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Vehicle and Driving Licences Act 1969

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This is the original version (as it was originally enacted).

13Alteration of provisions as to physical fitness of drivers

For section 100 of the Act of 1960 (which imposes requirements as to the physical fitness of drivers) there shall be substituted the following section:— Requirements as to physical fitness of drivers.

100(1)An application for the grant of a licence shall include a declaration by the applicant, in such form as the Minister may require, stating whether he is suffering or has at any time (or, if a period is prescribed for the purposes of this subsection, has during that period) suffered from any prescribed disability or from any other disability likely to cause the driving of a vehicle by him in pursuance of the licence to be a source of danger to the public.

(2)If it appears from the declaration aforesaid, or if on enquiry the licensing authority are satisfied from other information, that the applicant is suffering from a relevant disability, then, subject to the following provisions of this section, the authority shall refuse to grant the licence.

(3)The licensing authority shall not by virtue of subsection (2) of this section refuse to grant a licence—

(a)on account of any relevant disability, if the applicant has at any time passed a relevant test and it does not appear to the licensing authority that the disability has arisen or become more acute since that time or was, for whatever reason, not disclosed to the appropriate licensing authority at that time ;

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

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

(4)If as a result of a test of competence to drive the licensing authority are satisfied that the person who took the test is suffering from a disability such that there is likely to be danger to the public—

(a)if he drives any vehicle ; or

(b)if he drives a vehicle other than a vehicle of a particular construction or design,

the licensing authority shall serve notice in writing to that effect on that person and shall include in the notice a description of the disability; and where a notice is served in pursuance of this subsection, then—

(i)if the notice is in pursuance of paragraph (a) of this subsection and the disability is not prescribed for the purposes of subsection (3)(c) of this section, it shall be deemed to be so prescribed in relation to the person aforesaid; and

(ii)if the notice is in pursuance of paragraph (b) of this subsection, any licence granted to that person shall be limited to vehicles of the particular construction or design specified in the notice.

(5)If the licensing authority by whom a current licence was granted are at any time satisfied on inquiry—

(a)that the licence holder is suffering from a relevant disability; and

(b)that the authority would be required by virtue of subsection (2) or subsection (4)(ii) of this section to refuse an application for the licence made by him at that time,

the authority may serve notice in writing on the licence holder revoking the licence at the expiration of a period specified in the notice which shall not be less than seven nor more than thirty days and shall begin with the date of service of the notice; and it shall be the duty of a person whose licence is revoked under this subsection to deliver up the licence to the licensing authority forthwith after the revocation.

(6)In this section—

  • " disability " includes disease;

  • " relevant disability " means such a disability as is mentioned in subsection (1) of this section; and

  • " relevant test", in relation to an application for a licence, means any such test of competence as is mentioned in section 99(1)(a) of this Act or a test as to fitness or ability in pursuance of section 100 of this Act as originally enacted, being a test authorising the grant of a licence in respect of vehicles of the classes or descriptions to which the application relates; and for the purposes of subsection (3)(a) of this section a person to whom a licence was granted after the making of a declaration under paragraph (c) of the proviso to section 5(2) of the Road Traffic Act 1930 (which contained transitional provisions with respect to certain disabilities) shall be treated as having passed, at the time of the declaration, a relevant test in respect of vehicles of the classes or descriptions to which the licence related.

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