Legalize / United Kingdom / Public General Act

Road Traffic Act 1988

Type Public General Act

Publication 1988-11-15

Last updated 2026-10-05

State In force

Department Statute Law Database

Source legislation.gov.uk

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articles Not indexed

An Act to consolidate certain enactments relating to road traffic with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.

Reform history JSON API

(b) that that law includes satisfactory provision for purposes corresponding to the purposes of section 125A of this Act,

a person who satisfies the Registrar of the matters mentioned in that subsection and that his name is in the register maintained under that law as that of a disabled instructor shall also be exempt from the conditions mentioned in subsection (1)(c) and (6)(a) of section 125A of this Act.

(4) The Registrar may refuse to enter the name of a person in the register under section 125A of this Act as that of a disabled instructor if he is satisfied that that person has at any time refused to comply with a requirement imposed under section 133B(2) of this Act to submit himself for a further emergency control assessment.

(5) The Registrar must, on making a decision on an application under section 125A of this Act, give notice in writing of his decision to the applicant which, in the case of a decision to refuse the application, must state the grounds for the refusal.

(6) The entry of a person’s name in the register as that of a disabled instructor shall be subject to the condition that, so long as he is a registered disabled instructor, he will, if at any time required to do so by the Registrar—

(a) submit himself for a further emergency control assessment on the day (within such period as may be prescribed by regulations) and at the place specified by the Registrar; or

(b) submit himself for such test of continued ability and fitness to give instruction in the driving of appropriate motor cars (which may consist of practical and other means of assessment) as may be prescribed by regulations.

(7) In considering whether to exercise, in respect of any person, his power under subsection (6)(a) above, the Registrar shall have regard to any recommendation included in that person’s current emergency control certificate as to the period after the end of which he should undergo a further emergency control assessment.

Duration of registration.

126

(1) Unless previously removed under the following provisions of this Part of this Act, the name of a person shall, subject to subsection (2) below, be removed from the register at the end of the period of four years beginning with—

(a) the first day of the month next after that in which the entry of his name was made, or

(b) where his name has been retained in the register under section 127 of this Act, the day with which the last further period for which his name was so retained began.

(2) If an application for the retention of his name in the register is made under section 127 of this Act before the end of that period, the name must not be removed except in pursuance of a decision of the Registrar having effect under that section.

(3) Where a person whose name has been removed from the register under subsection (1) above applies under section 125(2) of this Act for his name to be entered again in the register, he shall be required again to pass the examination mentioned in section 125(3)(a) of this Act unless the application is made before the end of the period of one year beginning with the end of the period of four years mentioned in subsection (1) above.

(4) Where a registered disabled instructor whose name has been removed from the register under subsection (1) above applies under section 125A(1) of this Act for his name to be entered again in the register as that of a disabled instructor, he shall be required again to pass the examination mentioned in section 125A(6)(a) of this Act unless the application is made before the end of the period of one year beginning with the end of the period of four years mentioned in subsection (1) above.

Extension of duration of registration.

127

(1) A person may, before the time when his name is required under section 126(1) of this Act to be removed from the register, apply to the Registrar, in manner determined by the Secretary of State, accompanied by particulars so determined, for the retention of his name in the register for a further period of four years.

(2) On an application under subsection (1) above, he shall be entitled, on payment of such fee, if any, as may be prescribed by regulations, to have his name retained in the register for that further period, if he satisfies the Registrar that the relevant conditions are fulfilled in his case.

(3) Except in the case of a registered disabled instructor, the relevant conditions are—

(a) that he has not refused to undergo any such test or assessment as is mentioned in section 125(5)(a)(i) or (ii) of this Act which he has been required to undergo during the period of four years ending with the time when his name is required under section 126(1) of this Act to be removed from the register,

(b) that his ability and fitness to give instruction in the driving of motor cars continue, having regard to any such test or tests which he has undergone during that period, to be of a satisfactory standard,

(d) that he has not during any part of that period been disqualified under section 34 or 36 of the Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle granted under Part III of this Act, and

(da) that, in the case of a person who—

(i) when he applied to be registered, was required under section 125(2C) to submit himself for an emergency control assessment, or

(ii) at any time during the period mentioned in paragraph (a) was required as mentioned in section 125(5)(a)(ii) to submit himself for such an assessment,

he holds a current emergency control certificate, and

(e) that, apart from fulfilment of the preceding conditions, he continues to be a fit and proper person to have his name entered in the register.

(3A) In the case of a registered disabled instructor, the relevant conditions are—

(a) that he holds a current emergency control certificate,

(b) that he has not refused to undergo—

(i) any such assessment as is mentioned in section 125B(6)(a) of this Act, or

(ii) any such test as is mentioned in section 125B(6)(b) of this Act,

which he has been required to undergo during the period of four years ending with the time when his name is required under section 126(1) of this Act to be removed from the register,

(c) that his ability and fitness to give instruction in the driving of motor cars continue, having regard to any such test or tests of the kind mentioned in section 125B(6)(b) of this Act which he has undergone during that period, to be of a satisfactory standard,

(d) that he is the holder of a current disabled person’s limited driving licence,

(e) that he has not during any part of that period been disqualified under section 34 or 36 of the Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle granted under Part III of this Act, and

(f) that, apart from fulfilment of the preceding conditions, he continues to be a fit and proper person to have his name entered in the register as that of a disabled instructor.

(4) The retention of a person’s name under this section shall be subject—

(a) in the case of its retention by virtue of subsection (3) above, to the conditions mentioned in section 125(5) of this Act, and

(b) in the case of its retention by virtue of subsection (3A) above, to the condition mentioned in section 125B(6) of this Act.

(5) Before refusing an application under subsection (1) above the Registrar must give to the applicant written notice stating that he is considering the refusal of the application and giving particulars of the grounds on which he is considering it.

(6) Where the Registrar gives notice under subsection (5) above—

(a) the applicant may, within the period of twenty-eight days beginning with the day on which the notice is given, make representations with respect to the proposed refusal,

(b) the Registrar must not decide to refuse the application until after the expiration of that period, and

(c) before deciding whether or not to refuse the application, the Registrar must take into consideration any such representations made by the applicant within that period.

(7) On deciding to grant or refuse an application the Registrar must give notice in writing of the decision to the person concerned.

(7A) A decision to refuse an application shall take effect at the end of the period of fourteen days beginning with the day on which notice of the decision is given (or, if any appeal brought against the decision under the following provisions of this Part of this Act is previously withdrawn or dismissed, when the appeal is withdrawn or dismissed).

(8) But the Registrar may, when giving notice of his decision to refuse the application, direct that the decision shall instead take effect—

(a) where no appeal under the following provisions of this Part of this Act is brought against the decision within the time limited for the appeal, on the expiration of that time,

(b) where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal,

(c) where such an appeal is brought and not withdrawn or struck out for want of prosecution, if and when the appeal is dismissed, and not otherwise.

(9) Sections 128(7A) to (7G) and 131A apply in relation to suspending a person's registration in connection with an application under subsection (1) above as if the references in sections 128(7A) to (7G) and 131A to—

(a) a notice under section 128(4) were references to a notice under subsection (5) above, and

(b) the removal of the person's name from the register were (or, in the case of section 128(7E)(d), included) references to the refusal of the person's application for the retention of the person's name in the register.

Removal of names from register.

128

(1) The Registrar may remove the name of a person from the register if he is satisfied that—

(a) in a case where his name has not been retained in the register under section 127 of this Act, at any time since the entry of his name was made, and

(b) in a case where his name has been so retained under that section, at any time since it was last retained,

any of the relevant conditions was fulfilled in his case.

(2) Except in the case of a registered disabled instructor, the relevant conditions are—

(a) that he held noneof the kinds of current licence mentioned in section 125 (3)(b) of this Act,

(b) that he was disqualified under section 34 or 36 of the Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle under Part III of this Act,

(d) that he failed to pass such a test,

(da) that an assessor refused to grant him an emergency control certificate on completing an emergency control assessment of him following a requirement imposed as mentioned in section 125(5)(a)(ii),

(db) that he gave instruction in the driving of a motor car in breach of the condition in section 125(5)(b) (ability to take control of motor car in an emergency),

(e) that he ceased, apart from fulfilment of any of the preceding conditions, to be a fit and proper person to have his name included in the register.

(2A) In the case of a registered disabled instructor, the relevant conditions are—

(a) that he did not hold a current emergency control certificate,

(b) that he did not hold a current disabled person’s limited driving licence,

(c) that he was disqualified under section 34 or 36 of the Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle under Part III of this Act,

(d) that he refused to undergo any such assessment as is mentioned in section 125B(6)(a) of this Act,

(e) that he refused to undergo, or failed to pass, any such test as is mentioned in section 125B(6)(b) of this Act,

(f) that he ceased, apart from fulfilment of the preceding conditions, to be a fit and proper person to have his name included in the register as that of a disabled instructor.

(3) The Registrar may remove the name of a person from the register if the entry of his name in the register, or the retention of his name in the register, was made by mistake or procured by fraud.

(4) Before removing the name of a person from the register under this section, the Registrar must give him written notice stating that he is considering the removal and giving particulars of the grounds on which he is considering it.

(5) Where the Registrar gives notice to a person under subsection (4) above—

(a) that person may, within the period of twenty-eight days beginning with the day on which the notice is given, make representations with respect to the proposed removal,

(b) the Registrar must not decide to remove his name from the register until after the expiration of that period, and

(c) before deciding whether or not to remove his name from the register, the Registrar must take into consideration any such representations made by him within that period.

(6) The Registrar must, on making a decision to remove a name from the register, give notice in writing of the decision to the person concerned.

(6A) A decision to remove a name from the register shall take effect at the end of the period of fourteen days beginning with the day on which notice of the decision is given (or, if any appeal brought against the decision under the following provisions of this Part of this Act is previously withdrawn or dismissed, when the appeal is withdrawn or dismissed).

(7) But the Registrar may, when giving notice of his decision to remove the name from the register, direct that the decision shall instead take effect—

(a) where no appeal under the following provisions of this Part of this Act is brought against the decision within the time limited for the appeal, on the expiration of that time,

(b) where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal,

(c) where such an appeal is brought and not withdrawn or struck out for want of prosecution, if and when the appeal is dismissed, and not otherwise.

(7A) The Registrar may suspend a person's registration if the Registrar—

(a) has given, or is about to give, the person notice under subsection (4),

(b) is considering whether to remove the person's name from the register, or has decided to remove the name but the decision is not yet in effect, and

(c) believes that the person would pose a significant threat to the safety of members of the public if the person's registration were not suspended.

(7B) The Registrar must, on deciding to suspend a person's registration, give written notice of the decision to the person.

(7C) The decision to suspend takes effect on the giving of the notice.

(7D) No notice may be given under subsection (7B) before the notice under subsection (4) is given but the subsection (7B) notice may be included in the subsection (4) notice if the subsection (4) notice is still to be given when the decision to suspend is made.

(7E) A suspension under subsection (7A) is terminated if—

(a) the Registrar decides not to remove the person's name from the register,

(b) the Registrar decides to remove the person's name from the register but the decision has not taken effect and an appeal against the decision is successfully concluded,

(c) the Registrar has not decided whether to remove the person's name from the register and the period of 75 days beginning with the giving of the subsection (4) notice has ended,

(d) the person's name is removed from the register (whether under this section or otherwise), or

(e) the Registrar decides to terminate the suspension.

(7F) The Registrar must give written notice to a person of the fact that the person's suspension is terminated as mentioned in subsection (7E)(a) to (c) or (e).

(7G) For the purposes of this Part of this Act the fact that a person's registration is suspended does not prevent the person's name from being in the register.

(8) Where a person whose name has been removed from the register under this section applies under subsection (2) of section 125 of this Act for his name to be entered again in the register and either—

(a) the application is made after the end of the period of one year beginning with the date on which his name was removed; or

(b) his name was removed on the grounds that he has failed to pass such a test as is mentioned in subsection (5)(a)(i) of that section,

the Registrar shall not regard the condition specified in paragraph (a) of subsection (3) of that section as fulfilled unless he is satisfied that that person has again passed the examination mentioned in that paragraph since the date on which his name was removed from the register.

(9) Where a person whose name was entered in the register as that of a disabled instructor and whose name has been removed from the register under this section applies under subsection (1) of section 125A of this Act for his name to be entered again in the register as that of a disabled instructor and either—

(a) the application is made after the end of the period of one year beginning with the date on which his name was removed, or

(b) his name was removed on the ground that he has failed to pass such a test as is mentioned in section 125B(6)(b) of this Act,

the Registrar shall not regard the condition mentioned in section 125A(6)(a) of this Act as fulfilled unless he is satisfied that that person has again passed the examination mentioned in the said section 125A(6)(a) since the date on which his name was removed from the register.

Licences

Licences for giving instruction so as to obtain practical experience.

129

(1) A licence under this section is granted for the purpose of enabling a person to acquire practical experience in giving instruction in driving motor cars with a view to undergoing such part of the examination referred to in section 125(3)(a) as consists of a practical test of ability and fitness to instruct.

(1A) An application for a licence to give paid instruction in the driving of a motor car must be made to the Registrar, in the manner determined by the Secretary of State, accompanied by particulars so determined.

(1B) The Registrar may, in the circumstances mentioned in subsection (1C), require the applicant to submit himself for an emergency control assessment in connection with the application.

(1C) Those circumstances are that the Registrar has reasonable grounds for believing that the person in question would be unable to take control of a motor car of a prescribed class if an emergency arose while he was giving driving instruction in such a motor car.

(2) Where a person duly applies for a licence, the Registrar must, on payment of such fee, if any, as may be prescribed, grant to the applicant a licence to give paid instruction in the driving of a motor car if the Registrar is satisfied—

(a) that the applicant has passed the other parts of the examination referred to in subsection (1),

(b) that the conditions set out in section 125(3)(b), (c), (d) and (e) are fulfilled in the applicant's case, and

(c) in the case of an applicant who has been required under subsection (1B) to submit himself for an emergency control assessment, he holds a current emergency control certificate.

(3) The Registrar may refuse to grant a licence under this section to an applicant to whom such a licence has previously been issued.

(4) The Registrar must, on making a decision on an application under subsection (2) above, give notice in writing of the decision to the applicant which, in the case of a decision to refuse the application, must state the grounds of the refusal.

(5) A licence under this section shall be in such form, shall be in force for such period, and , subject to subsection (5A) below, shall be granted subject to such conditions, as may be prescribed by regulations.

(5ZA) Those conditions may (in particular) include—

(a) a condition requiring the person to whom the licence was granted, if required to do so by the Registrar at any time when the circumstances mentioned in subsection (1C) apply, to submit himself for an emergency control assessment (whether or not the person already holds an emergency control certificate) on such day (within such period as may be prescribed) and at such place as may be specified by the Registrar;

(b) a condition requiring that, if instruction in the driving of a motor car is to be given in circumstances where there is a reasonable expectation of an emergency arising which necessitates the instructor taking control of the car, the person will only give such instruction if he would be able to take control of the car if such an emergency arose while giving the instruction.

(5A) A licence granted by virtue of paragraph (b) of subsection (2) above shall be granted subject to the condition that the person to whom it is granted shall not give paid instruction in the driving of a motor car—

(a) unless he holds a current emergency control certificate, and

(b) the car is an authorised motor car.

(5B) In subsection (5A) above “authorised motor car”, in relation to any person, means a motor car which falls within the class of motor car specified in his current emergency control certificate and, where modifications are specified in that certificate, is modified in accordance with the specification.

(6) Notwithstanding any provision of regulations made by virtue of subsection (5) above prescribing the period for which a licence is to be in force, where a person applies for a new licence in substitution for a licence held by him and current at the date of the application, the previous licence shall not expire—

(a) until the commencement of the new licence, or

(b) if the Registrar decides to refuse the application, until the time limited for an appeal under the following provisions of this Part of this Act against the decision has expired and, if such an appeal is duly brought, it is finally disposed of.

(7) Before deciding to refuse an application for a new licence in substitution for a licence current at the date of the application, the Registrar must give to the applicant written notice stating that he is considering the refusal and giving particulars of the grounds on which he is considering it.

(8) Where the Registrar gives notice under subsection (7) above—

(a) the applicant may, within the period of fourteen days beginning with the day on which the notice is given, make representations with respect to the proposed refusal, and

(b) the Registrar must not decide to refuse the application until after the expiration of that period, and

(c) before deciding whether or not to refuse the application, the Registrar must take into consideration any such representations made within that period.

(9) Sections 130(7) to (13) and 131A apply in relation to suspending a person's licence in connection with an application for a new licence in substitution for a licence current at the date of the application as if—

(a) the references in sections 130(7) to (13) and 131A to—

(i) a notice under section 130(3) were references to a notice under subsection (7) above,

(ii) the revocation of the licence were (except in section 130(11)(d)) references to the refusal of the person's application for a new licence, and

(iii) the decision not being in effect were references to the decision not being in effect because the licence has not expired, and

(b) section 131A(3), and the words “(whether or not the Registrar's decision has taken effect)” in section 131A(2)(b), were omitted.

Revocation of licences.

130

(1) The registrar may revoke a licence granted under section 129 of this Act—

(a) if the person to whom the licence was granted fails to comply with any of the conditions subject to which it was granted, or

(b) if the Registrar is satisfied that, at any time since the licence was granted, any of the relevant conditions was fulfilled in his case, or

(2) Except in the case of a licence granted by virtue of subsection (2)(b) of section 129 of this Act, the relevant conditions are—

(a) that he held none of the kinds of current licence mentioned in section 125 (3)(b) of this Act, ...

(b) that he was disqualified under section 34 or 36 of the Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle under Part III of this Act, or

(ba) that an assessor refused to grant him an emergency control certificate on completing an emergency control assessment of him following a requirement imposed as mentioned in section 129(5ZA)(a), or

(c) that he ceased, apart from fulfilment of either of the preceding conditions, to be a fit and proper person to have his name in the register.

(2A) In the case of a licence granted by virtue of subsection (2)(b) of section 129 of this Act, the relevant conditions are—

(a) that he did not hold a current emergency control certificate, or

(b) that he did not hold a current disabled person’s limited driving licence, or

(c) that he was disqualified under section 34 or 36 of the Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle under Part III of this Act, or

(d) that he ceased, apart from fulfilment of any of the preceding conditions, to be a fit and proper person to have his name in the register as that of a disabled instructor.

(3) Before revoking a licence granted to a person under this section the Registrar must give him written notice stating that he is considering the revocation and giving particulars of the grounds on which he is considering it.

(4) Where the Registrar gives notice to a person under subsection (3) above—

(a) that person may, within the period of fourteen days beginning with the day on which the notice is given, make representations with respect to the proposed revocation, and

(b) the Registrar must not decide to revoke the licence until after the expiration of that period, and

(c) before deciding whether or not to revoke the licence, the Registrar must take into consideration any such representations made within that period.

(5) The Registrar must, on making a decision to revoke a licence granted under this section, give notice in writing of the decision to the person concerned.

(5A) A decision to revoke a licence shall take effect at the end of the period of fourteen days beginning with the day on which notice of the decision is given (or, if any appeal brought against the decision under the following provisions of this Part of this Act is previously withdrawn or dismissed, when the appeal is withdrawn or dismissed).

(6) But the Registrar may, when giving notice of his decision to revoke a licence, direct that (if an appeal under the following provisions of this Part of this Act is brought against the decision) it shall instead take effect—

(a) if the appeal is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal, or

(b) if and when the appeal is dismissed, and not otherwise.

(7) The Registrar may suspend a person's licence if the Registrar—

(a) has given, or is about to give, the person notice under subsection (3),

(b) is considering whether to revoke the licence, or has decided to revoke the licence but the decision is not yet in effect, and

(c) believes that the person would pose a significant threat to the safety of members of the public if the licence were not suspended.

(8) The Registrar must, on deciding to suspend a person's licence, give written notice of the decision to the person.

(9) The decision to suspend takes effect on the giving of the notice.

(10) No notice may be given under subsection (8) before the notice under subsection (3) is given but the subsection (8) notice may be included in the subsection (3) notice if the subsection (3) notice is still to be given when the decision to suspend is made.

(11) A suspension under subsection (7) is terminated if—

(a) the Registrar decides not to revoke the person's licence,

(b) the Registrar decides to revoke the person's licence but the decision has not taken effect and an appeal against the decision is successfully concluded,

(c) the Registrar has not decided whether to revoke the person's licence and the period of 75 days beginning with the giving of the subsection (3) notice has ended,

(d) the person's licence expires or is revoked, or

(e) the Registrar decides to terminate the suspension.

(12) The Registrar must give written notice to a person of the fact that the person's suspension is terminated as mentioned in subsection (11)(a) to (c) or (e).

(13) For the purposes of this Part of this Act the fact that a person's licence is suspended does not prevent the person from being a licence-holder.

Appeals

Appeals.

131

(A1) A relevant person who is aggrieved by the failure of the Registrar to notify the person of a decision in relation to an application for entry of the person’s name in the register before the end of the period of four months beginning with the day after the day on which the complete application was submitted, may appeal to the First-tier Tribunal.

(B1) On an appeal under subsection (A1), the First-tier Tribunal may make such order requiring the Registrar to notify the relevant person of a decision in relation to the application as it thinks fit.

(C1) In subsections (A1) and (B1), “relevant person” means a person entitled to give paid instruction in the driving of a motor car by virtue of Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023.

(1) A person who is aggrieved by a decision of the Registrar—

(a) to refuse an application for the entry of his name in the register, or

(b) to refuse an application for the retention of his name in the register, or

may appeal to the First-tier Tribunal.

(2) A person who is aggrieved by a decision of the Registrar—

(a) to refuse an application for the grant of a licence under this Part of this Act, or

(b) to revoke such a licence,

may appeal to the First-tier Tribunal.

(3) On an appeal under subsection (1) or (2) the First-tier Tribunal may make such order—

(a) for the grant or refusal of the application

(b) for the removal or the retention of the name in the register, or the revocation or continuation of the licence,

(as the case may be) as it thinks fit.

(4) An order for such refusal, removal or revocation may direct that an application by the appellant—

(a) for the grant of a licence under this Part of this Act, or

(b) for his name to be entered in the register,

shall not be entertained before the expiration of such period, not exceeding four years beginning with the day on which the order is made, as may be specified in the order.

(4A) If the First-tier Tribunal considers that any evidence adduced on an appeal had not been adduced to the Registrar before he gave the decision to which the appeal relates, it may (instead of making an order under subsection (3) above) remit the matter to the Registrar for him to reconsider the decision.

(4B) A person who is aggrieved by a decision of the Registrar not to give a direction under section 127(8), 128(7) or 130(6) of this Act may appeal to the First-tier Tribunal.

(4C) The First-tier Tribunal shall determine the appeal by either—

(a) giving the direction concerned, or

(b) dismissing the appeal.

. . .

(4D) Where the Registrar has decided to refuse an application for the retention of a name in the register, to remove a name from the register or to revoke a licence granted under section 129 of this Act but either—

(a) he gave a direction under section 127(8), 128(7) or 130(6) of this Act, or

(b) the First-tier Tribunal have given such a direction on appeal,

he may . . . apply to the First-tier Tribunal for an order that the decision is to take effect immediately.

(4E) The First-tier Tribunal shall determine the Registrar’s application by either granting or refusing the application.. . .

(4F) The First-tier Tribunal may only grant the application if it considers that a failure to do so might prejudicially affect—

(a) the well-being of any person to whom the person concerned may give instruction in the driving of a motor car, or

(b) the safety of road users.

(4G) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Compensation

Compensation in respect of suspension

131A

(1) The Secretary of State must by regulations make a scheme for the making of payments by the Secretary of State to persons in respect of one or more of the following—

(a) income losses incurred by them as a result of their registrations or licences being suspended by virtue of section 128(7A) to (7G) or (as the case may be) 130(7) to (13),

(b) non-income losses so incurred, and

(2) No payments may be made under a scheme in respect of the suspension of a person's registration or licence unless—

(a) the suspension is terminated because the Registrar decides not to remove the person's name from the register or (as the case may be) not to revoke the licence,

(b) an appeal is successfully concluded against the decision of the Registrar to remove the person's name from the register or (as the case may be) to revoke the licence (whether or not the Registrar's decision has taken effect), or

(3) Where the decision of the Registrar to remove the person's name from the register or to revoke the licence has taken effect before an appeal against it is successfully concluded, any payments under a scheme may relate only to the suspension.

(4) A scheme may, in particular, specify—

(a) the description or descriptions of income losses, or

(b) the description or descriptions of non-income losses,

in respect of which payments are to be made but need not provide for the making of payments in respect of all income losses or all non-income losses or for the making of payments which correspond to the full amount of any income losses or non-income losses.

(5) A scheme may also, in particular—

(a) specify the basis or bases of valuation for determining losses or the person who is to decide their valuation,

(b) specify the amounts of payments to be made or the basis or bases on which such amounts are to be calculated,

(c) provide for the procedure to be followed (including when claims may be made and the provision of information) in respect of claims under the scheme and for the determination of such claims.

(6) A person who is aggrieved by a decision of the Secretary of State as to the person's entitlement to payments under a scheme or the amounts of any such payments may appeal to the First-tier Tribunal.

(7) On an appeal, the First-tier Tribunal may make such order as it considers appropriate.

(8) If the Tribunal considers that any evidence adduced on an appeal had not been adduced to the Secretary of State before the making of the decision to which the appeal relates, the Tribunal may (instead of making an order under subsection (7)) remit the matter to the Secretary of State for the Secretary of State to reconsider the decision.

(9) In this section—

“income losses” means losses of income, and

“non-income losses” means losses other than income losses.

Examinations and tests

Examinations and tests of ability to give driving instruction.

132

(1) Regulations may make provision with respect to—

(a) the nature of examinations of the ability of persons to give instruction in the driving of motor cars and tests of continued ability and fitness to give instruction in the driving of motor cars (or appropriate motor cars), and

(b) evidence of the results of such tests and examinations,

and generally with respect to such tests and examinations.

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

(a) for requiring a person submitting himself for any part of such an examination which consists of a practical test, or to any part of such a test of continued ability and fitness which consists of practical assessment, to provide a vehicle for the purposes of the practical test or assessment, being a vehicle in respect of which such conditions as may be specified in regulations are complied with,

(b) for requiring a person applying to submit himself for any part of such an examination , or required to submit himself for such a test, to pay to the Registrar such fee as may be specified in the regulations in relation to that part or such tests,, and

(c) for requiring a person who desires to submit himself for any part of such an examination , or is required to submit himself for such a test to supply the Registrar with such particulars as the Secretary of State may determine.

Review of examinations.

133

(1) On the application of a person who has undergone a relevant examination, or a part of such an examination—

(a) a magistrates' court, or

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

may determine whether the examination or part was properly conducted

(2) If it appears to the court or sheriff the examination or part was not properlyconducted, the court or sheriff may order that any fee payable by the applicant in respect of the examination or partshall not be paid or, if it has been paid, shall be repaid.

(3) No appeal shall lie under section 131 of this Act in respect of any matter in respect of which an application may be made to a magistrates’ court or a sheriff under subsection (1) above.

(4) In this section “a relevant examination” means—

(a) an examination of ability to give instruction in the driving of motor cars,

(b) a test of continued ability and fitness to give instruction in the driving of motor cars (or appropriate motor cars), or

Disabled persons: emergency control certificates, etc

Assessment of disabled person’s ability to control a motor car in an emergency.

133A

(1) This section applies to any person who, by or under any provision of this Part of this Act,—

(a) is authorised to apply to undergo an emergency control assessment, or

(b) is required by the Registrar to submit himself for an emergency control assessment.

(2) An emergency control assessment is an assessment of whether the person being assessed would be able either—

(a) to take control of a motor car of a prescribed class without any modifications, or

(b) to take control of a motor car of a prescribed class only with appropriate modifications of such a motor car,

if an emergency arose while he was giving, in such a motor car, instruction in the driving of a motor car.

(3) Where a person is authorised to apply to undergo an emergency control assessment, for the application to be duly made, it must be made to the Secretary of State and must include—

(a) a declaration by the person making the application, in such form as the Secretary of State may require, stating every relevant disability or prospective disability from which the person is suffering or has at any time (or, if a period is prescribed by regulations, has during that period) suffered; and

(b) such other particulars as the Secretary of State may require.

(4) Where a person is required to submit himself for an emergency control assessment he must furnish to the Secretary of State such particulars as the Secretary of State may require.

(4A) Regulations may require a person who applies to undergo an emergency control assessment (or a part of such an assessment), or is required to submit himself for such an assessment, to pay a fee to the Secretary of State.

(5) An emergency control assessment—

(a) shall be conducted by a person appointed by the Secretary of State (in this section referred to as “the assessor”); and

(b) shall consist of such practical tests and other means of assessment as the Secretary of State may determine.

(6) On completing an emergency control assessment of a person, the assessor shall grant him an emergency control certificate if he is satisfied either—

(a) that, in the circumstances mentioned in subsection (2) above, that person would be able to take control of a motor car of a prescribed class without any modifications, or

(b) that, in the circumstances mentioned in subsection (2) above, that person would be able to take control of a motor car of a prescribed class only with appropriate modifications of such a motor car;

but if the assessor is not so satisfied, he shall refuse to grant a certificate to that person.

(7) An emergency control certificate granted to any person—

(a) shall specify the class of motor car covered by his disabled person’s limited driving licence in relation to which the assessor is satisfied as mentioned in subsection (6)(a) or (b) above, specifying, in a case falling within paragraph (b) the modifications that are appropriate; and

(b) may include a recommendation that that person should undergo a further emergency control assessment after the end of such period as is specified in the certificate;

and shall otherwise be in such form as the Secretary of State may determine.

(8) Different modifications for different classes of motor car may be specified under subsection (7)(a) above.

(9) The assessor who has assessed any person under this section—

(a) if he grants an emergency control certificate, shall—

(i) give or send the certificate to that person, and

(ii) send a copy of the certificate to the Registrar; and

(b) if he refuses to grant such a certificate, shall—

(i) give notice in writing to that person of his decision and of the reasons for it, and

(ii) send a copy of the notice to the Registrar.

(10) In this Part, “modifications”, in relation to a motor car, includes equipment.

Further assessments.

133B

(1) A person who has undergone an emergency control assessment may not apply to undergo a further assessment until after the end of—

(a) the period of six months beginning with the date of his most recent previous assessment, or

(b) such other period as may be prescribed by regulations,

unless, by virtue of section 125B(6)(a) of this Act or subsection (2) below, he is required by the Registrar to submit himself for a further assessment.

(2) A person whose name is not on the register but who holds a current emergency control certificate shall, if at any time required to do so by the Registrar, submit himself for a further emergency control assessment on the day (within such period as may be prescribed by regulations) and at the place specified by the Registrar.

(2A) A person may, for the purpose of obtaining an emergency control certificate, apply to undergo a further emergency control assessment if—

(a) he has been required to submit himself for an emergency control assessment—

(i) under section 125(2C) or 129(1B), or

(ii) as mentioned in section 125(5)(a)(ii) or 129(5ZA),

(b) on completing that assessment, the assessor refused to grant him an emergency control certificate, and

(3) In considering whether to exercise, in respect of any person, his power under subsection (2) above, the Registrar shall have regard to any recommendation included in that person’s current emergency control certificate as to the period after the end of which he should undergo a further emergency control assessment.

(4) A person who—

(a) holds a current emergency control certificate, but

(b) wishes to undergo a further emergency control assessment with a view to establishing his ability to control any class of motor car not specified in his current certificate,

may, with the consent of the Registrar and subject to subsection (5A), apply to undergo a further assessment; but a person applying to undergo a further assessment under this subsection shall not be required to make the declaration required by section 133A(3)(a) of this Act.

(5) An application made under subsection (4) above for the consent of the Registrar shall be made in such manner and be accompanied by such particulars as the Registrar may require.

(5A) A person may not apply to undergo a further emergency control assessment under subsection (4) until after the end of—

(a) the period of six months beginning with the date of his most recent previous assessment, or

(b) such other period as may be prescribed by regulations,

unless the Registrar considers it appropriate for the application to be made at such earlier time as may be specified by the Registrar.

(6) If, as a result of undergoing a further emergency control assessment, a person is granted a fresh emergency control certificate the grant of that certificate shall, with effect from the date on which it is notified as taking effect, revoke the previous certificate.

(7) If, in the case of an emergency control assessment conducted in respect of a person who holds a current emergency control certificate, the assessor is not satisfied as to either of the matters specified in paragraphs (a) and (b) of section 133A(6), he shall revoke the certificate.

(8) Where a person’s emergency control certificate is revoked under subsection (7) above the assessor shall—

(a) serve notice in writing on him specifying—

(i) the grounds for the revocation, and

(ii) the date, not being earlier than the date of service of the notice, on which the revocation is to take effect, and

(b) send a copy of the notice to the Registrar.

(9) In this section “assessor” has the same meaning as in section 133A of this Act.

Duty to disclose further disability.

133C

(1) This section applies to—

(a) persons whose names are in the register, and

(b) persons who hold licences under section 129 of this Act granted by virtue of subsection (2)(b) of that section.

(2) If at any time a person to whom this section applies becomes aware—

(a) that he is suffering from a relevant or prospective disability which he has not previously disclosed to the Secretary of State under section 125(2A), 129(1A) or 133A(3) or (4) of this Act, 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 his current emergency control certificate was granted,

he must forthwith notify the Registrar in writing of the nature and extent of his disability.

(3) Subsection (2) above does not require a person to notify the Registrar 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.

(4) A person who fails without reasonable excuse to notify the Registrar as required by subsection (2) above is guilty of an offence.

Offences relating to giving by disabled person of paid driving instruction.

133D

(1) This section applies to—

(a) persons whose names are in the register, and

(b) persons who hold licences under section 129 of this Act,

who have undergone emergency control assessments in accordance with a requirement imposed under section 125(2C) or 129(1B) or as mentioned in section 125(5)(a)(ii) or 129(5ZA)(a).

(2) No person to whom this section applies shall give paid instruction in the driving of a motor car unless he is the holder of a current emergency control certificate.

(3) No person to whom this section applies shall give, in any unauthorised motor car, paid instruction in the driving of a motor car.

(3A) Subsection (3) does not apply if the person to whom the instruction is given holds a full licence granted under Part 3 which is not limited by virtue of a notice served under section 92(5)(b).

(4) Where instruction is given in contravention of this section—

(a) the person by whom it is given, and

(b) if that person is employed by another to give that instruction, that other, as well as that person,

is guilty of an offence.

(5) In subsection (3) above “unauthorised motor car”, in relation to any person, means a motor car other than one which falls within the class of motor car specified in his current emergency control certificate and, where modifications are specified in that certificate, is modified in accordance with the specification.

Direction to disregard emergency control assessment requirement

133E

(1) This section applies where a person has been required—

(a) under section 125(2C) or 129(1B), or

(b) as mentioned in section 125(5)(a)(ii) or 129(5ZA),

to submit himself for an emergency control assessment.

(2) At any time before the assessment takes place the Registrar may withdraw the requirement (in which case this Part applies as if the requirement had never been imposed).

(3) At any time after the assessment takes place the Registrar may direct that the requirement is to be disregarded for the purposes of this Part (and accordingly any condition that the person holds an emergency certificate is to cease to apply).

(4) Notice of—

(a) the withdrawal of a requirement under subsection (2), or

(b) a direction under subsection (3),

must be given to the person on whom the requirement was imposed.

General and supplemental

Power to alter conditions for entry or retention in, and removal from, register and for grant or revocation of licences.

134

Regulations may—

(a) alter or add to the conditions as to which the Registrar is required by this Part of this Act to be satisfied for the entry of a name in the register, the retention of a name in the register, the removal of a name from the register, the grant of a licence and the revocation of a licence, or omit any of those conditions,

(b) alter the period at the expiration of which a person’s name which is entered or retained in the register after the coming into force of the regulation must, unless retained or further retained, be removed from the register.

Power to prescribe form of certificate of registration, etc.

135

(1) Regulations may prescribe all or any of the following—

(a) a form of certificate for issue to persons whose names are in the register as evidence of their names’ being in the register,

(b) a form of badge for use by such persons, and

(2) If a person whose name is not in the register—

(a) takes or uses a title prescribed under this section, or

(b) wears or displays a badge or certificate so prescribed, or

he is guilty of an offence unless he proves that he did not know, and had no reasonable cause to believe, that his name was not in the register at the material time.

(3) If P uses, in relation to any person employed by P whose name is not in the register,

(a) a title or description prescribed under this section for use by persons whose names are in the register, or

(b) a name, title, addition or description implying that the person’s name is in the Register,

P is guilty of an offence unless P proves that P did not know, and had no reasonable cause to believe, that the person’s name was not in the register at the material time.

(5) If P issues any advertisement or invitation calculated to mislead with respect to the extent to which persons employed by P are registered under this Part, P is guilty of an offence unless P proves that P did not know, and had no reasonable cause to believe, that the advertisement or invitation was misleading in that respect at the time it was issued.

(6) In this section “P” means a person carrying on business in the provision of instruction in the driving of motor vehicles.

Surrender of certificates and licences.

136

Where—

(a) the name of a person to whom a certificate prescribed under section 135 of this Act has been issued is removed from the register in pursuance of this Part of this Act, or

(b) a licence granted under this Part of this Act to a person expires or is revoked,

that person must, if so required by the Registrar by notice in writing, surrender the certificate or licence, as the case may be, to the Registrar within the period of fourteen days beginning with that on which the notice is given and, if he fails to do so, he is guilty of an offence.

Production of certificates and licences to constables and authorised persons.

137

(1) A person to whom a certificate prescribed under section 135 of this Act is issued, or to whom a licence under this Part of this Act is granted, must, on being so required by a constable or any person authorised in writing by the Secretary of State in that behalf, produce the certificate or licence for examination.

(2) Where—

(a) the name of a person is removed from the register, or

(b) a licence granted under this Part of this Act to a person expires or is revoked,

then, if that person fails to satisfy an obligation imposed on him by section 136 of this Act, a constable or a person authorised in writing by the Secretary of State in that behalf may require him to produce any such certificate issued to him or the licence, and upon its being produced may seize it and deliver it to the Registrar.

(3) A person who is required under subsection (1) or (2) above to produce a document and fails to do so is, subject to subsection (4) below, guilty of an offence.

(4) In proceedings against any person for an offence under subsection (3) above, it shall be a defence for him to show that—

(a) within seven days beginning with the day following that on which the production of the document was so required, it was produced—

(i) where the requirement was made by a constable, at a police station specified at the time the production was required by the person required to produce the document,

(ii) where the requirement was made by a person other than a constable, at a place specified at that time by that person, or

(b) the document was produced at that police station or, as the case may be, place as soon as was reasonably practicable, or

(c) it was not reasonably practicable for it to be produced at that police station or, as the case may be, place before the day on which the proceedings were commenced,

and for the purposes of this subsection the laying of the information or, in Scotland, the service of the complaint on the accused shall be treated as the commencement of the proceedings.

Offences by corporations.

138

Where a body corporate is guilty of an offence under this Part of this Act and the offence is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, he, as well as the body corporate, is guilty of that offence and liable to be proceeded against and punished accordingly.

Service of notices.

139

(1) A notice authorised or required to be given by this Part of this Act to a person may be given by delivering it to him, or by leaving it at his proper address, or by sending it to him by post.

(2) For the purposes of this section and of section 7 of the Interpretation Act 1978 in its application to this section, the proper address of a person shall be, in the case of a person whose name is included in the register, his address on the register, and in any other case, his usual or last known address.

Receipts.

140

Any sums received on account of fees payable by virtue of any provision of this Part of this Act shall be paid into the Consolidated Fund.

Regulations.

141

(1) The Secretary of State may make regulations for any purpose for which provision is by this Part of this Act authorised to be made by regulations and for prescribing anything which may be prescribed under this Part of this Act , and in this Part of this Act “regulations” means regulations made under this section.

(2) Regulations under this section—

(a) may be expressed to apply generally or only in particular circumstances,

(b) may make different provision in relation to different cases or other circumstances or otherwise for different purposes, and

Meaning of “motor car".

141A

(1) Notwithstanding section 185(1) of this Act, in this Part of this Act “motor car" means a motor vehicle (other than an invalid carriage or motor cycle)—

(a) which is not constructed or adapted to carry more than nine persons inclusive of the driver, and

(b) which has a maximum gross weight not exceeding 3.5 tonnes.

(2) In subsection (1) above “maximum gross weight" has the same meaning as in Part III of this Act.

Index to Part V.

142

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 VI — Third-Party Liabilities

Compulsory insurance ...

Users of motor vehicles to be insured ... .

143

(1) Subject to the provisions of this Part of this Act—

(a) a person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle by that person such a policy of insurance ... as complies with the requirements of this Part of this Act, and

(b) a person must not cause or permit any other person to use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle by that other person such a policy of insurance ... as complies with the requirements of this Part of this Act.

(2) If a person acts in contravention of subsection (1) above he is guilty of an offence.

(3) A person charged with using a motor vehicle in contravention of this section shall not be convicted if he proves—

(a) that the vehicle did not belong to him and was not in his possession under a contract of hiring or of loan,

(b) that he was using the vehicle in the course of his employment, and

(c) that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance ... as is mentioned in subsection (1) above.

(4) This Part of this Act does not apply to invalid carriages.

Exceptions from requirement of third-party insurance ... .

144

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Section 143 does not apply—

(a) to a vehicle owned—

(i) by the council of a county or county district in England and Wales the Broads Authority, the Common Council of the City of London, the council of a London borough a National Park authority, the Inner London Education Authority, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, the London Fire Commissioner, ... , a joint authority ... established by Part 4 of the Local Government Act 1985, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 , a combined authority established under section 103 of that Act or a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,

(ii) by a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in Scotland or the Scottish Fire and Rescue Service , or

(iii) by a joint board or committee in England or Wales, or joint committee in Scotland, which is so constituted as to include among its members representatives of any such council,

at a time when the vehicle is being driven under the owner’s control,

(b) to a vehicle owned by a local policing body or a police authority or the Receiver for the Metropolitan Police district, at a time when it is being driven under the owner’s control, or to a vehicle at a time when it is being driven for police purposes by or under the direction of a constable, by a member of a police and crime commissioner's staff (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011), by a member of the staff of the Mayor's Office for Policing and Crime (within the meaning of that Part of that Act), by a member of the civilian staff of a police force (within the meaning of that Part of that Act), by a member of the civilian staff of the metropolitan police force (within the meaning of that Part of that Act), by a person employed by the Common Council of the City of London in its capacity as a police authority, by a police volunteer designated under section 38 of the Police Reform Act 2002, or by a person employed by a police authority, ..., or

(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) to a vehicle at a time when it is being driven on a journey to or from any place undertaken for salvage purposes pursuant to Part IX of the Merchant Shipping Act 1995,

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

(da) to a vehicle owned by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990 ...or by a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006, at a time when the vehicle is being driven under the owner’s control.

(db) to an ambulance owned by a National Health Service trust established under section 25 of the National Health Service Act 2006, section 18 of the National Health Service (Wales) Act 2006 or the National Health Service (Scotland) Act 1978, at a time when a vehicle is being driven under the owner’s control

(dc) to an ambulance owned by an NHS foundation trust, at a time when the vehicle is being driven under the owner’s control,

(e) to a vehicle which is made available by the Secretary of State or the Welsh Ministers to any person, body or local authority in pursuance of section 12 or 80 of the National Health Service Act 2006, or section 10 or 38 of the National Health Service (Wales) Act 2006, at a time when it is being used in accordance with the terms on which it is so made available,

(f) to a vehicle which is made available by the Secretary of State to any local authority, education authority or voluntary organisation in Scotland in pursuance of section 15 or 16 of the National Health Service (Scotland) Act 1978 at a time when it is being used in accordance with the terms on which it is so made available.

(g) to a vehicle owned by the Care Quality Commission, at a time when the vehicle is being driven under the owner’s control

Offence of keeping vehicle which does not meet insurance requirements

144A

(1) If a motor vehicle registered under the Vehicle Excise and Registration Act 1994 does not meet the insurance requirements, the person in whose name the vehicle is registered is guilty of an offence.

(2) For the purposes of this section a vehicle meets the insurance requirements if—

(a) it is covered by a such a policy of insurance ... as complies with the requirements of this Part of this Act, and

(b) either of the following conditions is satisfied.

(3) The first condition is that the policy ... , or the certificate of insurance ... which relates to it, identifies the vehicle by its registration mark as a vehicle which is covered by the policy ... .

(4) The second condition is that the vehicle is covered by the policy ... because—

(a) the policy ... covers any vehicle, or any vehicle of a particular description, the owner of which is a person named in the policy ... or in the certificate of insurance ... which relates to it, and

(b) the vehicle is owned by that person.

(5) For the purposes of this section a vehicle is covered by a policy of insurance ... if the policy of insurance ... is in force in relation to the use of the vehicle.

Exceptions to section 144A offence

144B

(1) A person (“the registered keeper”) in whose name a vehicle which does not meet the insurance requirements is registered at any particular time (“ the relevant time ”) does not commit an offence under section 144A of this Act at that time if any of the following conditions are satisfied.

(2) The first condition is that at the relevant time the vehicle is owned as described—

(a) in subsection (1) of section 144 of this Act, or

(b) in paragraph (a), (b), (da), (db), (dc) or (g) of subsection (2) of that section,

(whether or not at the relevant time it is being driven as described in that provision).

(3) The second condition is that at the relevant time the vehicle is owned with the intention that it should be used as described in paragraph (c), (d), (e) or (f) of section 144(2) of this Act.

(4) The third condition is that the registered keeper—

(a) is not at the relevant time the person keeping the vehicle, and

(b) if previously he was the person keeping the vehicle, he has by the relevant time complied with any requirements under subsection (7)(a) below that he is required to have complied with by the relevant or any earlier time.

(5) The fourth condition is that—

(a) the registered keeper is at the relevant time the person keeping the vehicle,

(b) at the relevant time the vehicle is not used on a road or other public place, and

(c) the registered keeper has by the relevant time complied with any requirements under subsection (7)(a) below that he is required to have complied with by the relevant or any earlier time.

(6) The fifth condition is that—

(a) the vehicle has been stolen before the relevant time,

(b) the vehicle has not been recovered by the relevant time, and

(c) any requirements under subsection (7)(b) below that, in connection with the theft, are required to have been complied with by the relevant or any earlier time have been complied with by the relevant time.

(6A) The sixth condition is that—

(a) the registered keeper is at the relevant time the person keeping the vehicle,

(b) neither a licence nor a nil licence under the Vehicle Excise and Registration Act 1994 was in force for the vehicle on 31st January 1998,

(d) the vehicle has not been used or kept on a public road after that date.

(7) Regulations may make provision—

(a) for the purposes of subsection (4)(b) and (5)(c) above, requiring a person in whose name a vehicle is registered to furnish such particulars and make such declarations as may be prescribed, and to do so at such times and in such manner as may be prescribed, and

(b) for the purposes of subsection (6)(c) above, as to the persons to whom, the times at which and the manner in which the theft of a vehicle is to be notified.

(8) Regulations may make provision amending this section for the purpose of providing for further exceptions to section 144A of this Act (or varying or revoking any such further exceptions).

(9) A person accused of an offence under section 144A of this Act is not entitled to the benefit of an exception conferred by or under this section unless evidence is adduced that is sufficient to raise an issue with respect to that exception; but where evidence is so adduced it is for the prosecution to prove beyond reasonable doubt that the exception does not apply.

Fixed penalty notices

144C

(1) Where on any occasion the Secretary of State has reason to believe that a person has committed an offence under section 144A of this Act, the Secretary of State may give the person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty to the Secretary of State.

(2) Where a person is given a notice under this section in respect of an offence under section 144A of this Act—

(a) no proceedings may be instituted for that offence before the end of the period of 21 days following the date of the notice, and

(b) he may not be convicted of that offence if he pays the fixed penalty before the end of that period.

(3) A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.

(4) A notice under this section must also state—

(a) the period during which, by virtue of subsection (2) above, proceedings will not be taken for the offence,

(b) the amount of the fixed penalty, and

(5) Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (4)(c) above at the address so mentioned.

(6) Where a letter is sent in accordance with subsection (5) above payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(7) Regulations may make provision as to any matter incidental to the operation of this section, and in particular—

(a) as to the form of a notice under this section,

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