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Road Traffic Act 1974

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This is the original version (as it was originally enacted).

2(1)In section 87, in subsection (1) (applicants for licences to state whether they are suffering or have suffered from relevant disabilities) after the word " suffered " there shall be inserted

(a)and at the end of the subsection there shall be added the words " or

(b)from any other disability which at the time of the application is not of such a kind that it is a relevant disability but which, by virtue of the intermittent or progressive nature of the disability or otherwise, may become a relevant disability in course of time (such disability being hereafter in this section referred to as a ' prospective disability ')."

(2)In subsection (3) of that section (cases where the Secretary of State may not refuse a licence to a person suffering from a relevant disability) in paragraph (a) after the words "relevant disability" there shall be inserted the words

which is prescribed for the purposes of this paragraph

and in paragraph (c) for the words " other than a disability " there shall be substituted the words

which is.

(3)In subsection (4) of that section (power of Secretary of State, in the case of certain disabilities, to bar a person from obtaining a licence or to limit the types of vehicle which he may drive) in paragraph (i) for the words " for the purposes of subsection (3)(c) " there shall be substituted the words

under subsection (1)

and after the words " person aforesaid" there shall be inserted the words

and if the disability is prescribed for the purposes of subsection (3)(c) above it shall be deemed not to be so prescribed in relation to him.

(4)In subsection (5) of that section (power of Secretary of State by notice to revoke a licence by reason of a relevant disability, the revocation to take effect at the expiration of a period of not less than seven nor more than thirty days beginning with the date of service of the notice) for the words from " at the expiration " to " begin with " there shall be substituted the words

with effect from such date as may be specified in the notice, not being earlier than.

(5)After subsection (5) of that section there shall be inserted the following subsection:—

(5A)If the Secretary of State is at any time satisfied on inquiry that the 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 89(1)(aa) of this Act;

and it shall be the duty of a person whose licence is revoked under this subsection to deliver up the licence to the Secretary of State forthwith after the revocation.

(6)At the end of subsection (6) of that section there shall be added the following subsection:—

(7)Without prejudice to subsection (6) above, for the purposes of subsection (3)(a) above—

(a)an applicant shall be treated as having passed a relevant test if, and on the day on which, he has passed a test of competence to drive which, under a provision of a relevant external law corresponding to subsection (2) or subsection (4) of section 85 of this Act, either is prescribed in relation to vehicles of 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, 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 the authority having power under the relevant external law to grant a licence to drive a motor vehicle shall be treated as disclosure to the Secretary of State,

and in this subsection ' relevant external law' has the meaning assigned to it in section 85(1) of this Act.

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