Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace regulation 7(11) and (12) of the Motor Vehicles (Driving Licences) Regulations 1999 (S.I. 1999/2864) (“the 1999 Regulations”) which relates to the competence to drive classes of vehicle in special cases. Regulation 7(11) and (12) of the 1999 Regulations is secondary assimilated law within the meaning of section 12(2) of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28).

Regulation 2 revokes and replaces provisions within regulation 7 of the 1999 Regulations, that permit the driving of an “alternatively fuelled vehicle” in certain circumstances in excess of the maximum authorised mass that would otherwise apply, with alternative provision that achieves the same or similar objectives.

Regulation 2 amends regulation 7 of the 1999 Regulations to provide that a category B licence holder may drive in Great Britain a “zero-emission vehicle” designed and constructed for the carriage of no more than 8 passengers in addition to the driver with a maximum authorised mass not exceeding 4.25 tonnes, or 5 tonnes for a zero-emission vehicle fitted with specialist equipment intended for the carriage of disabled passengers. A trailer allowance with a maximum authorised mass not exceeding 3.5 tonnes is also provided for such zero-emission vehicles, to align with the category B+E entitlement for category B licence holders. The zero-emission vehicle and trailer combination must not exceed a maximum authorised mass of 7 tonnes.

Regulation 2 further provides that a category B licence holder may, provided certain conditions are met, drive a zero-emission vehicle of a class included in sub-category D1 not exceeding 4.25 tonnes, excluding any part of that weight which is attributable to specialised equipment intended for the carriage of disabled passengers, and not exceeding 5 tonnes otherwise.

A full impact assessment has not been produced for this instrument as there is no, or no significant, impact on the private, public or voluntary sectors. However, a de minimis assessment has been produced in respect of this instrument and is published alongside these Regulations on www.legislation.gov.uk.

An Explanatory Memorandum is published alongside these Regulations on www.legislation.gov.uk.