Road Traffic Act 1988

• (a) if the disability is not prescribed under subsection (2) above, it shall be deemed to be so prescribed in relation to the person on whom the notice is served, and

• (b) if the disability is prescribed for the purposes of subsection (4)(c) above it shall be deemed not to be so prescribed in relation to him.

• (7) Where a notice is served in pursuance of subsection (5)(b) above, the Secretary of State may—

• (a) if the person on whom the notice is served is an applicant for a licence, grant him a licence limited to vehicles of the particular class specified in the notice, or

• (b) if he held a licence which is revoked by the Secretary of State and he complies with subsection (7ZB) below, grant him a licence limited to vehicles of that class,

and, if the Secretary of State so directs in the notice, his entitlement to drive other classes of vehicle by virtue of section 98(2) of this Act shall be limited as specified in the notice.

• (7ZA) Where a notice is served in pursuance of subsection (5)(c) above, the Secretary of State may—

• (a) if the person on whom the notice is served is an applicant for a licence, grant him a licence authorising him to drive vehicles subject to the particular conditions specified in the notice, or

• (b) if he held a licence which is revoked by the Secretary of State and he complies with subsection (7ZB) below, grant him a licence authorising him to drive vehicles subject to those conditions,

and, if the Secretary of State so directs in the notice, any entitlement which the person has to drive vehicles by virtue of section 98(2) of this Act shall be subject to conditions as specified in the notice.

• (7ZB) A person complies with this subsection if—

• (a) he surrenders the existing licence ..., and

• (b) where the Secretary of State so requires, he provides evidence of his name, address, sex and date and place of birth and a photograph which is a current likeness of him.

• (7A) If he considers it appropriate to do so, the Secretary of State may, after serving a notice under any of the paragraphs of subsection (5) above, serve a further notice under that paragraph or a notice under another of those paragraphs; and on his serving the later notice the notice previously served shall cease to have effect and any licence previously granted in accordance with it shall be revoked by the later notice.

• (7B) In subsection (5) above the references to a test of competence to drive and to information obtained under the relevant power are references respectively to a test of competence prescribed for the purposes of section 89 or so much of such a test as is required to be taken in pursuance of section 94(5)(c) of this Act and to information obtained in pursuance of section 94(5)(a) or (b) of this Act.

• (7C) A person whose licence is revoked by virtue of subsection (7A) above must deliver the licence ... to the Secretary of State forthwith after the revocation and a person who, without reasonable excuse, fails to do so is guilty of an offence.

• (7D) In subsection (7B) above the references to section 94 of this Act include references to that section as applied by section 99D or 109C of this Act.

• (8) In this section “relevant test”, in relation to an application for a licence, means any such test of competence as is mentioned in section 89 of this Act or a test as to fitness or ability in pursuance of section 100 of the Road Traffic Act 1960 as originally enacted, being a test authorising the grant of a licence in respect of vehicles of the classes to which the application relates.

• (9) Without prejudice to subsection (8) above, for the purposes of subsection (4)(a) above—

• (a) an applicant shall be treated as having passed a relevant test if, and on the day on which, he passed a test of competence to drive which—

• (i) under a provision of the law of Northern Ireland or a relevant external law corresponding to subsections (3) and (4) or (6) of section 89 of this Act, either is prescribed in relation to vehicles of classes corresponding to the classes to which the application relates or is sufficient under that law for the granting of a licence authorising the driving of vehicles of those classes, or

• (ii) is sufficient for the granting of a British Forces licence authorising the driving of vehicles of those classes, and

• (b) in the case of an applicant who is treated as having passed a relevant test by virtue of paragraph (a) above, disclosure of a disability to his licensing authority shall be treated as disclosure to the Secretary of State.

. . .

• (10) A person who holds a licence authorising him to drive a motor vehicle of any class and who drives a motor vehicle of that class on a road is guilty of an offence if the declaration included in accordance with subsection (1) above in the application on which the licence was granted was one which he knew to be false.

Revocation of licence because of disability or prospective disability.

93

• (1) If the Secretary of State is at any time satisfied on inquiry—

• (a) that a licence holder is suffering from a relevant disability, and

• (b) that the Secretary of State would be required by virtue of section 92(3) . . . of this Act to refuse an application for the licence made by him at that time,

the Secretary of State may serve notice in writing on the licence holder revoking the licence with effect from such date as may be specified in the notice, not being earlier than the date of service of the notice.

• (2) If the Secretary of State is at any time satisfied on inquiry that a licence holder is suffering from a prospective disability, the Secretary of State may—

• (a) serve notice in writing on the licence holder revoking the licence with effect from such date as may be specified in the notice, not being earlier than the date of service of the notice, and

• (b) on receipt of the licence so revoked ... and of an application made for the purposes of this subsection, grant to the licence holder, free of charge, a new licence for a period determined by the Secretary of State under section 99(1)(b) of this Act.

• (2A) The Secretary of State may require a person to provide—

• (a) evidence of his name, address, sex and date and place of birth, and

• (b) a photograph which is a current likeness of him,

before granting a licence to him on an application made for the purposes of subsection (2) above or subsection (6) below.

• (3) A person whose licence is revoked under subsection (1) or (2) above must deliver up the licence ... to the Secretary of State forthwith after the revocation and a person who, without reasonable excuse, fails to do so is guilty of an offence.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Where the Secretary of State—

• (a) is at any time sent by the licensing authority in Northern Ireland a licence under a provision of Northern Ireland law corresponding to section 109B of this Act, and

• (b) by virtue of the reasons given by that authority for sending the licence is at that time satisfied as mentioned in subsection (1)(a) and (b) above or that the licence holder is suffering from a prospective disability,

the Secretary of State may serve notice in writing on the licence holder revoking the licence with effect from such date as may be specified in the notice, not being earlier than the date of service of the notice.

• (6) Where the reasons given by the licensing authority in Northern Ireland for sending the licence relate to a prospective disability of the holder, the Secretary of State may, on an application made for the purposes of this subsection, grant to the holder, free of charge, a new licence for a period determined by the Secretary of State under section 99(1)(b) of this Act.

Provision of information, etc. relating to disabilities.

94

• (1) If at any time during the period for which his licence remains in force, a licence holder becomes aware—

• (a) that he is suffering from a relevant or prospective disability which he has not previously disclosed to the Secretary of State, or

• (b) that a relevant or prospective disability from which he has at any time suffered (and which has been previously so disclosed) has become more acute since the licence was granted,

the licence holder must forthwith notify the Secretary of State in writing of the nature and extent of his disability.

• (2) The licence holder is not required to notify the Secretary of State under subsection (1) above if—

• (a) the disability is one from which he has not previously suffered, and

• (b) he has reasonable grounds for believing that the duration of the disability will not extend beyond the period of three months beginning with the date on which he first becomes aware that he suffers from it.

• (3) A person who fails without reasonable excuse to notify the Secretary of State as required by subsection (1) above is guilty of an offence.

• (3A) A person who holds a licence authorising him to drive a motor vehicle of any class and who drives a motor vehicle of that class on a road is guilty of an offence if at any earlier time while the licence was in force he was required by subsection (1) above to notify the Secretary of State but has failed without reasonable excuse to do so.

• (4) If the prescribed circumstances obtain in relation to a person who is an applicant for, or the holder of, a licence of if the Secretary of State has reasonable grounds for believing that a person who is an applicant for, or the holder of, a licence may be suffering from a relevant or prospective disability, subsection (5) below applies for the purpose of enabling the Secretary of State to satisfy himself whether or not that person may be suffering from that or any other relevant or prospective disability.

• (5) The Secretary of State may by notice in writing served on the applicant or holder—

• (a) require him to provide the Secretary of State, within such reasonable time as may be specified in the notice, with such an authorisation as is mentioned in subsection (6) below, or

• (b) require him, as soon as practicable, to arrange to submit himself for examination—

• (i) by such registered medical practitioner or practitioners as may be nominated by the Secretary of State, or

• (ii) with respect to a disability of a prescribed description, by such officer of the Secretary of State as may be so nominated,

for the purpose of determining whether or not he suffers or has at any time suffered from a relevant or prospective disability, or

• (c) except where the application is for, or the licence held is, a provisional licence, require him to submit himself for such a test of competence to drive as the Secretary of State directs in the notice.

• (6) The authorisation referred to in subsection (5)(a) above—

• (a) shall be in such form and contain such particulars as may be specified in the notice by which it is required to be provided, and

• (b) shall authorise any registered healthcare professional identified in those particulars to release to the Secretary of State any information which he may have, or which may be available to him, with respect to the question whether, and if so to what extent, the applicant or licence holder concerned may be suffering, or may at any time have suffered, from a relevant or prospective disability.

• (6A) Where a registered healthcare professional (A) identified in the particulars of an authorisation provided under subsection (5)(a) considers that another registered healthcare professional (P) has information with respect to the question set out in subsection (6)(b), A may give a copy of that authorisation to P.

• (6B) Where a registered healthcare professional has received a copy of an authorisation in accordance with subsection (6A), that registered healthcare professional is authorised to release to the Secretary of State any information which they may have with respect to the question set out in subsection (6)(b).

• (7) If he considers it appropriate to do so in the case of any applicant or licence holder, the Secretary of State—

• (a) may include in a single notice under subsection (5) above requirements under more than one paragraph of that subsection, and

• (b) may at any time after the service of a notice under that subsection serve a further notice or notices under that subsection.

• (8) If any person on whom a notice is served under subsection (5) above—

• (a) fails without reasonable excuse to comply with a requirement contained in the notice, or

• (b) fails any test of competence which he is required to take as mentioned in paragraph (c) of that subsection,

the Secretary of State may exercise his powers under sections 92 and 93 of this Act as if he were satisfied that the applicant or licence holder concerned is suffering from a relevant disability which is not prescribed for the purposes of any paragraph of section 92(4) of this Act or, if the Secretary of State so determines, as if he were satisfied that the applicant or licence holder concerned is suffering from a prospective disability.

• (9) Except where the requirement is made in the circumstances prescribed for the purposes of subsection (5) above, it shall be for the Secretary of State (and not for any other person) to defray any fees or other reasonable expenses of a registered healthcare professional in connection with—

• (a) the provision of information in pursuance of an authorisation required to be provided under subsection (5)(a) above, ...

• (b) any examination which a person is required to undergo as mentioned in subsection (5)(b) above , or

• (c) the provision of information authorised by subsection (6B).

• (10) In this section, “registered healthcare professional” means a person on the register of one or more of the following bodies—

• (a) the General Chiropractic Council;

• (b) the General Medical Council;

• (c) the General Optical Council;

• (d) the General Osteopathic Council;

• (e) the Nursing and Midwifery Council;

• (f) the Health and Care Professions Council.

Driving after refusal or revocation of licence.

94A

• (1) A person who drives a motor vehicle of any class on a road otherwise than in accordance with a licence authorising him to drive a motor vehicle of that class is guilty of an offence if—

• (a) at any earlier time the Secretary of State—

• (i) has in accordance with section 92(3) of this Act refused to grant such a licence,

• (ii) has under section 93 of this Act revoked such a licence, or

• (iii) has served notice on that person in pursuance of section 99C(1) or (2) or 109B of this Act requiring him to deliver to the Secretary of State a Community licence or Northern Ireland licence authorising him to drive a motor vehicle of that or a corresponding class, and

• (b) since that earlier time he has not been granted—

• (i) a licence under this Part of this Act, or

• (ii) a Community licence or Northern Ireland licence,

authorising him to drive a motor vehicle of that or a corresponding class.

• (2) Section 88 of this Act shall apply in relation to subsection (1) above as it applies in relation to section 87.

Notification of refusal of insurance on grounds of health.

95

• (1) If an authorised insurer refuses to issue to any person such a policy of insurance as complies with the requirements of Part VI of this Act on the ground that the state of health of that person is not satisfactory, or on grounds which include that ground, the insurer shall as soon as practicable notify the Secretary of State of that refusal and of the full name, address, sex and date of birth of that person as disclosed by him to the insurer.

• (2) “Authorised insurer” means an insurer who is a member of the Motor Insurers Bureau (a company limited by guarantee and incorporated under the Companies Act 1929 on 14th June 1946).

• (3) “Insurer” means—

• (a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to effect or carry out relevant contracts of insurance, ...

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

• (4) A contract is a relevant contract of insurance if the risk insured against relates to—

• (a) the insured sustaining accidental injury or death as a result of travelling as a passenger;

• (b) land vehicles;

• (c) goods in transit; or

• (d) motor vehicle liability.

• (5) This section must be read with—

• (a) section 22 of the Financial Services and Markets Act 2000;

• (b) any order for the time being in force under that section; and

• (c) Schedule 2 to that Act.

Driving with uncorrected defective eyesight.

96

• (1) If a person drives a motor vehicle on a road while his eyesight is such (whether through a defect which cannot be or one which is not for the time being sufficiently corrected) that he cannot comply with any requirement as to eyesight prescribed under this Part of this Act for the purposes of tests of competence to drive, he is guilty of an offence.

• (2) A constable having reason to suspect that a person driving a motor vehicle may be guilty of an offence under subsection (1) above may require him to submit to a test for the purpose of ascertaining whether, using no other means of correction than he used at the time of driving, he can comply with the requirement concerned.

• (3) If that person refuses to submit to the test he is guilty of an offence.

Granting of licences, their form and duration

Grant of licences.

97

• (1) Subject to the following provisions of this section and section 92 of this Act and, in the case of licences to drive large goods vehicles or passenger-carrying vehicles, to Part IV of this Act, the Secretary of State must . . . grant a licence to a person who meets the relevant residence requirement (see section 97A) and —

• (a) makes an application for it in such manner and containing such particulars as the Secretary of State may specify and pays the fee (if any) which is prescribed,

• (b) provides the Secretary of State with such evidence or further evidence in support of the application as the Secretary of State may require,

• (c) surrenders to the Secretary of State—

• (i) any previous licence granted to him after 1st January 1976 ...,

• (ia) any Northern Ireland licence held by him together with its Northern Ireland counterpart (if any),

• (ii) any Community licence ..., and

• (iii) any British external licence or British Forces licence or exchangeable licence held by him,

or provides the Secretary of State with an explanation for not surrendering them which the Secretary of State considers adequate,

• (d) is not , ...

• (i) in accordance with section 88(1B) of this Act, subject to a current disqualification which is relevant to the licence he applies for or

• (ii) subject to a current disqualification under the law of an EEA State ... which relates to vehicles of the class, or of a class corresponding to the class, to which the application relates and was imposed while the person was the holder of a licence granted under the law of that State; and

• (e) is not prevented from obtaining the licence by the provisions of 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.

• (1A) Where any licence to be granted to an applicant would be in the form of a photocard, the Secretary of State may under subsection (1)(a) and (b) above in particular require him to provide a photograph which is a current likeness of him.

• (1AA) Where a licence under this Part of this Act is granted to a person who surrenders under sub-paragraph (ia) of subsection (1)(c) above his Northern Ireland licence together with the counterpart (if any) to the Secretary of State—

• (a) that person ceases to be authorised by virtue of section 109(1) of this Act to drive in Great Britain a motor vehicle of any class, and

• (b) the Secretary of State must send the Northern Ireland licence and its Northern Ireland counterpart (if any) to the licensing authority in Northern Ireland together with particulars of the class of motor vehicles to which the licence granted under this Part of this Act relates.

• (2) If the application for the licence states that it is made for the purpose of enabling the applicant to drive a motor vehicle with a view to passing a test of competence to drive, any licence granted in pursuance of the application shall be a provisional licence for that purpose, and nothing in section 89 of this Act shall apply to such a licence.

• (3) A provisional licence—

• (a) shall be granted subject to prescribed conditions,

• (b) shall, in any cases prescribed for the purposes of this paragraph, be restricted so as to authorise only the driving of vehicles of the classes so prescribed,

• (c) may, in the case of a person appearing to the Secretary of State to be suffering from a relevant disability or a prospective disability, be restricted so as to authorise only the driving of vehicles of a particular construction or design specified in the licence, . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) except as provided under subsection (3B) below, shall not authorise a person, before he has passed a test of competence to drive, to drive on a road a motor bicycle or moped except where he has successfully completed an approved training course for motor cyclists or is undergoing training on such a course and is driving the motor bicycleor moped on the road as part of the training.

• (3A) Regulations may make provision as respects the training in the driving of motor bicycles and mopeds of persons wishing to obtain licences authorising the driving of such motor bicyclesand mopeds by means of courses of training provided in accordance with the regulations; and the regulations may in particular make provision with respect to—

• (a) the nature of the courses of training;

• (b) the approval by the Secretary of State of the persons providing the courses and the withdrawal of his approval;

• (c) the maximum amount of any charges payable by persons undergoing the training;

• (d) certificates evidencing the successful completion by persons of a course of training and the supply by the Secretary of State of the forms which are to be used for such certificates; and

• (e) the making, in connection with the supply of forms of certificates, of reasonable charges for the discharge of the functions of the Secretary of State under the regulations;

and different provision may be made for training in different classes of motor bicyclesand mopeds.

• (3B) Regulations may prescribe cases in which persons holding a provisional licence are exempt from the restriction imposed by subsection (3)(e) above on their driving under the licence; and the regulations may—

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

• (b) limit the exemption to a prescribed period or in respect of driving in a prescribed area;

• (c) attach conditions to the exemption; and

• (d) regulate applications for, and the issue and form of, certificates evidencing the holder’s exemption from the restriction.

• (4) Regulations may authorise or require the Secretary of State to refuse a provisional licence authorising the driving of a motor bicycleor moped of a prescribed class if the applicant has held such a provisional licence and the licence applied for would come into force within the prescribed period—

• (a) beginning at the end of the period for which the previous licence authorised (or would, if not surrendered or revoked, have authorised) the driving of such a motor bicycleor moped, or

• (b) beginning at such other time as may be prescribed.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Residence requirement

97A

• (1) For the purposes of an application under section 97, a person meets the relevant residence requirement if, on the date the application is made—

• (a) in the case of an application that is made by virtue of section 89(1)(ea) (application by holder of Community licence), the applicant is lawfully resident in the United Kingdom and—

• (i) is also normally resident in the United Kingdom, or

• (ii) has been attending a course of study in the United Kingdom during the period of six months ending on that date;

• (b) in the case of an application that is made by virtue of section 89(1)(f) (application by holder of exchangeable licence), the applicant is normally and lawfully resident in Great Britain but has not been so resident for more than the prescribed period;

• (c) in the case of an application that is made by virtue of section 97(2) (application for provisional licence), the applicant is lawfully resident in Great Britain and the Secretary of State is satisfied that the applicant will remain so for not less than 185 days; and

• (d) in any other case, the applicant is lawfully resident in the United Kingdom and—

• (i) is also normally resident in Great Britain, or

• (ii) has been attending a course of study in Great Britain during the period of 6 months ending on that date.

• (2) For the purposes of subsection (1) a person is not lawfully resident in Great Britain or the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.

Form of licence.

98

• (1) A licence shall be in the form of a photocard of a description specified by the Secretary of State or such other form as he may specify and—

• (a) the licence shall state whether, apart from subsection (2) below, it authorises its holder to drive motor vehicles of all classes or of certain classes only and, in the latter case, specify those classes,

• (b) the licence shall specify (in such manner as the Secretary of State may determine) the restrictions on the driving of vehicles of any class in pursuance of the licence to which its holder is subject by virtue of section 101 of this Act and any conditions on the driving of vehicles of any class in pursuance of the licence to which its holder is subject by virtue of section 92(7ZA) of this Act, and

• (c) in the case of a provisional licence, the licence ... shall specify (in such manner as the Secretary of State may determine) the conditions subject to which it is granted.

• (1A) The Secretary of State may specify different descriptions of photocards, and different forms of licences not in the form of a photocard, for different cases and may determine the form of licence to be granted in any case.

• (2) Subject to subsections (3) , (4) and (4A) below, a person who holds a licence which authorises its holder to drive motor vehicles of certain classes only (not being—

• (a) a provisional licence, or

• (b) any other prescribed description of licence)

• (3) Subsection (2) above does not authorise a person to drive—

• (a) a vehicle of a class for the driving of which he could not, by reason of the provisions of section 101 of this Act, lawfully hold a licence, or

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

• (c) unless he has passed a test of competence to drive, a motor bicycle or moped on a road in circumstances in which, by virtue of section 97(3)(e) of this Act, a provisional licence would not authorise him to drive it before he had passed that test.

• (4) In such cases or as respects such classes of vehiclesas the Secretary of State may prescribe, the provisions of subsections (2) and (3) above shall not apply or shall apply subject to such limitations as he may prescribe.

• (4A) Subsection (2) above does notauthorise a person on whom a notice under section 92(5)(b) of this Act has been served to drive motor vehicles otherwise than in accordance with the limits specified in the notice.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compulsory surrender of old-form licences

98A

• (1) The Secretary of State may by order require the holders of licences of a specified description, or any specified description of the holders of such licences, to surrender the licences and their counterparts to the Secretary of State.

• (2) An order under this section may specify as the description of licences to be surrendered—

• (a) licences which are not in the form of a photocard, or

• (b) licences in the form of a photocard of a description no longer specified by the Secretary of State as a form in which licences are granted.

• (3) An order under this section must specify the date by which the licences to which it relates (and their counterparts) are to be surrendered; and may specify different dates in relation to different descriptions of licence holders.

• (4) An order under this section must include provision for the grant of a new licence to every holder of a licence surrendered (with its counterpart) in pursuance of the order who—

• (a) pays such fee (if any) as is specified by the order, ...

• (b) provides the Secretary of State with such evidence or further evidence as the Secretary of State may require (which may include a photograph which is a current likeness of him). and

• (c) provides such evidence or further evidence as the Secretary of State may require for the purpose of satisfying the Secretary of State that the holder is not suffering from a relevant or prospective disability.

• (5) A replacement licence granted pursuant to provision made by virtue of subsection (4) above expires on the date on which the surrendered licence would have expired had it not been surrendered (but subject to subsection (6) below).

• (6) Where the period for which the surrendered licence was granted was based on an error with respect to the licence holder's date of birth such that (if the error had not been made) that licence would have been expressed to expire on a different date, the replacement licence expires on that different date.

• (7) A person who, without reasonable excuse, fails to comply with any requirement to surrender a licence and its counterpart imposed by an order under this section is guilty of an offence.

• (8) An order under this section may—

• (a) make different provision for different cases, and

• (b) contain such incidental and supplementary provisions as the Secretary of State considers appropriate.

• (9) The power to make an order under this section is exercisable by statutory instrument.

• (10) Before making an order under this section the Secretary of State must consult with such representative organisations as he thinks fit.

• (11) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Duration of licences.

99

• (1) In so far as a licence authorises its holder to drive motor vehicles of classes other than any prescribed class of goods vehicle or any prescribed class of passenger-carrying vehicle, it shall, unless previously revoked or surrendered, remain in force, subject to subsection (2) below—

• (a) except in a case falling within paragraph (b) or (c) of this subsection, for the period ending on the seventieth anniversary of the applicant’s date of birth or for a period of three years, whichever is the longer,

• (b) except in a case falling within paragraph (c) of this subsection, if the Secretary of State so determines in the case of a licence to be granted to a person appearing to him to be suffering from a relevant or prospective disability, for such period as the Secretary of State may determine which shall be a period—

• (i) of not more than ten years and not less than one year, ending on or before the seventieth anniversary of the applicant's date of birth, or

• (ii) where, at the time the licence is granted, there are less than three years until that seventieth anniversary or where the licence is granted on or after that anniversary, of not more than three years and not less than one year, and

• (c) in the case of a licence granted in exchange for a subsisting licence and in pursuance of an application requesting a licence for the period authorised by this paragraph, for a period equal to the remainder of that for which the subsisting licence was granted,

and any such period shall begin with the date on which the licence in question is expressed to come into force.

• (1A) In so far as a licence authorises its holder to drive any prescribed class of goods vehicle or passenger-carrying vehicle, it shall, unless previously revoked, suspended or surrendered, remain in force—

• (a) except in a case falling within paragraph (c) or (d) of this subsection—

• (i) for the period ending on the forty-fifth anniversary of the applicant’s date of birth or for a period of five years, whichever is the longer, or

• (ii) where the applicant’s age at the date on which the licence is to come into force will exceed forty-five but not sixty-five years, for the period ending on the sixty-sixth anniversary of the applicant’s date of birth or for a period of five years, whichever is the shorter,

• (b) except in a case falling within paragraph (d) of this subsection, where the applicant’s age at that date will exceed sixty-five years, for a period of one year,

• (c) except in a case falling within paragraph (b) or (d) of this subsection, if the Secretary of State so determines in the case of a licence to be granted to a person appearing to him to be suffering from a relevant or prospective disability, for such period of not more than three years and not less than one year as the Secretary of State may determine, and

• (d) in the case of a licence granted in exchange for a subsisting licence and in pursuance of an application requesting a licence for the period authorised by this paragraph, for a period equal to the remainder of that for which the subsisting licence was granted,

and any such period shall begin with the date on which the licence in question is expressed to come into force.

• (2) To the extent that a provisional licence authorises the driving of a motor bicycleor mopedof a prescribed class it shall, unless previously surrendered or revoked, remain in force—

• (a) for such period as may be prescribed, or

• (b) if the licence is granted to the holder of a previous licence which was surrendered, revoked or treated as being revoked—

• (i) for the remainder of the period for which the previous licence would have authorised the driving of such a motor bicycleor moped, or

• (ii) in such circumstances as may be prescribed, for a period equal to that remainder at the time of surrender or revocation.

• (2A) Where in accordance with the preceding provisions of this section, a licence in the form of a photocard remains in force after the last day of the administrative validity period, the holder of the licence must nevertheless surrender the licence ... to the Secretary of State not later than that day.

• (2B) Subject to subsections (2C) to (2H), the administrative validity period of a licence in the form of a photocard is—

• (a) where the licence authorises its holder to drive any class of goods vehicle or passenger-carrying vehicle prescribed for the purposes of subsection (1A) otherwise than for a purpose mentioned in section 97(2) or by virtue of section 98(2), the period of 5 years beginning with the date shown on the licence as the date of issue; and

• (b) in any other case, the period of 10 years beginning with the date shown on the licence as the date of issue.

• (2C) In the case of a licence issued before 19th January 2013, the administrative validity period is the period of 10 years beginning with—

• (a) the date shown on the licence as the date of issue, or

• (b) if the licence was granted by way of renewal or replacement of a licence bearing the same photograph, the date shown on the earliest licence bearing that photograph as the date of issue of that licence.

• (2D) Where under subsection (3) or (4) a person is required to surrender a licence and the Secretary of State grants a new licence under subsection (7), the administrative validity period of the new licence is—

• (a) a period equal to the unexpired part of the administrative validity period of the old licence; or

• (b) if that person so elects in such manner as the Secretary of State may require and pays any fee prescribed, a new administrative validity period calculated in accordance with subsection (2B).

• (2E) Subject to subsection (2F), where under section 97 the Secretary of State grants a licence (the “new licence”) to a person who has previously held a licence, the administrative validity period of the new licence is—

• (a) a period equal to the unexpired part (if any) of the administrative validity period of the person’s last licence (the “old licence”), or

• (b) if the person so elects in such manner as the Secretary of State may require and pays any fee prescribed, a new administrative validity period calculated in accordance with subsection (2B).

• (2F) Subsection (2E) does not apply if—

• (a) the old licence was revoked by notice under section 93(1) or (2) (revocation because of disability or prospective disability);

• (b) the old licence did not authorise the holder to drive any class of goods vehicle or passenger-carrying vehicle prescribed for the purposes of subsection (1A) otherwise than for a purpose mentioned in section 97(2) or by virtue of section 98(2), and the new licence does; or

• (c) the old licence was granted only for a purpose mentioned in section 97(2) and the new licence is a full licence.

• (2G) Subsections (2C)(b), (2D)(a) and (2E)(a) are subject to any adjustment the Secretary of State makes in a new licence to correct an error that appears to the Secretary of State to have been made in particulars specified in an earlier licence.

• (2H) Where the administrative validity period of a licence under any of subsections (2B) to (2E) would otherwise be longer than the period for which the licence remains in force under subsection (1) or (1A) (the “entitlement period”), the administrative validity period ends with the last day of the entitlement period.

• (3) Where it appears to the Secretary of State—

• (a) that a licence granted by him to any person was granted in error or with an error or omission in the particulars specified in the licence, or

• (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) that the particulars specified in a licence granted by him to any person ... do not comply with any requirement imposed since the licence was granted by any provision made by or having effect under any enactment,

the Secretary of State may serve notice in writing on that person revoking the licence and requiring him to surrender the licence ... forthwith to the Secretary of State and it shall be the duty of that person to comply with the requirement.

• (3ZA) Where it appears to the Secretary of State that a licence holder is not lawfully resident in the United Kingdom, the Secretary of State may serve notice in writing on that person revoking the licence and requiring the person to surrender the licence ... forthwith to the Secretary of State, and it is the duty of that person to comply with the requirement.

• (3ZB) For the purposes of subsection (3ZA) a person is not lawfully resident in the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.

• (3A) Where—

• (a) the Secretary of State is sent under a provision of Northern Ireland law corresponding to section 97(1AA) of this Act a licence granted under this Part of this Act to a person to drive a motor vehicle of any class, and

• (b) the Secretary of State is satisfied that a Northern Ireland licence to drive a motor vehicle of that or a corresponding class has been granted to that person,

the Secretary of State must serve notice in writing on that person revoking the licence granted under this Part of this Act.

• (4) Where the name or address of the licence holder as specified in a licence ceases to be correct, its holder must forthwith surrender the licence ... to the Secretary of State ... .

• (5) A person who without reasonable causefails to comply with the duty under subsection (2A),(3) , (3ZA) or(4) above is guilty of an offence.

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

• (6A) In subsection (7ZZA)—

• (a) omit “and its counterpart” in both places, and

• (b) omit “and counterpart”.

• (7) On the surrender of a licence ... by a person in pursuance of subsection (2A), (3) or (4) above, the Secretary of State must (subject to the following provisions of this section) grant a new licence to that person . . . .

• (7ZZA) Where a person is required to surrender a licence ... in pursuance of subsection (2A), (3) , (3ZA) or (4) but provides the Secretary of State with an explanation for not doing so which the Secretary of State considers adequate, the Secretary of State may (subject to the following provisions of this section) treat the licence ... as surrendered in accordance with the requirements of those subsections and , except in the case of a licence ... surrendered in pursuance of subsection (3ZA), may grant a new licence ... to that person.

• (7ZA) The Secretary of State is not required by subsection (7) above to grant a new licence on the surrender of a licence ... by a person in pursuance of subsection (2A) above , or in pursuance of subsection (3) or (4) where an election is made under subsection (2D)(b), unless the person has paid the fee (if any) which is prescribed; but any other licence under subsection (7) is to be granted free of charge.

• (7A) Where the surrendered licence was revoked because it was granted in error or in consequence of an error or omission appearing to the Secretary of State to be attributable to the fault of the licence holder or in consequence of a current disqualification, subsections (7) and (7ZZA) shall not apply but the Secretary of State may, if the person is not currently disqualified, grant a new licence to that person on payment of the fee (if any) which is prescribed.

• (7AA) The Secretary of State may not grant a new licence to a person under subsection (7), (7ZZA) or (7A) above unless, on the date on which the licence is granted, the person is lawfully resident in the United Kingdom and—

• (a) is also normally resident in Great Britain, or

• (b) has been attending a course of study in Great Britain during the period of 6 months ending on that date.

• (7AB) For the purposes of subsection (7AA) a person is not lawfully resident in the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.

• (7B) The Secretary of State may require a person to provide—

• (a) evidence of his name, address, sex and date and place of birth, ...

• (b) a photograph which is a current likeness of him,and

• (c) any information required by subsection (7C),

before granting a new licence to him under subsection (7) , (7ZZA) or (7A) above.

• (7C) In a case where—

• (a) a person surrenders a licence, and

• (b) the surrender is in pursuance of subsection (2A) or an election has otherwise been made under subsection (2D)(b) or (2E)(b),

the person must provide such evidence or further evidence as the Secretary of State may require for the purpose of satisfying the Secretary of State that the person is not suffering from a relevant or prospective disability.

• (8) A replacement licence granted pursuant to subsection (7) , (7ZZA) or (7A) above shall expire on the date on which the surrendered licence would have expired had it not been surrendered except that, where the period for which the surrendered licence was granted was based on an error with respect to the licence holder’s date of birth such that (if that error had not been made) that licence would have been expressed to expire on a different date, the replacement licence shall expire on that different date.

Driver training

Compulsory driver training courses.

99ZA

Regulations may make provision about training in the driving of motor vehicles by means of courses provided in accordance with the regulations (“driver training courses”).

Requirements to complete training courses.

99ZB

• (1) Regulations under section 99ZA of this Act may provide that persons who have not successfully completed a driver training course—

• (a) may not take a test of competence to drive motor vehicles of a prescribed class (or a prescribed part of such a test),

• (b) are not authorised to drive motor vehicles of a prescribed class (before having passed a test of competence to drive them) by a provisional licence (or by section 98(2) or 99A(5) of this Act),

• (c) are not granted a licence authorising the driving of motor vehicles of a prescribed class by virtue of regulations under section 89(6)(b) or (c) of this Act, or

• (d) are not authorised to drive motor vehicles of a prescribed class in prescribed circumstances (despite having passed a test of competence to drive them).

• (2) But a person is exempt from provision made by virtue of subsection (1)(b), (c) or (d) above if he is undergoing training on a driver training course and is driving a motor vehicle as part of the training.

• (3) And regulations under section 99ZA of this Act may include provision exempting persons from any provision made by virtue of subsection (1) above in other circumstances; and regulations including such provision may (in particular)—

• (a) limit an exemption to persons in prescribed circumstances,

• (b) limit an exemption to a prescribed period or in respect of driving in a prescribed area,

• (c) attach conditions to an exemption, and

• (d) regulate applications for an exemption.

• (4) Regulations under section 99ZA of this Act may include provision for the evidencing by a person of his being within—

• (a) the exemption specified in subsection (2) above, or

• (b) any exemption provided by virtue of subsection (3) above.

• (5) Regulations under section 99ZA of this Act may provide that a driver training course is not to be taken into account for the purposes of the regulations if it was completed before such time as is prescribed.

Driver training courses: supplementary.

99ZC

• (1) Regulations under section 99ZA of this Act may include—

• (a) provision about the nature of driver training courses,

• (b) provision for the approval by the Secretary of State of persons providing such courses or giving instruction on such courses and the withdrawal of approvals (including provision for appeals against refusal and withdrawal of approvals) and provision for exemptions from any requirement of approval,

• (c) provision for the training or assessment, or the supervision of the training or assessment, of persons providing driver training courses or giving instruction on such courses,

• (d) provision setting the maximum amount of any charges payable by persons undergoing such courses, . . .

• (e) provision for the evidencing of the successful completion of such courses. and

• (f) provision authorising the Secretary of State to make available information about persons providing driver training courses or giving instruction on such courses.

• (2) Such regulations may include provision for the charging of reasonable fees in respect of the exercise of any function conferred or imposed on the Secretary of State by such regulations.

• (3) Such regulations may make different provision—

• (a) for different classes of motor vehicles,

• (b) for different descriptions of persons, or

• (c) otherwise for different circumstances.

Community licence holders

Authorisation to drive in Great Britain.

99A

• (1) A Community licence holder may drive, and a person may cause or permit a Community licence holder to drive, in Great Britain, a motor vehicle of any class which—

• (a) he is authorised by his Community licence to drive, and

• (b) he is not disqualified for holding or obtaining a licence under this Part of this Act to drive,

notwithstanding that he is not the holder of a licence under this Part of this Act.

• (2) Subsections (3) and (4) below apply to a Community licence holder who is normally resident in Great Britain.

• (3) In a case where the Community licence holder is authorised by his Community licence to drive motor vehicles of classes other than any prescribed class of goods vehicle or any prescribed class of passenger-carrying vehicle, he shall cease to be authorised by virtue of subsection (1) above to drive in Great Britain any such classes of motor vehicle from—

• (a) the date on which he attains the age of seventy years, or

• (b) the expiry of the period of three years beginning with the relevant date,

whichever is the later.

• (4) In a case where the Community licence holder is authorised by his Community licence to drive any prescribed class of goods vehicle or any prescribed class of passenger-carrying vehicle, he shall cease to be authorised by virtue of subsection (1) above to drive in Great Britain any such class of vehicle from—

• (a) except in a case falling within paragraph (b) or (c) of this subsection—

• (i) the date on which he attains the age of 45 years, or

• (ii) the expiry of the period of five years beginning with the relevant date,

whichever is the later,

• (b) where his age at the relevant date exceeds forty-five but not sixty-five years—

• (i) the date on which he attains the age of sixty-six years, or

• (ii) the expiry of the period of five years beginning with the relevant date,

whichever is the earlier, and

• (c) where his age at the relevant date exceeds sixty-five years, the expiry of the period of one year beginning with that date.

• (5) A Community licence holder ... who is authorised by virtue of subsection (1) above to drive in Great Britain motor vehicles of certain classes only, may drive, in Great Britain, motor vehicles of all other classes subject to the same conditions as if he were authorised by a provisional licence to drive motor vehicles of those other classes.

• (6) Subsections (3) and (4) of section 98 of this Act shall apply in relation to subsection (5) above as they apply in relation to subsection (2) of that section.

• (7) For the purposes of this Part and Part IV of this Act a Community licence shall not be treated as authorising a person to drive a vehicle of any class if it is not for the time being valid for that purpose in the EEA State in respect of which it was issued.

• (8) In this section “relevant date", in relation to a Community licence holder who is normally resident in Great Britain, means—

• (a) in the case where he first became so resident on or before 1 January 1997, that date; and

• (b) in any other case, the date on which he first became so resident.

Information about resident Community licence holders.

99B

• (1) A Community licence holder who—

• (a) is normally resident in Great Britain, and

• (b) is authorised by his Community licence to drive medium-sized or large goods vehicles or passenger-carrying vehicles of any class,

shall, on or before the expiry of the period of twelve months beginning with the relevant date, deliver his Community licence to the Secretary of State and provide him with the information specified in, or required under, subsection (4) below.

• (2) Subsection (1) above shall not apply to a Community licence holder from whom the Secretary of State has received a qualifying application (within the meaning of section 88(1A) of this Act) for the grant of a licence under this Part of this Act.

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

• (4) The information referred to in subsection (1) above is—

• (a) the name and address in Great Britain of the Community licence holder;

• (b) his date of birth;

• (c) the classes of vehicle which he is authorised by his Community licence to drive;

• (d) the period of validity of the Community licence in the EEA State in respect of which it was issued;

• (e) whether the licence was granted in exchange for a licence issued by a state other than an EEA State; and

• (f) such other information as the Secretary of State may require for the purposes of the proper exercise of any of his functions under this Part or Part IV of this Act.

• (5) The Secretary of State—

• (a) may endorse the driving record of a person who delivers to him a Community licence (whether or not in pursuance of this section) with any part of the information specified in, or required under, subsection (4) above or with information providing a means of ascertaining that information or any part of it; and

• (b) must return the Community licence to the holder.

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

• (7) Where the name of a Community licence holder as specified in his Community licence ceases to be correct, he must deliver his Community licence immediately to the Secretary of State and provide him with particulars of the alterations falling to be made in the name on it.

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

• (9) On the delivery of a Community licence by any person in pursuance of subsection (7) above, the Secretary of State may endorse the Community licence and that person's driving record with the correct name and must return the Community licence to that person.

• (10) Where a Community licence holder has not complied with subsection (1) above, the Secretary of State may serve notice in writing on the holder requiring him to deliver his Community licence to the Secretary of State and to provide him with the information specified in, or required under, subsection (4) above within such period (not being less than 28 days from the date of service of the notice) as is specified in the notice.

• (11) A person who drives a motor vehicle on a road is guilty of an offence if he fails without reasonable excuse—

• (a) to comply with a requirement contained in a notice served on him in pursuance of subsection (10) above, or

• (b) to comply with a requirement imposed under subsection ... (7) above.

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (13) In England and Wales, proceedings for an offence by virtue of subsection (11)(a) above shall not be instituted except by the Secretary of State or by a constable acting with the approval of the Secretary of State.

• (14) In this section “relevant date" has the meaning given by section 99A(8) of this Act.

Revocation of authorisation conferred by Community licence because of disability or prospective disability.

99C

• (1) If the Secretary of State is at any time satisfied on inquiry—

• (a) that a Community licence holder who is normally resident in Great Britain at that time is suffering from a relevant disability, and

• (b) that the Secretary of State would be required by virtue of section 92(3) of this Act to refuse an application made by him at that time for a licence authorising him to drive a vehicle of the class in respect of which his Community licence was issued or a class corresponding to that class,

the Secretary of State may serve notice in writing requiring the Community licence holder to deliver the Community licence ... immediately to the Secretary of State.

• (2) If the Secretary of State is at any time satisfied on inquiry that a Community licence holder who is normally resident in Great Britain at that time is suffering from a prospective disability, the Secretary of State may—

• (a) serve notice in writing requiring the Community licence holder to deliver the Community licence ... immediately to the Secretary of State, and

• (b) on receipt of the Community licence ... grant to the Community licence holder, free of charge, a licence for a period determined by the Secretary of State under section 99(1)(b) of this Act.

• (3) Where, in relation to a Community licence holder who is normally resident in Great Britain, the Secretary of State is at any time under a duty to serve notice on him in pursuance of section 92(5) of this Act, the Secretary of State may include in that notice a requirement that the Community licence holder deliver the Community licence ... immediately to the Secretary of State.

• (4) A person who—

• (a) is required under, or by virtue of, any of subsections (1) to (3) above to deliver his Community licence ... to the Secretary of State, but

• (b) without reasonable excuse, fails to do so,

is guilty of an offence.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Where a Community licence holder is served with a notice in pursuance of any of subsections (1) to (3) above, he shall cease to be authorised by virtue of section 99A(1) of this Act to drive in Great Britain a motor vehicle of any class from such date as may be specified in the notice, not being earlier than the date of service of the notice.

Information relating to disabilities etc.

99D

Section 94 of this Act shall apply to a Community licence holder who is normally resident in Great Britain as if—

• (a) in subsection (1), for the words from the beginning to “aware” there were substituted “If a Community licence holder who is authorised by virtue of section 99A(1) of this Act to drive in Great Britain a motor vehicle of any class, is aware immediately before the relevant date (as defined by section 99A(8) of this Act), or becomes aware on or after that date”,

• (b) for subsection (3A) there were substituted—

• (3A) A person who is authorised by virtue of section 99A(1) of this Act to drive in Great Britain a motor vehicle of any class and who drives on a road a motor vehicle of that class is guilty of an offence if at any earlier time while he was so authorised he was required by subsection (1) above to notify the Secretary of State but has failed without reasonable excuse to do so.

• (c) in subsection (4), the words “an applicant for, or”, in both places where they occur, were omitted,

• (d) in subsection (5), the words “applicant or” and the words from the beginning of paragraph (c) to “provisional licence” were omitted,

• (e) in subsection (6)(b), the words “applicant or”, in both places where they occur, were omitted,

• (f) in subsection (7), the words “applicant or” were omitted, and

• (g) in subsection (8)—

• (i) for “93” there were substituted “99C”, and

• (ii) the words “applicant or”, in both places where they occur, were omitted.

Return of Community licences delivered to Secretary of State.

99E

• (1) This section applies where a Community licence is delivered to the Secretary of State in pursuance of section 99C or 115A of this Act.

• (2) Subject to subsection (3) below, the Secretary of State must, on or after the expiry of the relevant period, forward the Community licence to the licensing authority in the EEA state in respect of which it was issued and explain to them his reasons for so doing.

• (3) Where the Secretary of State is satisfied that the Community licence holder has ceased to be normally resident in Great Britain before the expiry of the relevant period, the Secretary of State must return the Community licence to the holder.

• (4) In this section “relevant period” means—

• (a) in a case where the Community licence holder appeals under section 100 or 119 of this Act against the requirement to surrender his Community licence, the period ending on the date on which the appeal is finally determined or abandoned, and

• (b) in any other case, the period of seven months beginning with the date on which the Secretary of State received the Community licence.

Appeals

Appeals relating to licences.

100

• (1) A person who is aggrieved by the Secretary of State’s—

• (a) refusal to grant or revocation of a licence in pursuance of section 92 or 93 of this Act, or

• (b) determination under section 99(1)(b) of this Act to grant a licence for ten years or less or, where sub-paragraph (ii) of section 99(1)(b) applies, for three years or less, or

• (c) revocation of a licence in pursuance of section 99(3) , (3ZA) or (3A) of this Act,

or by a notice served on him in pursuance of section 92(5) , 99C or 109B of this Act may, after giving to the Secretary of State notice of his intention to do so, appeal to a magistrates’ court . . . or, in Scotland, to the sheriff within whose jurisdiction he resides.

• (2) On any such appeal the court or sheriff may make such order as it or he thinks fit and the order shall be binding on the Secretary of State.

• (3) It is hereby declared that, without prejudice to section 90 of this Act, in any proceedings under this section the court or sheriff is not entitled to entertain any question as to whether the appellant passed a test of competence to drive if he was declared by the person who conducted it to have failed it.

• (4) In any proceedings under this section about the revocation of a licence in pursuance of section 99(3ZA) (revocation on grounds of immigration status), the court or sheriff is not entitled to entertain any question as to whether—

• (a) the appellant should be, or should have been, granted leave to enter or remain in the United Kingdom, or

• (b) the appellant has, after the date that the Secretary of State served notice under section 99(3ZA), been granted leave to enter or remain in the United Kingdom.

Disqualification (otherwise than on conviction)

Disqualification of persons under age.

101

• (1) A person is disqualified for holding or obtaining a licence to drive a motor vehicle of a class specified in the following Table if he is under the age specified in relation to it in the second column of the Table.

Class of motor vehicle	Age (in years)
1. Invalid carriage	16
2. Moped	16
3. Motor bicycle	17
4. Agricultural or forestry tractor	17
5. Small vehicle	17
6. Medium-sized good vehicle	18
Other motor vehicle	21

• (2) The Secretary of State may by regulations provide that subsection (1) above shall have effect as if for the classes of vehicles and the ages specified in the Table in that subsection there were substituted different classes of vehicles and ages or different classes of vehicles or different ages.

• (3) Subject to subsection (4) below, the regulations may—

• (a) apply to persons of a class specified in or under the regulations,

• (b) apply in circumstances so specified,

• (c) impose conditions or create exemptions or provide for the imposition of conditions or the creation of exemptions,

• (d) contain such transitional and supplemental provisions (including provisions amending section 108, 120 or 183(5) of this Act) as the Secretary of State considers necessary or expedient.

• (4) For the purpose of defining the class of persons to whom, the class of vehicles to which, the circumstances in which or the conditions subject to which regulations made by virtue of subsection (2) above are to apply where an approved training scheme for drivers is in force, it is sufficient for the regulations to refer to a document which embodies the terms (or any of the terms) of the scheme or to a document which is in force in pursuance of the scheme.

• (5) In subsection (4) above—

• “approved” means approved for the time being by the Secretary of State for the purpose of the regulations,

• “training scheme for drivers” means a scheme for training persons to drive vehicles of a class in relation to which the age which is in force under this section (but apart from any such scheme) is 21 years,

but no approved training scheme for drivers shall be amended without the approval of the Secretary of State.

Disqualification to prevent duplication of licences.

102

• (2) A person is also disqualified for holding or obtaining a licence authorising him to drive a motor vehicle of any class so long as he is authorised by virtue of section 109(1) of this Act to drive a motor vehicle of that or a corresponding class.

Disqualification if disqualified in Northern Ireland etc.

Disqualification while disqualified in Northern Ireland, Isle of Man, Channel Islands or Gibraltar

102A

• (1) A person is disqualified for holding or obtaining a licence to drive a motor vehicle of any class so long as he is subject to a relevant disqualification imposed outside Great Britain.

• (2) For the purposes of this section a person is subject to a relevant disqualification imposed outside Great Britain if, in respect of any offence—

• (a) a court in Northern Ireland disqualifies him for holding or obtaining a Northern Ireland licence,

• (b) a court in the Isle of Man or any of the Channel Islands disqualifies him for holding or obtaining a British external licence, or

• (c) a court in Gibraltar disqualifies him for holding or obtaining a licence to drive a motor vehicle granted under the law of Gibraltar.

• (3) A certificate signed by the Secretary of State which states, in respect of a person, any matter relating to the question whether he is subject to a relevant disqualification imposed outside Great Britain shall be evidence (in Scotland, sufficient evidence) of the matter so stated.

• (4) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Effects of disqualification

Obtaining licence, or driving, while disqualified.

103

• (1) A person is guilty of an offence if, while disqualified for holding or obtaining a licence, he—

• (a) obtains a licence, or

• (b) drives a motor vehicle on a road.

• (2) A licence obtained by a person who is disqualified is of no effect (or, where the disqualification relates only to vehicles of a particular class, is of no effect in relation to vehicles of that class).

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

• (4) Subsection (1) above does not apply in relation to disqualification by virtue of section 101 of this Act.

• (5) Subsection (1)(b) above does not apply in relation to disqualification by virtue of section 102 of this Act.

• (6) In the application of subsection (1) above to a person whose disqualification is limited to the driving of motor vehicles of a particular class by virtue of—

• (a) section 102 117 or 117A of this Act, or

• (b) subsection (9) of section 36 of the Road Traffic Offenders Act 1988 (disqualification until test is passed),

the references to disqualification for holding or obtaining a licence and driving motor vehicles are references to disqualification for holding or obtaining a licence to drive and driving motor vehicles of that class.

Miscellaneous

Conduct of proceedings in certain courts by or against the Secretary of State.

104

• (1) Any proceedings by or against the Secretary of State in a magistrates’ court or the county court under this Part of this Act or Part II of the Road Traffic Offenders Act 1988 may , except in the county court if rules of court provide otherwise, be conducted on behalf of the Secretary of State by a person authorised by him for the purposes of this subsection.

• (2) Any proceedings in any court in Scotland, other than the High Court of Justiciary or the Court of Session, against the Secretary of State under this Part of this Act or Part II of the Road Traffic Offenders Act 1988 may be conducted on behalf of the Secretary of State by any person authorised by him for the purposes of this subsection.

Regulations.

105

• (1) The Secretary of State may make regulations for any purpose for which regulations may be made under the provisions of this Part of this Act and the relevant provisions of the Road Traffic Offenders Act 1988 and for prescribing anything which may be prescribed under any of those provisions, and otherwise for the purpose of carrying any of those provisions into effect.

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

• (a) licences under this Part of this Act, Northern Ireland licences, and Community licences,

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

• (c) preventing a person holding more than one licence,

• (d) facilitating identification of holders of licences,

• (e) providing for the issue of . . . licences ... in the place of licences ... lost or defaced on payment of such fee , and compliance with such requirements, as may be prescribed,

• (ea) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ee) the correspondence . . . of one class of motor vehicle with another class of motor vehicle or of one test of competence to drive with another (whatever the law under which the classification is made or the test conducted),

• (f) the effect of a change in the classification of motor vehicles . . . on licences then in force or issued or on the right to or the subsequent granting of licences or on Northern Ireland licences or Community licences then in force, and

• (g) enabling a person—

• (i) whose entitlement to the grant of a licence to drive a class of motor vehicle is preserved by regulations made by virtue of paragraph (f) above, and

• (ii) who satisfies such conditions as may be prescribed,

to drive (and be employed in driving) that class of motor vehicle while he applies for the licence to be granted to him,

and different regulations may be made as respects different classes of vehicles or as respects the same class of vehicles in different circumstances.

• (3) The regulations may—

• (a) make different provision for different circumstances,

• (b) provide for exemptions from any provision of the regulations, and

• (c) contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the regulations,

and nothing in the other provisions of this Part of this Act shall be construed as prejudicing the generality of the preceding provisions of this subsection.

• (4) Any fee prescribed under this Part of this Act shall be of an amount approved by the Treasury, and different fees may be prescribed for different circumstances and (in particular) in relation to licences in different forms.

• (5) In subsection (1) above “the relevant provisions of the Road Traffic Offenders Act 1988” means the following provisions of that Act: sections 2, 7, 8, 23 to 26, 27, 31 , 34 , 35 to 48, 91ZA and 91A .

Destination of fees for licences, etc.

106