Road Traffic Act 1988

• (3) A person who intentionally obstructs an examiner in the exercise of his powers under subsection (1) above is guilty of an offence.

• (4) A vehicle examiner or a constable in uniform may at any time require any person in charge of a vehicle to which this section applies and which is stationary on a road to proceed with the vehicle for the purpose of having it inspected under this section to any place where an inspection can be suitably carried out (not being more than five miles from the place where the requirement is made).

• (5) A person in charge of a vehicle who refuses or neglects to comply with a requirement made under subsection (4) above is guilty of an offence.

• (6) This section applies to—

• (a) goods vehicles,

• (b) public service vehicles, and

• (c) motor vehicles which are not public service vehicles but are adapted to carry more than eight passengers;

but subsection (1)(b) above shall not apply in relation to vehicles within paragraph (c) above or in relation to vehicles used to carry passengers for hire or reward only under permits granted under section 19 or 22 of the Transport Act 1985 (use of vehicles by educational and other bodies or in providing community bus services).

Prohibition of unfit vehicles

Power to prohibit driving of unfit vehicles.

69

• (1) If on any inspection of a vehicle under section 41, 45, 49, 61, 67, 68 or 77 of this Act it appears to a vehicle examiner or authorised inspector that owing to any defects in the vehicle it is, or is likely to become, unfit for service, he may prohibit the driving of the vehicle on a road—

• (a) absolutely, or

• (b) for one or more specified purposes, or

• (c) except for one or more specified purposes.

• (2) If on any inspection of a vehicle under any of the enactments mentioned in subsection (1) above it appears to an authorised constable that owing to any defects in the vehicle driving it (or driving it for any particular purpose or purposes or for any except one or more particular purposes) would involve a danger of injury to any person, he may prohibit the driving of the vehicle on a road—

• (a) absolutely, or

• (b) for one or more specified purposes, or

• (c) except for one or more specified purposes.

• (3) A prohibition under this section shall come into force as soon as the notice under subsection (6) below has been given if—

• (a) it is imposed by an authorised constable, or

• (b) in the opinion of the vehicle examiner or authorised inspector imposing it the defects in the vehicle in question are such that driving it, or driving it for any purpose within the prohibition, would involve a danger of injury to any person.

• (4) Except where subsection (3) applies, a prohibition under this section shall (unless previously removed under section 72 of this Act) come into force at such time not later than ten days from the date of the inspection as seems appropriate to the vehicle examiner or authorised inspector imposing the prohibition, having regard to all the circumstances.

• (5) A prohibition under this section shall continue in force until it is removed under section 72 of this Act.

• (6) A person imposing a prohibition under this section shall forthwith give notice in writing of the prohibition to the person in charge of the vehicle at the time of the inspection—

• (a) specifying the defects which occasioned the prohibition;

• (b) stating whether the prohibition is on all driving of the vehicle or driving it for one or more specified purposes or driving it except for one or more specified purposes (and, where applicable, specifying the purpose or purposes in question); and

• (c) stating whether the prohibition is to come into force immediately or at the end of a specified period.

• (7) Where a notice has been given under subsection (6) above, any vehicle examiner or authorised inspector or authorised constable may grant an exemption in writing for the use of the vehicle in such manner, subject to such conditions and for such purpose as may be specified in the exemption.

• (8) Where such a notice has been given, any vehicle examiner or authorised inspectoror authorised constable may by endorsement on the notice vary its terms and, in particular, alter the time at which the prohibition is to come into force or suspend it if it has come into force.

• (9) In this section “authorised constable” means a constable authorised to act for the purposes of this section by or on behalf of a chief officer of police.

Prohibitions conditional on inspection etc.

69A

• (1) Where it appears to the person imposing a prohibition under section 69 of this Act that the vehicle is adapted to carry more than eight passengers, or is a public service vehicle not so adapted, the prohibition may be imposed with a direction making it irremovable unless and until the vehicle has been inspected at an official PSV testing station within the meaning of the Public Passenger Vehicles Act 1981.

• (2) Where it appears to that person that the vehicle is of a class to which regulations under section 49 of this Act apply, the prohibition may be imposed with a direction making it irremovable unless and until the vehicle has been inspected at an official testing station.

• (3) Where it appears to that person that the vehicle is one to which section 47 of this Act applies, or would apply if the vehicle had been registered under the Vehicle Excise and Registration Act 1994 more than three years earlier, the prohibition may be imposed with a direction making it irremovable unless and until the vehicle has been inspected, and a test certificate issued, under section 45 of this Act.

• (4) In any other case, the prohibition may be imposed with a direction making it irremovable unless and until the vehicle has been inspected in accordance with regulations under section 72 of this Act by a vehicle examiner or authorised constable (within the meaning of section 69 of this Act).

Power to prohibit driving of overloaded goods vehicles.

70

• (1) Subsections (2) and (3) below apply where a goods vehicle , or a motor vehicle adapted to carry more than eight passengers, has been weighed in pursuance of a requirement imposed under section 78 of this Act and it appears to—

• (a) a vehicle examiner,

• (b) a person authorised with the consent of the Secretary of State to act for the purposes of this subsection by—

• (i) a highway authority other than the Secretary of State, or

• (ii) a local roads authority in Scotland, or

• (c) a constable authorised to act for those purposes by or on behalf of a chief officer of police,

that the limit imposed by construction and use requirements with respect to any description of weight which is applicable to that vehicle has been exceeded or would be exceeded if it were used on a road or that by reason of excessive overall weight or excessive axle weight on any axle driving the vehicle would involve a danger of injury to any person.

• (2) The person to whom it so appears may, whether or not a notice is given under section 69(6) of this Act, give notice in writing to the person in charge of the vehicle prohibiting the driving of the vehicle on a road until—

• (a) that weight is reduced to that limit or, as the case may be, so that it is no longer excessive, and

• (b) official notification has been given to whoever is for the time being in charge of the vehicle that it is permitted to proceed.

• (3) The person to whom it so appears may also by direction in writing require the person in charge of the vehicle to remove it (and, if it is a motor vehicle drawing a trailer, also to remove the trailer) to such place and subject to such conditions as are specified in the direction; and the prohibition shall not apply to the removal of the vehicle or trailer in accordance with that direction.

• (4) Official notification for the purposes of subsection (2) above—

• (a) must be in writing and be given by a vehicle examiner, a person authorised as mentioned in subsection (1) above or a constable authorised as so mentioned, and

• (b) may be withheld until the vehicle has been weighed or reweighed in order to satisfy the person giving the notification that the weight has been sufficiently reduced.

• (5) Nothing in this section shall be construed as limiting the power of the Secretary of State to make regulations under section 71(2) of this Act.

Unfit and overloaded vehicles: offences.

71

• (1) A person who—

• (a) drives a vehicle in contravention of a prohibition under section 69 or 70 of this Act, or

• (b) causes or permits a vehicle to be driven in contravention of such a prohibition, or

• (c) fails to comply within a reasonable time with a direction under section 70(3) of this Act,

is guilty of an offence.

• (2) The Secretary of State may by regulations provide for exceptions from subsection (1) above.

Removal of prohibitions.

72

• (1) Subject to the following provisions of this section, a prohibition under section 69 or 70 of this Act may be removed by any vehicle examiner or authorised constable if he is satisfied that the vehicle is fit for service.

• (2) If the prohibition has been imposed with a direction under section 69A(1) or (2) of this Act, the prohibition shall not be removed unless and until the vehicle has been inspected in accordance with the direction.

• (3) If the prohibition has been imposed with a direction under section 69A(3) of this Act, subsection (1) above shall not apply; but the prohibition shall be removed, by such person as may be prescribed, if (and only if) any prescribed requirements relating to the inspection of the vehicle and the issue and production of a test certificate have been complied with.

• (4) If the prohibition has been imposed with a direction under section 69A(4) of this Act, the prohibition shall not be removed unless and until any prescribed requirements relating to the inspection of the vehicle have been complied with.

• (5) A person aggrieved by the refusal of a vehicle examiner or authorised constable to remove a prohibition may, within the prescribed time and in the prescribed manner, appeal to the Secretary of State.

• (6) The Secretary of State may make such order on the appeal as he thinks fit.

• (7) Where a vehicle examiner or authorised constable removes a prohibition, he must forthwith give notice of the removal to the owner of the vehicle.

• (8) The Secretary of State may require the payment of fees, in accordance with prescribed scales and rates, for the inspection of a vehicle with a view to the removal of a prohibition; and—

• (a) payment of fees may be required to be made in advance, and

• (b) the Secretary of State must ensure that all the scales and rates prescribed for the purposes of this subsection are reasonably comparable with—

• (i) in the case of goods vehicles, the fees charged by virtue of section 51(1)(h) in respect of periodic examination, and

• (ii) in the case of other vehicles, the fees charged by virtue of section 46(c).

• (9) The Secretary of State may make regulations for prescribing anything which may be prescribed under this section and for regulating the procedure, and fees payable, on appeals to him under subsection (5) above.

• (10) In this section “authorised constable” means a constable authorised to act for the purposes of this section by or on behalf of a chief officer of police.

Official testing stations.

72A

The Secretary of State may provide and maintain stations (in this Part of this Act referred to as “official testing stations”) where inspections of goods vehicles for the purposes of section 72 may be carried out and may provide and maintain the apparatus for carrying out such inspections.

Provisions supplementary to sections 69 to 72.

73

• (1) Where it appears to a person giving a notice under section 69(6) or 70(2) of this Act that the vehicle concerned is , by virtue of section 5 of the Goods Vehicles (Licensing of Operators) Act 1995, authorised to be used under an operator’s licence,, he must as soon as practicable take steps to bring the contents of the notice to the attention of—

• (a) a traffic commissioner, and

• (b) the holder of the licence if he is not in charge of the vehicle at the time when the notice is given.

• (1ZA) Where in a case within subsection (1) above it appears to the person giving the notice that the vehicle is authorised to be used under two or more operators’ licences—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) if those licences are held by different persons and none of those persons is in charge of the vehicle at the time when the notice is given, his duty under paragraph (b) of that subsection may be discharged by taking steps to bring the contents of the notice to the attention of any one of those persons, and

• (c) if those licences are held by different persons and any of those persons is in charge of the vehicle at the time when the notice is given, no steps need be taken under that subsection to bring the contents of the notice to the attention of the others.

• (1A) Where it appears to a person giving a notice under section 69(6) or 70(2) of this Act that the vehicle concerned is used under a PSV operator’s licence, he must as soon as practicable take steps to bring the contents of the notice to the attention of—

• (a) a traffic commissioner, and

• (b) the holder of the licence if he is not in charge of the vehicle at the time when the notice is given.

• (1B) In a case not within subsection (1) or subsection (1A) above, a person giving a notice under section 69(6) or 70(2) of this Act must as soon as practicable take steps to bring the contents of the notice to the attention of the owner of the vehicle if he is not in charge of it at the time when the notice is given.

• (1C) A person giving a notice to the owner of a vehicle under section 72(7) of this Act must as soon as practicable take steps to bring the contents of the notice to the attention of any other person—

• (a) who was the person to whom the previous notice under section 69(6) or 70(2) was given and was then the owner of the vehicle, or

• (b) to whose attention the contents of the previous notice were required to be brought under this section.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Any reference in sections 69 to 72 of this Act to the driving of a vehicle is, in relation to a trailer, a reference to the driving of the vehicle by which the trailer is drawn.

• (4) In this section “operator’s licence” has the same meaning as in the Goods Vehicles (Licensing of Operators) Act 1995; and “PSV operator’s licence” has the same meaning as in the Public Passenger Vehicles Act 1981.

• (5) Schedule 4 to the Road Safety Act 2006 makes provision about the immobilisation of vehicles the driving of which has been prohibited under section 69 or 70 of this Act and about their removal and disposal.

Miscellaneous provisions about vehicles and vehicle parts

Operator’s duty to inspect, and keep records of inspections of, goods vehicles.

74

• (1) The Secretary of State may make regulations requiring the operator for the time being of a goods vehicle to which the regulations apply to secure—

• (a) the carrying out by a suitably qualified person (including the operator if so qualified) of an inspection of the vehicle for the purpose of ascertaining whether the following requirements are complied with, namely—

• (i) the construction and use requirements with respect to any prescribed matters, being requirements applicable to the vehicle, and

• (ii) the requirement that the condition of the vehicle is not such that its use on a road would involve a danger of injury to any person

and

• (b) the making and authentication of records of such matters relating to any such inspection as may be prescribed, including records of the action taken to remedy any defects discovered on the inspection,

and providing for the preservation of such records for a prescribed period not exceeding fifteen months and their custody and production during that period.

• (2) Regulations under this section may—

• (a) apply to all goods vehicles or to goods vehicles of such classes as may be prescribed,

• (b) require the inspection of goods vehicles under the regulations to be carried out at such times, or before the happening of such events, as may be prescribed, and

• (c) make different provision for different cases.

• (3) Any person who contravenes or fails to comply with any provision of regulations under this section is guilty of an offence.

• (4) In this section “the operator”, in relation to a goods vehicle, means the person to whom it belongs or the hirer of it under a hire purchase agreement; but, if he has let it on hire (otherwise than by way of hire-purchase) or lent it to any other person, it means a person of a class prescribed by regulations under this section in relation to any particular class of goods vehicles or, subject to any such regulations, that other person.

Vehicles not to be sold in unroadworthy condition or altered so as to be unroadworthy.

75

• (1) Subject to the provisions of this section no person shall supply a motor vehicle or trailer in an unroadworthy condition.

• (2) In this section references to supply include—

• (a) sell,

• (b) offer to sell or supply, and

• (c) expose for sale.

• (3) For the purposes of subsection (1) above a motor vehicle or trailer is in an unroadworthy condition if—

• (a) it is in such a condition that the use of it on a road in that condition would be unlawful by virtue of any provision made by regulations under section 41 of this Act as respects—

• (i) brakes, steering gear or tyres, or

• (ii) the construction, weight or equipment of vehicles,. . .

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) it is in such a condition that its use on a road would involve a danger of injury to any person

• (4) Subject to the provisions of this section no person shall alter a motor vehicle or trailer so as to render its condition such that the use of it on a road in that condition

• (a) would be unlawful by virtue of any provision made as respects the construction, weight or equipment of vehicles by regulations under section 41 or

• (b) would involve a danger of injury to any person.

• (5) A person who supplies or alters a motor vehicle or trailer in contravention of this section, or causes or permits it to be so supplied or altered, is guilty of an offence.

• (6) A person shall not be convicted of an offence under this section in respect of the supply or alteration of a motor vehicle or trailer if he proves—

• (a) that it was supplied or altered, as the case may be, for export from Great Britain, or

• (b) that he had reasonable cause to believe that the vehicle or trailer would not be used on a road in Great Britain, or would not be so used until it had been put into a condition in which it might lawfully be so used, . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6A) Paragraph (b) of subsection (6) above shall not apply in relation to a person who, in the course of a trade or business—

• (a) exposes a vehicle or trailer for sale, unless he also proves that he took all reasonable steps to ensure that any prospective purchaser would be aware that its use in its current condition on a road in Great Britain would be unlawful, or

• (b) offers to sell a vehicle or trailer, unless he also proves that he took all reasonable steps to ensure that the person to whom the offer was made was aware of that fact.

• (7) Nothing in the preceding provisions of this section shall affect the validity of a contract or any rights arising under a contract.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fitting and supply of defective or unsuitable vehicle parts.

76

• (1) If any person—

• (a) fits a vehicle part to a vehicle, or

• (b) causes or permits a vehicle part to be fitted to a vehicle,

in such circumstances that the use of the vehicle on a road would, by reason of that part being fitted to the vehicle involve a danger of injury to any person or, constitute a contravention of or failure to comply with any of the construction and use requirements, he is guilty of an offence.

• (2) A person shall not be convicted of an offence under subsection (1) above if he proves—

• (a) that the vehicle to which the part was fitted was to be exported from Great Britain, or

• (b) that he had reasonable cause to believe that that vehicle—

• (i) would not be used on a road in Great Britain, or

• (ii) that it would not be so used until it had been put into a condition in which its use on a road would not constitute a contravention of or a failure to comply with any of the construction and use requirements and would not involve a danger of injury to any person..

• (3) If a person—

• (a) supplies a vehicle part or causes or permits a vehicle part to be supplied, and

• (b) has reasonable cause to believe that the part is to be fitted to a motor vehicle, or to a vehicle of a particular class, or to a particular vehicle,

he is guilty of an offence if that part could not be fitted to a motor vehicle or, as the case may require, to a vehicle of that class or of a class to which the particular vehicle belongs, except in such circumstances that the use of the vehicle on a road would, by reason of that part being fitted to the vehicle, constitute a contravention of or failure to comply with any of the construction and use requirements or involve a danger of injury to any person.

• (4) In this section references to supply include—

• (a) sell, and

• (b) offer to sell or supply.

• (5) A person shall not be convicted of an offence under subsection (3) above in respect of the supply of a vehicle part if he proves—

• (a) that the part was supplied for export from Great Britain, or

• (b) that he had reasonable cause to believe that—

• (i) it would not be fitted to a vehicle used on a road in Great Britain, or

• (ii) it would not be so fitted until it had been put into such a condition that it could be fitted otherwise than in such circumstances that the use of the vehicle on a road would, by reason of that part being fitted to the vehicle, constitute a contravention of or failure to comply with any of the construction and use requirements or involve a danger of injury to any person.

• (6) An authorised examiner may at any reasonable hour enter premises where, in the course of a business, vehicle parts are fitted to vehicles or are supplied and test and inspect any vehicle or vehicle part found on those premises for the purpose of ascertaining whether—

• (a) a vehicle part has been fitted to the vehicle in such circumstances that the use of the vehicle on a road would, by reason of that part being fitted to the vehicle, constitute a contravention of or failure to comply with any of the construction and use requirements or involve a danger of injury to any person, or

• (b) the vehicle part could not be supplied for fitting to a vehicle used on roads in Great Britain without the commission of an offence under subsection (3) above.

• (7) For the purpose of testing a motor vehicle and any trailer drawn by it the authorised examiner may drive it and for the purpose of testing a trailer may draw it with a motor vehicle.

• (8) Any person who obstructs an authorised examiner acting under subsection (6) or (7) above is guilty of an offence.

• (9) In subsections (6) to (8) above “authorised examiner” means a person who may act as an authorised examiner for the purposes of section 67 of this Act; and any such person, other than a constable in uniform, shall produce his authority to act for the purpose of subsections (6) and (7) above if required to do so.

• (10) Nothing in this section shall affect the validity of a contract or of any rights arising under a contract.

• (11) In this section—

• (a) references to a vehicle part include software (except in subsection (5)(a)), and

• (b) references to fitting a vehicle part to a vehicle include installing software in, or otherwise making software interact with, a vehicle.

Testing condition of used vehicles at sale rooms, etc.

77

• (1) An authorised examiner may at any reasonable hour enter premises where used motor vehicles or trailers are supplied in the course of a business and test and inspect any used motor vehicle or trailer found on the premises for the purpose of ascertaining whether it is in an unroadworthy condition for the purposes of section 75(1) of this Act.

• (2) In this section (except paragraph (d) below) references to supply include—

• (a) sell,

• (b) offer for sale or supply,

• (c) expose for sale, and

• (d) otherwise keep for sale or supply.

• (3) An authorised examiner may at any reasonable hour enter premises where vehicles or vehicle parts of a class prescribed for the purposes of section 63 of this Act are supplied in the course of a business and test and inspect any such vehicle or vehicle part for the purpose of ascertaining whether the vehicle or vehicle part complies with the type approval requirements applicable to a vehicle or vehicle part of that class.

• (4) For the purpose of testing a motor vehicle and any trailer drawn by it the authorised examiner may drive it and for the purpose of testing a trailer may draw it with a motor vehicle.

• (5) A person who obstructs an authorised examiner acting under this section is guilty of an offence.

• (6) In this section “authorised examiner” means a person who may act as an authorised examiner for the purposes of section 67 of this Act; and any such person, other than a constable in uniform, shall produce his authority to act for the purposes of that section if required to do so.

• (7) A motor vehicle or trailer shall be treated for the purposes of this section as used if, but only if, it has previously been sold or supplied by retail.

Weighing of motor vehicles.

78

• (1) Subject to any regulations made by the Secretary of State, an authorised person may, on production of his authority, require the person in charge of a motor vehicle—

• (a) to allow the vehicle or any trailer drawn by it to be weighed, either laden or unladen, and the weight transmitted to the road by any parts of the vehicle or trailer in contact with the road to be tested, and

• (b) for that purpose, to proceed to a weighbridge or other machine for weighing vehicles.

• (2) For the purpose of enabling a vehicle or a trailer drawn by it to be weighed or a weight to be tested in accordance with regulations under subsection (1) above, an authorised person may require the person in charge of the vehicle to drive the vehicle or to do any other thing in relation to the vehicle or its load or the trailer or its load which is reasonably required to be done for that purpose.

• (3) If a person in charge of a motor vehicle—

• (a) refuses or neglects to comply with any requirement under subsection (1) or (2) above, or

• (b) obstructs an authorised person in the exercise of his functions under this section,

he is guilty of an offence.

• (4) An authorised person may not require the person in charge of the motor vehicle to unload the vehicle or trailer, or to cause or allow it to be unloaded, for the purpose of its being weighed unladen.

• (5) Regulations under subsection (1) above may make provision with respect to—

• (a) the manner in which a vehicle or trailer is to be weighed or a weight is to be tested as mentioned in subsection (1) above, and

• (b) the limits within which, unless the contrary is proved, any weight determined by a weighbridge or other machine for weighing vehicles is to be presumed to be accurate for the purposes of any provision made by or under this Act or by or under any other enactment relating to motor vehicles or trailers,

and the regulations may make different provision in relation to vehicles of different classes, in relation to different types of weighbridges and other machines and in relation to different circumstances.

• (6) If—

• (a) at the time when the requirement is made the vehicle is more than five miles from the weighbridge or other machine, and

• (b) the weight is found to be within the limits authorised by law,

the highway authority (in Scotland, roads authority) on whose behalf the requirement is made must pay, in respect of loss occasioned, such amount as in default of agreement may be determined by a single arbitrator (in Scotland, arbiter) agreed upon by the parties or, in default of agreement, appointed by the Secretary of State.

• (7) The Secretary of State may by order designate areas in Great Britain where subsection (6) above is to have effect, in such cases as may be specified by the order, with the substitution for five miles of a greater distance so specified.

An order under this subsection shall be made by statutory instrument subject to annulment by a resolution of either House of Parliament.

• (8) In this section—

• (a) “road” includes any land which forms part of a harbour or which is adjacent to a harbour and is occupied wholly or partly for the purposes of harbour operations,

• (b) “authorised person” means a person authorised by a highway authority (in Scotland, a roads authority) or a constable authorised on behalf of such an authority by a local policing body or a police authority or a chief officer of police,

and in this subsection “harbour” and “harbour operations” have the meanings given to them by section 57(1) of the Harbours Act 1964.

Further provisions relating to weighing of motor vehicles.

79

• (A1) A stopping officer may direct the driver of a vehicle to stop the vehicle for the purpose of it being weighed under section 78 if the vehicle appears to the officer to be one to which subsection (A2) could apply.

• (A2) This subsection applies to—

• (a) motor vehicles in categories M₂ and M₃ and their trailers in category O;

• (b) motor vehicles in categories N₂ and N₃ and their trailers in categories O₃ and O₄,

as defined in Article 4 of the road vehicles type approval Regulation.

• (1) Where a motor vehicle or trailer is weighed under section 78 of this Act, a certificate of weight must be given to the person in charge of the vehicle, and the certificate so given shall exempt the motor vehicle and the trailer, if any, from being weighed so long as it is during the continuance of the same journey carrying the same load.

• (2) On production of his authority—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) an examiner appointed under section 66A of this Act, or

• (c) any of the Secretary of State’s officers authorised by him in that behalf,

may at any time exercise with respect to the weighing of goods vehicles, public service vehicles, and vehicles which are not public service vehicles but are adapted to carry more than eight passengers, all such powers with respect to the weighing of motor vehicles and trailers as are exercisable under section 78 of this Act by a constable authorised as mentioned in subsection (8) of that section.

• (3) The provisions of section 78 of this Act shall apply accordingly in relation to such vehicles—

• (a) as if references to a constable so authorised included references to such an examiner or officer of the Secretary of State, and

• (b) as if the reference in subsection (6) to the authority on whose behalf the requirement is made were a reference to the Secretary of State, and

• (c) as if the reference in that subsection to the Secretary of State were a reference, in relation to England and Wales, to the Lord Chief Justice of England and, in relation to Scotland, to the Lord President of the Court of Session.

• (4) A certificate in the prescribed form which—

• (a) purports to be signed by an authorised person (within the meaning of section 78 of this Act) or by a person exercising powers by virtue of subsection (2) above, and

• (b) states, in relation to a vehicle identified in the certificate, any weight determined in relation to that vehicle on the occasion of its being brought to a weighbridge or other machine in pursuance of a requirement under section 78(1) of this Act,

shall be evidence (in Scotland, sufficient evidence) of the matter so stated.

• (5) If, for the purposes of or in connection with the determination of any weight in relation to a vehicle which is brought to a weighbridge or other machine as mentioned in section 78(1) of this Act, an authorised person (within the meaning of that section) or a person exercising powers by virtue of subsection (2) above—

• (a) drives a vehicle or does any other thing in relation to a vehicle or its load or a trailer or its load, or

• (b) requires the driver of a vehicle to drive it in a particular manner or to a particular place or to do any other thing in relation to a vehicle or its load or a trailer or its load,

neither he nor any person complying with such a requirement shall be liable for any damage to or loss in respect of the vehicle or its load or the trailer or its load unless it is shown that he acted without reasonable care.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval marks.

80

• (1) Where any international agreement to which the United Kingdom is a party or an EU obligation provides—

• (a) for markings to be applied—

• (i) to motor vehicle parts of any description to indicate conformity with a type approved by any country, or

• (ii) to a motor vehicle to indicate that the vehicle is fitted with motor vehicle parts of any description and either that the parts conform with a type approved by any country or that the vehicle is such that as so fitted it conforms with a type so approved, and

• (b) for motor vehicle parts or, as the case may be, motor vehicles, bearing those markings to be recognised as complying with the requirements imposed by the law of another country,

the Secretary of State may by regulations designate the markings as approval marks . . .

• (2) Any person who, without being authorised by the competent authority to apply any approval mark, applies that mark or a mark so nearly resembling it as to be calculated to deceive is guilty of an offence under the Trade Descriptions Act 1968 . . .

• (3) The conditions subject to which approval of any type may be given on behalf of the United Kingdom or the use of approval marks indicating conformity with a type approved by the United Kingdom may be authorised may include such conditions as to testing or inspection and the payment of fees as the Secretary of State may impose.

• (4) In this section—

• “motor vehicle” means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle,

• “motor vehicle part” means any article made or adapted for use as part of a mechanically propelled vehicle or a vehicle drawn by a mechanically propelled vehicle, or for use as part of the equipment of any such vehicle, and shall be treated as including any equipment for the protection of drivers or passengers in or on a motor vehicle notwithstanding that it does not form part of, or of the equipment of, that vehicle, and

• “the competent authority” means—as respects any approval marks indicating conformity with a type approved by the United Kingdom, the Secretary of State, andas respects any approval marks indicating conformity with a type approved by any other country, the authority having power under the law of that country to authorise the use of that mark.

Pedal cycles and horse-drawn vehicles

Regulation of brakes, bells etc., on pedal cycles.

81

• (1) The Secretary of State may make regulations as to the use on roads of cycles, their construction and equipment and the conditions under which they may be so used.

• (2) In particular, but without prejudice to the generality of subsection (1) above, the regulations may make provision as to—

• (a) the number, nature and efficiency of brakes and their maintenance in proper working order,

• (b) the appliances to be fitted for signalling approach and their maintenance in proper working order, and

• (c) the testing and inspection, by persons authorised under the regulations, of any equipment prescribed under this section and of lighting equipment and reflectors.

• (3) Regulations under this section may provide for repealing byelaws dealing with the same subject-matter as the regulations, and for suspending while the regulations remain in force any power of making such byelaws.

• (4) Regulations under this section may be made so as to apply either generally or in such circumstances only as may be specified in the regulations.

• (5) Regulations under this section as to the use on roads of cycles may prohibit the sale or supply, or the offer of a sale or supply, of a cycle for delivery in such a condition that the use of it on a road in that condition would be a contravention of the regulations, but no provision made by virtue of this subsection shall affect the validity of any contract or any rights arising under a contract.

• (6) If a person sells or supplies or offers to sell or supply a cycle in contravention of any prohibition imposed by regulations made by virtue of subsection (5) above, he is guilty of an offence, unless he proves—

• (a) that it was sold, supplied or offered for export from Great Britain, or

• (b) that he had reasonable cause to believe that it would not be used on a road in Great Britain, or would not be so used until it had been put into a condition in which it might lawfully be so used.

Regulation of brakes on horse-drawn vehicles.

82

• (1) The Secretary of State may make regulations for regulating the number, nature and use of brakes, including skid pans and locking-chains, in the case of vehicles drawn by horses or other animals, or any class of such vehicles, when used on roads.

• (2) Regulations under this section may be made for securing that such brakes are efficient and kept in proper working order, and for empowering persons authorised by or under the regulations to test and inspect any such brakes, whether on a road or elsewhere.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Regulations under this section may be made so as to apply either generally or in such circumstances only as may be specified in the regulations.

Miscellaneous

Offences to do with reflectors and tail lamps.

83

A person who sells, or offers or exposes for sale, any appliance adapted for use as a reflector or tail lamp to be carried on a vehicle in accordance with the provisions of this Act or of any regulations made under it, not being an appliance which complies with the construction and use requirements applicable to a class of vehicles for which the appliance is adapted, is guilty of an offence.

Appointment of officials and destination of fees.

84

• (1) Subject to the consent of the Treasury as to number, the Secretary of State may appoint such officers and servants as he considers necessary for the operation of the provisions of sections 68 to 73 of this Act.

• (2) There shall be paid to examiners appointed under section 66A of this Act such remuneration or salaries and such allowances (if any) as the Secretary of State may, with the consent of the Treasury, determine.

• (3) In every year there shall be paid out of monies provided by Parliament such sums as the Secretary of State may, with the consent of the Treasury, direct in respect of the remuneration, salaries and allowances under subsection (2) above and the other expenses of examiners.

• (4) Any sum received by the Secretary of State in pursuance of sections 45, 46, 49 to 51, 54 to 62,72(9) and 80 of this Act shall be paid into the Consolidated Fund.

Interpretation of Part II.

85

In this Part of this Act—

• ...

• ...

• “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;

• “EEA State” means a state which is a contracting Party to the EEA Agreement;

• “EU certificate of conformity” means a certificate of conformity issued by a manufacturer under Article 38 of the motorcycle type approval Regulation, or under Article 38 of that Regulation as it has effect in EU law;

• “the EU Tachographs Regulation” means Regulation (EU) No. 165/2914 of the European Parliament and of the Council on tachographs in road transport as read with the Community Drivers’ Hours and Recording Equipment Regulations 2007;

• ...

• ...

• ...

• “the motorcycle type approval Regulation” means Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15th January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles as it may be amended from time to time,

• “official testing station” means a testing station maintained by the Secretary of State under section 72A of this Act,

• “prescribed” means prescribed by regulations made by the Secretary of State,

• “public service vehicle” has the same meaning as in the Public Passenger Vehicles Act 1981,

• “the road vehicles type approval Directive” means Directive 2007/46/EC of the European Parliament and of the Council of 5th September 2007 establishing a framework for the approval of motor vehicles and their trailers and of systems, components and separate technical units intended for such vehicles,

• “the road vehicles type approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles,

• “sold or supplied by retail” means sold or supplied otherwise than to a person acquiring solely for the purpose of resale or of re-supply for a valuable consideration,

• “tail lamp” means, in relation to a vehicle, any lamp carried attached to the vehicle for the purpose of showing a red light to the rear in accordance with regulations under section 41 of this Act,

• “the tractor type approval Regulation” means Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5th February 2013 on the approval and market surveillance of agricultural and forestry vehicles as it may be amended from time to time,

• “traffic area” has the same meaning as in the Public Passenger Vehicles Act 1981 , and

• “vehicle part” means any article which is a motor vehicle part, within the meaning of section 80 of this Act, and any other article which is made or adapted for use as part of, or as part of the equipment of, a vehicle which is intended or adapted to be used on roads but which is not a motor vehicle within the meaning of that section.

Index to Part II.

86

The expressions listed in the left-hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Part of this Act listed in the right-hand column in relation to those expressions.

Part III — Licensing of drivers of vehicles

Requirement to hold licence

Drivers of motor vehicles to have driving licences.

87

• (1) It is an offence for a person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising him to drive a motor vehicle of that class.

• (2) It is an offence for a person to cause or permit another person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising that other person to drive a motor vehicle of that class.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exceptions.

88

• (1) Notwithstanding section 87 of this Act, a person may drive or cause or permit another person to drive a vehicle of any class at any time if—

• (a) the driver has held—

• (i) a licence under this Part of this Act to drive vehicles of that or a corresponding class, or

• (ia) a Community licence to drive vehicles of that or a corresponding class, or

• (ii) a Northern Ireland licence to drive vehicles of that or a corresponding class, or

• (iii) a British external licence or British Forces licence to drive vehicles of that or a corresponding class, or

• (iv) an exchangeable licence to drive vehicles of that or a corresponding class, and

• (b) either—

• (i) a qualifying application by the driver for the grant of a licence to drive vehicles of that class for a period which includes that time has been received by the Secretary of State, or

• (ii) a licence to drive vehicles of that class granted to him has been revoked or surrendered in pursuance of section 99(2A), (3) or (4) of this Act otherwise than by reason of a current disqualification or of its having been granted in error and he has complied with any requirements imposed on him under section 99(7B) of this Act, and

• (c) any conditions which by virtue of section 97(3) or 98(2) of this Act apply to the driving under the authority of the licence of vehicles of that class are complied with.

• (1A) An application for the grant of a licence to drive vehicles of any class is a qualifying application for the purposes of subsection (1)(b)(i) above if—

• (a) the requirements of paragraphs (a), (b) so far as it relates to initial evidence and (c) of section 97(1) of this Act have been satisfied;

• (b) the applicant—

• (i) is not subject to a current disqualification which is relevant to the licence he applies for, and

• (ii) is not prevented from obtaining it by section 89 of this Act or section 4 of or paragraph 6 or 9 of Schedule 1 to the Road Traffic (New Drivers) Act 1995; and

• (c) the declaration made in pursuance of section 92(1) of this Act indicates that he is not suffering from a relevant disability.

• (1B) A disqualification is relevant to a licence for which a person makes an application if—

• (a) in the case of an application made by virtue of any provision of subsection (1)(a) above, the disqualification subsists under or by virtue of any provision of the Road Traffic Acts or Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 and relates to vehicles of the class to which his application relates;

• (aa) in the case of an application made by virtue of subsection (1)(a)(ia) above, the disqualification subsists under or by virtue of any provision of the law of an EEA State ... and relates to vehicles of the class, or of a class corresponding to the class, to which his application relates;

• (b) in the case of an application made by virtue of subsection (1)(a)(ii) above, the disqualification subsists under or by virtue of any provision of the law of Northern Ireland and relates to vehicles of the class, or of a class corresponding to the class, to which his application relates;

• (c) in the case of an application made by virtue of subsection (1)(a)(iii) above, the disqualification subsists under or by virtue of any provision of the relevant external law or, as the case may be, is a disqualification for holding or obtaining a British Forces licence and relates to vehicles of the class, or of a class corresponding to the class, to which his application relates; and

• (d) in the case of an application made by virtue of subsection (1)(a)(iv) above, the disqualification subsists under or by virtue of any provision of the law of the . . . country or territory under which the licence which he held was granted and relates to vehicles of the class, or of a class corresponding to the class, to which his application relates;

but a disqualification which does not prevent the person disqualified from obtaining a provisional licence or, as the case may be, a licence corresponding to a provisional licence is relevant to a full licence but not to a provisional licence.

• (2) The benefit of subsection (1) above does not extend—

• (a) beyond the date when a licence is granted in pursuance of the application mentioned in subsection (1)(b) above or (as the case may be) in pursuance of section 99(7) or (7A) of this Act in consequence of the revocation or surrender so mentioned, or

• (b) in a case where a licence is not in fact so granted, beyond the expiration of the period of one year or such shorter period as may be prescribed, beginning on the date of the application or (as the case may be) the revocation or surrender mentioned in subsection (1)(b) above , or

• (c) in a case where a licence is refused under section 92(3) of this Act, beyond the day on which the applicant receives notice of the refusal.

• (2A) Subsection (1) above does not apply by virtue of an application mentioned in paragraph (b) of that subsection having been received by the Secretary of State if—

• (a) the application was made as a result of, or in anticipation of, the expiry of a disqualification relevant to the licence applied for,

• (b) either the nature of the disqualification or its imposition within a particular period after an earlier disqualification amounted to circumstances prescribed under subsection (4) of section 94 of this Act (disqualification: high risk offenders), and

• (c) the Secretary of State has notified the applicant that, because of that, he will be subject to a requirement under paragraph (a) or (b) of subsection (5) of that section.

• (3) The Secretary of State may by regulations provide that subsection (1) above shall also apply (where the requirements of that subsection are otherwise met) in the case of a person who has not previously held a licence to drive vehicles of the relevant class.

• (4) Regulations made by virtue of subsection (3) above shall, if not previously revoked, expire at the end of the period of one year beginning with the day on which they came into operation.

• (5) Regulations may provide that a person who becomes resident in Great Britain shall, during the prescribed period after he becomes so resident, be treated for the purposes of section 87 of this Act as the holder of a licence authorising him to drive motor vehicles of the prescribed classes if—

• (a) he satisfies the prescribed conditions, and

• (b) he is the holder of a permit of the prescribed description authorising him to drive vehicles under the law of a country outside the United Kingdom.

• (6) Regulations made by virtue of subsection (5) above may provide for the application of any enactment relating to licences ... or licence holders, with or without modifications, in relation to any such permit and its holder respectively.

• (7) Notwithstanding section 87 of this Act—

• (a) a person who is not the holder of a licence may act as steersman of a motor 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, under the orders of another person engaged in the driving of the vehicle who

• (i) is licensed in that behalf in accordance with the requirements of this Part and Part IV of this Act, or

• (ii) is authorised by virtue of section 99A(1) of this Act to drive in Great Britain such a motor vehicle, and

• (b) a person may cause or permit another person who is not the holder of a licence so to act.

• (8) In this Part of this Act—

• “British external licence” means a licence granted in the Isle of Man or any of the Channel Islands under the relevant external law;

• “British Forces licence” means a licence granted in the Federal Republic of Germany by the British authorities to members of the British Forces or of the civilian components of those Forces of their dependants; and

• “relevant external law” means the law for the time being in force in the Isle of Man or any of the Channel Islands which corresponds to this Part of this Act.

Tests

Tests of competence to drive.

89

• (1) A licence authorising the driving of motor vehicles of any class shall not be granted to any person unless he ... satisfies the Secretary of State—

• (a) that at some time during the period of two years ending with the date the application is made but not earlier than the appointed day he has passed—

• (i) the test of competence to drive prescribed by virtue of subsection (3) below, or

• (ii) a Northern Ireland test of competence to drive which corresponds to such a test, or

• (iii) a test of competence which under subsection (6) below is a sufficient test;

. . . or

• (b) that at some time not earlier than the appointed day he has held—

• (i) a full licence authorising the driving of vehicles of that class, or

• (ii) a full Northern Ireland licence authorising the driving of vehicles of that or a corresponding class;

or that, if it is available to him, he satisfies the alternative requirement of section 89A of this Act; or

• (c) that at some time during the period of two years ending with the date the application is made he has passed a test of competence to drive vehicles of that or a corresponding class . . . for the purpose of obtaining a British Forces licence; or

• (d) that at some time not earlier than the appointed day he has held a full British external licence or a full British Forces licence to drive vehicles of that or a corresponding class . . . ; or

• (e) that at some time during the period of two years ending with the date the application is made he has passed a test of competence to drive vehicles of that or a corresponding class conducted under the law . . . of Gibraltar . . .; or

• (ea) that either at the time of the application for the licence he holds a Community licence authorising the driving of vehicles of that or a corresponding class or at some time he has held such a Community licence; or

• (f) that, at the time of the application for the licence, he holds an exchangeable licence authorising the driving of vehicles of that or a corresponding class.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) For the purposes of subsection (1) above—

• (a) a licence which has been revoked under section 99(3) of this Act or under any corresponding provision of—

• (i) the law of Northern Ireland,

• (ii) the relevant external law, or

• (iii) the law of an EEA State ...,

as a licence granted in error shall be disregarded for the purposes of paragraph (b), (d) or (ea) (as the case may be) of that subsection;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) a British external licence to drive any class of goods vehicle or any class of passenger-carrying vehicle is to be disregarded for the purposes of paragraph (d) of that subsection unless the Secretary of State, by order made by statutory instrument, designates the relevant external law under which it is granted as one which makes satisfactory provision for the granting of such licences.

• (2A) Except as provided under subsection (5A) below, no person submitting himself for a test of competence to drive a motor bicycle shall be permitted to take the test unless he furnishes the prescribed certificate of completion by him of an approved training course for motor cyclists either with his application for an appointment for a test or to the person who is to conduct the test.

• (3) Regulations may make provision with respect to—

• (a) the nature of tests of competence to drive for the purposes of this section and section 36 of the Road Traffic Offenders Act 1988 (disqualification) and the administrative arrangements for submitting for such tests,

• (b) the qualifications, selection and appointment of persons by whom they may be conducted , conditions which must be satisfied during the currency of an appointment, the charging of reasonable fees in respect of applications for appointment or appointments or in connection with any examination or assessment which may be required before appointment or during the currency of any appointment and the revocation of any appointment,

• (ba) the duty of a person submitting himself for a test to produce, and in prescribed circumstances surrender, any licence previously granted to him,

• (c) evidence of the results of such tests,

and generally with respect to such tests.

• (4) Regulations under subsection (3)(a) above may in particular provide—

• (a) for requiring a person submitting himself for a test to provide a safe and suitable vehicle for the purposes of the test and for requiring that, if the vehicle is a vehicle of a prescribed description, it has been certified in the prescribed manner after a prescribed inspection as satisfying such requirements as may be prescribed,

• (aa) for requiring a person submitting himself for a test to have been normally and lawfully resident in Great Britain or the United Kingdom (within the meaning of section 97A) for such period ending on the date of his appointment for the test as may be prescribed,

• (b) for the charging (whether on the making of an appointment for a test or otherwise) of reasonable fees for or in connection with the test and any inspection of a vehicle required by regulations under paragraph (a) above in relation to the test,

• (c) for ensuring that a person submitting himself for a test and failing to pass that test shall not be eligible to submit himself for another test by the same or any other person before the expiration of a period specified in the regulations, except under an order made by a court or sheriff under the power conferred by section 90 of this Act,

and different regulations may be made with respect to tests of competence to drive different classes of vehicles.

• (5) If regulations make provision for a test of competence to drive to consist of separate parts, they may make for each part—

• (a) any provision that could be made for a test not consisting of separate parts, . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5ZA) Regulations under subsection (3)(b) above may in particular provide—

• (a) for the supply by the Secretary of State to persons by whom tests of competence to drive, or parts of such tests, may be conducted of forms for certificates evidencing the results of such tests or parts of such tests, and

• (b) for the charging of reasonable fees in respect of the exercise of any function conferred or imposed on the Secretary of State by the regulations.

• (5A) Regulations may prescribe cases in which persons are exempt from the requirement imposed by subsection (2A) above; and the regulations may—

• (a) limit the exemption to persons in prescribed circumstances;

• (b) limit the exemption to a prescribed period;

• (c) attach conditions to the exemption; and

• (d) regulate applications for, and the issue and form of, certificates evidencing a person’s exemption from that requirement.

• (6) For the purposes of subsection (1)(a)(iii) above . . . , a test of competence shall be sufficient for the granting of a licence authorising the driving of—

• (a) vehicles of any class, if at the time the test was passed it authorised the granting of a licence to drive vehicles of that class,

• (b) vehicles of all classes which are designated by regulations as a group for the purposes of subsection (1)(a) above, if at the time the test was passed it authorised the granting of a licence to drive vehicles of any class included in the group , and

• (c) vehicles of all classes included in another such group, if a person passing the test is treated by virtue of regulations made for the purposes of this paragraph as competent also to drive vehicles of a class included in that other group.

• (7) If vehicles of any classes are designated by regulations as a group for the purposes of subsection (1)(b) above, a licence authorising the driving of vehicles of a class included in the group shall be deemed for the purposes of subsection (1)(b)(i) above or section 89A(4)(a) below to authorise the driving of—

• (a) vehicles of all classes included in the group (except where regulations otherwise provide), and

• (b) vehicles of all classes included in another such group, if a person holding the licence is treated by virtue of regulations as competent also to drive vehicles of a class included in that other group.

The reference in this subsection to a licence does not include a licence which has been revoked in pursuance of section 99(3) of this Act.

• (8) For the purposes of this section and section 88(1) of this Act, an exchangeable licence issued in respect of a . . ., country or territory shall not be treated as authorising a person to drive a vehicle of any class if—

• (a) the licence is not for the time being valid for that purpose, or

• (b) it was issued in respect of that class for a purpose corresponding to that mentioned in section 97(2) of this Act.

• (9) A test of competence falling within paragraphs (a)(ii), (c) or (e) of subsection (1) above shall be sufficient for the granting of a licence authorising the driving of—

• (a) vehicles of all classes designated by regulations as a group for the purposes of subsection (1)(a) above, if (except where regulations otherwise provide) at the time the test was passed it authorised the granting of a licence to drive vehicles of any class included in the group, or of any class corresponding to a class included in the group, and

• (b) vehicles of all classes included in another such group, if a person passing a test of competence authorising the granting of a licence to drive vehicles of a class included in the group mentioned in paragraph (a) above is treated by virtue of regulations as competent also to drive vehicles of a class included in that other group.

• (10) A full Northern Ireland licence, a full British external licence, a full British Forces licence , a Community licence or an exchangeable licence shall be treated for the purposes of paragraphs (b)(ii), (d) , (ea) or (f) (as the case may be) of subsection (1) above as authorising the driving of—

• (a) (except where regulations otherwise provide) vehicles of all classes designated by regulations as a group for the purposes of subsection (1)(b) above, if the licence authorises the driving of vehicles of any class included in the group, or any class corresponding to a class included in the group, and

• (b) vehicles of all classes included in another such group, if by virtue of regulations a person holding a licence authorising him to drive vehicles of any class included in the group mentioned in paragraph (a) above is treated as competent also to drive vehicles of a class included in that other group.

• (11) . . . In this section and section 89A “the appointed day” means the day appointed for the coming into force of section 1 of the Road Traffic (Driver Licensing and Information Systems) Act 1989.

The alternative requirements to those in section 89.

89A

• (1) The alternative requirements referred to in section 89(1) of this Act are the following.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The requirement which is alternative to that specified in section 89(1)(b) on an application by a person for a licence authorising the driving of motor vehicles of any class other than any class of goods vehicle or passenger-carrying vehicle prescribed for the purposes of subsection (5) below is that at some time before the appointed day but not earlier than 1st January 1976 he has held—

• (a) a full licence authorising the driving of vehicles of a class corresponding to the class of motor vehicle to which his application relates, or

• (b) a full Northern Ireland licence authorising the driving of vehicles of a class corresponding to the class of motor vehicle to which his application relates.

• (5) The requirement which is alternative to that specified in section 89(1)(b) on an application by a person for a licence authorising the driving of any class of goods vehicle or passenger-carrying vehicle prescribed for the purposes of this subsection is that at some time before the appointed day but not earlier than the beginning of the period of five years ending with the appointed day he has held—

• (a) a full heavy goods vehicle or a public service vehicle driver’s licence authorising the driving of vehicles of a class corresponding to the class of vehicle to which his application relates, or

• (b) a full Northern Ireland licence to drive heavy goods vehicles of a class corresponding to the class of vehicle to which his application relates or a Northern Ireland licence to drive public service vehicles of a class corresponding to the class of vehicle to which his application relates.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) In this section “heavy goods vehicle” and “public service vehicle” have the same meaning as they had for the purposes of Part IV of this Act or section 22 of the Public Passenger Vehicles Act 1981 before their repeal by section 1 of the Road Traffic (Driver Licensing and Information Systems) Act 1989.

Review of conduct of test.

90

• (1) On the application of a person who has submitted himself for a test of competence to drive—

• (a) a magistrates’ court . . . , or

• (b) in Scotland, the sheriff within whose jurisdiction he resides,

may determine whether the test was properly conducted in accordance with 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 89(4)(c) 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.

• (3) If regulations make provision for a test of competence to drive to consist of separate parts, this section applies in relation to each part as well as in relation to the whole of the test.

Repayment of test fees.

91

The whole or any part of a fee paid in pursuance of regulations made by virtue of section 89(4) of this Act on application for an appointment for a test may be repaid in the following cases and not otherwise—

• (a) if no such appointment is made, or an appointment made is subsequently cancelled by or on behalf of the Secretary of State,

• (b) if the person for whom the appointment is made gives such notice cancelling the appointment as may be prescribed for the purposes of this paragraph by regulations,

• (c) if the person for whom the appointment is made keeps the appointment, but the test does not take place, or is not completed, for reasons attributable neither to him nor to any vehicle provided by him for the purposes of the test, or

• (d) if an order for the repayment of the fee is made by the court or, as the case may be, sheriff under section 90 of this Act pursuant to a finding that the test was not properly conducted in accordance with the regulations.

Physical fitness

Requirements as to physical fitness of drivers.

92

• (1) An application for the grant of a licence must include a declaration by the applicant, in such form as the Secretary of State may require, stating whether he is suffering or has at any time (or, if a period is prescribed for the purposes of this subsection, has during that period) suffered from any relevant disability or any prospective disability.

• (2) In this Part of this Act—

• “disability” includes disease and the persistent misuse of drugs or alcohol, whether or not such misuse amounts to dependency,

• “relevant disability” in relation to any person means—any prescribed disability, andany other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public, and

• “prospective disability” in relation to any person means any other disability which—at the time of the application for the grant of a licence or, as the case may be, the material time for the purposes of the provision in which the expression is used, is not of such a kind that it is a relevant disability, butby virtue of the intermittent or progressive nature of the disability or otherwise, may become a relevant disability in course of time.

• (3) If it appears from the applicant’s declaration, or if on inquiry the Secretary of State is satisfied from other information, that the applicant is suffering from a relevant disability, the Secretary of State must, subject to the following provisions of this section, refuse to grant the licence.

• (4) The Secretary of State must not by virtue of subsection (3) above refuse to grant a licence—

• (a) on account of any relevant disability which is prescribed for the purposes of this paragraph, if the applicant has at any time passed a relevant test and it does not appear to the Secretary of State that the disability has arisen or become more acute since that time or was, for whatever reason, not disclosed to the Secretary of State at that time,

• (b) on account of any relevant disability which is prescribed for the purposes of this paragraph, if the applicant satisfies such conditions as may be prescribed with a view to authorising the grant of a licence to a person in whose case the disability is appropriately controlled,

• (c) on account of any relevant disability which is prescribed for the purposes of this paragraph, if the application is for a provisional licence.

• (5) Where as a result of a test of competence to drive or of information obtained under the relevant powers the Secretary of State is satisfied that the person who took the test or in relation to whom the information was obtained is suffering from a disability such that there is likely to be a danger to the public—

• (a) if he drives any vehicle, . . .

• (b) if he drives a vehicle other than a vehicle of a particular class,

• (c) if he drives a vehicle except in accordance with particular conditions,

the Secretary of State must serve notice in writing to that effect on that person and must include in the notice a description of the disability.

• (6) Where a notice is served in pursuance of subsection (5)(a) above, then—