The Motor Vehicles (Driving Licences) (Amendment No. 3) Regulations (Northern Ireland) 2012

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

These Regulations amend the Road Traffic (Northern Ireland) Order 1981 (“the 1981 Order ”) and the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996 (“the 1996 Regulations ”) in order to accommodate the requirements of Directive 2006/126/ EC of the European Parliament and of the Council of 20th December 2006 on driving licences (“the Third Driving Licences Directive ”). (This Directive was added to Annexes XIII of the European Economic Area (“ EEA ”) Agreement by Article 1 of the Decision of the EEA Joint Committee No. 29/2008 of the 14th March 2008 (O.J. No. L 182, 10.7. 2008, p21)).

Regulation 2 amends the 1981 Order as follows-

paragraph (2) amends Article 19 in order to disapply the provision of Article 19(1), which imposes a speed limit of 45 miles per hour on a vehicle displaying an “L” plate for persons driving a category A2 or category A motorcycle while under the supervision of an approved motorcycle instructor or while undertaking a test of competence; and

paragraph (3) amends Article 19A so that the specified 45 miles per hour restriction set out in paragraph (5)(b) does not apply to a person who has passed a test of competence in the driving of a category A2 or category A motorcycle.

Regulation 3 amends the 1996 Regulations as follows-

paragraph (2) amends regulation 2 to insert a new definition for a category A motorcycle;

paragraph (3) amends regulation 6 to substitute the age of 17 for the age of 24 in circumstances where a person who is disqualified from riding is under the age of 24 and before disqualification held a full category A entitlement, that person may have it reinstated by passing a test for a category A2 motorcycle;

paragraph (4) amends regulation 27 to specify the approved training courses which must be completed prior to taking a test to drive each category of motorcycle;

paragraph (5) amends regulation 35 so that where a person who was disqualified from driving and then passes the two-part practical test on a category A2 motorcycle the disqualification is deemed to have expired in relation to all vehicles in category A unless that test was passed on a vehicle with automatic transmission in which case the disqualification is deemed to have expired only in relation to motorcycles in category A which have automatic transmission;

paragraph (6) amends regulation 47B to specify that a training course for riders of category A2 or A motorcycles shall, where the rider has previously successfully completed an approved training course, comprise only of element (E) as set out in Module 3 of the course;

paragraph (7) amends regulation 47G to specify that where riders of category A2 or A motorcycles complete element (E) of Module 3 of the approved training course they shall receive a new certificate upon production of the certificate previously issued to them;

paragraph (8) amends regulation 47H so that a person who has passed a test of competence to drive a moped shall not have to complete an approved training course to drive a category A1 motorcycle and a person who has passed a test of competence to drive a category A1 motorcycle and has gained at least two years experience shall not have to complete an approved training course to drive a category A2 or A motorcycle (provided they meet the relevant age requirements); and

paragraph (9) makes a minor consequential amendment to Schedule 10A.

An Explanatory Memorandum has been produced and is available from Road Safety and Vehicle Regulation Division, Department of the Environment, Clarence Court, 10-18 Adelaide Street, Town parks, Belfast BT2 8GB or viewed online at http/www.legislation.gov.uk/nisr