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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Driving Licences (Exchangeable Licences) Order 2016 No. 277 URL: http://www.bailii.org/uk/legis/num_reg/2016/uksi_2016277_en_1.html |
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Statutory Instruments
Road Traffic
Made
1st March 2016
Coming into force
23rd March 2016
The Secretary of State makes the following Order in exercise of the powers conferred by section 108(2)(b), (2A) and (2B) of the Road Traffic Act 1988(1).
The Secretary of State is satisfied that satisfactory provision is made by the laws of Switzerland for the granting of licences authorising the driving of motor vehicles of a description specified in this Order.
The Secretary of State has consulted with representative organisations in accordance with section 108(3) of the Road Traffic Act 1988.
1. This Order may be cited as the Driving Licences (Exchangeable Licences) Order 2016 and comes into force on 23rd March 2016.
2. In this Order-
(a)the following expressions have the following meanings-
"the Act" means the Road Traffic Act 1988;
"driving test" means the practical test of driving skills and behaviour prescribed(2) under section 89(3)(3) and (4)(4) of the Act as part of the test of competence to drive or, as the case may be, a test corresponding to that practical test;
"relevant licensing category" means licencing category C, C + E, D or D + E;
"vehicle with automatic transmission" means a vehicle in which the person driving the vehicle is-
not provided with any means whereby that person may vary the gear ratio between the engine and the road wheels independently of the accelerator and the brakes, or
provided with such means but they do not include a clutch pedal or lever which that person may operate manually; and
a reference to a licensing category is a reference to the category identified by the same letter or a combination of letters in Schedule 2 to the Motor Vehicles (Driving Licences) Regulations 1999(5).
3.-(1) Subject to paragraph (3), Switzerland is designated under section 108(2)(b) of the Act as respects licences of the description specified in paragraph (2).
(2) The licences referred to in paragraph (1) are licences which-
(a)authorise the driving of a class of vehicle corresponding to a class included in one or more relevant licensing categories, whether or not they authorise the driving of any other class of vehicle, and
(b)have been granted by the licensing authority of Switzerland-
(i)to a person who has passed a driving test in Switzerland in respect of each class of vehicle authorised by that person's licence corresponding to a class included in one or more relevant licensing categories, or
(ii)in exchange for a licence granted in-
(aa)Great Britain to a person who had passed a driving test in Great Britain in respect of each relevant licensing category authorised by that licence, or
(bb)Northern Ireland, Gibraltar, an EEA state (other than the United Kingdom) or a country or territory named in the Schedule to a person who had passed a driving test in Northern Ireland, Gibraltar or such state, country or territory, as the case may be, in respect of each class of vehicle authorised by that licence corresponding to a class included in one or more relevant licensing categories.
(3) A licence of the description specified in paragraph (2), which authorises its holder to drive a class of vehicle corresponding to a class included in one or more relevant licensing categories but limited to vehicles with automatic transmission, is only an exchangeable licence in so far as it authorises the holder to drive only vehicles of that class which have automatic transmission.
Signed by authority of the Secretary of State for Transport
Ahmad of Wimbledon
Parliamentary Under Secretary of State
Department for Transport
1st March 2016
Article 3
Guernsey
Isle of Man
Jersey
(This note is not part of the Order)
This Order designates Switzerland under section 108(2)(b) of the Road Traffic Act 1988 as making satisfactory provision for the issue of certain classes of driving licence. This enables a person holding one of those licences to exchange it for a corresponding British licence. The licences affected are those issued in Switzerland authorising the driving of large goods vehicles and large buses (with or without a trailer). The Order provides that a Swiss licence authorising the driving of vehicles with automatic transmission is exchangeable for a British licence authorising the driving of vehicles with automatic transmission only.
A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. An Explanatory Memorandum has been produced and is available alongside the Order on the UK legislation website, www.legislation.gov.uk.
1988 c.52, section 108(2), (2A) and (2B) was substituted by S.I. 1998/1917.
See generally the Motor Vehicles (Driving Licences) Regulations 1999 (S.I. 1999/2864) (as amended).
Section 89(3) was amended by the Road Traffic Act 1991 (c.40), section 48, Schedule 4, paragraph 63, the Road Safety Act 2006 (c.49), section 36(1) and (2)(a), (b) and (c).
Section 89(4) was amended by the Road Safety Act 2006, section 36(1) and (3)(a), (b), (c) and (d), S.I 1996/1974 and the Immigration Act 2014 (c.22), section 73(6), Schedule 9, Part 6, paragraph 63(c).
S.I. 1999/2864, the relevant amending instruments are S.I. 2012/977 and 2014/613.