text:
1
These Regulations may be cited as the Merchant Shipping (Medical Examination) (Amendment) Regulations 1990 and shall come into force on 1st November 1990.
2
The Merchant Shipping (Medical Examination) Regulations 1983 shall be amended as follows: —
a
in regulation 2 the existing text shall become paragraph (1), and the following shall be added as paragraph (2): —
2
Any approval in pursuance of these Regulations shall be given in writing and shall specify the date on which it takes effect and the conditions (if any) on which it is given.
;
b
regulation 9 shall be replaced by the following: —
9
If an approved medical practitioner has reasonable grounds for believing that:
i
there has been a significant change in the medical fitness of a seafarer during the period of validity of his medical fitness certificate; or
ii
when the medical fitness certificate was issued an approved medical practitioner, had he been in possession of full details of the seafarers condition, could not reasonably have considered that the seafarer was fit, having regard to the medical standards referred to in regulation 7; or
iii
that the medical fitness certificate was issued otherwise than in accordance with these Regulations, he shall notify the seafarer concerned and may:
a
suspend the validity of that certificate until the seafarer has undergone a further medical examination;
b
suspend the certificate for such period as he considers the seafarer will remain unfit to go to sea; or
c
cancel the certificate if he considers that the seafarer is likely to remain permanently unfit to go to sea
.
Signed by authority of the Secretary of State for Transport
The Lord Brabazon of Tara
Minister of State,
Department of Transport
3rd October 1990


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Peak Rail Light Railway Order 1990 and shall come into force on 6th November 1990.
Interpretation
2
1
In this Order unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them: —
“the Board” means the British Railways Board;
“the Company” means Peak Rail plc, a company incorporated under the Companies Act 1985 and having its registered office at the Midland Station, Buxton, Derbyshire;
“the Company’s railway” means the railway authorised to be constructed, made and maintained by the Company pursuant to article 4 of this Order;
“the former railway” means the railway or former railway of the Board described in the Schedule to this Order and includes all lands and works relating thereto;
“the principal Act ” means the Light Railways Act 1896.
2
Except in relation to article 4(2) of this Order, all distances, lengths, measurements and directions stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, length, measurement and direction, and distances between points on a railway shall be taken to be measured along the railway.
Incorporation and application of enactments
3
1
Subject to the provisions of this Order, the provisions of the Railway Clauses Consolidation Act 1845 (except sections 8, 17, 47, 48, 50 and 59 to 64) are incorporated with, and form part of, this Order.
2
In the construction of the provisions of the Railway Clauses Consolidation Act 1845 as incorporated with this Order: —
a
Sections 7, 9, 10 and 162 shall be read, construed and have effect as if the “proper officer of the County Council of the County of Derbyshire” had been referred to therein instead of the “Clerks of the Peace”;
b
Sections 78 to 85 shall have effect as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923 .
3
Notwithstanding the provisions of subsection (1) of section 12 of the Light Railways Act 1896, the following enactments shall apply to the Company’s railway: —
The Regulation of Railways Act 1868 —
Section 22 (means of communication between passengers and the Company’s servants to be provided);
The Regulation of Railways Act 1889 — Section 1 (power to order certain provisions to be made for public safety);
Section 5 (penalty for avoiding payment of fare).
4
In its application to the Company’s railway section 22 of the Regulation of Railways Act 1868 shall have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.
Power to make Company’s Railway
4
1
The Company may on the line and to the extent of the former railway construct, make and maintain a railway with all necessary works and conveniences connected therewith and work the same as a light railway under the principal Act and in accordance with the provisions of this Order.
2
The Company’s railway shall be laid on the same level as, and within the existing formation of, the former railway with the exception of the section of the Company’s railway at Bridge Street, Buxton, where the Company’s railway will be laid within the existing formation but at a maximum level of 300 centimetres above the former railway to permit the construction of a new bridge with a minimum headroom of 4.496 metres and a clear span of 9.600 metres.
Transfer of rights etc. in former railway
5
Subject to the provisions of this Order the Company’s railway or any part thereof shall be subject to all statutory and other provisions applicable to the former railway or any part thereof (insofar as the same are still subsisting and capable of taking effect) and the Company shall to the exclusion of the Board be entitled to the benefit of and exercise all rights, powers and privileges and be subject to all obligations, statutory or otherwise, relating to the former railway (insofar as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations.
Gauge of the Company’s railway and motive power
6
The Company’s railway shall be constructed and operated on a gauge of 1435 millimetres and the motive power shall be diesel or steam or internal combustion or such other motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the Company to use electrical power as motive power on the Company’s railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages:
Provided also that, if electrical power is used as motive power on the Company’s railway, such electrical power shall not be used in such a manner as to cause, or be likely to cause, any interference with any telecommunications apparatus (as defined in Schedule 2 to the Telecommunications Act 1984 or with telecommunication by means of such apparatus.
Restrictions and conditions as to working of Company’s railway
7
1
The Company shall not use upon the Company’s railway any engine, carriage or truck bringing any weight upon the rails by any one pair of wheels exceeding such weight as the Secretary of State may allow.
2
The Company shall not run any train or engine upon any part of the Company’s railway at a rate of speed exceeding at any time that fixed by the Secretary of State for such part.
3
No part of the Company’s railway shall be used for the conveyance of passengers without prior written permission of the Secretary of State and the Company shall comply with the conditions (if any) that the Secretary of State may from time to time prescribe for the safety of persons using the Company’s railway.
4
If the Company contravene any of the provisions of this article they shall for each offence be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Public liability insurance
8
1
In this article —
“insurer” means any insurer or insurers authorised under the Insurance Companies Act 1982 to carry on in the United Kingdom insurance business of a relevant class or who has corresponding permission under the law of another member state of the European Economic Community;
“policy” means a public liability policy with an insurer providing maximum cover in respect of any one accident on or occasioned by the operation of the Company’s railway of not less that £1 million.
2
a
The Company shall not work the Company’s railway unless there is in force a policy in accordance with the provisions of this article.
b
In default of compliance with the provisions of this article the Company shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or on conviction on indictment to a fine.
3
The adequacy of the cover provided by a policy maintained in accordance with this article shall be regularly reviewed by the Company.
Signed by authority of the Secretary of State for Transport
J. R. Coates
An Under Secretary in the
Department of Transport
5th November 1990


text:
Citation, commencement and extent
1
These Regulations, which extend to Great Britain, may be cited as the Electrical Equipment for Explosive Atmospheres (Certification) Regulations 1990 and shall come into force on 31st January 1990.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“certificate of conformity” means the certificate referred to in Article 8 of the Framework Directive except that in relation to the electrical equipment designed for work underground in mines susceptible to firedamp it means the certificate referred to in Article 8 of the Gassy Mines Directive;
“electrical equipment” means any constituent part of an electrical installation or any other electrical device to which the Framework Directive or the Gassy Mines Directive applies;
“the First Specific Directive” means Council Directive No. 79/196/ EEC concerning electrical equipment for use in potentially explosive atmospheres employing certain types of protection, as adapted to technical progress by Commission Directives No. 84/47/EEC and 88/571/EEC ;
“the Framework Directive” means Council Directive No. 76/117/EEC concerning electrical equipment for use in potentially explosive atmospheres;
“the Gassy Mines Directive” means Council directive No. 82/130/EEC concerning electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp, as adapted to technical progress by Commission Directive No. 88/35/EEC ;
“harmonised standards” means the standards specified in Annex 1 of the First Specific Directive except that in relation to the electrical equipment designed for work underground in mines susceptible to firedamp it means the standards specified in Annex A (amended in accordance with Annex B) to the Gassy Mines Directive;
“certification body” means a body appointed for the purposes of regulation 3(1);
“inspection certificate” means the certificate referred to in Article 9 of the Framework Directive except that in relation to the electrical equipment designed for work underground in mines susceptible to firedamp it means the certificate referred to in Article 9 of the Gassy Mines Directive.
2
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation, is a reference to the regulation so numbered in these Regulations;
b
a numbered paragraph, is a reference to the paragraph so numbered in the regulation in which that reference appears.
Appointment of certification bodies
3
1
The Secretary of State shall appoint a body or bodies of persons for any one or more of the following purposes, that is to say, —
a
of assessing and testing electrical equipment (or such electrical equipment as may be specified in the appointment) to determine whether it conforms to the appropriate harmonised standards and of issuing certificates of conformity;
b
of assessing and testing electrical equipment (or such electrical eq uipment as may be specified in the appointment) which differs from harmonised standards to determine whether it offers a degree of safety at least equivalent to those standards and of issuing inspection certificates;
c
of carrying out surveillance of the manufacture of electrical equipment (or such electrical equipment as may be specified in the appointment) to ascertain whether the equipment conforms to the type of equipment in respect of which a certificate of conformity or, as the case may be, an inspection certificate has been issued;
d
of doing such other things as may be required or permitted by or in connection with these Regulations, on such conditions as he thinks fit for the efficient and proper functioning of such body or bodies.
2
The said appointment may be for a fixed or indefinite time and may be revoked at any time; the Secretary of State may also vary or withdraw any or all of the conditions of appointment or impose additional conditions at any time for the efficient and proper functioning of the certification body.
Certificates of conformity
4
1
A manufacturer of electrical equipment may apply to a certification body (which has been appointed for the purpose set out in regulation 3(1)(a) in respect of the electrical equipment for which the application is made) for a certificate of conformity attesting that the electrical equipment which is the subject of the application conforms to the harmonised standards.
2
The application shall be in writing and shall be accompanied by such information and documents as the certification body may reasonably require. Samples of the equipment to which the application relates and such other information and documents as the certification body may reasonably require shall be provided by the manufacturer when so requested by that body.
3
On receipt of an application for a certificate of conformity in relation to electrical equipment, the certification body shall, on receipt of such fee as may be agreed between the certification body and the manufacturer (or on receipt of the acceptance by the manufacturer of the quotation given to him by the certification body in respect of such fee), carry out such checks, examinations and tests as are required for it to determine whether the electrical equipment conforms to the harmonised standards.
4
If, as a result of the checks, examinations and tests carried out in accordance with paragraph (3), the certification body determines that the equipment conforms to the harmonised standards it shall issue to the manufacturer a certificate of conformity attesting that the equipment conforms to the harmonised standards and shall draw up a report of its determination.
5
The certificate of conformity may be issued subject to such conditions as the certification body may reasonably stipulate.
Inspection certificates
5
1
A manufacturer of electrical equipment may apply to a certification body (which has been appointed for the purpose set out in regulation 3(1)(b) in respect of the electrical equipment for which the application is made) for an inspection certificate attesting that the electrical equipment which is the subject of the application offers a degree of safety at least equivalent to that of the harmonised standards.
2
The application shall be in writing and shall be accompanied by such information and documents as the certification body may reasonably require. Samples of the equipment to which the application relates and such other information and documents as the certification body may reasonably require shall be provided by the manufacturer when so requested by that body.
3
On receipt of an application for an inspection certificate in relation to electrical equipment, the certification body shall, on receipt of such fee as may be agreed between the certification body and the manufacturer (or on receipt of the acceptance by the manufacturer of the quotation given to him by the certification body in respect of such fee), carry out such checks, examinations and tests as are required for it to determine whether the electrical equipment which is the subject of the application offers a degree of safety at least equivalent to that of the harmonised standards.
4
If as a result of the checks, examinations and tests carried out in accordance with paragraph (3), the certification body determines that the equipment offers a degree of safety at least equivalent to that of the harmonised standards, it shall, in the case of electrical equipment for use in mines draw up a report of its determination, and in every case proceed in accordance with paragraphs (5) to (7).
5
The certification body shall send the specifications of the equipment, the inspection records, the draft inspection certificate and, in the case of electrical equipment for use in mines, the report of its determination to the other Member States or to their certification bodies or both which, within 4 months of receiving those documents, may submit comments, ask for additional inspections and where appropriate refer the matter to the Committee set up under Article 6 of the Framework Directive in accordance with Article 7 of that Directive or, in the case of electrical equipment for use in mines, to the Committee referred to in Article 6 of the Gassy Mines Directive in accordance with Article 7 of that Directive (in either case hereinafter referred to as “the Committee”).
6
If no Member State requests that the matter be referred to the Committee by the end of the period specified in paragraph (5), after considering the comments submitted in accordance with the procedure specified in that paragraph and if the results of any additional inspections requested are satisfactory, the certification body shall issue the inspection certificate.
7
If a Member State requests that the matter be referred to the Committee, the certification body shall not issue an inspection certificate unless it has received a favourable opinion from the Committee.
8
The inspection certificate may be issued subject to such conditions as the certification body may reasonably stipulate.
Refusal and withdrawal of certificates of conformity and inspection certificates
6
1
Where a certification body decides that it cannot issue a certificate of conformity or an inspection certificate it shall forthwith send the manufacturer a notice in writing of that decision.
2
The certification body which has issued the certificate of conformity or the inspection certificate may withdraw the certificate if it has reason to believe that —
a
the certificate should not have been issued;
b
the conditions stipulated by the certification body have not been complied with within a reasonable specified period; or
c
the electrical equipment distributed by the manufacturer is not in conformity with the certified design.
3
Where the certification body decides to withdraw a certificate of conformity or an inspection certificate it shall forthwith send the manufacturer a notice in writing of its decision.
4
Notices under paragraphs (1) and (3) shall —
a
state in detail the grounds on which the decision is based;
b
inform the manufacturer of his right to a review under regulation 7 and of the time-limit for making the application for review referred to in paragraph (1) of that regulation.
Review of decisions
7
1
Subject to paragraph (2), a manufacturer who is aggrieved by the decision of a certification body —
a
refusing to issue a certificate of conformity or an inspection certificate;
b
issuing him a certificate on or subject to any condition whereby he is aggrieved; or
c
withdrawing a certificate in accordance with regulation 6(2), may within 60 days of receiving notice of the decision apply to the Secretary of State for a review of the decision in accordance with the procedure set out in regulation 8.
2
Paragraph (1) shall not apply to the decision of a certification body refusing to issue an inspection certificate, if the sole reason for the decision is that the Committee referred to in regulation 5(5) had not reached a favourable opinion in relation to the application.
Procedure for review
8
1
An application for review shall be made in writing to the Secretary of State and shall state the grounds on which it is made and shall be accompanied by —
a
copies of the documents which the applicant provided to the certification body in connection with the application; and
b
a copy of the notice of the decision referred to in regulation 6(1), or as the case may be, in regulation 6(3).
2
On an application for review the Secretary of State may —
a
hold an enquiry in connection therewith; and
b
appoint one or more assessors for the purpose of assisting with the review or any such enquiry.
3
The Secretary of State may, in such cases as he considers it appropriate to do so, having regard to the nature of the questions which appear to him to arise, direct that an application for review under this regulation shall be heard, but not determined, on his behalf by a person appointed by him for that purpose.
4
Where an application for review is to be heard by a person appointed in pursuance of paragraph (3), he shall hold an enquiry in connection therewith, and at the conclusion of the enquiry he shall prepare his report comprising a summary of the evidence given or submitted at the enquiry together with his findings of fact and include therein his recommendations if any or his reason for not making any recommendation. He shall then send his report (together with all the documents and papers that he took into consideration in preparing his report) to the Secretary of State. After considering the report, all the relevant documents and papers, the Secretary of State shall determine the review.
5
On an application for review the Secretary of State shall have the power to do anything which a certification body is authorised or required to do under these Regulations. He shall, if he determines to find in favour of the manufacturer, grant the application, and shall require the certification body to issue the appropriate certificate subject to such conditions as the Secretary of State may stipulate and upon being so required the certification body shall issue the certificate forthwith.
6
A copy of the determination (and, where appropriate, of the report) shall be sent to each of the parties to the review.
7
The Secretary of State may pay to any person appointed to hear an application for review under this regulation on his behalf such remuneration and allowances as the Secretary of State may with the consent of the Treasury determine.
Notification to the European Commission and to Member States
9
1
The Secretary of State shall send to the European Commission and the other Member States a list of the certification bodies appointed by him under regulation 3(1) and shall immediately notify any change in that list.
2
A certification body shall send to —
a
the Secretary of State; and
b
the other Member States, a copy of the main points in any certificate of conformity or inspection certificate that it has issued within one month of issuing the certificate, and shall make available to them or any one or more of them on request copies of the reports drawn in accordance with regulation 4(4) or regulation 5(4).
3
Where a certification body decides to withdraw a certificate of conformity or an inspection certificate in accordance with regulation 6 (2), it shall forthwith notify its decision to the bodies specified in sub-paragraphs (a) and (b) of paragraph (2), stating the grounds for the decision.
Access to place of manufacture
10
1
The manufacturer of electrical equipment which is the subject of an application for a certificate of conformity or of an inspection certificate shall allow the certification body reasonable access to the place where the equipment is manufactured if such access is essential to assist the proper determination of the application.
2
The manufacturer shall also allow the certification body reasonable access to the place where the equipment is manufactured for the purpose specified in regulation 3(1)(c).
Use of the distinctive Community mark
11
1
Where a certificate of conformity or an inspection certificate relating to electrical equipment is in force, the manufacturer of that equipment may affix to it the appropriate distinctive Community mark that is to say, —
a
for electrical equipment to which the Framework Directive applies, that specified in Annex II to the First Specific Directive and such mark shall have effect as described in paragraph 1 of Article 10 of that Directive;
b
for electrical equipment to which the Gassy Mines Directive applies, that specified in Annex C to the Gassy Mines Directive and such mark shall attest in accordance with paragraph 1 of Article 11 of that Directive.
2
Where required by the certificate of conformity or inspection certificate, the manufacturer shall ensure that when equipment is supplied, it is accompanied by instructions defining the special conditions governing its use.
3
The manufacturer shall not affix to electrical equipment the appropriate distinctive Community mark unless there is in force the appropriate certificate of conformity or the appropriate inspection certificate in relation to that equipment and the equipment complies in all respects with the terms of the relevant certificate.
4
No person shall affix to electrical equipment any mark which is liable to be confused with the appropriate distinctive Community mark.
5
Paragraphs (3) and (4) shall have effect as if they were health and safety regulations made under section 15 of the Health and Safety at Work etc. Act 1974 and the provisions of that Act as regards enforcement and offences shall apply to those paragraphs.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
8th January 1990


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) (Amendment) Regulations 1990 and shall come into force on 1st January 1991.
2
These Regulations extend to England and Wales.
Amendment of previous regulations — general
2
The Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) Regulations 1988 shall be amended as specified in the following provisions of these Regulations and any reference in those provisions to any specified provision shall, unless the context requires otherwise, be taken to be a reference to the provision so specified in the Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) Regulations 1988.
Amendment of Regulation 4
3
At the end of Regulation 4 (labelling and presentation) there shall be added the following paragraphs:
3
No person shall sell to the ultimate consumer (as defined in Schedule 4) any semi-skimmed milk or skimmed milk after the date shown in a “use by” date (as referred to in that Schedule) relating to it.
4
No person, being a person other than whichever of the milk processor, packer or seller established within the European Economic Community was originally responsible for so marking the semi-skimmed or skimmed milk, shall alter the indication of minimum durability or, as the case may be, the “use by” date relating to that semi-skimmed or skimmed milk.
5
In any proceedings for an offence under paragraph (4) above it shall be a defence for the person charged to prove that each alteration in respect of which the offence is alleged was effected under the written authorisation of a person capable of effecting that alteration without contravention of that provision
.
Amendment of Schedule 4, paragraph 1
4
In Schedule 4, paragraph 1 (general labelling requirements), for sub-paragraph (b) there shall be substituted the following sub-paragraph:
b
the appropriate durability indication, that is to say —
i
in the case of milk other than one specified in paragraph (ii) of this sub-paragraph, an indication of minimum durability;
ii
in the case of milk which, from the microbiological point of view, is highly perishable and in consequence likely after a short period to constitute an immediate danger to human health, a “use by” date;
Amendment of Schedule 4, paragraph 3
5
In Schedule 4, paragraph 3, sub-paragraphs (4) and (5) shall be deleted.
Insertion of paragraph 3A in Schedule 4
6
Immediately following paragraph 3 of Schedule 4 there shall be inserted the following paragraph:
Form of indication of “use by” date
3A
1
Where a “use by” date is required in respect of semi-skimmed or skimmed milk it shall be indicated by —
a
the words “use by” followed by the date up to and including which the food, if properly stored, is recommended for use, and
b
any storage conditions which need to be observed.
2
The “use by” date shall be expressed in terms either of a day and a month (in that order) or of a day, a month and a year (in that order).
3
The date up to and including which semi-skimmed or skimmed milk required to bear a “use by” date is recommended for use may appear separately from the words “use by” provided that those words are followed by a reference to the place where that date appears.
.
Amendment of Schedule 4, paragraph 4
7
In Schedule 4, paragraph 4 (field of vision), for the words “indication of minimum durability” wherever they appear there shall be substituted the words “appropriate durability indication”.
Transitional Provision
8
It shall not be an offence under the Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) Regulations 1988 to sell before 1st July 1991 any milk which is not marked or labelled with the appropriate durability indication referred to in Schedule 4, paragraph 1(b), in circumstances in which that milk is marked or labelled in accordance with what would have been the requirements of Schedule 4, paragraph 3, had these Regulations not come into force.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th December 1990.
John Selwyn Gummer
Ministry of Agriculture, Fisheries and Food
Stephen Dorrell
Parliamentary Under Secretary of State for Health
10th December 1990
David Hunt
Secretary of State for Wales
7th December 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Charges and Non-Domestic Rating (Demand Notices) (England) Regulations 1990 and shall come into force on 7th February 1990.
2
In these Regulations–
“ the Act ” means the Local Government Finance Act 1988;
“appropriate levying body” in relation to an English charging authority means a passenger transport authority, the Broads Authority or the National Rivers Authority, insofar as the authority has power to issue a levy to the charging authority, or has power to issue a levy to a county council having power to issue a precept to the charging authority;
“charging authority” does not include a special authority;
“community charge demand notice” means a demand notice within the meaning of Part III of the Community Charges (Administration and Enforcement) Regulations 1989 which is given by an English charging authority (including such a notice given pursuant to the Community Charges (Co-owners) Regulations 1990 );
“the distribution report” means the report entitled the Revenue Support Grant Distribution Report (England) made on 20th December 1989 by the Secretary of State for the Environment under section 80 of the Act;
“rate demand notice” means a demand notice within the meaning of Part II of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 which is given by an English charging authority (including such a notice given pursuant to Part II of the Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1990 (joint owners and occupiers));
“the relevant charge” in relation to a notice and a charging authority means the amount set by the authority under section 32, 34 or 35 of the Act which is applicable to the notice, or which would be so applicable but for any provision of the Personal Community Charge (Relief) (England) Regulations 1990 ;
“the relevant year” in relation to a notice means the chargeable financial year to which the demand for payment made by it relates;
“the special grant report” means the report made on 20th December 1989 by the Secretary of State for Education and Science and on 21st December 1989 by the Secretary of State for the Environment under section 146 of the Local Goverment and Housing Act 1989 ; and
“specific grants” means grants or subsidies which fall to be credited to revenue account and which are paid out of monies provided by Parliament, other than grants or subsidies which fall to be paid into a collection fund under section 90(1) of the Act.
Form and content of demand notices, etc.
2
1
A community charge demand notice shall–
a
where it relates to a personal community charge and the amount demanded under it is not calculated by reference to section 13 of the Act, be in the form specified as (and accordingly contain the matters specified in) form A in Part I of Schedule 1,
b
where it relates to a personal community charge and the amount demanded under it is calculated by reference to section 13 of the Act, be in the form specified as (and accordingly contain the matters specified in) form B in that Part;
c
where it relates to a standard community charge, be in the form specified as (and accordingly contain the matters specified in) form C in that Part;
d
where it relates to a collective community charge, be in the form specified as (and accordingly contain the matters specified in) form D in that Part.
2
Part II of Schedule 1 (calculation and identification of certain matters to be contained in community charge demand notice) and Part III of that Schedule (interpretation, etc.) shall have effect for the purposes of Part I of that Schedule.
3
A rate demand notice shall contain the matters mentioned in Schedule 2.
4
An English charging authority must supply the information mentioned in Part I of Schedule 3 when it serves a community charge demand notice, and must supply the information mentioned in part II of that Schedule when it serves a rate demand notice; and Part III of that Schedule (interpretation, etc.) shall have effect for the purposes of those Parts I and II.
Invalid notices
3
1
Where–
a
a notice is invalid because it does not comply with regulation 2(1),
b
the failure so to comply was due to a mistake, and
c
the amounts required to be paid under the notice were demanded in accordance with Part III of the Community Charges (Administration and Enforcement) Regulations 1989 (as may be applied in any case by the Community Charges (Co-owners) Regulations 1990),
the requirement to pay those amounts shall nevertheless have effect as if the notice were valid.
2
Where a requirement to pay an amount under an invalid notice has effect by virtue of paragraph (1), the charging authority which issued the notice shall as soon as practicable after the mistake is discovered issue to the chargeable person concerned a document in the form which the notice would have taken (and containing the matters it would have contained) if it had complied with regulation 2(1).
3
Where–
a
a notice is invalid because it does not comply with regulation 2(3),
b
the failure so to comply was due to a mistake, and
c
the amounts required to be paid under the notice were demanded in accordance with Part II of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (as may be applied in any case by Part II of the Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1990,
the requirement to pay those amounts shall nevertheless have effect as if the notice were valid.
4
Where a requirement to pay an amount under an invalid notice has effect by virtue of paragraph (3), the charging authority which issued the notice shall as soon as practicable after the mistake is discovered issue to the ratepayer concerned a statement of the matters which were not contained in the notice and which should have been so contained.
Supply of information by precepting authorities
4
1
In order that an English charging authority may fulfil the duty under regulation 2 to have matters contained in a community charge demand notice issued by it in relation to a chargeable financial year, and to supply information with such a notice or a rate demand notice, subject to paragraphs (3) to (7) every English precepting authority shall, when it issues a precept to a charging authority for the year (whether original or substitute), supply the charging authority with the information specified in paragraph (2).
2
The information is information, as regards the precepting authority and the precept concerned, as to–
a
the estimates mentioned in paragraphs 1, 9, 10 and 11 of Part I of Schedule 3;
b
the matters mentioned in paragraphs 3, 7 and 8 of that Part;
c
the sum of the amounts of specific grants mentioned in paragraph 16(c) and (d) of Part II of Schedule 1 (after division of each such amount by the relevant population so mentioned);
d
the sum of the amounts of fees, charges, other income and reserves mentioned in paragraph 17(c) and (d) of that Part (after division of each such amount by the relevant population so mentioned);
e
the name of every appropriate levying body which has issued a levy to it that was taken into account in calculating the amount of the precept, together with the amount of the levy and information as to whether any of it was not treated as special expenses of the authority.
3
Information need not be supplied by a precepting authority, as regards the issue of a precept for the chargeable financial year beginning in 1990, with respect to the matter mentioned in paragraph 7 of Part I of Schedule 3.
4
Information need not be supplied by a precepting authority, as regards the issue of a precept for a financial year beginning in or after 1991, with respect to the estimates mentioned in paragraphs 1, 9 and 11 of Part I of Schedule 3 insofar as that information would (by virtue of paragraph 3 of Part III of that Schedule) be repetitive of information given as regards a precept issued for the preceding financial year.
5
Information need not be supplied when a substitute precept is issued to a charging authority if it is not one which would require the charging authority to set a substitute amount under section 35 of the Act; but if in such a case the charging authority subsequently notifies the precepting authority that it has set or proposes to set an amount for its personal community charge by reference to the substitute precept, the precepting authority shall (subject to paragraphs (3), (4), (6) and (7)) supply that information as regards the substitute precept as soon as practicable after that notification is given.
6
Information need not be supplied by a precepting authority as regards the issue of a substitute precept for a financial year insofar as it would be repetitive of information given with respect to the preceding financial year on the occasion of the issue of the earlier precept for the first-mentioned financial year.
7
Information need not be supplied by a precepting authority if, by virtue of the proviso to the definition of “relevant precepting authority” in paragraph 8 of Part III of Schedule 3, it would not fall to be supplied by the charging authority when it serves a demand notice.
Supply of information by the Secretary of State
5
In order that an English charging authority may fulfil the duty under regulation 2 to have matters contained in a community charge demand notice issued by it in relation to a chargeable financial year, the Secretary of State shall, as soon as practicable after he has made the calculation of revenue support grant for the year for the authority under section 82 of the Act, supply the charging authority with information as to the amount of–
a
the community charge for standard spending mentioned in paragraph 1 of Part II of Schedule 1; and
b
the standard spending assessments per head mentioned in paragraph 11 of that Part for the charging authority, and (subject to paragraph 2(5) of Part III of that Schedule) for each appropriate precepting authority, being the assessments per head for the whole of their areas or (as the case may be) for every part of their areas for which there are different such assessments per head.
Supply of information by levying bodies
6
1
In order that an English charging authority may fulfil the duty under regulation 2 to supply information with a community charge or rate demand notice issued by it in relation to a chargeable financial year, subject to paragraphs (6), (7) and (9) every appropriate levying body shall, when it first issues a levy to an English county council or an English charging authority for the year, supply the charging authorities to which the county council concerned has power to issue a precept and in whose areas the body carries out functions, or (as the case may be) the charging authority to which the levy is issued, with the information specified in paragraph (5).
2
In order that an English charging authority may fulfil the duty mentioned in paragraph (1), subject to paragraphs (6), (7) and (9) an appropriate levying body shall, after it has first issued a levy to an English county council for a year, supply any charging authority to which paragraph (1) does not apply, but which notifies the body that it has set or proposes to set an amount for its personal community charge by reference to the levy, with the information specified in paragraph (5).
3
In order that an English charging authority may fulfil the duty mentioned in paragraph (1), subject to paragraphs (6) to (9) an appropriate levying body shall, after it has issued a substitute levy for a year, supply any charging authority which notifies the body that it has set or proposes to set an amount for its personal community charge by reference to the substitute levy, with the information specified in paragraph (5).
4
Information shall be supplied under paragraph (2) or (3) as soon as practicable after the notification is given.
5
The information is information, as regards the appropriate levying body and the levy concerned, as to–
a
the estimates mentioned in paragraphs 2, 9, 10 and 11 of Part I of Schedule 3; and
b
the matters mentioned in paragraphs 3 and 7 of that Part.
6
Information need not be supplied by an appropriate levying body, as regards the issue of a levy for the financial year beginning in 1990, with respect to the matter mentioned in paragraph 7 of Part I of Schedule 3.
7
Information need not be supplied by an appropriate levying body, as regards the issue of a levy for a financial year beginning in or after 1991, with respect to the estimates mentioned in paragraph 2, 9 and 11 of Part I of Schedule 3 insofar as that information would (by virtue of paragraph 3 of Part III of that Schedule) be repetitive of information given as regards a levy issued for the preceding financial year.
8
Information need not be supplied by an appropriate levying body as regards the issue of a substitute levy for a financial year insofar as it would be repetitive of information given with respect to the preceding financial year on the occasion of an earlier levy for the first-mentioned financial year.
9
Information need not be supplied by an appropriate levying body if, by virtue of the proviso to the definition of “relevant levying body” in paragraph 8 of Part III of Schedule 3, it would not fall to be supplied by the charging authority when it serves a demand notice.
10
The circumstances in which the personal community charge of a charging authority is to be treated as set by reference to a levy for the purposes of paragraphs (2) and (3) include the setting of the charge by reference to an amount included in a precept, where the amount is attributable to a levy.
Transitional provision
7
1
Subject to paragraph (3), where a precept or levy has been issued before the day on which these Regulations come into force (“the relevant day”), the information which would have been supplied to a charging authority under regulation 4 or 6 if the regulations were then in force shall be supplied within 7 days of the relevant day.
2
Subject to paragraph (3), as regards information to be supplied under regulation 5 with respect to the year beginning in 1990, references in that regulation to the making of the calculation of revenue support grant for the year shall be construed as references to the relevant day.
3
Information need not be supplied under paragraph (1) or (2) on or after the relevant day if it was supplied voluntarily before that day.
Chris Patten
Secretary of State for the Environment
5th February 1990


text:
Title and commencement
1
This Order may be cited as the Home-Grown Cereals Authority Oilseeds Levy Scheme (Approval) Order 1990, and shall come into force on 1st July 1990.
Approval of Scheme under section 16 of the Cereals Marketing Act 1965
2
The Scheme is approved without modification and is set out in the Schedule to this Order.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 8th May 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
8th May 1990
Peter Brooke
Secretary of State for Northern Ireland
10th May 1990
David Hunt
Secretary of State for Wales
9th May 1990


text:
PART I
PRELIMINARY
Citation, commencement and revocation
1
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990 and shall come into force on 1st April 1991.
2
Regulation 26 of the Heavy Goods Vehicles (Drivers' Licences) Regulations 1977 and regulations 17 to 20 of the Public Service Vehicles (Drivers' Licences) Regulations 1985 , and the other provisions of those Regulations in so far as relating to the said regulation 26 and regulations 17 to 20, are hereby revoked.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1981 Act ” means the Public Passenger Vehicles Act 1981;
“the 1988 Act ” means the Road Traffic Act 1988;
“the 1989 Act ” means the Road Traffic (Driver Licensing and Information Systems) Act 1989;
“existing licence”, “existing heavy goods vehicle licence” and “existing public service vehicle licence” have the same meaning as in Part I of Schedule 1 to the 1989 Act;
“full” with reference to an ordinary driving licence or a large goods vehicle or passenger-carrying vehicle driver’s licence or an existing heavy goods vehicle licence means such a licence other than a provisional licence;
“heavy goods vehicle” has the same meaning as it had for the purposes of Part IV of the 1988 Act before its repeal by section 1 of the 1989 Act;
“holder”, in relation to a licence, means the person to whom the licence was granted;
“hgv trainee driver’s licence” means an existing heavy goods vehicle licence which —
is a licence to drive heavy goods vehicles of class 1, 1A, 2, 2A, 3 or 3A or any combination thereof,
was applied for by a person under the age of 21 on the date of the application, and
has effect for a period during the whole or part of which the holder is under the age of 21;
“licence” means a large goods vehicle driver’s licence or a passenger-carrying vehicle driver’s licence;
“lgv trainee driver’s licence” means a large goods vehicle driver’s licence which —
is a licence to drive large goods vehicles of category C or C plus E or both,
was applied for by a person under the age of 21 on the date of the application, and
has effect for a period during the whole or part of which the holder is under the age of 21;
“maximum authorised mass” has the same meaning —
in relation to goods vehicles as “permissible maximum weight” in section 108(1) of the 1988 Act, and
in relation to any other vehicle or trailer as “maximum gross weight” in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986
“Northern Ireland ordinary driving licence” means a licence to drive a motor vehicle granted under the law for the time being in force in Northern Ireland equivalent to Part III of the 1988 Act but does not include such a licence in so far as it authorises a person to drive large goods vehicles or passenger-carrying vehicles of any category;
“ordinary driving licence” means a licence to drive a motor vehicle granted under Part III of the 1988 Act other than a large goods vehicle or passenger-carrying vehicle driver’s licence;
“penalty points” means penalty points endorsed on an ordinary driving licence or the counterpart of an ordinary driving licence pursuant to sections 28 and 29 of the Road Traffic Offenders Act 1988 or counted as having been so endorsed pursuant to paragraph 7(3) of Schedule 4 to the Road Traffic (Consequential Provisions) Act 1988 ;
“ PSV operator’s licence” and “public service vehicle” have the meanings given by section 82(1) of the 1981 Act;
“registered” means registered for the time being by the Training Committee in accordance with the relevant provisions of the training scheme;
“relevant endorsement” means an endorsement on a Northern Ireland ordinary driving licence or its counterpart of particulars of a conviction in pursuance of those provisions for the time being in force in Northern Ireland that correspond to sections 44 and 45 of the Road Traffic Offenders Act 1988 ;
“standard” in relation to an existing heavy goods vehicle licence or a large goods vehicle driver’s licence means such a licence which is not an hgv trainee driver’s licence or an lgv trainee driver’s licence as the case may be;
“test” means a test of competence to drive large goods vehicles or passenger-carrying vehicles, as the case may be, of any category, being a test for which provision is made under section 89(3) of the 1988 Act;
“traffic commissioner” means in relation to an applicant for or the holder of a licence the traffic commissioner in whose area the applicant or holder resides except in relation to service personnel to whom section 183(6) of the 1988 Act and regulation 23 applies;
“training agreement” in relation to an individual who is undergoing, or is to undergo, lgv driver training, means his agreement therefor with his registered employer in pursuance of the training scheme;
“the Training Committee” means the Committee which has been established by the employers' associations and the trade unions in the road goods transport industry with a constitution approved by the Secretary of State and which is known as the National Joint Training Committee for Young LGV Drivers in the Road Goods Transport Industry;
“the training scheme” means the scheme which has been established by the Training Committee with the approval of the Secretary of State (given for the purpose of regulations under section 120 of the 1988 Act) for training young drivers of large goods vehicles and which provides for —
the registration by the Training Committee of employers who are willing and able to provide lgv driver training for persons employed by them;
the registration by the Training Committee of persons operating establish-ments for providing lgv driver training;
a syllabus for lgv driver training; and
the registration by the Training Committee of individual employees who are undergoing, or are to undergo, lgv driver training in the service of a registered employer in accordance with a form of agreement approved by the Training Committee;
“vehicle with automatic transmission” means a vehicle in which the driver is not provided with any means whereby he may, independently of the use of the accelerator or the brakes, vary gradually the proportion of the power being produced by the engine which is transmitted to the road wheels of the vehicle.
2
In these Regulations, unless the context otherwise requires, any reference to a class of heavy goods or public service vehicle is a reference to a class defined in column (2) in Part I or II , as the case may be, of Schedule 1 to the Motor Vehicles (Driving Licences) (Heavy Goods and Public Service Vehicles) Regulations 1990 , and in the case of a class identified by a number in relation to that number and any reference to a category of vehicle is a reference to a category specified in column (2) of Schedule 1 or column (2) of Schedule 3 to the Motor Vehicles (Driving Licences) Regulations 1987 , and in the case of a category identified by a letter in relation to that letter.
3
In these Regulations, unless the context otherwise requires, a reference to a regulation or Schedule followed by a number is a reference to the regulation or Schedule bearing that number in these Regulations, and a reference to a paragraph followed by a number is a reference to the paragraph bearing that number in the regulation in which it appears.
Application
3
1
These Regulations apply in respect of large goods or passenger-carrying vehicle drivers' licences and tests of competence to drive large goods or passenger-carrying vehicles except those falling within categories C1 and D1.
2
The Motor Vehicles (Driving Licences) Regulations 1987, except regulations 4, 7 (in so far as it applies to exchange and duplicate licences), 11(1)(a), 12, 13, 24, 25 and 26 and the other provisions of the 1987 Regulations, in so far as applicable to those regulations, shall not apply in respect of large goods or passenger-carrying vehicle drivers' licences or tests of competence to drive large goods or passenger-carrying vehicles in respect of which these Regulations apply.
PART II
LICENCES
Applications for the grant of licences
4
A person who desires to obtain the grant of a licence shall —
a
submit his application not more than three months before the date on which the licence is to take effect; and
b
send with his application —
i
if required by the Secretary of State, a certificate, in such form as the Secretary of State may require, that has been signed by a registered medical practitioner not more than four months prior to the date on which the licence is to take effect,
ii
if required by the Secretary of State, any ordinary driving licence, Northern Ireland driving licence or existing licence held by him,
iii
a pass certificate showing that he has passed the test within the relevant period for the category of vehicles which the licence applied for will authorise him to drive, except in the case of an application for a provisional licence or where he is entitled to the grant of a licence by having held a previous licence as set out in sections 89 and 89A of the 1988 Act, and
iv
in the case of an application for a licence to drive the vehicles in category D specified in regulation 28(1) by an applicant who relies upon that regulation, a certificate, in such form as the Secretary of State may require to the effect that he has been regularly driving vehicles in category D with more than 16 seats in addition to the driver’s seat during the period of three years immediately preceding his application for such a licence.
Qualifications of applicants
5
1
An applicant for a licence shall when the licence is granted have the following qualifications —
a
he must not be a person who —
i
subject to paragraph (3), holds a licence which has been suspended or a Northern Ireland large goods or passenger-carrying vehicle driver’s licence which has been suspended, whether (in either case) the suspension has effect under section 115 of the 1988 Act or under the provision of the law for the time being in force in Northern Ireland that corresponds to that section;
ii
subject to paragraph (3), is disqualified for holding or obtaining a licence or a Northern Ireland large goods or passenger-carrying vehicle driver’s licence, whether (in either case) the disqualification has effect under section 117 of the 1988 Act or under the provision of the law for the time being in force in Northern Ireland that corresponds to that section;
iii
is disqualified by a court for holding or obtaining an ordinary driving licence or by a court in Northern Ireland for holding or obtaining a Northern Ireland ordinary driving licence;
iv
is disqualified by reason of his age for holding or obtaining a licence to drive any of the vehicles in the category of vehicles to which the licence is to relate; or
v
would hold more than one large goods vehicle driver’s licence or such a licence and a Northern Ireland licence, British external licence, British Forces licence, exchangeable licence or existing licence authorising him to drive large goods vehicles of any category or would hold more than one passenger-carrying vehicle driver’s licence or such a licence and a Northern Ireland licence, British external licence, British Forces licence, exchangeable licence or existing licence authorising him to drive passenger-carrying vehicles of any category;
b
he shall hold a full ordinary driving licence or a full Northern Ireland ordinary driving licence authorising him to drive motor vehicles in category B or he shall be authorised to drive motor vehicles in category B as a full licence holder by virtue of section 88 of the 1988 Act (licence applied for or surrendered for correction of particulars, etc. ), or any corresponding Northern Ireland provision or by having passed a test for that category; and
c
in the case of an applicant for an lgv trainee driver’s licence —
i
the licence referred to in sub-paragraph (b) above or its counterpart shall be free from any penalty points or relevant endorsements,
ii
he shall be a person who is a registered employee of a registered employer.
2
Paragraph (1)(b) above shall not apply in the case of an applicant who is a full-time member of the armed forces of the Crown.
3
A person is qualified to apply for a large goods vehicle driver’s licence notwithstanding that when the licence is granted his passenger-carrying vehicle driver’s licence is suspended or he is disqualified for holding or obtaining such a licence if such suspension or disqualification relates to his conduct other than as a driver of a motor vehicle.
Disabilities
6
1
The following disabilities are prescribed as relevant disabilities for the purposes of section 92(2) of the 1988 Act in relation to large goods vehicle or passenger-carrying vehicle drivers' licences (in addition to the disabilities prescribed by regulation 24 of the Motor Vehicles (Driving Licences) Regulations 1987) —
a
an epileptic attack since attaining the age of 5 years;
b
abnormal sight in one or both eyes where —
i
in the case of a person who held an existing licence on 1st January 1983 and who holds such a licence on 1st April 1991, the visual acuity is worse than 6/12 with the better eye and worse than 6/36 with the other eye and, if corrective lenses are worn, the uncorrected acuity in each eye is worse than 3/60, or
ii
in any other case, the visual acuity is worse than 6/9 in the better eye and worse than 6/12 in the other eye and, if corrective lenses are worn, the uncorrected acuity in each eye is worse than 3/60;
c
sight in only one eye unless —
i
in the case of a person who held an existing licence on 1st January 1983 and who holds such a licence on 1st April 1991 the traffic commissioner in whose area he resides or the traffic commissioner who granted the last-mentioned licence knew of the disability before 1st January 1991 and the visual acuity in that eye is no worse than 6/12, or
ii
in the case of a person who did not hold an existing licence on 1st January 1983 but who holds an existing licence on 1st April 1991 the traffic commissioner in whose area he resides or the traffic commissioner who granted the last-mentioned licence knew of the disability before 1st January 1991 and the visual acuity in that eye is no worse than 6/9;
d
diabetes subject to insulin treatment unless the person in question held, on 1st April 1991, an existing licence and the traffic commissioner in whose area he resides or the traffic commissioner who granted the licence knew of the disability before 1st January 1991.
2
In this regulation references to measurements of visual acuity are references to visual acuity measured on the Snellen Scale.
Grant of licences subject to a limitation
7
Where an applicant for a provisional licence —
a
holds an ordinary driving licence which contains a provision under section 92(7) or 97(3) of the 1988 Act limiting the applicant to the driving of vehicles of a particular construction or design or class only; or
b
holds a Northern Ireland ordinary driving licence which contains a similar provision under the law for the time being in force in Northern Ireland that corresponds to the said section 92(7) or 97(3);
any such licence granted to the applicant to drive large goods vehicles or passenger-carrying vehicles of any category shall contain a corresponding limitation.
Correspondences
8
For the purposes of section 89A of the 1988 Act, a class of heavy goods vehicle or public service vehicle or a test of competence to drive heavy goods vehicles or public service vehicles of a class specified in column (1) of Part I or Part II, as the case may be, of the table in Schedule 2 corresponds to a category of large goods vehicle or passenger-carrying vehicle or a test of competence to drive a category of large goods vehicle or passenger-carrying vehicle, as the case may be, specified in column (2) of Part I or Part II of that table, and in respect of an existing heavy goods vehicle licence for vehicles in class 3 or 3A which is restricted to vehicles having a permissible maximum weight not exceeding 10 tonnes by virtue of —
a
paragraph 3(3) and (5) of Schedule 2 to the Road Traffic (Drivers' Ages and Hours of Work) Act 1976 ; or
b
paragraph (1) or (2) of regulation 31 of the Heavy Goods Vehicles (Drivers' Licences) Regulations 1977 before they ceased to have effect with the repeal of Part IV of the 1988 Act by section 1 of the 1989 Act,
without any such restriction.
Fees for licences
9
1
Subject to paragraph (2) below, the fees for the grant of licences shall be as set out in Schedule 3.
2
When an application for more than one licence is made at the same time only the highest fee prescribed by paragraph (1) above shall be payable on the grant of the licences and when an application for a licence and for an ordinary driving licence is made at the same time only the highest fee prescribed by that paragraph or by regulation 7 of the Motor Vehicles (Driving Licences) Regulations 1987 shall be so payable.
Provisional licences and provisional entitlement
10
1
The entitlement to drive vehicles in category C, D, C plus E or D plus E subject to the same conditions as a provisional licence holder conferred by section 98(2) and (3) of the 1988 Act shall not apply in the case of the holder of a full licence to drive vehicles of category B.
2
The entitlement to drive vehicles in category C or C plus E subject to the same conditions as a provisional licence holder conferred by section 98(2) and (3) of the 1988 Act shall not apply in the case of the holder of a full licence to drive vehicles of category D or D plus E, and the entitlement to drive vehicles in category D or D plus E subject to those conditions shall not apply in the case of the holder of a full licence to drive vehicles of category C or C plus E.
3
Subject to paragraph (5), a large goods vehicle or passenger-carrying vehicle driver’s licence issued as a provisional licence, including a full licence which is treated as a provisional licence under section 98(2) and (3), shall be subject to the following conditions prescribed for the purposes of section 114(1) of the 1988 Act, that is to say, the holder shall not drive a vehicle of any category which he may drive by virtue of the licence —
a
otherwise than under the supervision of a person who is present with him in the vehicle and who holds a full licence or a full existing licence to drive the vehicle; and
b
unless there is clearly displayed in a conspicuous manner on the front and on the back of the vehicle a distinguishing mark —
i
before a date 5 years after these Regulations come into force, in either form A or B set out in Schedule 4, or
ii
on or after that date, in form B only.
4
A passenger-carrying vehicle driver’s licence issued as a provisional licence, including a licence which is treated as a provisional licence under section 98(2) and (3), shall be subject to the condition prescribed for the purposes of section 114(1) of the 1988 Act that the holder shall not drive a passenger-carrying vehicle which he may drive by virtue of the licence while carrying any passenger in the vehicle other than the person specified in paragraph (3)(a) above or in regulation 18(5).
5
The condition specified in paragraph (3)(a) shall not apply whilst the holder of a provisional licence is undergoing a test and none of the conditions specified in the said paragraph (3) nor the condition in paragraph (4) shall apply in relation to the driving of a vehicle of any category where the holder of the licence has passed a test for a vehicle of that category.
6
This regulation shall not apply to lgv trainee drivers and lgv trainee drivers' licences.
Large goods vehicles drivers' licences issued to persons under the age of 21
11
1
A large goods vehicle driver’s licence issued to a person under the age of 21 shall be subject to the following conditions prescribed for the purposes of section 114(1) of the 1988 Act —
a
in the case of a full-time member of the armed forces of the Crown, that he shall not drive a large goods vehicle of any category otherwise than for naval, military or air force purposes; and
b
in the case of the holder of an lgv trainee driver’s licence, that he shall not drive a large goods vehicle of any category for which the licence is issued or for which by virtue of subsections (2) and (3) of section 98 of the 1988 Act (which authorise holders of full licences for certain classes of vehicles to drive all other classes subject to provisional licence conditions) the licence is treated as a provisional licence, unless the holder is the registered employee of a registered employer and either —
i
the vehicle is a large goods vehicle of a category to which his training agreement applies and is owned or operated by that registered employer or by a registered lgv driver training establishment, or
ii
the holder is a part-time member of the armed forces of the Crown and the vehicle is owned by the Secretary of State for Defence and used for naval, military or air force purposes, and
c
in the case of the holder of an lgv trainee driver’s full licence, that he shall not drive a vehicle of any category for which the licence is issued if the vehicle is being used to draw a trailer, otherwise than under the supervision of a person who is present with him in the vehicle and who holds a full standard licence or a full standard existing licence to drive the vehicle.
2
In the case of an lgv trainee driver’s full licence to drive large goods vehicles of category C, the provisions of subsections (2) and (3) of section 98 of the 1988 Act shall apply in respect of category C plus E after the expiration of the period of two years from the date on which he passed the test to drive large goods vehicles of category C.
3
The holder of an hgv trainee driver’s full licence to drive heavy goods vehicles of class 2 or 3 may, on surrendering that licence and paying the fee prescribed in Schedule 3, apply for an lgv trainee driver’s licence which will be a full lgv trainee driver’s licence to drive large goods vehicles of category C and which, two years from the date on which he passed the test to drive heavy goods vehicles of class 3, will also act as an lgv trainee driver’s provisional licence to drive vehicles of category C plus E.
4
Subject to paragraphs (5), (6) and (7), an lgv trainee driver’s provisional licence, including an lgv trainee driver’s full licence which is treated as an lgv trainee driver’s provisional licence by virtue of subsections (2) and (3) of section 98 of the 1988 Act, shall be subject to the following conditions (additional to that required by paragraph (1)), that is to say, that the holder shall not drive a large goods vehicle of any category which he may drive by virtue of the licence —
a
otherwise than under the supervision of a person who is present with him in the vehicle and who holds a full standard licence or a full standard existing licence to drive the vehicle; and
b
unless there is clearly displayed in a conspicuous manner on the front and on the back of the vehicle a distinguishing mark —
i
before a date 5 years after these Regulations come into force, in either form A or B set out in Schedule 4, or
ii
on or after that date, in form B; and
c
if the vehicle is being used to draw a trailer, unless the licence is for category C plus E and the combination of vehicle and trailer would fall within that category.
5
The condition specified in paragraph (4)(a) shall not apply while the holder of the licence is undergoing a test.
6
Where the holder of an lgv trainee driver’s provisional licence (including a full licence which is treated as a provisional licence as mentioned above) has passed a test for a category of large goods vehicle for which the licence is, or is treated as, a provisional licence the conditions specified in paragraph (4) (except (a) where the vehicle is in category C and is being used to tow a trailer or is in category C plus E) shall not apply so far as regards the driving of a vehicle in that category.
Obligatory revocation of large goods vehicle drivers' licences and disqualification on revocation
12
1
The prescribed circumstances for the purposes of section 115(1)(a) of the 1988 Act (obligatory revocation of licence) are that, in the case of the holder of a large goods vehicle driver’s licence who is under the age of 21, the counterpart of his ordinary driving licence bears more than three penalty points.
2
Where a large goods vehicle driver’s licence is revoked under section 115(1)(a) the cases in which the person whose licence has been revoked must be disqualified indefinitely or for a period, shall be determined by the Secretary of State.
3
Where the Secretary of State determines that a person whose licence has been revoked under section 115(1)(a) is to be disqualified for a period he shall be disqualified until he reaches 21 years of age or for such longer period as the Secretary of State may determine.
Removal of disqualification
13
1
Subject to paragraph (2) and (3), the Secretary of State may remove a disqualification under section 117(4) of the 1988 Act, after consultation with the traffic commissioner in cases which had been referred to him, if the application for the removal of the disqualification is made after the expiration of whichever is relevant of the following periods from the commencement of the disqualification, that is to say —
a
two years, if the disqualification is for less than four years;
b
one half of the period of the disqualification, if it is for less than ten years, but not less than four years;
c
five years in any other case, including disqualification for an indefinite period.
2
The applicant must have incurred no futher penalty points or relevant endorsements.
3
Where an application under paragraph (1) for the removal, under section 117(4) of the 1988 Act, of a disqualification is refused, a further such application shall not be entertained if made within three months after the date of refusal.
Prescribed classes of goods and passenger-carrying vehicles
14
For the purposes of sections 89A(3) and (5), 99(1) and (1A) and 117(7) of the 1988 Act, the prescribed classes of goods vehicles or large goods vehicles are those in categories C and C plus E and the prescribed classes of passenger-carrying vehicles are those in categories D and D plus E.
PART III
TESTS OF COMPETENCE
Applications for tests
15
1
A person who desires to take a test to be conducted by an examiner appointed under regulation 19(1)(a) shall apply for an appointment for a test to the Secretary of State at any office of the Driving Standards Agency.
2
An applicant for such an appointment shall, when making the application, specify the category of vehicle in respect of which he desires to take the test and pay a fee of £45.
Qualifications of applicants for tests
16
An applicant for a test shall be a person who is the holder of a provisional large goods vehicle or passenger-carrying vehicle driver’s licence or a provisional heavy goods vehicle licence, or a full licence which is treated as such a provisional licence, entitling him to drive a vehicle or vehicles in the category of vehicles in respect of which he desires to take the test.
Nature of tests
17
The test which a person is required to pass before a full licence can be granted to him authorising him to drive a large goods vehicle or passenger-carrying vehicle of a particular category shall be a test carried out on a vehicle of that category, being a test which satisfies the examiner —
a
that the candidate is fully conversant with the contents of the Highway Code;
b
that he has sufficient knowledge of the mechanical operation of the vehicle on which he is tested, including, at the discretion of the examiner, the effect of distribution of load on the performance of the vehicle, to enable him to drive it safely;
c
that he is competent to drive without danger to, and with due consideration for, other users of the road, the vehicle on which he is tested; and
d
that he is able to perform safely and competently the operations specified in Schedule 5.
Requirements for tests
18
1
A person submitting himself for a test shall —
a
provide for the purposes of the test a vehicle which is suitable for the purposes of the test and which, in particular, is suitable for the purposes of the test under paragraph (3) and —
i
is not carrying passengers or goods or burden of any description,
ii
is fitted with a seat which is firmly secured to the vehicle and in such a position that the examiner is able properly to conduct the test from it and is afforded adequate protection from bad weather when conducting the test,
iii
is not fitted with a device designed to permit a person other than the driver to operate the accelerator, unless any pedal or lever by which the device is operated and any other parts which it may be necessary to remove to make the device inoperable by such a person during the test have been removed, and
iv
in the case of a test of competence to drive passenger-carrying vehicles, save as provided in paragraph (2), is so constructed that the examiner can, from the deck of the vehicle on which the driver is seated, get a clear view of the road to the rear of the vehicle without the use of any optical device; and
b
sign the examiner’s attendance record; and
c
produce evidence of identity to the satisfaction of the examiner in the form of —
i
a licence to drive a motor vehicle granted under Part III of the 1988 Act or an existing licence bearing his signature,
ii
a Northern Ireland licence bearing his signature,
iii
a British external licence bearing his signature,
iv
a British Forces licence bearing his signature,
v
a driving permit issued by the service authorities of a visiting force specified in Article 3 of the Motor Vehicles (International Circulation) Order 1975 bearing his signature,
vi
a Convention driving permit as defined in Article 2(7) of that Order bearing his signature,
vii
an exchangeable licence bearing his signature,
viii
any other document falling within the definition of “domestic driving permit” in Article 2(7) of that Order which bears his name in the roman alphabet, his photograph and his signature,
ix
a passport bearing his signature, or
x
an identity card issued by his employer which bears his name in the roman alphabet, his photograph and his signature.
2
The requirement specified in paragraph (1)(a)(iv) does not apply in a case where —
a
the construction of the vehicle makes fulfilment of that requirement impracticable, and
b
the examiner consents to that requirement not being complied with in consequence of arrangements to conduct part or all of the test not on a road.
3
A vehicle shall not be suitable for the purpose of a test unless —
a
if the test is taken before the 1st April 1994 —
i
in the case of a test for category C, it has a maximum authorised mass which exceeds 7.5 tonnes;
ii
in the case of a test for category D not limited as in sub-paragraph (iii) below, it has an overall length of at least 8.5 metres;
iii
in the case of a test for category D limited under regulation 29 to vehicles with not more than 16 seats, in addition to the driver’s seat, it has an overall length of less than 8.5 metres;
iv
in the case of a test for category C plus E, it is either —
a
an articulated goods vehicle combination, or
b
a combination of vehicles comprising a vehicle in category C and a trailer with at least two axles with a permissible maximum weight in relation to the combination of at least 15 tonnes;
v
in the case of a test for category D plus E, it is a combination of vehicles comprising a vehicle which is suitable for a test for category D under paragraph (ii) above and a trailer with a permissible maximum weight of at least 1.25 tonnes; and
b
if the test is taken on or after that date, it is capable of a speed of at least 80 kilometres per hour and —
i
in the case of a test for category C, it has a maximum authorised mass of at least 11 tonnes;
ii
in the case of a test for category D not limited as in sub-paragraph (iii) below, it has an overall length of at least 9 metres;
iii
in the case of a test for category D limited under regulation 29 to vehicles with not more than 16 seats, in addition to the driver’s seat, it has an overall length of less than 9 metres;
iv
in the case of a test for category C plus E, it is either —
a
an articulated goods vehicle combination with a permissible maximum weight of at least 21 tonnes, or
b
a combination of vehicles comprising a vehicle in category C and a trailer with at least two axles, one of which must be a steering axle, and a wheel base of at least 4 metres, with a permissible maximum weight in relation to the combination of at least 21 tonnes; or
v
in the case of a test for category D plus E, it is a combination of vehicles comprising a vehicle which is suitable for a test for category D under sub-paragraph (ii) above and a trailer with a permissible maximum weight of at least 1.25 tonnes.
4
Where a person submitting himself for a test provides a vehicle which does not comply with paragraph (1) or otherwise refuses or fails to comply with that paragraph the examiner may refuse to conduct the test.
5
A person submitting himself for a test shall allow to travel in the vehicle —
a
the examiner; and
b
any person authorised by the Secretary of State to attend the test for the purpose of supervising it or otherwise.
Persons who may conduct tests
19
1
Tests may be conducted —
a
by examiners appointed for that purpose by the Secretary of State;
b
by examiners appointed for that purpose by the Secretary of State for Defence, insofar as concerns the testing of persons subject to the Naval Discipline Act 1957 , to military law or to air force law, or of persons employed in the driving of motor vehicles for naval, military or air force purposes;
c
in England and Wales, by the chief officer of any fire brigade maintained in pursuance of the Fire Services Act 1947 or, in Scotland, by the fire-master of such a brigade, insofar as concerns the testing of members of any such brigade or of persons employed in the driving of motor vehicles for the purposes of any such brigade;
d
by any chief officer of police in so far as concerns the testing —
i
of members of a police force, or
ii
of persons employed in the driving of motor vehicles for police purposes by a police authority, or by the Receiver for the Metropolitan Police District or by the Commissioner of Police for the Metropolis; and
e
in the case of tests of competence to drive passenger-carrying vehicles, by an examiner certified by the Secretary of State to be qualified to conduct the test, authorised to do so by a traffic commissioner and being, or being employed by, the holder of a PSV operator’s licence.
2
Any person authorised by virtue of paragraph (1)(c) or (d) to conduct tests may, subject to the approval of the Secretary of State, authorise suitable persons to act as examiners of those who submit themselves for a test.
3
No test shall be conducted by a person referred to in paragraph (1)(e) —
a
in a case where the examiner is authorised by virtue of his holding a PSV operator’s licence, if the person being tested is not employed, or as the case may be, proposed to be employed by the examiner in the course of the business which he conducts by virtue of that licence; or
b
in a case where the examiner is authorised by virtue of his employment by the holder of a PSV operator’s licence, if the person being tested is not employed, or, as the case may be, proposed to be employed by that holder in the course of the business conducted by that holder by virtue of that licence.
Evidence of results of tests
20
1
A person who passes a test shall be furnished with a certificate to that effect in the form (adapted as the case may require) set out in Part I of Schedule 6.
2
A person who fails to pass a test shall be furnished with a statement to that effect in the form (adapted as the case may require) set out in Part II of Schedule 6.
Repayment of fees
21
1
The period of notice prescribed for the purposes of section 91(b) of the 1988 Act (repayment of test fee on giving prescribed period of notice) in respect of the fee for a test is notice of not less than five clear days (excluding Saturdays, Sundays, any bank holidays, Christmas Day or Good Friday) before the date of the appointment to the office of the Driving Standards Agency with whom the appointment was made.
2
For the purposes of this regulation “bank holiday” means a day which is a bank holiday by or under the Banking and Financial Dealings Act 1971 either generally or in the locality in which is situated the office of the Driving Standards Agency to whom notice cancelling an appointment for a test falls to be given.
Additional qualification
22
A person who has passed tests to drive vehicles of a class included in category C plus E and a class included in category D shall be deemed for the purposes of the 1988 Act and of these Regulations competent to drive, in addition to vehicles of those classes also vehicles of the class included in category D plus E which corresponds to the said class included in category D.
PART IV
SUPPLEMENTARY
Service personnel
23
The traffic commissioner for the South Eastern Traffic Area is hereby prescribed for the purposes of section 183(6) of the 1988 Act (discharge of Part IV functions in relation to HM Forces).
Northern Ireland licences
24
1
The traffic commissioner for the North Western Traffic Area is hereby prescribed for the purposes of section 122(2) of the 1988 Act (suspension, revocation and disqualification in respect of Northern Ireland licences as respects Great Britain).
2
For the purposes of section 122(4) of the 1988 Act, the magistrates' court or sheriff to whom an appeal shall lie by the holder of a Northern Ireland licence, being a person who is not resident in Great Britain and who is aggrieved by the suspension or revocation of the licence or by the ordering of disqualification for holding or obtaining a licence, shall be —
i
such a magistrates' court or sheriff as he may nominate at the time he puts down his appeal; or
ii
in the absence of a nomination of a particular court under sub-paragraph (i) above, the magistrates' court in whose area the office of the traffic commissioner for the North Western Traffic Area is situated.
Entitlement to groups
25
The categories of vehicles specified in column (2) of the table in Schedule 1 are hereby designated as groups for the purposes of paragraphs (a) and (b) of section 89(1) of the 1988 Act.
Transitional provisions
26
1
If an application for the grant of a licence in respect of any of the classes of vehicle in column (1) of the table below is made and the licence has not been granted or refused before the date that these Regulations come into force, the application shall be taken on and after that date to be an application in respect of the categories of vehicles in column (2) of the table below.
TABLE
(1) (2) Class of Heavy Goods Vehicle Corresponding Category of Large Goods Vehicle
2, 3 C and C plus E limited to drawbar trailer combinations only 2A, 3A C and C plus E limited to drawbar trailer combinations only and in both cases limited to vehicles with automatic transmission 1 C plus E 1A C plus E limited to vehicles with automatic transmission Class of Public Service Vehicle Corresponding Category of Passenger-Carrying Vehicle 4 D limited to vehicles not more than 5.5 metres in length 4A D limited to vehicles not more than 5.5 metres in length and with automatic transmission 4B B 3 D 3A D limited to vehicles with automatic transmission 1, 2 D plus E 1A, 2A D plus E limited to vehicles with automatic transmission
2
If an application for a test in respect of any of the classes of vehicles in column (1) of the table below is made and the test has not been taken before the date that these Regulations come into force, the application shall be taken on and after that date to be an application in respect of the categories of vehicles in column (2) of the table below —
TABLE
(1) (2) Class of Heavy Goods Vehicle Corresponding Category of Large Goods Vehicle
2, 3 C 2A, 3A C limited to vehicles with automatic transmission 1 C plus E 1A C plus E limited to vehicles with automatic transmission Class of Public Service Vehicle Corresponding Category of Passenger-Carrying Vehicle 4 D limited to vehicles with no more than sixteen seats 4A As for 4 but limited to vehicles with automatic transmission 3, 2, 1 D 3A, 2A, 1A As for 3, 2, 1 but limited to vehicles with automatic transmission
Exemptions
27
1
Part IV of the 1988 Act and these Regulations shall not apply to large goods vehicles of any of the following classes, that is to say —
a
track laying vehicles;
b
vehicles propelled by steam;
c
road rollers;
d
road construction vehicles used or kept on the road solely for the conveyance of built-in road construction machinery (with or without articles or materials used for the purpose of that machinery);
e
engineering plant;
f
works trucks;
g
industrial tractors;
h
agricultural motor vehicles;
i
digging machines;
j
vehicles exempted from excise duty by virtue of section 7(1) of the Vehicles (Excise) Act 1971 (vehicles used for less than a certain distance on public roads);
k
any motor car as defined in section 185(1) of the 1988 Act which is so constructed that a trailer designed to carry goods may by partial superimposition be attached thereto in such a manner as to cause a substantial part of the weight of the trailer to be borne thereby, but to which no trailer is attached;
l
vehicles used for no other purpose than the haulage of lifeboats and the conveyance of the necessary gear of the lifeboats which are being hauled;
m
vehicles manufactured before 1st January 1960 used unladen and not drawing a laden trailer;
n
vehicles in the service of a visiting force or headquarters as defined in the Visiting Forces and International Headquarters (Application of Law) Order 1965 ;
o
wheeled armoured vehicles being the property of, or for the time being under the control of, the Secretary of State for Defence;
p
any vehicle driven by a constable for the purpose of removing or avoiding obstruction to other road users or other members of the public, for the purpose of protecting life or property (including the large goods vehicle and its load) or for other similar purposes;
q
any articulated goods vehicle combination which has a maximum authorised mass not exceeding 7.5 tonnes, or the tractive unit of which does not exceed 2.05 tonnes unladen weight;
r
any vehicle having a relevant maximum weight not exceeding 3.5 tonnes to which a trailer is attached, not being an articulated goods vehicle combination;
s
any vehicle (not being an articulated goods vehicle combination) which —
i
has an unladen weight not exceeding 10.2 tonnes,
ii
is being operated by the holder of a PSV operator’s licence,
iii
is being driven by a person who holds an existing public service vehicle licence or a passenger-carrying vehicle driver’s licence, and
iv
is being used for the purpose of —
a
proceeding to, or returning from, a place where assistance is to be, or has been, given to a disabled passenger-carrying vehicle; or
b
giving assistance to or moving a disabled passenger-carrying vehicle or moving a wreck which, immediately before it became a wreck, was a passenger-carrying vehicle;
t
any vehicle fitted with apparatus designed for raising a disabled vehicle partly from the ground and for drawing a disabled vehicle when so raised (whether by partial superimposition or otherwise) being a vehicle which —
i
is used solely for dealing with disabled vehicles;
ii
is not used for the conveyance of any load other than a disabled vehicle when so raised, water, fuel and accumulators and articles required for the operation of, or in connection with, such apparatus as aforesaid or otherwise for dealing with disabled vehicles; and
iii
has an unladen weight not exceeding 3.05 tonnes;
u
any vehicle which was originally constructed to carry passengers but has been adapted to carry goods or burden of any description —
i
when driven for the carriage of —
a
play equipment for children, or such equipment and not more than 8 passengers, to or from the place where the equipment is to be, or has been, made available for such use, or
b
articles required for the purposes of display or of an exhibition, or such articles and not more than 8 passengers, to or from the place where the display or exhibition is to be mounted, or
ii
being a vehicle used for the carriage of such equipment or articles as specified in sub-paragraph (i) above, when driven —
a
to or from the place where a mechanical defect in the vehicle is to be, or has been, remedied, or
b
in such circumstances that by virtue of section 5 of the Vehicles (Excise) Act 1971 the vehicle is not chargeable with duty in respect of its use on public roads;
v
vehicles which are designed for fire fighting or fire salvage purposes and which are the property of, or for the time being under the control of, the Secretary of State for Defence, when being driven by a member of the armed forces of the Crown; and
w
any vehicle when being driven by a member of the armed forces of the Crown in the course of urgent work of national importance in accordance with an order of the Defence Council in pursuance of the Defence (Armed Forces) Regulations 1939 which were continued permanently in force, in the form set out in Part C of Schedule 2 to the Emergency Laws (Repeal) Act, 1959 , by section 2 of the Emergency Powers Act 1964 .
2
Part IV of the 1988 Act and these Regulations shall not apply to passenger-carrying vehicles of any of the following classes, that is to say —
a
vehicles manufactured more than 30 years ago and not used for hire or reward or for the carriage of more than 8 passengers;
b
any vehicle driven by a constable for the purpose of removing or avoiding obstruction to other road users or other members of the public, for the purpose of protecting life or property (including the passenger-carrying vehicle and its passengers) or for other similar purposes.
3
A person may drive a large goods vehicle specified in paragraph (1) if he is the holder of a full licence to drive vehicles in category B and C1, and a passenger-carrying vehicle specified in paragraph (2) if he is the holder of a full licence to drive vehicles in category B and D1.
4
Except in the case of a vehicle mentioned in paragraph (5), Part IV of the 1988 Act and these Regulations, in their application to large goods vehicles, shall not apply to vehicles which are passenger-carrying vehicles as well as large goods vehicles.
5
Part IV of the 1988 Act and these Regulations, in their application to passenger-carrying vehicles, shall not apply to large goods vehicles in category C driven by members of the armed forces of the Crown and used for the carriage of passengers for naval, military or air force purposes which are adapted to carry up to 24 passengers.
6
In this Regulation —
“digging machine” has the same meaning as in Schedule 3 to the Vehicles (Excise) Act 1971;
“agricultural motor vehicle”, “engineering plant”, “industrial tractor”, “track laying” and “works truck” have the same meaning as in regulation 3(2) of the Motor Vehicles (Construction and Use) Regulations 1986;
“play equipment for children” includes articles required in connection with the use of such equipment by children; and
“road construction vehicle” and “road construction machinery” have the same meanings as in section 4(2) of the Vehicles (Excise) Act 1971.
Effect of the change in classification on entitlement to drive large buses
28
1
A person who held a full licence to drive vehicles in category B and D1 on 31st May 1990, who satisfies the Secretary of State that he has been regularly driving a vehicle or vehicles in category D with more than 16 seats in addition to the driver’s seat during the period of three years immediately preceding his application for a licence to drive such vehicles and who makes such application before 1st April 1992 shall, notwithstanding anything in regulation 17 as it applies to section 89 of the 1988 Act, be entitled, on satisfying the other requirements of the 1988 Act and these Regulations, to the grant of a full licence to drive vehicles in that category subject to the limitation that the vehicles are not used for hire or reward.
2
A person who holds a full hgv driver’s licence or a full licence to drive vehicles in category C, may also drive motor vehicles used for the carriage of passengers with more than 16 seats, in addition to the driver’s seat which are not being used for hire or reward or for the carriage of more than 8 passengers.
Effect of the change in classification on the granting of licences to drive minibuses
29
A person who has taken the test prescribed by these Regulations for vehicles in category D (which includes vehicles with not more than 16 seats, in addition to the driver’s seat, used for hire or reward) in a vehicle in that category of which the overall length —
a
in the case of a test taken before 1st April 1994 is less than 8.5 metres and
b
in the case of a test taken on or after that date is less than 9 metres,
shall be granted a licence limited to the driving of vehicles in that category with not more than 16 seats, in addition to the driver’s seat.
Signed by authority of the Secretary of State for Transport.
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
14th December 1990
We approve the making of these Regulations
Sydney Chapman
Irvine Patnick
Two of the Lords Commisioners of Her Majesty’s Treasury
19th December 1990