b)20 metres, in any other case.

(1C) The Group 1 visual field standard is—

(a)a measurement of at least 120 degrees on the horizontal plane;

(b)an extension of at least 50 degrees left and an extension of at least 50 degrees right;

(c)an extension of at least 20 degrees above and an extension of at least 20 degrees below the horizontal plane; and

(d)no significant defects present within a radius of the central 20 degrees.

(1D) The adaptation standard for a person having diplopia or sight in only one eye is that F4..., there has been—

(a)an appropriate period of adaptation; and

(b)clinical confirmation of full adaptation.

(1E) Impairment of vision 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 fails to meet the visual field standard, where that person satisfies the following conditions—

(a)the visual acuity standard in paragraph (1A) is met;

(b)any visual field defect has been present for at least one year;

(c)that defect was caused by an isolated event or a non-progressive condition;

(d)there is no other condition or pathology present which is regarded as progressive and likely to affect the visual field;

(e)there is clinical confirmation of full functional adaptation;

(f)the applicant has sight in both eyes;

(g)there is no uncontrolled diplopia;

(h)there is no other impairment of visual function, including glare sensitivity, contrast sensitivity or impairment of twilight vision;

(i)since developing any visual field defect, the applicant has passed a disability assessment test; and

(j)the Secretary of State is satisfied that the driving of a vehicle by that person in accordance with the licence is not likely to be a source of danger to the public.]

[F5(2) Epilepsy 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 holder of, a Group 1 licence, who has had two or more epileptic seizures during the previous five year period.

(2A) 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 satisfies the conditions set out in paragraph (2F) and who has either—

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

(b)during that one year period has suffered no unprovoked seizure other than a permitted seizure.

(2B) A permitted seizure for the purposes of paragraph (2A)(b) is—

(a)a seizure, which can include a medication adjustment seizure, falling within only one of the permitted patterns of seizure; or

(b)a medication adjustment seizure where—

(i)that medication adjustment seizure does not fall within a permitted pattern of seizure;

(ii)previously effective medication has been reinstated for at least 6 months immediately preceding the date when the licence is granted;

(iii)that seizure occurred more than 6 months before the date when the licence is granted; and

(iv)there have been no other unprovoked seizures since that seizure; or

(c)a seizure occurring before a medication adjustment seizure permitted under sub-paragraph (b), where—

(i)that earlier seizure had, to that point, formed part of only one permitted pattern of seizure and had occurred prior to any medication adjustment seizure not falling within the same permitted pattern; or

(ii)it is a medication adjustment seizure, which was not followed by any other type of unprovoked seizure, except for another medication adjustment seizure.

(2C) A permitted pattern of seizure for the purposes of paragraph (2B), is a pattern of seizures—

(a)occurring during sleep, where—

(i)there has been a seizure while asleep more than one year before the date when the licence is granted;

(ii)there have been seizures only while asleep between the date of that seizure while asleep and the date the licence is granted; and

(iii)there has never been an unprovoked seizure while awake; or

(b)occurring during sleep, where—

(i)there has been a seizure while asleep more than three years before the date when the licence is granted;

(ii)there have been seizures only while asleep between the date of that seizure while asleep and the date the licence is granted; and

(iii)there is also a history of unprovoked seizure while awake, the last of which occurred more than three years before the date when the licence is granted, or

(c)without influence on consciousness or the ability to act, where—

(i)such a seizure has occurred more than one year before the date when the licence is granted;

(ii)there have only been such seizures between the date of that seizure and the date when the licence is granted; and

(iii)there has never been any other type of unprovoked seizure.

(2D) An isolated seizure 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 holder of, a Group 1 licence—

(a)in a case where there is an underlying causative factor that may increase future risk, where such a seizure has occurred during the previous one year period; and

(b)in any other case, where such a seizure has occurred during the previous 6 month period.

(2E) An isolated seizure 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—

(a)(i)in a case where there is an underlying causative factor that may increase future risk, has had such a seizure more than one year immediately before the date when the licence is granted; and

(ii)in any other case, has had such a seizure more than 6 months immediately before the date when the licence is granted;

(b)has had no other unprovoked seizure since that seizure; and

(c)satisfies the conditions set out in paragraph (2F).

(2F) The conditions are that—

(a)so far as is practicable, the applicant complies with the directions regarding treatment for epilepsy or isolated seizure, including directions as to regular medical check-ups made as part of that treatment, which may from time to time be given by a registered medical practitioner or one of the clinical team working under the supervision of that registered medical practitioner;

(b)if required to do so by the Secretary of State, the applicant has provided a signed declaration agreeing to observe the condition in sub-paragraph (a);

(c)if required by the Secretary of State, there has been an appropriate medical assessment by a registered medical practitioner; and

(d)the Secretary of State is satisfied that the driving of a vehicle by the applicant 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.

[F6(4) Diabetes mellitus 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 holder of, a Group 1 licence, who is being treated with insulin or another medication which carries a risk of inducing hypoglycaemia and—

[F7(a)has experienced two or more episodes of severe hypoglycaemia while awake during the previous one year period, and the most recent episode occurred during the previous three month period; or]

(b)has impaired awareness of hypoglycaemia.

(5) Diabetes mellitus 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 is being treated with insulin and—

[F8(a)does not fall within paragraph (4)(a);]

(b)does not have impaired awareness of hypoglycaemia; and

(c)satisfies the conditions prescribed in paragraph (6).

(6) The conditions are that the applicant—

(a)can demonstrate an understanding of the risks of hypoglycaemia and adequate control of the condition;

[F9(b)undertakes appropriate monitoring to assess glucose levels and any risk of hypoglycaemia;]

(c)is under regular medical review; and

(d)is a person in respect of whom the Secretary of State is satisfied that the driving of a vehicle in accordance with the licence is not likely to be a source of danger to the public.

[F10(7) (a) in relation to eyesight—

references to measurements of visual acuity are references to visual acuity measured as decimals or fractions on the Snellen Scale; and

“sight in only one eye” means there is total functional loss of vision in one eye, or use of only one eye.

“epilepsy” means the occurrence of two or more unprovoked seizures over a period which exceeds 24 hours and “epileptic seizure” means any such seizure;

“isolated seizure” means—

“medication adjustment seizure” means a seizure occurring during and because of documented physician advised substitution, reduction or withdrawal of anti epilepsy medication;

“provoked seizure” means a seizure which has a recognisable causative factor which is reliably avoidable and which is not a medication adjustment seizure;

“unprovoked seizure” means a seizure which is not a provoked seizure.

“impaired awareness of hypoglycaemia” means the inability to detect the onset of hypoglycaemia because of a total absence of warning symptoms;

“severe hypoglycaemia” means an episode of hypoglycaemia requiring the assistance of another person.]]

Disabilities prescribed in respect of Group 2 licencesE+W+S

73.—[F11(1) Impairment of vision is prescribed for the purposes of section 92(2) of the Traffic Act as a relevant disability in relation to an applicant for, or the holder of, a Group 2 licence who—

(a)is unable to satisfy the standards in paragraph (2);

(b)has sight in only one eye, unless that person —

(i)held an obsolete vocational licence on 1st April 1991, provided

(aa)the traffic commissioner who granted the last obsolete vocational licence knew of the disability before 1st January 1991; and

(bb)the additional conditions in sub-paragraph (5) are satisfied; or

(ii)is an excepted licence holder;

(c)is a person to whom sub-paragraph (3)(c) applies, who—

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

(ii)is unable to meet the standard for corrective lenses set out in paragraph (4A); or

(d)suffers from uncontrolled diplopia.]

[F12(2) The standards to be satisfied for the purposes of paragraph (1)(a) are—

(a)the Group 1 visual acuity standard in regulation 72(1A);

(b)other than in the case of an excepted licence holder, the relevant Group 2 additional visual acuity standard in paragraph (3); and

(c)the Group 2 visual field standard in paragraph (4).]

(3) The relevant [F13Group 2 additional] 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;

F14(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15(c)in the case of any other person, a measurement of visual acuity (with the aid of corrective lenses if necessary) of at least 6/7.5 (decimal 0.8) in the better eye and at least 6/60 (decimal 0.1) in the worse eye.]

[F16(4) The Group 2 visual field standard is—

(a)a measurement of at least 160 degrees on the horizontal plane;

(b)an extension of at least 70 degrees left and an extension of at least 70 degrees right;

(c)an extension of at least 30 degrees above and an extension of at least 30 degrees below the horizontal plane;

(d)no defect is present within a radius of the central 30 degrees; and

(e)no other impairment of visual function, including glare sensitivity, contrast sensitivity or impairment of twilight vision.

(4A) The corrective lenses standard requires that there is not—

(a)poor toleration of the correction made by the lenses; or

(b)an inability to meet the visual acuity standard in paragraph (3)(c) except with glasses having a power exceeding plus eight dioptres.]

[F17(5) The additional conditions prescribed for the purposes of sub-paragraph 1(b)(i)(bb) are—

(a)the visual acuity in the sighted eye is—

(i)in the case of a person who also held such a licence on 1st January 1983, no worse than 6/12 (decimal 0.5), or

(ii)in any other case, no worse than 6/9 (decimal 0.67) ;

(b)the applicant satisfies the Secretary of State that there has been adequate recent driving experience and that during the period of 10 years immediately before the date of the application, there has been no involvement in any road accident where the applicant’s defective eyesight was a contributory factor; and

(c)the Secretary of State is satisfied that the driving of a vehicle by the applicant, in accordance with the licence, is not likely to be a source of danger to the public.]

[F18(6) Diabetes mellitus 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 holder of, a Group 2 licence who is being treated with insulin or another medication which carries a risk of inducing hypoglycaemia and—

(a)has experienced one or more episodes of severe hypoglycaemia during the previous one year period; or

(b)does not have full awareness of hypoglycaemia.

(6A) Diabetes mellitus is prescribed for the purposes of section 92(4)(b) of the Traffic Act in relation to an applicant for a Group 2 licence, who—

(a)is being treated with insulin and—

(i)has undergone treatment with insulin for at least 4 weeks;

(ii)has full awareness of hypoglycaemia;

(iii)has not, during the period of one year immediately preceding the date when the licence is granted, had an episode of severe hypoglycaemia; and

(iv)satisfies the conditions prescribed in paragraphs (6B) and (6C); or

(b)is being treated with a medication which carries a risk of inducing hypoglycaemia, other than insulin, and—

(i)has full awareness of hypoglycaemia;

(ii)has not, during the period of one year immediately preceding the date when the licence is granted, had an episode of severe hypoglycaemia; and

(iii)satisfies the conditions prescribed in paragraphs (6B) and (6D).

(6B) The conditions are that the applicant—

(a)regularly monitors his or her condition and, in particular, undertakes blood glucose monitoring at least twice daily and at times relevant to driving;

(b)provides a signed declaration to the Secretary of State that he or she—

(i)understands the risk of hypoglycaemia and will comply with such directions regarding treatment for diabetes as may from time to time be given by the registered medical practitioner overseeing that treatment, or one of the clinical team working under the supervision of that registered medical practitioner;

(ii)will immediately report to the Secretary of State in writing any significant change in his or her condition and pending any enquiries being made by the Secretary of State, will follow the advice of his or her registered medical practitioner, or one of the clinical team working under the supervision of that registered medical practitioner, concerning fitness to drive; and

(iii)will provide such evidence as the Secretary of State may request to demonstrate that the monitoring referred to in sub-paragraph (a) is being carried out;

(c)is a person in respect of whom the Secretary of State is satisfied that the driving of a vehicle in accordance with the licence is not likely to be a source of danger to the public.

(6C) The further conditions for an applicant who is being treated with insulin are that—

(a)the applicant has attended an examination by a hospital consultant specialising in the treatment of diabetes, who has provided a report sufficient to satisfy the Secretary of State that the applicant has a history of responsible diabetic control and currently has a minimal risk of impairment due to hypoglycaemia;

(b)the applicant monitors his or her condition as set out in paragraph (6B)(a), using a device that incorporates an electronic memory function to measure and record blood glucose levels, and undertakes to continue so to monitor.

(6D)  The further condition for an applicant who is not being treated with insulin is that—

• the applicant has attended an examination by a registered medical practitioner, who has provided a report sufficient to satisfy the Secretary of State that the applicant has a history of responsible diabetic control and currently has a minimal risk of impairment due to hypoglycaemia.

(6E) In this regulation “severe hypoglycaemia” has the same meaning as in regulation 72(7).]

(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.

[F19(8) Epilepsy 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 holder of, a Group 2 licence, where two or more epileptic seizures have occurred, or that person has been prescribed medication to treat epilepsy, during the previous ten year period.

(8A) Epilepsy is prescribed for the purposes of section 92(4)(b) of the Traffic Act in relation to an applicant for a Group 2 licence who—

(a)in the case of a person whose last epileptic seizure was an isolated seizure, satisfies the conditions in paragraph (8C) and (8D); or

(b)in any other case, satisfies the conditions set out in paragraph (8D) and who, for a period of at least 10 years immediately preceding the date when the licence is granted has—

(i)been free from any epileptic seizure, and

(ii)has not been prescribed any medication to treat epilepsy.

(8B) An isolated seizure 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 holder of, a Group 2 licence, where during the previous five year period, such a seizure has occurred, or that person has been prescribed medication to treat epilepsy or a seizure.

(8C) An isolated seizure is prescribed for the purposes of section 92(4)(b) of the Traffic Act in relation to an applicant for a Group 2 licence who satisfies the conditions set out in paragraph (8D) and who, for a period of at least five years immediately preceding the date when the licence is granted—

(a)has been free from any unprovoked seizure, and

(b)has not been prescribed medication to treat epilepsy or a seizure.

(8D) The conditions are that—

(a)if required by the Secretary of State, there has been an appropriate medical assessment by a neurologist; and

(b)the Secretary of State is satisfied that the driving of a vehicle by the applicant, in accordance with the licence, is not likely to be a source of danger to the public.]

F20(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) In this regulation—

[F22(a)references to measurements of visual acuity and to “sight in only one eye” have the same meaning as in regulation 72(7)(a).]

(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.

[F23(d)the expressions “epilepsy”, “epileptic seizure”, “provoked seizure” and “unprovoked seizure” have the same meaning as in regulation 72(7)(b);

(e)isolated seizure has the same meaning as in regulation 72(7)(b), except that “ten years” is substituted for “five years” in sub paragraph (ii) of that definition.]

Disabilities requiring medical investigation: High Risk OffendersE+W+S

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; F28...

[F29(bb)has been disqualified by order of a court by reason of failure, without reasonable excuse, to give permission for a laboratory test of a specimen of blood taken pursuant to section 7A 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.

[F30(3) For the purposes of paragraph 1(bb) a court order shall not be taken into account unless it was made on or after 1st June 2013.]

Examination by an officer of the Secretary of StateE+W+S

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—

[F31(a)impairment of vision;]

(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.