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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Motor Vehicles (Driving Licences) (Amendment) (No.2) Regulations 2015 No. 412 URL: http://www.bailii.org/uk/legis/num_reg/2015/uksi_2015412_en_1.html |
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Statutory Instruments
Road Traffic
Made
25th February 2015
Laid before Parliament
4th March 2015
Coming into force
26th March 2015
The Secretary of State, in exercise of the powers conferred by section 105(1), (2)(c) and (3) of the Road Traffic Act 1988(1) and section 2(2) of the European Communities Act 1972(2), makes the following Regulations.
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the licensing of drivers(3).
The Secretary of State has consulted with representative organisations as required by section 195(2) of the Road Traffic Act 1988.
1. These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No.2) Regulations 2015 and come into force on 26th March 2015.
2. The Motor Vehicles (Driving Licences) Regulations 1999(4) are amended as set out in regulation 3.
3. After regulation 21 insert-
21A.-(1) A person must not hold more than one licence(5).
(2) In this regulation, "licence" includes a Northern Ireland licence(6) and a Community licence(7).
(3) In this regulation, "Community licence" does not include a document authorising the holder to drive a motor vehicle which was issued by a state before the date on which that state became a member State or the date on which that state became a party to the EEA agreement."
Signed by authority of the Secretary of State for Transport
Claire Perry
Parliamentary Under Secretary of State
Department for Transport
25th February 2015
(This note is not part of the Regulations)
These Regulations make further provision to implement Article 7(5)(a) of Directive 2006/126/EC of the European Parliament and the Council of 20th December 2006 on driving licences ("the Directive").
Regulation 3 prohibits a person from holding more than one Britain, Northern Ireland or Community driving licence. Any breach of this regulation is an offence under section 91 of the Road Traffic Offenders Act 1988 (c. 53). There is an exception made in the case of those who hold a document authorising them to drive a motor vehicle which was issued by a state before the date on which that state became a member State or the date on which that state became a party to the EEA agreement.
An Impact Assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.
It is normal practice to make available to Parliament, alongside primary or secondary legislation giving effect to European Directives, a Transposition Note that sets out how the Government will transpose the main elements of those Directives into UK law. However, in the present case a Transposition Note has not been made available. This is because, in the Government's view, the resources required to produce a Transposition Note are significantly greater than can be justified by the resulting added benefit to the reader.
Copies of the Directives referred to above can be found at http://eur-lex.europa.eu.
1972 c. 68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1) and by the European Union (Amendment) Act 2008 (c. 7), Schedule, Part 1.
The definition of "licence" can be found in section 108(1) of the Road Traffic Act 1988.
The definition of "Northern Ireland licence" can be found in section 108(1) of the Road Traffic Act 1988.
The definition of "Community licence" can be found in section 108(1) of the Road Traffic Act 1988.