Joint Committee on Statutory Instruments Second Report



APPENDIX 3

Memorandum by the Department of the Environment, Transport and the Regions

MOTOR VEHICLES (DRIVING LICENCES) REGULATIONS 1999 (S.I. 1999/2864)

  1. The Committee has asked for a memorandum on two matters, as follows:

(1) Regulation 3(5) determines the date of first use of a motor bicycle by reference to the date on which it was first registered under the Vehicles (Excise) Acts of 1949, 1962 or 1971. Explain why there is no reference to the Vehicles Excise and Registration Act 1994.

  2. Section 97(3)(d) of the Road Traffic Act 1988 provides that a learner motor cyclist may ride only two classes of motor bicycle, namely a "learner motor bicycle", which is defined in the Act, and a motor bicycle the first use of which occurred before January 1 1982, the meaning of "first use" having to be defined in regulations.

  3. Regulation 3(5) determines the date of first use of a motor cycle for the purposes of this enactment either by reference to its date of manufacture (paragraph (b)), in which case the statute under which it was first registered is of no importance, or by reference to the date of its first registration (paragraph (a)), in which case it is of importance. The Vehicle Excise and Registration Act 1994 came into force for all relevant purposes on 1 September 1994. Therefore no vehicle could have been registered under that Act before 1 January 1982 and there is no need to make reference to it for the purposes of paragraph (a).

(2) Regulation 65(2) precludes a person from being authorised to be an instructor unless (amongst other requirements) he was so authorised on 30 January 1998 by an approved training body "in accordance with these Regulations". Is the reference to the Regulations intended to be a reference to regulations in force on that date (compare regulation 60(3)(c)).

  4. Yes. The 1999 Regulations are to a large extent a consolidation. When the earlier regulations were incorporated into them, what is now regulation 60(3)(c) was appropriately amended but by an oversight what is now regulation 65(2) was not. The error is regretted and will be corrected at the first suitable opportunity.

12th November 1999


 
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