Road Traffic (New Drivers) Act 1995

Introductory

Short title, commencement, extent etc.

1

• (1) For the purposes of this Act, a person’s probationary period is, subject to section 7, the period of two years beginning with the day on which he becomes a qualified driver.

• (2) For the purposes of this Act, a person becomes a qualified driver on the first occasion on which he passes—

• (a) any test of competence to drive mentioned in paragraph (a) or (c) of section 89(1) of the Road Traffic Act 1988;

• (b) any test of competence to drive conducted under the law of

• (i) an EEA State,

• (ii) the Isle of Man,

• (iii) any of the Channel Islands, or

• (iv) Gibraltar.

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

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

Revocation of licences and re-testing

Surrender of licences

2

• (1) Subsection (2) applies where—

• (a) a person is the holder of a licence;

• (b) he is convicted of an offence involving obligatory endorsement;

• (c) the penalty points to be taken into account under section 29 of the Road Traffic Offenders Act 1988 on that occasion number six or more;

• (d) the court makes an order falling within section 44(1)(b) of that Act in respect of the offence;

• (e) the person’s licence shows the date on which he became a qualified driver, or that date has been shown by other evidence in the proceedings; and

• (f) it appears to the court, in the light of the order and the date so shown, that the offence was committed during the person’s probationary period.

• (2) Where this subsection applies, the court must, together with the notice of the order referred to in subsection (1)(d) required to be sent to the Secretary of State under section 44A of the Road Traffic Offenders Act 1988, send the person's licence on its production to the court.

• (3) Subsection (4) applies where—

• (a) a person’s licence has been sent to the fixed penalty clerk under section 54(7) of the Road Traffic Offenders Act 1988, retained by a vehicle examiner under that section or delivered to the appropriate person in response to a conditional offer issued under section 75 of that Act;

• (b) the offence to which the fixed penalty notice or the conditional offer relates is one involving obligatory endorsement;

• (c) the ... penalty points to be attributed to the offence are to be endorsed on the person's driving record ;

• (d) the penalty points to be taken into account by the appropriate person in respect of the offence number six or more;

• (e) the licence shows the date on which the person became a qualified driver; and

• (f) it appears to the appropriate person, in the light of the particulars of the offence to be endorsed on the person's driving record and the date so shown, that the offence was committed during the person’s probationary period.

• (4) Where this subsection applies ...—

• (a) the appropriate person may not return the licence ... under section 57A(3) or (4) or 77A(2) of the Road Traffic Offenders Act 1988; but

• (b) unless the appropriate person is the Secretary of State, he must send them to the Secretary of State together with the notice he is required to send under section 57A or 77A of that Act of the particulars to be endorsed on the person's driving record .

• (5) For the purposes of subsection (3)(d) the penalty points to be taken into account ... in respect of the offence are the penalty points which would have been taken into account under section 29 of the Road Traffic Offenders Act 1988 if—

• (a) the person in question had been convicted of the offence; and

• (b) the number of penalty points to be attributed to the offence on that occasion had been determined in accordance with section 28(3) of that Act.

• (6) In this section and section 3 “licence” includes a Northern Ireland licence.

• (7) In this section and section 3—

• “ the appropriate person ”, in relation to a fixed penalty notice, means— if it was given by a constable or an authorised person, the fixed penalty clerk, andif it was given by a vehicle examiner or the Secretary of State, the Secretary of State, and

• “ the appropriate person ”, in relation to a conditional offer, means— where the conditional offer was issued under subsection (1), (2) or (3) of section 75 of the Road Traffic Offenders Act 1988, the fixed penalty clerk, andwhere it was issued under subsection (1A) or (3B) of that section, the Secretary of State.

Revocation of licences

3

• (1) Where the Secretary of State receives—

• (a) a notice sent to him under section 44A, 57A or 77A of the Road Traffic Offenders Act 1988 of particulars required to be endorsed on a person's driving record, and

• (b) a person's licence sent to him in accordance with section 2(2) or (4)(b),

the Secretary of State must by notice served on that person revoke the licence.

• (1ZA) Where section 2(4)(a) applies but the appropriate person is the Secretary of State, the Secretary of State must by notice served on the person to whom the fixed penalty notice or conditional offer was given or issued, revoke that person's licence.

• (1A) Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under subsection (1) or (1ZA), the Secretary of State must send to the licensing authority in Northern Ireland—

• (a) particulars of the notice; and

• (b) the Northern Ireland licence.

• (1B) Where the Secretary of State is sent by that licensing authority particulars of a notice served on the holder of a licence under a provision of Northern Ireland law corresponding to subsection (1) or (1ZA), he must by notice served on the holder revoke the licence.

• (2) A revocation under this section shall have effect from a date specified in the notice of revocation which may not be earlier than the date of service of that notice.

• (3) In this section references to the revocation of a person’s Northern Ireland licence are references to its revocation as respects Great Britain; and, accordingly, the person ceases to be authorised by virtue of section 109(1) of the Road Traffic Act 1988 to drive in Great Britain a motor vehicle of any class.

Re-testing

4

• (1) Subject to subsection (5) and section 5, the Secretary of State may not under Part III of the Road Traffic Act 1988 grant a person whose licence has been revoked under section 3 a full licence to drive any class of vehicles in relation to which the revoked licence was issued as a full licence or (as the case may be) full Northern Ireland licence unless he satisfies the Secretary of State that within the relevant period he has passed a relevant driving test.

• (1A) Subject to subsection (5), the Secretary of State may not under that Part grant a person whose Northern Ireland licence has been revoked under a provision of Northern Ireland law corresponding to section 3(1) a full licence to drive any class of vehicles in relation to which the revoked licence was issued as a full Northern Ireland licence unless he satisfies the Secretary of State as mentioned in subsection (1).

• (2) In this section “relevant driving test” means, in relation to a person whose licence has been revoked, any test which—

• (a) falls within paragraph (a) or (b) of section 1(2); and

• (b) is a test of competence to drive any vehicle included in any class of vehicles in relation to which the revoked licence was issued as a full licence or (as the case may be) full Northern Ireland licence.

• (3) If the Secretary of State grants a full licence to a person who is required to pass a relevant driving test in order to be granted that licence, the licence granted must (subject to section 92 and Part IV of the Road Traffic Act 1988) be one authorising that person to drive all the classes of vehicles in relation to which the revoked licence was issued as a full licence or (as the case may be) full Northern Ireland licence.

• (4) In subsection (1) “the relevant period” means the period beginning—

• (a) after the date of the revocation of the licence; and

• (b) not more than two years before the date on which the application for the full licence is made.

• (5) Subsections (1) and (1A) do not apply to a person whose licence has been revoked under section 3 or whose Northern Ireland licence has been revoked under a provision of Northern Ireland law corresponding to section 3(1) if, before he passes a relevant driving test, an order is made in relation to him under section 36 of the Road Traffic Offenders Act 1988 (disqualification until test is passed).

Restoration of licence without re-testing in certain cases

5

• (1) If the Secretary of State receives notice that a person whose licence has been revoked under section 3 is appealing against a conviction or endorsement which was the basis or formed part of the basis for the revocation, he must grant that person free of charge a full licence for a period prescribed by regulations.

• (2) Regulations under subsection (1) may in particular prescribe—

• (a) a period expiring when the appeal is finally determined or abandoned; or

• (b) a period expiring on the date on which the revoked licence would have expired if it had not been revoked.

• (3) If the regulations prescribe a period other than that mentioned in subsection (2)(a), a licence granted under subsection (1) shall be treated as revoked if—

• (a) following the appeal, the penalty points taken into account for the purposes of section 2 or (as the case may be) the provision of Northern Ireland law corresponding to that section are not reduced to a number smaller than six; or

• (b) the appeal is abandoned.

• (4) If, in the case of a person whose licence has been revoked under section 3, the Secretary of State receives notice that a court—

• (a) has quashed a conviction which was the basis or formed part of the basis for the revocation of the licence,

• (b) has quashed an endorsement which was the basis or formed part of the basis for the revocation of the licence and has not on doing so ordered him to be disqualified, or

• (c) has made an order which has the effect of reducing the penalty points taken into account for the purposes of section 2 or (as the case may be) the provision of Northern Ireland law corresponding to that section to a number smaller than six,

then, subject to subsection (5), the Secretary of State must grant that person free of charge a full licence for a period expiring on the date on which the revoked licence would have expired if it had not been revoked.

• (5) Subsection (4) does not require the Secretary of State to grant a licence to a person who has been granted a previous licence which has not been surrendered unless that person provides the Secretary of State with an explanation for not surrendering the previous licence that the Secretary of State considers adequate.

• (6) If, in accordance with subsection (1) or (4), the Secretary of State grants a full licence to a person whose licence has been revoked under section 3, the licence granted must be one authorising that person to drive all the classes of vehicles in relation to which the revoked licence was issued as a full licence.

• (7) Any licence granted in accordance with subsection (1) or (4) shall have effect for the purposes of the Road Traffic Acts as if it were a licence granted under Part III of the Road Traffic Act 1988.

• (8) Regulations may make provision for requiring such courts as may be prescribed to give notice to the Secretary of State—

• (a) that a person whose licence has been or is due to be revoked under section 3(1) is appealing against a conviction or endorsement which is the basis or forms part of the basis for the revocation;

• (b) that such an appeal has been abandoned.

• (9) Regulations under this section may—

• (a) include such incidental or supplementary provision as appears to the Secretary of State to be expedient;

• (b) make different provision for different cases.

• (10) Any regulations made under this section shall be made by the Secretary of State by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (11) Nothing in this section applies in relation to a person whose Northern Ireland licence has been revoked under section 3(1).

Miscellaneous and general

Newly qualified drivers holding test certificates

6

Schedule 1 (which makes provision about newly qualified drivers who hold test certificates) shall have effect.

Early termination of probationary period

7

For the purposes of this Act a person’s probationary period comes to an end if—

• (a) an order is made in relation to him under section 36 of the Road Traffic Offenders Act 1988 (order that a person be disqualified until he passes the appropriate driving test);

• (b) after his licence is revoked under section 3, he is granted a full licence following the passing of a test which is a relevant driving test for the purposes of section 4; or

• (c) after his test certificate is revoked under paragraph 5 of Schedule 1, or his licence and test certificate are revoked under paragraph 8 of that Schedule, he is granted a full licence following the passing of a test which is a relevant driving test for the purposes of paragraph 6 or 9 of that Schedule.

The Crown

8

This Act applies to persons in the public service of the Crown.

Interpretation etc

9

• (1) Expressions used in this Act which are also used in Part III of the Road Traffic Act 1988 shall be construed in the same way as in that Act.

• (2) Expressions used in this Act which are also used in the Road Traffic Offenders Act 1988 shall be construed in the same way as in that Act.

• (2A) In this Act—

• “ full Northern Ireland licence ” means a Northern Ireland licence other than a Northern Ireland provisional licence,

• “ Northern Ireland provisional licence ” means a Northern Ireland licence which corresponds to a provisional licence.

• (3) In this Act “notice” means notice in writing.

• (4) Section 107 of the Road Traffic Act 1988 (service of notices) applies to a notice served under section 3 or paragraph 5 or 8 of Schedule 1 as it applies to a notice served under Part III or IV of that Act.

• (5) Any requirement under any provision of this Act that a licence ..., a test certificate or a notice must be sent to the Secretary of State is a requirement that the licence ..., the test certificate or the notice must be sent to the Secretary of State at such address as the Secretary of State may determine.

Short title, commencement, extent etc

10

• (1) This Act may be cited as the Road Traffic (New Drivers) Act 1995.

• (2) The provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be so appointed for different provisions.

• (3) Nothing in any provision of this Act applies to a person who becomes a qualified driver before the day on which the provision comes into force.

• (4) The consequential amendments set out in Schedule 2 shall have effect.

• (5) This Act does not extend to Northern Ireland.

SCHEDULE 1

Part I — General

Interpretation

1

• (1) In this Schedule “test certificate” means a certificate or other document which by virtue of regulations under section 89 of the Road Traffic Act 1988 is evidence that a person has not more than two years previously passed a test of competence to drive prescribed by virtue of such regulations.

• (2) In this Schedule “prescribed conditions” means the prescribed conditions referred to in section 97(3) of the 1988 Act (subject to which provisional licences are granted).

• (2A) In this Schedule “the appropriate person” has the same meaning as in sections 2 and 3 of this Act.

• (3) In this Schedule “ licence ” includes a Northern Ireland licence, “ full licence ” includes a full Northern Ireland licence and “ provisional licence ” includes a Northern Ireland provisional licence.

• (4) In relation to the holder of a Northern Ireland licence, the following sub-paragraphs have effect for the purposes of this Schedule.

• (5) References to a test certificate are references to a certificate or other document (in this Schedule referred to as a “ Northern Ireland test certificate ”) which is evidence that he has not more than two years previously passed a Northern Ireland test of competence to drive corresponding to the test mentioned in sub-paragraph (1).

• (6) References to prescribed conditions are references to conditions subject to which the Northern Ireland provisional licence was granted.

Application of Schedule

2

• (1) Part II of this Schedule applies to any person to whom Part III or IV of this Schedule applies.

• (2) Part III of this Schedule applies to a person who holds—

• (a) a licence issued as a provisional licence; and

• (b) a test certificate.

• (3) Part IV of this Schedule applies to a person who falls within sub-paragraph (4) or (5).

• (4) A person falls within this sub-paragraph if—

• (a) he holds a licence issued as a full licence in relation to a class or certain classes of vehicles;

• (b) he is treated under section 98(2) of the Road Traffic Act 1988 as authorised by a provisional licence to drive another class or other classes of vehicles; and

• (c) he holds a test certificate which relates to that other class of vehicles or any of those other classes of vehicles.

• (4A) In relation to the holder of a Northern Ireland licence, the reference in sub-paragraph (4)(b) to section 98(2) of the Road Traffic Act 1988 is a reference to the corresponding provision under the law of Northern Ireland.

• (5) A person falls within this sub-paragraph if he holds—