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Licensing
of Drivers of Heavy Goods Vehicles Requirement for HGV licence
| | | | Licensing
of drivers of heavy goods vehicles
Requirement for HGV licence |
Drivers of heavy goods vehicles to be licensed.
| 110.—(1) It
is an offence for a person to drive a heavy goods vehicle of any class on a road
if he is not licensed under this Part of this Act to drive a heavy goods vehicle
of that class.
(2) It is an offence for
a person to cause or permit another person to drive a heavy goods vehicle of any
class on a road if that other person is not so licensed to drive a heavy goods
vehicle of that class.
(3) Nothing in subsection
(1) or (2) above makes it unlawful— (a) for
a person who is not so licensed to act, or (b) for
a person to cause or permit such a person to act, as
steersman of a heavy goods vehicle (being a vehicle on which a speed limit of
five miles per hour or less is imposed by or under section 86 of the Road Traffic
Regulation Act 1984) [1984 c. 27.] under the orders of another person
engaged in the driving of the vehicle who is licensed in that behalf in accordance
with the requirements of Part III of this Act and this section.
(4) Neither
subsection (1) nor subsection (2) above applies to the driving of, or the causing
or permitting of a person to drive, a vehicle in any case where— |
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Drivers of heavy goods vehicles to be licensed.
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(a) the
excise duty in respect of the vehicle under the [1971 c. 10.] Vehicles
(Excise) Act 1971 is chargeable at the rate applicable to vehicles specified in
paragraph 2(1) of Schedule 3 to that Act, and (b) the
vehicle is being driven for one of the purposes for which it must solely be used
if the duty is to remain chargeable at that rate.
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Grant,
duration and revocation of licences |
Licensing authority, and applications, for HGV drivers' licences.
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111.—(1) The traffic
commissioner for any area constituted for the purposes of the Public Passenger
Vehicles Act 1981 [1981 c. 14.] shall exercise the function of granting
licences under this Part of this Act (in this Part of this Act referred to as
"heavy goods vehicle drivers' licences" ) and is in this Part of this Act referred
to as "the licensing authority" .
(2) An
application for a heavy goods vehicle driver's licence shall be made to the licensing
authority of the traffic area in which the applicant for the licence resides. |
Grant of HGV drivers' licences.
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112.—(1) Subject to
the provisions of any regulations made by virtue of section 117(2)(m) of this
Act, the licensing authority must not grant a full licence to drive a heavy goods
vehicle of any class unless he is satisfied— (a) that
the applicant for the licence has at some time during the period of five years
ending on the date of the coming into force of the licence passed the prescribed
test of competence to drive vehicles of that class, or (b) that
the applicant for the licence has within that period held a full licence authorising
the driving of vehicles of that class, or (c) that
the applicant for the licence holds a licence to drive a motor vehicle granted
under Part III of this Act and that— (i) either
he holds an exchangeable licence authorising the driving of vehicles of a category
corresponding to that class or, at the time of the application for the licence
granted under Part III of this Act which he holds or of an application for a previous
such licence, he surrendered such an exchangeable licence, and
(ii) he
fulfils the requirements of subsection (2) below. (2) Those
requirements are that at the time of his application for the heavy goods vehicle
driver's licence he has not been normally resident in Great Britain or (where
the exchangeable licence is or was a Community licence) the United Kingdom for
more than 18 months, that he surrenders to the licensing authority any exchangeable
licence which he holds, and that either— (a) he
has passed in the member State or territory in respect of which his exchangeable
licence was issued a test in respect of vehicles of a category corresponding to
the class in question, being a test which, in the opinion of the Secretary of
State, is equivalent to the prescribed test of competence to drive vehicles of
that class, or (b) at
the time at which he became normally resident in Great Britain or (where the exchangeable
licence is or was a Community licence) the United Kingdom, he had been in the
habit of driving vehicles of a category corresponding to the class in question—
(i) for
a period of six months falling within the period of 18 months ending at that time,
or (ii) for
a period of one year falling within the period of three years ending at that time,
or for periods
which, taken together, satisfy sub-paragraph (i) or (ii) above. (3) Subsection
(8) of section 89 of this Act shall apply for the purposes of this section as
it applies for the purposes of that.
(4) For
the purposes of this section, where an exchangeable licence authorises the driving
of vehicles of any category and any vehicle falling within that category falls
also within any class of vehicles specified by regulations under section 117 of
this Act as a class in respect of which a heavy goods vehicle driver's licence
may be issued— (a) that
category shall be treated as corresponding to that class, and
(b) where,
by virtue of those regulations, a person who passes a test of competence to drive
vehicles of that class is treated as having also passed a test of competence to
drive vehicles of another class, that category shall be treated as corresponding
to that other class. (5) For
the purpose of enabling an applicant to learn to drive a heavy goods vehicle with
a view to passing the prescribed test of competence to drive, the licensing authority
may issue to him a heavy goods vehicle driver's licence as a provisional licence.
(6) A licence issued by virtue of subsection
(5) above or a full licence granted to an applicant who is under the age of 21
on the date of the application shall be subject to the prescribed conditions,
and if the person to whom it is issued fails to comply with any of the conditions
he is guilty of an offence.
(7) It is an
offence for a person to cause or permit another person who is under the age of
21 to drive a heavy goods vehicle of any class in contravention of any prescribed
conditions subject to which that other person's licence is issued.
(8) In
this section— "Community
licence" has the same meaning as in Part III of this Act, "exchangeable
licence" means a Community licence or a document which would be a Community licence
if Gibraltar formed part of a member State other than the United Kingdom.
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Duration of HGV drivers' licences.
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113.—(2) Subject to
subsection (4) below, a heavy goods vehicle driver's licence shall, unless previously
revoked, continue in force for three years from the date on which it is expressed
to take effect.
(2) A heavy goods vehicle
driver's licence may at any time be suspended or revoked by the licensing authority
of the area in which it was granted on the ground that, by reason of his conduct
(including conduct in Northern Ireland) as a driver of a motor vehicle or of physical
disability, the holder is not a fit person to hold such a licence and during any
time of suspension such a licence shall be of no effect.
(3) Without
prejudice to subsection (1) above, if there come into existence, in relation to
the holder of a heavy goods vehicle driver's licence who is under the age of 21,
such circumstances as may be prescribed relating to his conduct as a driver of
a motor vehicle, the licensing authority of the area in which the licence was
granted must revoke the licence.
(4) Subject
to subsection (5) below, a licence issued by virtue of section 112(5) of this
Act shall, unless previously revoked, continue in force for six months from the
date on which it is expressed to take effect.
(5) Subsection
(4) above does not apply to a licence treated as a provisional licence by virtue
of section 117(2)(e) of this Act.
(6) Without
prejudice to section 116(5) of this Act, if on the date on which an application
is made for a heavy goods vehicle driver's licence, the applicant is the holder
of such a licence, his existing licence shall not expire in accordance with subsection
(1) above before the application is disposed of. |
Disqualification on revocation of HGV driver's licence.
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114.—(1) Where in
pursuance of section 113(2) of this Act the licensing authority revokes a heavy
goods vehicle driver's licence, the authority may— (a) order
the holder to be disqualified indefinitely or for such period as the authority
thinks fit for holding or obtaining such a licence, or (b) if—
(i) the
licence is a full licence, and (ii) it
appears to the authority that, owing to the conduct or physical disability of
the holder of the licence, it is expedient to require him to comply with the prescribed
conditions applicable to provisional licences under this Part of this Act until
he passes the prescribed test of competence to drive heavy goods vehicles of any
class, order
him to be disqualified for holding or obtaining a full licence until he passes
such a test. (2) Where
in pursuance of section 113(3) of this Act the licensing authority is required
to revoke the heavy goods vehicle driver's licence of a person under the age of
21, the authority must order that person to be disqualified for holding or obtaining
such a licence until he attains the age of 21.
(3) Where
the holder of a heavy goods vehicle driver's licence is disqualified under subsection
(1)(a) above, the licensing authority for the traffic area where he resides may,
in such circumstances as may be prescribed, remove the disqualification.
(4) Where the holder of a full licence is disqualified
under subsection (1)(b) above, a licensing authority must not afterwards grant
him a full licence to drive a heavy goods vehicle of any class unless satisfied
that he has since the disqualification passed the prescribed test of competence
to drive vehicles of that class, and until he passes that test any full licence
obtained by him shall be of no effect.
(5) If,
while the holder of a heavy goods vehicle driver's licence is disqualified under
subsection (2) above, the circumstances prescribed for the purposes of section
113(3) of this Act cease to exist in his case, the licensing authority of the
traffic area where he resides must, on an application made to the authority in
that behalf, remove the disqualification.
(6) So
long as the disqualification under subsection (1)(a) or (2) above of the holder
of a heavy goods vehicle driver's licence continues in force, a heavy goods vehicle
driver's licence must not be granted to him and any such licence obtained by him
shall be of no effect.
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Appeals
and review of tests |
Review of conduct of test.
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115.—(1) On the application
of a person who has submitted himself for a test of competence to drive—
(a) a
magistrates' court acting for the petty sessions area in which he resides, or
(b) in
Scotland, the sheriff within whose jurisdiction he resides, may
determine whether the test was properly conducted in accordance with the regulations.
(2) The court or, as the case may be, sheriff
may, if it appears that the test was not so conducted— (a) order
that the applicant shall be eligible to submit himself for another test before
the expiration of the period specified for the purposes of section 117 (2)(k)
of this Act, and (b) order
that any fee payable by the applicant in respect of the test shall not be paid
or, if it has been paid, shall be repaid. |
Appeals relating to HGV drivers' licences.
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116.—(1) A person
who, being the holder of, or an applicant for, a heavy goods vehicle driver's
licence feels aggrieved by the licensing authority's— (a) refusal
or failure to grant such a licence, or (b) imposition
of any limitation on such a licence, or (c) suspension
or revocation of such a licence, or (d) ordering
of disqualification under section 114 (1) of this Act, may
by notice in writing to the licensing authority require him to reconsider the
matter, and shall on a reconsideration be entitled to be heard either personally
or by his representative.
(2) Subject to
subsection (4) below, a person who feels aggrieved as mentioned in subsection
(1) above or who is dissatisfied with the decision of the licensing authority
on reconsideration of the matter, may appeal to a magistrates' court acting for
the petty sessions area in which he resides or, if he resides in Scotland, to
the sheriff within whose jurisdiction he resides.
(3) On
any such appeal the court or sheriff may make such order as it or he thinks fit
and an order so made is binding on the licensing authority.
(4) No
appeal lies under this section in respect of any matter in respect of which an
application may be made to a magistrates' court or a sheriff under section 115
of this Act.
(5) Where an applicant for
a heavy goods vehicle driver's licence who is at the date of his application the
holder of such a licence (other than one issued as a provisional licence) appeals
under this section on the ground of refusal or failure to grant the licence, the
existing licence shall not expire before the appeal is disposed of.
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General
and supplemental |
Regulations.
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117.—(1) The Secretary
of State may make regulations for the purpose of carrying the provisions of this
Part of this Act into effect.
(2) Without
prejudice to the generality of subsection (1) above, the regulations may—
(a) make
provision with respect to tests of competence to drive heavy goods vehicles and,
in particular, the nature of such tests, the qualifications, selection, appointment
and removal of the persons by whom they may be conducted, and evidence of the
results of the test, (b) require
applicants for such tests or for heavy goods vehicle drivers' licences (whether
full or provisional) to have such qualifications, experience and knowledge (including,
in the case of applicants for licences, qualifications with respect to health
and driving conduct and, if the applicant is to be authorised to drive vehicles
of any class at an age below the normal minimum age for driving vehicles of that
class, with respect to participation in an approved training scheme for drivers)
as may be prescribed, (c) require
a person submitting himself for a test to produce for the purposes of the test
a vehicle of the class in respect of which he is to be tested, loaded or unloaded
according as may be prescribed, and, in the case of a loaded vehicle, impose requirements
about its loading, (d) restrict
the issue of provisional licences, in the case of prescribed classes of applicants
or in prescribed circumstances, to such classes of vehicle as may be prescribed,
(e) provide
that a full licence to drive a heavy goods vehicle of a particular class shall
also be treated for the purposes of this Part of this Act as a provisional licence
to drive heavy goods vehicles of another prescribed class, (f) make
provision for preventing a person holding more than one licence and for facilitating
the identification of licence holders, (g) make
provision with respect to applications for and the issue of heavy goods vehicle
drivers' licences, (h) make
provision with respect to the custody and production of any heavy goods vehicle
driver's licence or any Northern Ireland licence (within the meaning of section
121 of this Act) or any licence under Part I of the [1970 c. 2 (N.I.).]
Road Traffic Act (Northern Ireland) 1970 or Part II of the [S.I. 1981/160.]
Road Traffic (Northern Ireland) Order 1981 to drive heavy goods vehicles of any
description, and require the return to a prescribed licensing authority of any
such licence which has expired or been suspended or revoked,
(j) require
the payment of a fee of a prescribed amount by a person who applies for a test
and provide for the repayment of any such fee in the prescribed circumstances,
(k) provide
that a person submitting himself for, but failing to pass, a test shall not be
eligible to submit himself for another test before the expiration of a prescribed
period, except under an order made by a court or sheriff under section 115 of
this Act, (l) provide
for the issue of a new licence in place of a licence lost or defaced on payment
of the prescribed fee, (m) make
provision about the effect of a change in the meaning of heavy goods vehicle or
in the classification of heavy goods vehicles for the purposes of this Part of
this Act on heavy goods vehicle drivers' licences then in force or issued or on
the granting of such licences afterwards, and
different provision may be made by the regulations for different cases.
(3) In subsection (2)(b) above— "approved
training scheme for drivers" means a training scheme for drivers (as defined in
section 101(5) of this Act) approved for the time being by the Secretary of State
for the purposes of regulations under this section, and "normal
minimum age for driving", in relation to the driving of vehicles of any class,
means the age which is in force under section 101 of this Act (but apart from
any approved training scheme for drivers) in relation to that class of vehicle.
(4) Regulations
under this section may provide that a person who contravenes or fails to comply
with any specified provision of the regulations is guilty of an offence.
(5) The Secretary of State may by regulations provide
that this Part of this Act shall not apply to heavy goods vehicles of such classes
as may be prescribed either generally or in such circumstances as may be prescribed. |
Fees and expenses.
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118.—(1) There shall
be charged by licensing authorities in respect of the grant of heavy goods vehicle
drivers' licences such fees as may be prescribed.
(2) All
fees received by licensing authorities in respect of the grant of such licences
shall be paid into the Consolidated Fund in such manner as the Treasury may direct.
(3) Any fees received by the Secretary of State
in pursuance of regulations under section 117 of this Act shall be paid into the
Consolidated Fund. |
Common test of competence to drive for the purposes of Parts III and IV.
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119. The
Secretary of State may by regulations provide that a person who passes a test
of competence to drive heavy goods vehicles of any prescribed class for the purpose
of obtaining a full licence shall, in such circumstances as may be prescribed,
be treated as having passed a test of competence to drive prescribed by virtue
of section 89 (3) of this Act for any prescribed class of motor vehicle. |
Interpretation.
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120. In
this Part of this Act— "full
licence" means a heavy goods vehicle driver's licence other than a provisional
licence, "heavy
goods vehicle" means— (a) an
articulated goods vehicle, or (b) a
large goods vehicle, that is to say, a motor vehicle (not being an articulated
goods vehicle) which is constructed or adapted to carry or to haul goods and the
permissible maximum weight of which exceeds 7.5 tonnes, "heavy
goods vehicle driver's licence" has the meaning given by section 111 of this Act,
"licensing
authority" has the meaning given by section 111 of this Act,
"prescribed" means
prescribed by regulations under section 117 of this Act, and
in this section "articulated goods vehicle" and "permissible maximum weight" have
the same meaning as in Part III of this Act. |
Provisions as to Northern Ireland heavy goods vehicle drivers' licences.
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121.—(1) The holder
of a licence specifically to drive heavy goods vehicles granted under the law
of Northern Ireland (in this section referred to as a "Northern Ireland licence")
may drive, and be employed in driving, on a road in Great Britain heavy goods
vehicles of any class which he is authorised by that licence to drive, notwithstanding
that he is not the holder of a heavy goods vehicle driver's licence.
(2) The licensing authority may, notwithstanding
anything in section 112 (1) of this Act, grant a full licence to drive a heavy
goods vehicle of any class to an applicant resident in Great Britain if he is
satisfied that the applicant has, within the period of five years ending on the
date of the coming into force of the licence, held a Northern Ireland licence
to drive any heavy goods vehicle of that class corresponding to a full licence,
not being a licence granted under an enactment of the Parliament of Northern Ireland
in consequence of a dispensation from passing a test of competence to drive by
reason of the applicant's residence outside the United Kingdom.
(3) A
prescribed licensing authority may exercise as respects Great Britain the like
power of suspending or revoking any Northern Ireland licence and of making an
order under section 114 (1) of this Act as is conferred in relation to a heavy
goods vehicle driver's licence by sections 113 (2) and 114 (1) of this Act on
the licensing authority for the traffic area in which the last-named licence was
granted, and the provisions of sections 113 (2) and 114 (1) shall have effect
accordingly.
(4) A holder of a Northern
Ireland licence who is aggrieved by the suspension or revocation of the licence
or the ordering of disqualification by virtue of subsection (3) above shall have
the like right to require the reconsideration of the matter and the like right
of appeal as are conferred by section 116 of this Act, except that the matter
shall be reconsidered by the prescribed licensing authority, and—
(a) an
appeal brought by virtue of this subsection shall, if the appellant is not resident
in Great Britain, lie to a prescribed magistrates' court or a prescribed sheriff,
and (b) the
provisions of section 116 (2) shall have effect accordingly. |
Protection of public interests.
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122. It
is hereby declared that nothing in this Part of this Act is to be treated as conferring
on the holder of a licence granted under this Part of this Act any right to the
continuance of any benefits arising from, or from a licence granted under, this
Part of this Act, or from any conditions attached to any such licence.
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