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Road Traffic Act 1988

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  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

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Changes to legislation:

Road Traffic Act 1988, Part III is up to date with all changes known to be in force on or before 21 November 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part IIIE+W+S+N.I. Licensing of drivers of vehicles

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1Pt. III (ss. 87–109) excluded by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), s. 37(3)

C2Pt. III (ss. 87–109) restricted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(6), Sch. 1 para. 6(5)

Pt. III (ss. 87-109) restricted (1.6.1997) by 1995 c. 13, ss. 4(1), 6, Sch. 1 Pt. III para. 6(1), Pt. IV para. 9(1) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

Pt. III (ss. 87-109) extended (1.6.1997) by 1995 c. 13, s. 5(7) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

Pt. III (ss. 87-109) applied (1.6.1997) by 1995 c. 13, s. 9(1) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

Requirement to hold licenceE+W+S

87 Drivers of motor vehicles to have driving licences.E+W+S

(1)It is an offence for a person to drive on a road a motor vehicle of any class [F1otherwise than in accordance with] a licence authorising him to drive a motor vehicle of that class.

(2)It is an offence for a person to cause or permit another person to drive on a road a motor vehicle of any class [F2otherwise than in accordance with a licence authorising that other person] to drive a motor vehicle of that class.

F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 87(1) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 17(1); S.I. 1992/1286, art. 2,Sch.

F2Words in s. 87(2) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 17(2); S.I. 1992/1286, art. 2,Sch.

Modifications etc. (not altering text)

C6S. 87 applied (with modifications) (1.7.1992) by S.I. 1992/1217, regs. 8, 11

88 Exceptions.E+W+S

(1)Notwithstanding section 87 of this Act, a person may drive or cause or permit another person to drive a vehicle of any class [F4at any time] if—

[F5(a)the driver has held—

(i)a licence under this Part of this Act to drive vehicles of that or a corresponding class, or

[F6(ia)[F7an] [F7EU] licence to drive vehicles of that or a corresponding class, or]

(ii)a Northern Ireland licence to drive vehicles of that or a corresponding class, or

(iii)a British external licence or British Forces licence to drive vehicles of that or a corresponding class, or

(iv)an exchangeable licence to drive vehicles of that or a corresponding class, and

(b)either—

(i)a qualifying application by the driver for the grant of a licence to drive vehicles of that class for a period which includes that time has been received by the Secretary of State, or

[F8(ii)a licence to drive vehicles of that class granted to him has been revoked or surrendered in pursuance of section 99(2A), (3) or (4) of this Act otherwise than by reason of a current disqualification or of its having been granted in error and he has complied with any requirements imposed on him under section 99(7B) of this Act, and]]

(c)any conditions which by virtue of section 97(3) or 98(2) of this Act apply to the driving under the authority of the licence of vehicles of that class are complied with.

[F9(1A)An application for the grant of a licence to drive vehicles of any class is a qualifying application for the purposes of subsection (1)(b)(i) above if—

(a)the requirements of paragraphs (a), (b) so far as it relates to initial evidence and (c) of section 97(1) of this Act have been satisfied;

(b)the applicant—

(i)is not subject to a current disqualification which is relevant to the licence he applies for, and

(ii)is not prevented from obtaining it by section 89 of this Act [F10or [F11section 4 of or paragraph 6 or 9] of Schedule 1 to the Road Traffic (New Drivers) Act 1995]; and

(c)the declaration made in pursuance of section 92(1) of this Act indicates that he is not suffering from a relevant disability.]

[F9(1B)A disqualification is relevant to a licence for which a person makes an application if—

(a)in the case of an application made by virtue of any provision of subsection (1)(a) above, the disqualification subsists under or by virtue of any provision of the Road Traffic Acts [F12or Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003] and relates to vehicles of the class to which his application relates;

[F13(aa)in the case of an application made by virtue of subsection (1)(a)(ia) above, the disqualification subsists under or by virtue of any provision of the law of an EEA State (other than the United Kingdom) and relates to vehicles of the class, or of a class corresponding to the class, to which his application relates;]

(b)in the case of an application made by virtue of subsection (1)(a)(ii) above, the disqualification subsists under or by virtue of any provision of the law of Northern Ireland and relates to vehicles of the class, or of a class corresponding to the class, to which his application relates;

(c)in the case of an application made by virtue of subsection (1)(a)(iii) above, the disqualification subsists under or by virtue of any provision of the relevant external law or, as the case may be, is a disqualification for holding or obtaining a British Forces licence and relates to vehicles of the class, or of a class corresponding to the class, to which his application relates; and

(d)in the case of an application made by virtue of subsection (1)(a)(iv) above, the disqualification subsists under or by virtue of any provision of the law of the F14. . . country or territory under which the licence which he held was granted and relates to vehicles of the class, or of a class corresponding to the class, to which his application relates;

but a disqualification which does not prevent the person disqualified from obtaining a provisional licence or, as the case may be, a licence corresponding to a provisional licence is relevant to a full licence but not to a provisional licence.]

(2)The benefit of subsection (1) above does not extend—

(a)beyond the date when a licence is granted in pursuance of the application mentioned in subsection (1)(b) above or (as the case may be) in pursuance of section 99(7) [F15or (7A)] of this Act in consequence of the revocation or surrender so mentioned, or

(b)in a case where a licence is not in fact so granted, beyond the expiration of the period of one year or such shorter period as may be prescribed, beginning on the date of the application or (as the case may be) the revocation or surrender mentioned in subsection (1)(b) above [F16, or]

[F16(c)in a case where a licence is refused under section 92(3) of this Act, beyond the day on which the applicant receives notice of the refusal.]

[F17(2A)Subsection (1) above does not apply by virtue of an application mentioned in paragraph (b) of that subsection having been received by the Secretary of State if—

(a)the application was made as a result of, or in anticipation of, the expiry of a disqualification relevant to the licence applied for,

(b)either the nature of the disqualification or its imposition within a particular period after an earlier disqualification amounted to circumstances prescribed under subsection (4) of section 94 of this Act (disqualification: high risk offenders), and

(c)the Secretary of State has notified the applicant that, because of that, he will be subject to a requirement under paragraph (a) or (b) of subsection (5) of that section.]

(3)The Secretary of State may by regulations provide that subsection (1) above shall also apply (where the requirements of that subsection are otherwise met) in the case of a person who has not previously held a licence to drive vehicles of the relevant class.

(4)Regulations made by virtue of subsection (3) above shall, if not previously revoked, expire at the end of the period of one year beginning with the day on which they came into operation.

(5)Regulations may provide that a person who becomes resident in Great Britain shall, during the prescribed period after he becomes so resident, be treated for the purposes of section 87 of this Act as the holder of a licence authorising him to drive motor vehicles of the prescribed classes if—

(a)he satisfies the prescribed conditions, and

(b)he is the holder of a permit of the prescribed description authorising him to drive vehicles under the law of a country outside the United Kingdom.

(6)Regulations made by virtue of subsection (5) above may provide for the application of any enactment relating to licences F18... or licence holders, with or without modifications, in relation to any such permit and its holder respectively.

(7)Notwithstanding section 87 of this Act—

(a)a person who is not the holder of a licence may act as steersman of a motor vehicle, being a vehicle on which a speed limit of five miles per hour or less is imposed by or under section 86 of the M1Road Traffic Regulation Act 1984, under the orders of another person engaged in the driving of the vehicle who

[F19(i)is licensed in that behalf in accordance with the requirements of this Part and Part IV of this Act, or

(ii)is authorised by virtue of section 99A(1) of this Act to drive in Great Britain such a motor vehicle, and]

(b)a person may cause or permit another person who is not the holder of a licence so to act.

[F20(8)In this Part of this Act—

  • British external licence” means a licence granted in the Isle of Man or any of the Channel Islands under the relevant external law;

  • British Forces licence” means a licence granted in the Federal Republic of Germany by the British authorities to members of the British Forces or of the civilian components of those Forces of their dependants; and

  • relevant external law” means the law for the time being in force in the Isle of Man or any of the Channel Islands which corresponds to this Part of this Act.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4Words in s. 88(1) inserted (8.11.2006) by Road Safety Act 2006 (c. 49), ss. 58(1), 61(9)

F6S. 88(1)(a)(ia) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 1(2)

F8S. 88(1)(b)(ii) substituted (1.7.1998) by S.I. 1998/1420, reg. 3(2)

F10Words in s. 88(1A)(b)(ii) inserted (1.6.1997) by 1995 c. 13, s. 10(4), Sch. 2 para. 2(2)(a) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

F12Words in s. 88(1B)(a) inserted (28.1.2010) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 18(b); S.I. 2008/3009, art. 2; London Gazette issue no. 59317 dated 26.1.2010, p. 1229; Edinburgh Gazette issue no. 26739 dated 26.1.2010, p. 244; Belfast Gazette issue no. 7156 dated 22.1.2010, p. 33

F13S. 88(1B)(aa) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 1(3)(a)

F14Words in s. 88(1B)(d) omitted (23.7.1996 for specified purposes and otherwise 1.1.1997) by virtue of S.I. 1996/1974, reg. 2, Sch. 1 para. 1(3)(b)

F15Words in s. 88(2)(a) inserted (1.7.1998) by S.I. 1998/1420, reg. 3(3)

F19S. 88(7)(a)(i)(ii) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) for words in s. 88(7)(a) by S.I. 1996/1974, reg. 2, Sch. 1 para. 1(4)

Modifications etc. (not altering text)

Marginal Citations

TestsE+W+S

89 Tests of competence to drive.E+W+S

(1)A licence authorising the driving of motor vehicles of any class shall not be granted to any person unless he F21[F22... satisfies the Secretary of State]

[F23(a)that at some time during the period of two years ending with the date the application is made but not earlier than the appointed day he has passed—

(i)the test of competence to drive prescribed by virtue of subsection (3) below, or

(ii)a Northern Ireland test of competence to drive which corresponds to such a test, or

(iii)a test of competence which under subsection (6) below is a sufficient test;

F24. . . or

(b)that at some time not earlier than the appointed day he has held—

(i)a full licence authorising the driving of vehicles of that class, or

(ii)a full Northern Ireland licence authorising the driving of vehicles of that or a corresponding class;

or that, if it is available to him, he satisfies the alternative requirement of section 89A of this Act; or

(c)that at some time during the period of two years ending with the date the application is made he has passed a test of competence to drive vehicles of that or a corresponding class F25. . . for the purpose of obtaining a British Forces licence; or

(d)that at some time not earlier than the appointed day he has held a full British external licence or a full British Forces licence to drive vehicles of that or a corresponding class F24. . . ; or

(e)that at some time during the period of two years ending with the date the application is made he has passed a test of competence to drive vehicles of that or a corresponding class conducted under the law F26. . . of Gibraltar F27. . .; or

[F28(ea)that either at the time of the application for the licence he holds [F7an] [F7EU] licence authorising the driving of vehicles of that or a corresponding class or at some time he has held such [F7an] [F7EU] licence ; or]]

[F29(f)that, at the time of the application for the licence, he holds an exchangeable licence authorising the driving of vehicles of that or a corresponding class.]

This subsection is subject to the provisions of this Part of this Act as to provisional licences and to the provisions of any regulations made by virtue of section 105(2)(f) of this Act.

F30(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F31(2)For the purposes of subsection (1) above—

[F32(a)a licence which has been revoked under section 99(3) of this Act or under any corresponding provision of—

(i)the law of Northern Ireland,

(ii)the relevant external law, or

(iii)the law of an EEA State other than the United Kingdom,

as a licence granted in error shall be disregarded for the purposes of paragraph (b), (d) or (ea) (as the case may be) of that subsection;]]

F33(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a British external licence to drive any class of goods vehicle or any class of passenger-carrying vehicle is to be disregarded for the purposes of paragraph (d) of that subsection unless the Secretary of State, by order made by statutory instrument, designates the relevant external law under which it is granted as one which makes satisfactory provision for the granting of such licences.

[F34(2A)Except as provided under subsection (5A) below, no person submitting himself for a test of competence to drive a motor bicycle shall be permitted to take the test unless he furnishes the prescribed certificate of completion by him of an approved training course for motor cyclists either with his application for an appointment for a test or to the person who is to conduct the test.]

(3)Regulations may make provision with respect to—

(a)the nature of tests of competence to drive for the purposes of this section [F35and section 36 of the Road Traffic Offenders Act 1988 (disqualification) [F36and the administrative arrangements for submitting for such tests],]

(b)the qualifications, selection and appointment of persons by whom they may be conducted [F37, conditions which must be satisfied during the currency of an appointment, the charging of reasonable fees in respect of applications for appointment or appointments or in connection with any examination or assessment which may be required before appointment or during the currency of any appointment] and the revocation of any appointment,

[F38(ba)the duty of a person submitting himself for a test to produce, and in prescribed circumstances surrender, any licence previously granted to him,]

(c)evidence of the results of such tests,

and generally with respect to such tests.

(4)[F39Regulations under subsection (3)(a) above may in particular] provide—

(a)for requiring a person submitting himself for a test to provide [F40a safe and suitable vehicle] for the purposes of the test [F41and for requiring that, if the vehicle is a vehicle of a prescribed description, it has been certified in the prescribed manner after a prescribed inspection as satisfying such requirements as may be prescribed,]

[F42(aa)for requiring a person submitting himself for a test to have been [F43normally and lawfully resident in Great Britain or the United Kingdom (within the meaning of section 97A)] for such period ending on the date of his appointment for the test as may be prescribed,]

[F44(b)for the charging (whether on the making of an appointment for a test or otherwise) of reasonable fees for or in connection with the test and any inspection of a vehicle required by regulations under paragraph (a) above in relation to the test,]

(c)for ensuring that a person submitting himself for a test and failing to pass that test shall not be eligible to submit himself for another test by the same or any other person before the expiration of a period specified in the regulations, except under an order made by a court or sheriff under the power conferred by section 90 of this Act,

and different regulations may be made with respect to tests of competence to drive different classes of vehicles.

(5)If regulations make provision for a test of competence to drive to consist of separate parts, they may make for each part—

(a)any provision that could be made for a test not consisting of separate parts, F45. . .

(b)F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F46(5ZA)Regulations under subsection (3)(b) above may in particular provide—

(a)for the supply by the Secretary of State to persons by whom tests of competence to drive, or parts of such tests, may be conducted of forms for certificates evidencing the results of such tests or parts of such tests, and

(b)for the charging of reasonable fees in respect of the exercise of any function conferred or imposed on the Secretary of State by the regulations.]

[F47(5A)Regulations may prescribe cases in which persons are exempt from the requirement imposed by subsection (2A) above; and the regulations may—

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

(b)limit the exemption to a prescribed period;

(c)attach conditions to the exemption; and

(d)regulate applications for, and the issue and form of, certificates evidencing a person’s exemption from that requirement.]

(6) For the purposes of subsection [F48(1)(a)(iii) above F24. . . ], a test of competence shall be sufficient for the granting of a licence authorising the driving of—

(a)vehicles of any class, if at the time the test was passed it authorised the granting of a licence to drive vehicles of that class,

(b)vehicles of [F49all] classes which are designated by regulations as a group for the purposes of subsection (1)(a) above, if at the time the test was passed it authorised the granting of a licence to drive vehicles of any class included in the group [F50, and]

[F50(c)vehicles of all classes included in another such group, if a person passing the test is treated by virtue of regulations made for the purposes of this paragraph as competent also to drive vehicles of a class included in that other group.]

(7)If vehicles of any classes are designated by regulations as a group for the purposes of subsection (1)(b) above, a licence authorising the driving of vehicles of a class included in the group shall be deemed for the purposes of subsection [F51(1)(b)(i) above or section 89A(4)(a) below to authorise the driving of—

(a)vehicles of all classes included in the group [F52(except where regulations otherwise provide)], and

(b)vehicles of all classes included in another such group, if a person holding the licence is treated by virtue of regulations as competent also to drive vehicles of a class included in that other group].

The reference in this subsection to a licence does not include a licence which has been revoked in pursuance of section 99(3) of this Act.

(8)For the purposes of this section and section 88(1) of this Act, an exchangeable licence issued in respect of a F53. . ., country or territory shall not be treated as authorising a person to drive a vehicle of any [F54class] if—

(a)the licence is not for the time being valid for that purpose, or

(b)it was issued in respect of that [F54class] for a purpose corresponding to that mentioned in section 97(2) of this Act.

[F55(9)A test of competence falling within paragraphs (a)(ii), (c) or (e) of subsection (1) above shall be sufficient for the granting of a licence authorising the driving of—

(a)vehicles of all classes designated by regulations as a group for the purposes of subsection (1)(a) above, if [F56(except where regulations otherwise provide)] at the time the test was passed it authorised the granting of a licence to drive vehicles of any class included in the group, or of any class corresponding to a class included in the group, and

(b)vehicles of all classes included in another such group, if a person passing a test of competence authorising the granting of a licence to drive vehicles of a class included in the group mentioned in paragraph (a) above is treated by virtue of regulations as competent also to drive vehicles of a class included in that other group.

(10)A full Northern Ireland licence, a full British external licence, a full British Forces licence [F57, [F7an] [F7EU] licence] or an exchangeable licence shall be treated for the purposes of paragraphs (b)(ii), (d) [F58, (ea)] or (f) (as the case may be) of subsection (1) above as authorising the driving of—

(a)[F59(except where regulations otherwise provide)] vehicles of all classes designated by regulations as a group for the purposes of subsection (1)(b) above, if the licence authorises the driving of vehicles of any class included in the group, or any class corresponding to a class included in the group, and

(b)vehicles of all classes included in another such group, if by virtue of regulations a person holding a licence authorising him to drive vehicles of any class included in the group mentioned in paragraph (a) above is treated as competent also to drive vehicles of a class included in that other group.

(11)F60. . . In this section and section 89A “the appointed day” means the day appointed for the coming into force of section 1 of the Road Traffic (Driver Licensing and Information Systems) Act 1989.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F21Words in s. 89(1) omitted (14.7.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 63(a); S.I. 2014/1820, art. 2(g)

F22Words in s. 89(1) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 2(2)(a)

F23S. 89(a)–(f) substituted (1.4.1991) for paras. (a)–(d) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 4(1)(2)

F24Words in s. 89(1)(a)(d)(6) repealed (8.11.2006) by Road Safety Act 2006 (c. 49), ss. 59, 61, Sch. 7(19)

F25Words in s. 89(1)(c) omitted (23.7.1996 for specified purposes and otherwise 1.1.1997) by virtue of S.I. 1996/1974, reg. 2, Sch. 1 para. 2(2)(b)

F26Words in s. 89(1)(e) omitted (23.7.1996 for specified purposes and otherwise 1.1.1997) by virtue of S.I. 1996/1974, reg. 2, Sch. 1 para. 2(2)(c)(i)

F27Words in s. 89(1)(e) omitted (23.7.1996 for specified purposes and otherwise 1.1.1997) by virtue of S.I. 1996/1974, reg. 2, Sch. 1 para. 2(2)(c)(ii)

F28S. 89(1)(ea) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 2(2)(d)

F29S. 89(1)(f) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 2(2)(e)

F32S. 89(2)(a) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 2(4)(a)

F33S. 89(2)(b) omitted (23.7.1996 for specified purposes and otherwise 1.1.1997) by virtue of S.I. 1996/1974, reg. 2, Sch. 1 para. 2(4)(b)

F36Words in s. 89(3)(a) inserted (27.2.2007) by Road Safety Act 2006 (c. 49), ss. 36(2)(a), 61; S.I. 2007/237, art. 2(a)

F37Words in s. 89(3)(b) inserted (27.2.2007) by Road Safety Act 2006 (c. 49), ss. 36(2)(b), 61; S.I. 2007/237, art. 2(a)

F38S. 89(3)(ba) inserted (27.2.2007) by Road Safety Act 2006 (c. 49), ss. 36(2)(c), 61; S.I. 2007/237, art. 2(b)

F39Words in s. 89(4) substituted (27.2.2007) by Road Safety Act 2006 (c. 49), ss. 36(3)(a), 61; S.I. 2007/237, art. 2(b)

F40Words in s. 89(4)(a) substituted (27.2.2007) by Road Safety Act 2006 (c. 49), ss. 36(3)(b), 61; S.I. 2007/237, art. 2(b)

F41Words in s. 89(4)(a) substituted (27.2.2007) by Road Safety Act 2006 (c. 49), ss. 36(3)(c), 61; S.I. 2007/237, art. 2(b)

F42S. 89(4)(aa) inserted (23.7.1996) by S.I. 1996/1974, reg. 2, Sch. 1 para. 2(5)

F43Words in s. 89(4)(aa) substituted (14.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 63(c); S.I. 2014/1820, art. 2(g)

F44S. 89(4)(b) substituted (27.2.2007) by Road Safety Act 2006 (c. 49), ss. 36(3)(d), 61; S.I. 2007/237, art. 2(b)

F45S. 89(5)(b) and preceding word repealed (27.2.2007) by Road Safety Act 2006 (c. 49), ss. 36(4), 59, 61, Sch. 7(9); S.I. 2007/237, art. 2(b)

F46S. 89(5ZA) inserted (27.2.2007) by Road Safety Act 2006 (c. 49), ss. 36(5), 61; S.I. 2007/237, art. 2(b)

F51Words in s. 89(7)(including paras. (a) and (b)) substituted (1.4.1991) for words by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 8(c)

F52Words in s. 89(7)(a) inserted (23.7.1996) by S.I. 1996/1974, reg. 2, Sch. 1 para. 2(6)

F53Words in s. 89(8) omitted (23.7.1996 for specified purposes and otherwise 1.1.1997) by virtue of S.I. 1996/1974, reg. 2, Sch. 1 para. 2(7)

F56Words in s. 89(9)(a) inserted (23.7.1996) by S.I. 1996/1974, reg. 2, Sch. 1 para. 2(8)

F57Words in s. 89(10) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 2(9)(a)

F58Words in s. 89(10) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 2(9)(b)

F59Words in s. 89(10)(a) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 2(9)(c)

F60Words in s. 89(11) omitted (23.7.1996 for specified purposes otherwise 1.1.1997) by virtue of S.I. 1996/1974, reg. 2, Sch. 1 para. 2(10)

Modifications etc. (not altering text)

C9S. 89(2A) excluded by S.I. 1987/1378, regs. 23E(2)(4), 23F, 23G(1) (as inserted by S.I. 1990/2334, reg. 4)

[F6189A The alternative requirements to those in section 89.E+W+S

(1)The alternative requirements referred to in section 89(1) of this Act are the following.

(2)F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The requirement which is alternative to that specified in section 89(1)(b) on an application by a person for a licence authorising the driving of motor vehicles of any class other than any class of goods vehicle or passenger-carrying vehicle prescribed for the purposes of subsection (5) below is that at some time before the appointed day but not earlier than 1st January 1976 he has held—

(a)a full licence authorising the driving of vehicles of a class corresponding to the class of motor vehicle to which his application relates, or

(b)a full Northern Ireland licence authorising the driving of vehicles of a class corresponding to the class of motor vehicle to which his application relates.

(5)The requirement which is alternative to that specified in section 89(1)(b) on an application by a person for a licence authorising the driving of any class of goods vehicle or passenger-carrying vehicle prescribed for the purposes of this subsection is that at some time before the appointed day but not earlier than the beginning of the period of five years ending with the appointed day he has held—

(a)a full heavy goods vehicle or a public service vehicle driver’s licence authorising the driving of vehicles of a class corresponding to the class of vehicle to which his application relates, or

(b)a full Northern Ireland licence to drive heavy goods vehicles of a class corresponding to the class of vehicle to which his application relates or a Northern Ireland licence to drive public service vehicles of a class corresponding to the class of vehicle to which his application relates.

(6)F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In this section “heavy goods vehicle” and “public service vehicle” have the same meaning as they had for the purposes of Part IV of this Act or section 22 of the Public Passenger Vehicles Act M21981 before their repeal by section 1 of the Road Traffic (Driver Licensing and Information Systems) Act 1989.]

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Amendments (Textual)

F62S. 89A(2)(3)(6) repealed (8.11.2006) by Road Safety Act 2006 (c. 49), ss. 59, 61, Sch. 7(19)

Marginal Citations

M21981 c.14 (107:1).

90 Review of conduct of test.E+W+S

(1)On the application of a person who has submitted himself for a test of competence to drive—

(a)a magistrates’ court F63. . . , or

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

may determine whether the test was properly conducted in accordance with regulations.

(2)The court or, as the case may be, sheriff may, if it appears that the test was not so conducted—

(a)order that the applicant shall be eligible to submit himself for another test before the expiration of the period specified for the purposes of section 89(4)(c) of this Act, and

(b)order that any fee payable by the applicant in respect of the test shall not be paid or, if it has been paid, shall be repaid.

(3)If regulations make provision for a test of competence to drive to consist of separate parts, this section applies in relation to each part as well as in relation to the whole of the test.

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Amendments (Textual)

F63Words in s. 90(1)(a) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 306, Sch. 10; S.I. 2005/910, art. 3

91 Repayment of test fees.E+W+S

[F64The whole or any part of a fee] paid in pursuance of regulations made by virtue of section 89(4) of this Act on application for an appointment for a test may be repaid in the following cases and not otherwise—

(a)if no such appointment is made, or an appointment made is subsequently cancelled by or on behalf of the Secretary of State,

(b)if the person for whom the appointment is made gives such notice cancelling the appointment as may be prescribed for the purposes of this paragraph by regulations,

(c)if the person for whom the appointment is made keeps the appointment, but the test does not take place, or is not completed, for reasons attributable neither to him nor to any vehicle provided by him for the purposes of the test, or

(d)if an order for the repayment of the fee is made by the court or, as the case may be, sheriff under section 90 of this Act pursuant to a finding that the test was not properly conducted in accordance with the regulations.

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Amendments (Textual)

F64Words in s. 91 substituted (27.2.2007) by Road Safety Act 2006 (c. 91), ss. 36(6), 61; S.I. 2007/237, art. 2(b)

Physical fitnessE+W+S

92 Requirements as to physical fitness of drivers.E+W+S

(1)An application for the grant of a licence must include a declaration by the applicant, in such form as the Secretary of State 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 relevant disability or any prospective disability.

(2)In this Part of this Act—

  • disability” includes disease [F65and the persistent misuse of drugs or alcohol, whether or not such misuse amounts to dependency],

  • relevant disability” in relation to any person means—

    (a)

    any prescribed disability, and

    (b)

    any other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public, and

  • prospective disability” in relation to any person means any other disability which—

    (a)

    at the time of the application for the grant of a licence or, as the case may be, the material time for the purposes of the provision in which the expression is used, is not of such a kind that it is a relevant disability, but

    (b)

    by virtue of the intermittent or progressive nature of the disability or otherwise, may become a relevant disability in course of time.

(3)If it appears from the applicant’s declaration, or if on inquiry the Secretary of State is satisfied from other information, that the applicant is suffering from a relevant disability, the Secretary of State must, subject to the following provisions of this section, refuse to grant the licence.

(4)The Secretary of State must not by virtue of subsection (3) above refuse to grant a licence—

(a)on account of any relevant disability which is prescribed for the purposes of this paragraph, if the applicant has at any time passed a relevant test and it does not appear to the Secretary of State that the disability has arisen or become more acute since that time or was, for whatever reason, not disclosed to the Secretary of State 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 which is prescribed for the purposes of this paragraph, if the application is for a provisional licence.

(5)Where as a result of a test of competence to drive [F66or of information obtained under the relevant powers] the Secretary of State is satisfied that the person who took the test [F66or in relation to whom the information was obtained] is suffering from a disability such that there is likely to be a danger to the public—

(a)if he drives any vehicle, F67. . .

(b)if he drives a vehicle other than a vehicle of a particular [F68class],

[F69or

F69(c)if he drives a vehicle except in accordance with particular conditions,]

the Secretary of State must serve notice in writing to that effect on that person and must include in the notice a description of the disability.

(6)Where a notice is served in pursuance of subsection (5)(a) above, then—

(a)if the disability is not prescribed under subsection (2) above, it shall be deemed to be so prescribed in relation to the person [F70on whom the notice is served], and

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

[F71(7)Where a notice is served in pursuance of subsection (5)(b) above, the Secretary of State may—

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

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

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

F71(7ZA)Where a notice is served in pursuance of subsection (5)(c) above, the Secretary of State may—

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

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

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

F71(7ZB)A person complies with this subsection if—

(a)he surrenders the existing licence F72..., and

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

F71(7A)If he considers it appropriate to do so, the Secretary of State may, after serving a notice under any of the paragraphs of subsection (5) above, serve a further notice under that paragraph or a notice under another of those paragraphs; and on his serving the later notice the notice previously served shall cease to have effect and any licence previously granted in accordance with it shall be revoked by the later notice.]

F73[(7B)In subsection (5) above the references to a test of competence to drive and to information obtained under the relevant power are references respectively to a test of competence prescribed for the purposes of section 89 or so much of such a test as is required to be taken in pursuance of section 94(5)(c) of this Act and to information obtained in pursuance of section 94(5)(a) or (b) of this Act.

(7C)A person whose licence is revoked by virtue of subsection (7A) above must deliver the licence F72... to the Secretary of State forthwith after the revocation and a person who, without reasonable excuse, fails to do so is guilty of an offence.]

F74[(7D)In subsection (7B) above the references to section 94 of this Act include references to that section as applied by section 99D [F75or 109C] of this Act.]

(8)In this section “relevant test”, in relation to an application for a licence, means any such test of competence as is mentioned in section 89 of this Act or a test as to fitness or ability in pursuance of section 100 of the M3Road Traffic Act 1960 as originally enacted, being a test authorising the grant of a licence in respect of vehicles of the classes to which the application relates.

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

[F76(a)an applicant shall be treated as having passed a relevant test if, and on the day on which, he passed a test of competence to drive which—

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

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

(b)in the case of an applicant who is treated as having passed a relevant test by virtue of paragraph (a) above, disclosure of a disability to [F77his licensing authority] shall be treated as disclosure to the Secretary of State.

F78. . .

F79[(10)A person who holds a licence authorising him to drive a motor vehicle of any class and who drives a motor vehicle of that class on a road is guilty of an offence if the declaration included in accordance with subsection (1) above in the application on which the licence was granted was one which he knew to be false.]

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Amendments (Textual)

F65Words in the definition of “disability" in s. 92(2) inserted (23.7.1996) by S.I. 1996/1974, reg. 2, Sch. 1 para. 3(2)

F67Word in s. 92(5)(a) repealed (1.7.1998) by S.I. 1998/1420, reg. 17, Sch.

F69S. 92(5)(c) and the word “or" immediately preceding it inserted (1.7.1998) by S.I. 1998/1420, reg. 4(2)

F70Words in s. 92(6)(a) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 3(3)

F71S. 92(7)-(7A) substituted (1.7.1998) for s. 92(7)(7A) by S.I. 1998/1420, reg. 4(3)

F72Words in s. 93(7ZB)(a)(7C) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 4, Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)

F74S. 92(7D) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 3(5)

Modifications etc. (not altering text)

Marginal Citations

93 Revocation of licence because of disability or prospective disability.E+W+S

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

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

(b)that the Secretary of State would be required by virtue of section 92(3) F80. . . of this Act to refuse an application for the licence made by him at that time,

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

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

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

(b)on receipt of the licence so revoked F81... and of an application made for the purposes of this subsection, grant to the licence holder, free of charge, a new licence for a period determined by the Secretary of State under section 99(1)(b) of this Act.

[F82(2A)The Secretary of State may require a person to provide—

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

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

before granting a licence to him on an application made for the purposes of subsection (2) above [F83or subsection (6) below].]

(3)A person whose licence is revoked under subsection (1) or (2) above must deliver up the licence F81... to the Secretary of State forthwith after the revocation [F84and a person who, without reasonable excuse, fails to do so is guilty of an offence.]

(4)Where a person whose licence is revoked under subsection (1) or (2) above—

(a)is not in possession of his licence F85... in consequence of the fact that he has surrendered [F86it] to a constable or authorised person (within the meaning of Part III of the M4Road Traffic Offenders Act 1988) on receiving a fixed penalty notice given to him under section 54 of that Act but

(b)delivers [F87it] to the Secretary of State immediately on [F88its] return,

he is not in breach of the duty under subsection (3) above.

[F89(5)Where the Secretary of State—

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

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

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

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

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Amendments (Textual)

F80Words in s. 93(1)(b) omitted (23.7.1996 for specified purposes otherwise 1.1.1997) by virtue of S.I. 1996/1974, reg. 2, Sch. 1 para. 4

F81Words in s. 93(2)(b)(3) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 5(2), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)

F82S. 93(2A) inserted (1.7.1998) by S.I. 1998/1420, reg. 5

Marginal Citations

94 Provision of information, etc. relating to disabilities.E+W+S

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

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

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

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

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

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

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

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

F90[(3A)A person who holds a licence authorising him to drive a motor vehicle of any class and who drives a motor vehicle of that class on a road is guilty of an offence if at any earlier time while the licence was in force he was required by subsection (1) above to notify the Secretary of State but has failed without reasonable excuse to do so.]

(4)If [F91the prescribed circumstances obtain in relation to a person who is an applicant for, or the holder of, a licence of if] the Secretary of State has reasonable grounds for believing that a person who is an applicant for, or the holder of, a licence may be suffering from a relevant or prospective disability, subsection (5) below applies for the purpose of enabling the Secretary of State to satisfy himself whether or not [F92that person may be suffering from that or any other relevant or prospective disability].

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

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

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

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

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

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

(c)except where the application is for, or the licence held is, a provisional licence, require him to submit himself for [F93such a test of competence to drive as the Secretary of State directs in the notice.]

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

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

(b)shall authorise any registered medical practitioner who may at any time have given medical advice or attention to the applicant or licence holder concerned to release to the Secretary of State any information which he may have, or which may be available to him, with respect to the question whether, and if so to what extent, the applicant or licence holder concerned may be suffering, or may at any time have suffered, from a relevant or prospective disability.

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

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

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

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

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

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

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

(9)[F94Except where the requirement is made in the circumstances prescribed for the purposes of subsection (5) above, it shall be for the Secretary of State (and not for any other person) to]defray any fees or other reasonable expenses of a registered medical practitioner in connection with—

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

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

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Amendments (Textual)

Modifications etc. (not altering text)

[F9594A Driving after refusal or revocation of licence.E+W+S

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

F96(a)at any earlier time the Secretary of State—

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

(ii)has under [F97section 93] of this Act revoked such a licence, or

(iii)has served notice on that person in pursuance of section 99C(1) or (2) [F98or 109B] of this Act requiring him to deliver to the Secretary of State [F7an] [F7EU] licence [F99or Northern Ireland licence] authorising him to drive a motor vehicle of that or a corresponding class, and

F96(b)since that earlier time he has not been granted—

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

(ii)[F7an] [F7EU] licence [F100or Northern Ireland licence],

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

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

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Amendments (Textual)

F96S. 94A(1)(a)(b) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 5(2)

Modifications etc. (not altering text)

95 Notification of refusal of insurance on grounds of health.E+W+S

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

[F101(2)“Authorised insurer” means an insurer who is a member of the Motor Insurers Bureau (a company limited by guarantee and incorporated under the Companies Act 1929 on 14th June 1946).

(3)“Insurer” means—

(a)a person who has permission under [F102Part 4A] of the Financial Services and Markets Act 2000 to effect or carry out relevant contracts of insurance, or

(b)an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out relevant contracts of insurance.

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

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

(b)land vehicles;

(c)goods in transit; or

(d)motor vehicle liability.

(5)This section must be read with—

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

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

(c)Schedule 2 to that Act.]

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Amendments (Textual)

F101S. 95(2)-(5) substituted (1.12.2001) for s. 95(2) by S.I. 2001/3649, arts. 1, 312

F102Words in s. 95(3)(a) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 60 (with Sch. 20); S.I. 2013/423, art. 3, Sch.

96 Driving with uncorrected defective eyesight.E+W+S

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

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

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

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Modifications etc. (not altering text)

Granting of licences, their form and durationE+W+S

97 Grant of licences.E+W+S

(1)Subject to [F103the following provisions of this section] and section 92 of this Act [F104and, in the case of licences to drive large goods vehicles or passenger-carrying vehicles, to Part IV of this Act], the Secretary of State must F105. . . grant a licence to a person who [F106meets the relevant residence requirement (see section 97A) and]

(a)makes an application for it in such manner and containing such particulars as the Secretary of State may specify [F107and pays the fee (if any) which is prescribed],

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

F108[(c)surrenders to the Secretary of State—

(i)any previous licence granted to him after 1st January 1976 F109...,

[F110(ia)any Northern Ireland licence held by him together with its Northern Ireland counterpart [F111(if any)],]

(ii)any [F7EU] licence F112..., and

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

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

(d)is not , F113...

[F114(i)in accordance with section 88(1B) of this Act, subject to a current disqualification which is relevant to the licence he applies for] [F115or

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

[F116(e)is not prevented from obtaining [F117the licence] by the provisions of section 89 of this Act [F118or [F119section 4 of or paragraph 6 or 9] of Schedule 1 to the Road Traffic (New Drivers) Act 1995].]

[F120(1A)Where any licence to be granted to an applicant would be in the form of a photocard, the Secretary of State may under subsection (1)(a) and (b) above in particular require him to provide a photograph which is a current likeness of him.]

[F121(1AA)Where a licence under this Part of this Act is granted to a person who surrenders under sub-paragraph (ia) of subsection (1)(c) above his Northern Ireland licence together with the [F122counterpart (if any)] to the Secretary of State—

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

(b)the Secretary of State must send the Northern Ireland licence and its Northern Ireland counterpart [F123(if any)] to the licensing authority in Northern Ireland together with particulars of the class of motor vehicles to which the licence granted under this Part of this Act relates.]

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

(3)A provisional licence—

(a)shall be granted subject to prescribed conditions,

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

(c)may, in the case of a person appearing to the Secretary of State to be suffering from a relevant disability or a prospective disability, be restricted so as to authorise only the driving of vehicles of a particular construction or design specified in the licence, F124. . .

F125(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F126(e)except as provided under subsection (3B) below, shall not authorise a person, before he has passed a test of competence to drive, to drive on a road a motor bicycle [F127or moped] except where he has successfully completed an approved training course for motor cyclists or is undergoing training on such a course and is driving the motor [F128bicycle][F127or moped] on the road as part of the training.]

[F129(3A)Regulations may make provision as respects the training in the driving of motor bicycles [F130and mopeds] of persons wishing to obtain licences authorising the driving of such motor [F131bicycles][F130and mopeds] by means of courses of training provided in accordance with the regulations; and the regulations may in particular make provision with respect to—

(a)the nature of the courses of training;

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

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

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

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

and different provision may be made for training in different classes of motor [F131bicycles][F130and mopeds].

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

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

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

(c)attach conditions to the exemption; and

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

(4)Regulations may authorise or require the Secretary of State to refuse a provisional licence authorising the driving of a motor [F132bicycle][F133or moped] of a prescribed class if the applicant has held such a provisional licence and the licence applied for would come into force within the prescribed period—

(a)beginning at the end of the period for which the previous licence authorised (or would, if not surrendered or revoked, have authorised) the driving of such a motor [F132bicycle][F133or moped], or

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

F134(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F134(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F135(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F106Words in s. 97(1) inserted (14.7.2014) by Immigration Act 2014 (c. 22), ss. 46(1), 75(3); S.I. 2014/1820, art. 2(d)

F108S. 97(1)(c) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 6(2)

F118Words in s. 97(1)(d) inserted (1.6.1997) by 1995 c. 13, s. 10(4), Sch. 2 para. 2(2)(b) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

F120S. 97(1A) inserted (1.7.1998) by S.I. 1998/1420, reg. 6(2)

F127Words in s. 97(3)(e) inserted (1.7.1998) by S.I. 1998/1420, reg. 6(3)

F128Word in s. 97(3)(e) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 6(3)(b)

F130Words in s. 97(3A) inserted (1.7.1998) by S.I. 1998/1420, reg. 6(4)

F131Words in s. 97(3A) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 6(4)

F132Words in s. 97(4) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 6(5)

F133Words in s. 97(4) inserted (1.7.1998) by S.I. 1998/1420, reg. 6(5)

Modifications etc. (not altering text)

C14S. 97(3) excluded (23.6.1999) by S.I. 1999/1736, art. 8(4)

C15S. 97(3)(e) excluded by S.I. 1987/1378, regs. 23E(2), 23G(2) (as inserted by S.I. 1990/2334, reg. 4)

[F13697AResidence requirementE+W+S

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

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

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

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

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

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

[F137(d)in any other case, the applicant is lawfully resident in the United Kingdom and—

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

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

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

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Amendments (Textual)

98 Form of licence.E+W+S

[F138(1)A licence shall be in the form of a photocard of a description specified by the Secretary of State or such other form as he may specify and—

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

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

(c)in the case of a provisional licence, the licence F139... shall specify (in such manner as the Secretary of State may determine) the conditions subject to which it is granted.

F138(1A)The Secretary of State may specify different descriptions of photocards, and different forms of licences not in the form of a photocard, for different cases and may determine the form of licence to be granted in any case.]

(2)Subject to subsections (3) [F140, (4) and (4A)] below, a [F141person who holds a licence which] authorises its holder to drive motor vehicles of certain classes only (not being—

[F142(a)a provisional licence, or

(b)any other prescribed description of licence)]

[F143may]drive motor vehicles of all other classes subject to the same conditions as if he were authorised by a provisional licence to drive motor vehicles of those other classes.

(3)[F144Subsection (2) above does not] authorise a person to drive—

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

F145(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F146(c)unless he has passed a test of competence to drive, a motor bicycle [F147or moped] on a road in circumstances in which, by virtue of section 97(3)(e) of this Act, a provisional licence would not authorise him to drive it before he had passed that test.]

(4)In such cases [F148or as respects such classes of vehicles]as the Secretary of State may prescribe, the provisions of subsections (2) and (3) above shall not apply or shall apply subject to such limitations as he may prescribe.

[F149(4A)[F150Subsection (2) above does not]authorise a person on whom a notice under section 92(5)(b) of this Act has been served to drive motor vehicles otherwise than in accordance with the limits specified in the notice.]

F151(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F138S. 98(1)(1A) substituted (1.7.1998) for s. 98(1) by S.I. 1998/1420, reg. 7(2)

F147Words in s. 98(3)(c) inserted (1.7.1998) by S.I. 1998/1420, reg. 7(3)

Modifications etc. (not altering text)

C16S. 98(2) restricted by S.I. 1987/1378, reg. 34 (as inserted by S.I. 1990/842, reg. 11)

C17S. 98(2) excluded (1.4.1991) by S.I. 1990/2612, reg. 10(1)(2)(3)

S. 98(2) restricted (12.11.1999) by S.I. 1999/2864, reg. 19(1)(3)

C18S. 98(2) applied by S.I. 1999/2864, reg. 19(1) (as substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 13(a))

C19S. 98(2) restricted by S.I. 1999/2864, reg. 19(4) (as substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 13(b))

C20S. 98(2) excluded by S.I. 1999/2864, reg. 19(4A)(4B) (as inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 13(c))

C21S. 98(2) excluded by S.I. 1999/2864, reg. 19(4B) (as inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 13(c))

C22S. 98(3) excluded (1.4.1991) by S.I. 1990/2612, reg. 10(1)(2)(3)

S. 98(3) excluded (23.6.1999) by S.I. 1999/1736, art. 8(4)

C23S. 98(3)(c) excluded by S.I. 1999/2864, reg. 69(1) (as substituted (with (2)) (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 41(a))

C24S. 98(3)(c) excluded by S.I. 1987/1378, regs. 23E(3), 23G(3) (as inserted by S.I. 1990/2334, reg. 4)

S. 98(3)(c) excluded (12.11.1999) by S.I. 1999/2864, reg. 69(1)(5)

Prospective

[F15298ACompulsory surrender of old-form licencesE+W+S

(1)The Secretary of State may by order require the holders of licences of a specified description, or any specified description of the holders of such licences, to surrender the licences [F153and their counterparts ] to the Secretary of State.

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

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

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

(3)An order under this section must specify the date by which the licences to which it relates [F154(and their counterparts) ] are to be surrendered; and may specify different dates in relation to different descriptions of licence holders.

(4)An order under this section must include provision for the grant of a new licence to every holder of a licence surrendered [F155(with its counterpart) ] in pursuance of the order who—

(a)pays such fee (if any) as is specified by the order, F156...

(b)provides the Secretary of State with such evidence or further evidence as the Secretary of State may require (which may include a photograph which is a current likeness of him).[F157 and

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

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

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

(7)A person who, without reasonable excuse, fails to comply with any requirement to surrender a licence [F158and its counterpart ] imposed by an order under this section is guilty of an offence.

(8)An order under this section may—

(a)make different provision for different cases, and

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

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

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

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

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Amendments (Textual)

F152S. 98A inserted (prosp.) by Road Safety Act 2006 (c. 49), ss. 39(1), 61

F153Words in s. 98A(1) repealed (prosp.) by Road Safety Act 2006 (c. 49), ss. 10(12), 59, 61, Sch. 3 para. 8(2), Sch. 7(4)

F154Words in s. 98A(3) repealed (prosp.) by Road Safety Act 2006 (c. 49), ss. 10(12), 59, 61, Sch. 3 para. 8(3), Sch. 7(4)

F155Words in s. 98A(4) repealed (prosp.) by Road Safety Act 2006 (c. 49), ss. 10(12), 59, 61, Sch. 3 para. 8(4), Sch. 7(4)

F156Word in s. 98A(4) omitted by Road Safety Act 2006 (c. 49), s. 39(1) (as amended) (20.4.2012) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 2 para. 2(2)(a)

F157S. 98A(4)(c) and word inserted by Road Safety Act 2006 (c. 49), s. 39(1) (as amended) (20.4.2012) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 2 para. 2(2)(b)

F158Words in s. 98A(7) repealed (prosp.) by Road Safety Act 2006 (c. 49), ss. 10(12), 59, 61, Sch. 3 para. 8(5), Sch. 7(4)

99 Duration of licences.E+W+S

(1)[F159In so far as a licence authorises its holder to drive motor vehicles of classes other than any prescribed class of goods vehicle or any prescribed class of passenger-carrying vehicle, it] shall, unless previously revoked or surrendered, remain in force, subject to subsection (2) below—

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

(b)except in a case falling within paragraph (c) of this subsection, if the Secretary of State so determines in the case of a licence to be granted to a person appearing to him to be suffering from a relevant or prospective disability, for such period [F160as the Secretary of State may determine which shall be a period—

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

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

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

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

[F161(1A)In so far as a licence authorises its holder to drive any prescribed class of goods vehicle or passenger-carrying vehicle, it shall, unless previously revoked, suspended or surrendered, remain in force—

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

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

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

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

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

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

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

(2)To the extent that a provisional licence authorises the driving of a motor [F162bicycle][F163or moped]of a prescribed class it shall, unless previously surrendered or revoked, remain in force—

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

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

(i)for the remainder of the period for which the previous licence would have authorised the driving of such a motor [F162bicycle][F163or moped], or

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

[F164(2A)Where in accordance with the preceding provisions of this section, a licence in the form of a photocard remains in force after the last day of the administrative validity period, the holder of the licence must nevertheless surrender the licence F165... to the Secretary of State not later than that day.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[F166(a)that a licence granted by him to any person was granted in error or with an error or omission in the particulars specified in the licence, or

F167(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

(b)that the particulars specified in a licence granted by him to any person F168... do not comply with any requirement imposed since the licence was granted by any provision made by or having effect under any enactment,

the Secretary of State may serve notice in writing on that person revoking the licence and requiring him to surrender the licence F169... forthwith to the Secretary of State [F170and it shall be the duty of that person to comply with the requirement].

[F171(3ZA)Where it appears to the Secretary of State that a licence holder is not lawfully resident in the United Kingdom, the Secretary of State may serve notice in writing on that person revoking the licence and requiring the person to surrender the licence F172... forthwith to the Secretary of State, and it is the duty of that person to comply with the requirement.

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

[F173(3A)Where—

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

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

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

(4)Where the name or address of the licence holder as specified in a licence ceases to be correct, its holder must forthwith surrender the licence F174... to the Secretary of State F175... .

(5)A person who [F176without reasonable cause]fails to comply with the duty under subsection [F177(2A),][F176(3) [F178, (3ZA)] or](4) above is guilty of an offence.

(6)Where a person who has a duty under this section to surrender his licence F179... is not in possession of [F180it] in consequence of the fact that he has surrendered [F180it] to a constable or authorised person (within the meaning of Part III of the M5Road Traffic Offenders Act 1988) on receiving a fixed penalty notice given to him under section 54 of that Act, he does not fail to comply with the duty if he surrenders the licence F179... to the Secretary of State immediately on [F181its] return.

[F182(6A)In subsection (7ZZA)—

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

(b)omit “and counterpart”.]

F183[F184(7)On the surrender of a licence F185... by a person in pursuance of subsection (2A), (3) or (4) above, the Secretary of State must (subject to the following provisions of this section) grant a new licence to that person F186. . . .

[F187(7ZZA)Where a person is required to surrender a licence F188... in pursuance of subsection (2A), (3) [F189, (3ZA)] or (4) but provides the Secretary of State with an explanation for not doing so which the Secretary of State considers adequate, the Secretary of State may (subject to the following provisions of this section) treat the licence F190... as surrendered in accordance with the requirements of those subsections and [F191, except in the case of a licence F192... surrendered in pursuance of subsection (3ZA), ] may grant a new licence F193... to that person.]

[F184(7ZA)The Secretary of State is not required by subsection (7) above to grant a new licence on the surrender of a licence F194... by a person in pursuance of subsection (2A) above [F195, or in pursuance of subsection (3) or (4) where an election is made under subsection (2D)(b),] unless the person has paid the fee (if any) which is prescribed; but any other licence under [F196subsection (7)] is to be granted free of charge.]

F183(7A)Where the surrendered licence was revoked because it was granted in error or in consequence of an error or omission appearing to the Secretary of State to be attributable to the fault of the licence holder or in consequence of a current disqualification, [F197subsections (7) and (7ZZA)] shall not apply but the Secretary of State may, if the person is not currently disqualified, grant a new licence to that person on payment of the fee (if any) which is prescribed.

[F198(7AA)The Secretary of State may not grant a new licence to a person under subsection (7), (7ZZA) or (7A) above unless, on the date on which the licence is granted, the person is lawfully resident in the United Kingdom and—

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

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

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

F183(7B)The Secretary of State may require a person to provide—

(a)evidence of his name, address, sex and date and place of birth, F199...

(b)a photograph which is a current likeness of him,[F200and

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

before granting a new licence to him under subsection (7) [F201, (7ZZA)] or (7A) above.

[F202(7C)In a case where—

(a)a person surrenders a licence, and

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

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

F183(8)A replacement licence granted pursuant to subsection (7) [F203, (7ZZA)] or (7A) above shall expire on the date on which the surrendered licence would have expired had it not been surrendered except that, where the period for which the surrendered licence was granted was based on an error with respect to the licence holder’s date of birth such that (if that error had not been made) that licence would have been expressed to expire on a different date, the replacement licence shall expire on that different date.]

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Amendments (Textual)

F159Words commencing “In so far as" substituted (1.4.1991) for words “A licence" by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 12(a)

F160Words in s. 99(1)(b) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(o), Sch. 10 para. 2

F162Words in s. 99(2) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 8

F163Words in s. 99(2) inserted (1.7.1998) by S.I. 1998/1420, reg. 8(2)

F166S. 99(3) paras. (a)(aa) substituted for para. (a) by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 5(a)(i)

F171S. 99(3ZA)(3ZB) inserted (14.7.2014) by Immigration Act 2014 (c. 22), ss. 47(1)(a), 75(3); S.I. 2014/1820, art. 2(e)

F172Words in s. 99(3ZA) omitted (8.6.2015) by virtue of Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 9(3A); S.I. 2015/560, art. 3(a) (with arts. 4-9) (as inserted by Immigration Act 2014 (c. 22), Sch. 9 para. 64(a); S.I. 2014/1820, art. 2(g))

F175Words in s. 99(4) omitted (1.7.1998) by virtue of S.I. 1998/1420, reg. 8(4)

F177Words in s. 99(5) inserted (1.7.1998) by s.I. 1998/1420, reg. 8(5)

F178Word in s. 99(5) inserted (14.7.2014) by Immigration Act 2014 (c. 22), ss. 47(1)(b), 75(3); S.I. 2014/1820, art. 2(e)

F182Words in s. 99(7ZZA) omitted by 2006 c. 49, Sch. 3 para. 9(6A) (as inserted) (20.4.2012) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 2 para. 3(2)

F183S. 99(7)-(8) substituted (1.7.1998) for s. 99(7)(8) by S.I. 1998/1420, reg. 8(1)(6)

F186Words in s. 99(7) repealed (27.2.2007) by Road Safety Act 2006 (c. 49), ss. 40(1)(a), 59, 61, Sch. 7(12); S.I. 2007/237, art. 2(c)

F188Words in s. 99(7ZZA) omitted (8.6.2015) by virtue of Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 9(6A)(a); S.I. 2015/560, art. 3(a) (with arts. 4-9) (as inserted by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), Sch. 2 para. 3(2))

F189Word in s. 99(7ZZA) inserted (14.7.2014) by Immigration Act 2014 (c. 22), ss. 47(1)(c)(i), 75(3); S.I. 2014/1820, art. 2(e)

F190Words in s. 99(7ZZA) omitted (8.6.2015) by virtue of Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 9(6A)(a); S.I. 2015/560, art. 3(a) (with arts. 4-9) (as inserted by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), Sch. 2 para. 3(2))

F191Words in s. 99(7ZZA) inserted (14.7.2014) by Immigration Act 2014 (c. 22), ss. 47(1)(c)(ii), 75(3); S.I. 2014/1820, art. 2(e)

F192Words in s. 99(7ZZA) omitted (8.6.2015) by virtue of Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 9(6A)(b); S.I. 2015/560, art. 3(a) (with arts. 4-9) (as inserted by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), Sch. 2 para. 3(2))

F193Words in s. 99(7ZZA) omitted (8.6.2015) by virtue of Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 9(6A)(b); S.I. 2015/560, art. 3(a) (with arts. 4-9) (as inserted by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), Sch. 2 para. 3(2))

Modifications etc. (not altering text)

C25S. 99 applied (S.) (21.3.1999) by S.I. 1999/854, art. 3(4)(a)(b)

Marginal Citations

[F204 Driver training]E+W+S

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Amendments (Textual)

F204Ss. 99ZA-99ZC and cross-heading inserted (1.5.2002) by 2000 c. 38, s. 257; S.I. 2002/1014, art. 2, Sch. Pt. II

[F20599ZA Compulsory driver training courses.E+W+S

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

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Amendments (Textual)

F205Ss. 99ZA-99ZC and cross-heading inserted (1.5.2002) by 2000 c. 38, s. 257; S.I. 2002/1014, art. 2, Sch. Pt. II

[F20699ZB Requirements to complete training courses.E+W+S

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

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

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

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

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

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

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

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

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

(c)attach conditions to an exemption, and

(d)regulate applications for an exemption.

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

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

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

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

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Amendments (Textual)

F206Ss. 99ZA-99ZC and cross-heading inserted (1.5.2002) by 2000 c. 38, s. 257; S.I. 2002/1014, art. 2, Sch. Pt. II

[F20799ZC Driver training courses: supplementary.E+W+S

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

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

(b)provision for the approval by the Secretary of State of persons providing such courses [F208or giving instruction on such courses] and the withdrawal of approvals (including provision for appeals against refusal and withdrawal of approvals) and provision for exemptions from any requirement of approval,

(c)provision for the training or assessment, or the supervision of the training or assessment, of persons providing driver training courses [F208or giving instruction on such courses],

(d)provision setting the maximum amount of any charges payable by persons undergoing such courses, F209. . .

(e)provision for the evidencing of the successful completion of such courses.[F210 and

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

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

(3)Such regulations may make different provision—

(a)for different classes of motor vehicles,

(b)for different descriptions of persons, or

(c)otherwise for different circumstances.]

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Amendments (Textual)

F207Ss. 99ZA-99ZC and cross-heading inserted (1.5.2002) by 2000 c. 38, s. 257; S.I. 2002/1014, art. 2, Sch. Pt. II

F208Words in s. 99ZC(1)(b)(c) inserted (24.9.2007) by Road Safety Act 2006 (c. 49), ss. 41(2), 61; S.I. 2007/2472, art. 2(l)

F209Word in s. 99ZC(1)(d) repealed (24.9.2007) by Road Safety Act 2006 (c. 49), ss. 59, 61, Sch. 7(13); S.I. 2007/2472, art. 2(n)

F210S. 99ZC(1)(f) and preceding word inserted (24.9.2007) by Road Safety Act 2006 (c. 49), ss. 41(3), 61; S.I. 2007/2472, art. 2(l)

[F211[F7EU] licence holders]E+W+S

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Amendments (Textual)

F211S. 99A and cross-heading inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 9

F21299A[ Authorisation to drive in Great Britain.]E+W+S

(1)[F7An] [F7EU] licence holder may drive, and a person may cause or permit [F7an] [F7EU] licence holder to drive, in Great Britain, a motor vehicle of any class which—

(a)he is authorised by his [F7EU] licence to drive, and

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

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

(2)Subsections (3) and (4) below apply to [F7an] [F7EU] licence holder who is normally resident in Great Britain.

(3)In a case where the [F7EU] licence holder is authorised by his [F7EU] licence to drive motor vehicles of classes other than any prescribed class of goods vehicle or any prescribed class of passenger-carrying vehicle, he shall cease to be authorised by virtue of subsection (1) above to drive in Great Britain any such classes of motor vehicle from—

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

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

whichever is the later.

(4)In a case where the [F7EU] licence holder is authorised by his [F7EU] licence to drive any prescribed class of goods vehicle or any prescribed class of passenger-carrying vehicle, he shall cease to be authorised by virtue of subsection (1) above to drive in Great Britain any such class of vehicle from—

[F213(a)except in a case falling within paragraph (b) or (c) of this subsection—

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

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

whichever is the later,]

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

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

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

whichever is the earlier, and

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

(5)[F7An] [F7EU] licence holder F214... who is authorised by virtue of subsection (1) above to drive in Great Britain motor vehicles of certain classes only, may drive, in Great Britain, motor vehicles of all other classes subject to the same conditions as if he were authorised by a provisional licence to drive motor vehicles of those other classes.

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

(7)For the purposes of this Part and Part IV of this Act [F7an] [F7EU] licence shall not be treated as authorising a person to drive a vehicle of any class if it is not for the time being valid for that purpose in the EEA State in respect of which it was issued.

(8)In this section “relevant date", in relation to [F7an] [F7EU] licence holder who is normally resident in Great Britain, means—

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

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

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Amendments (Textual)

F212S. 99A inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 9

F213S. 99A(4)(a) substituted (1.7.1998) by S.I. 1998/1420, reg. 9

Modifications etc. (not altering text)

C26S. 99A(5) restricted (12.11.1999) by S.I. 1999/2864, reg. 19(1)(3)(8)

C27S. 99A(5) applied by S.I. 1999/2864, reg. 19(1) (as substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 13(a))

F215[99B Information about resident [F7EU] licence holders.E+W+S

(1)[F7an] [F7EU] licence holder who—

(a)is normally resident in Great Britain, and

(b)is authorised by his [F7EU] licence to drive medium-sized or large goods vehicles or passenger-carrying vehicles of any class,

shall, on or before the expiry of the period of twelve months beginning with the relevant date, deliver his [F7EU] licence to the Secretary of State and provide him with the information specified in, or required under, subsection (4) below.

(2)Subsection (1) above shall not apply to [F7an] [F7EU] licence holder from whom the Secretary of State has received a qualifying application (within the meaning of section 88(1A) of this Act) for the grant of a licence under this Part of this Act.

F216(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The information referred to in [F217subsection (1)] above is—

(a)the name and address in Great Britain of the [F7EU] licence holder;

(b)his date of birth;

(c)the classes of vehicle which he is authorised by his [F7EU] licence to drive;

(d)the period of validity of the [F7EU] licence in the EEA State in respect of which it was issued;

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

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

(5)The Secretary of State—

(a)may endorse [F218the driving record of a person who delivers to him [F7an] [F7EU] licence (whether or not in pursuance of this section)] with any part of the information specified in, or required under, subsection (4) above or with information providing a means of ascertaining that information or any part of it; and

(b)must return the [F7EU] licence to the holder.

F219(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F220(7)Where the name of [F7an] [F7EU] licence holder as specified in his [F7EU] licence ceases to be correct, he must deliver his [F7EU] licence immediately to the Secretary of State and provide him with particulars of the alterations falling to be made in the name on it.]

F221(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)On the delivery of [F7an] [F7EU] licence by any person in pursuance of subsection (7) above, the Secretary of State may endorse the [F7EU] licence [F222and that person's driving record] with the correct name and must return the [F7EU] licence to that person.

(10)Where [F7an] [F7EU] licence holder has not complied with subsection (1) above, the Secretary of State may serve notice in writing on the holder requiring him to deliver his [F7EU] licence to the Secretary of State and to provide him with the information specified in, or required under, subsection (4) above within such period (not being less than 28 days from the date of service of the notice) as is specified in the notice.

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

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

(b)to comply with a requirement imposed under subsection F223... (7) above.

F224(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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Amendments (Textual)

F215S. 99B inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 10

F225[99C Revocation of authorisation conferred by [F7EU] licence because of disability or prospective disability.E+W+S

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

(a)that [F7an] [F7EU] licence holder who is normally resident in Great Britain at that time is suffering from a relevant disability, and

(b)that the Secretary of State would be required by virtue of section 92(3) of this Act to refuse an application made by him at that time for a licence authorising him to drive a vehicle of the class in respect of which his [F7EU] licence was issued or a class corresponding to that class,

the Secretary of State may serve notice in writing requiring the [F7EU] licence holder to deliver the [F7EU] licence F226... immediately to the Secretary of State.

(2)If the Secretary of State is at any time satisfied on inquiry that [F7an] [F7EU] licence holder who is normally resident in Great Britain at that time is suffering from a prospective disability, the Secretary of State may—

(a)serve notice in writing requiring the [F7EU] licence holder to deliver the [F7EU] licence F226... immediately to the Secretary of State, and

(b)on receipt of the [F7EU] licence F226... grant to the [F7EU] licence holder, free of charge, a licence for a period determined by the Secretary of State under section 99(1)(b) of this Act.

(3)Where, in relation to [F7an] [F7EU] licence holder who is normally resident in Great Britain, the Secretary of State is at any time under a duty to serve notice on him in pursuance of section 92(5) of this Act, the Secretary of State may include in that notice a requirement that the [F7EU] licence holder deliver the [F7EU] licence F226... immediately to the Secretary of State.

(4)A person who—

(a)is required under, or by virtue of, any of subsections (1) to (3) above to deliver his [F7EU] licence F226... to the Secretary of State, but

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

is guilty of an offence.

F227(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where [F7an] [F7EU] licence holder is served with a notice in pursuance of any of subsections (1) to (3) above, he shall cease to be authorised by virtue of section 99A(1) of this Act to drive in Great Britain a motor vehicle of any class from such date as may be specified in the notice, not being earlier than the date of service of the notice.]

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Amendments (Textual)

F225S. 99C inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 11

F228[99D Information relating to disabilities etc.E+W+S

Section 94 of this Act F229 shall apply to [F7an] [F7EU] licence holder who is normally resident in Great Britain as if—

(a)in subsection (1), for the words from the beginning to “aware” there were substituted “If [F7an] [F7EU] licence holder who is authorised by virtue of section 99A(1) of this Act to drive in Great Britain a motor vehicle of any class, is aware immediately before the relevant date (as defined by section 99A(8) of this Act), or becomes aware on or after that date”,

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

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

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

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

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

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

(g)in subsection (8)—

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

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

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Amendments (Textual)

F228S. 99D inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 12

F229Subsection (3A) was inserted by section 18(2) of the 1991 Act; subsections (4) and (5)(c) were amended by section 5(7) and (8) of the 1989 Act.

[F23099E Return of [F7EU] licences delivered to Secretary of State.E+W+S

(1)This section applies where [F7an] [F7EU] licence is delivered to the Secretary of State in pursuance of section 99C or 115A of this Act.

(2)Subject to subsection (3) below, the Secretary of State must, on or after the expiry of the relevant period, forward the [F7EU] licence to the licensing authority in the EEA state in respect of which it was issued and explain to them his reasons for so doing.

(3)Where the Secretary of State is satisfied that the [F7EU] licence holder has ceased to be normally resident in Great Britain before the expiry of the relevant period, the Secretary of State must return the [F7EU] licence to the holder.

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

(a)in a case where the [F7EU] licence holder appeals under section 100 or 119 of this Act against the requirement to surrender his [F7EU] licence, the period ending on the date on which the appeal is finally determined or abandoned, and

(b)in any other case, the period of seven months beginning with the date on which the Secretary of State received the [F7EU] licence.]

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Amendments (Textual)

F230S. 99E inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 13

AppealsE+W+S

100 Appeals relating to licences.E+W+S

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

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

(b)determination under section 99(1)(b) of this Act to grant a licence for [F231ten] years or less [F232or, where sub-paragraph (ii) of section 99(1)(b) applies, for three years or less], or

(c)revocation of a licence in pursuance of section 99(3) [F233, (3ZA)] [F234or (3A)] of this Act,

or by a notice served on him in pursuance of section 92(5) [F235, 99C or 109B] of this Act may, after giving to the Secretary of State notice of his intention to do so, appeal to a magistrates’ court F236. . . or, in Scotland, to the sheriff within whose jurisdiction he resides.

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

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

[F237(4)In any proceedings under this section about the revocation of a licence in pursuance of section 99(3ZA) (revocation on grounds of immigration status), the court or sheriff is not entitled to entertain any question as to whether—

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

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

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Amendments (Textual)

F231Word in s. 100(1)(b) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(o), Sch. 10 para. 3(a)

F232Words in s. 100(1)(b) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(o), Sch. 10 para. 3(b)

F233Word in s. 100(1)(c) inserted (14.7.2014) by Immigration Act 2014 (c. 22), ss. 47(2)(a), 75(3); S.I. 2014/1820, art. 2(e)

Disqualification (otherwise than on conviction)E+W+S

101 Disqualification of persons under age.E+W+S

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

[F238Class of motor vehicleAge (in years)
1. Invalid carriage16
2. Moped16
3. Motor bicycle17
4. Agricultural or forestry tractor17
5. Small vehicle17
6. Medium-sized good vehicle18
Other motor vehicle21]

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

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

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

(b)apply in circumstances so specified,

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

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

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

(5)In subsection (4) above—

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

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

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

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Amendments (Textual)

F238Table in s. 101(1) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 15

Modifications etc. (not altering text)

C28S. 101 excluded (23.6.1999) by S.I. 1999/1736, art. 8(5)

102 Disqualification to prevent duplication of licences.E+W+S

A person is disqualified for obtaining a licence authorising him to drive a motor vehicle of any class so long as he is the holder of another licence authorising him to drive a motor vehicle of that class, whether the licence is suspended or not.

[F239(2)A person is also disqualified for holding or obtaining a licence authorising him to drive a motor vehicle of any class so long as he is authorised by virtue of section 109(1) of this Act to drive a motor vehicle of that or a corresponding class.]

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Amendments (Textual)

[F240Disqualification if disqualified in Northern Ireland etc.E+W+S

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Amendments (Textual)

102ADisqualification while disqualified in Northern Ireland, Isle of Man, Channel Islands or GibraltarE+W+S

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

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

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

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

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

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

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

F241[Effects of disqualification]E+W+S

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Amendments (Textual)

F241S. 103 and cross heading substituted (1.7.1992) for s. 103 by Road Traffic Act 1991 (c. 40, SIF 107:1), s.19; S.I. 1992/1286, art. 2,Sch.

F242[103 Obtaining licence, or driving, while disqualified.E+W

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

(a)obtains a licence, or

(b)drives a motor vehicle on a road.

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

(3 )F243. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)[F244Subsection (1) above does]] not apply in relation to disqualification by virtue of section 101 of this Act.

(5)[F245Subsection (1)(b) above does] not apply in relation to disqualification by virtue of section 102 of this Act.

(6)In the application of [F246subsection (1)] above to a person whose disqualification is limited to the driving of motor vehicles of a particular class by virtue of—

(a)section 102 [F247117 or 117A] of this Act, or

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

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

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Extent Information

E1This version of this provision extents to England and Wales only; a separate version has been created for Scotland

Amendments (Textual)

F244Words in s. 103(4) substituted (1.10.2002) by 2002 c. 30, s. 107, Sch. 7 para. 11(1)(3); S.I. 2002/2306, art. 2(g)(i)(ii)

F245Words in s. 103(5) substituted (1.10.2002) by 2002 c. 30, s. 107, Sch. 7 para. 11(1)(4), S.I. 2002/2306, art. 2(g)(i)(ii)

F246Words in s. 103(6) substituted (1.10.2002) by 2002 c. 30, s. 107, Sch. 7 para. 11(1)(5), S.I. 2002/2306, art. 2(g)(i)(ii)

F247Words in s. 103(6)(a) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 16

Modifications etc. (not altering text)

C29S. 103 modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), {art. 27(2)-(4)(6)}

[F314103 Obtaining licence, or driving, while disqualified.S

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

(a)obtains a licence, or

(b)drives a motor vehicle on a road.

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

(3)A constable in uniform may arrest without warrant any person driving a motor vehicle on a road whom he has reasonable cause to suspect of being disqualified.

(4)Subsections (1) and (3) above do not apply in relation to disqualification by virtue of section 101 of this Act.

(5)Subsections (1)(b) and (3) above do not apply in relation to disqualification by virtue of section 102 of this Act.

(6)In the application of subsections (1) and (3) above to a person whose disqualification is limited to the driving of motor vehicles of a particular class by virtue of—

(a)section 102 [F315117 or 117A]] of this Act, or

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

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

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Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Amendments (Textual)

F315Words in s. 103(6)(a) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 16

Modifications etc. (not altering text)

MiscellaneousE+W+S

104 Conduct of proceedings in certain courts by or against the Secretary of State.E+W+S

(1)Any proceedings by or against the Secretary of State in a magistrates’ court or [F248the] county court under this Part of this Act or Part II of the Road Traffic Offenders Act 1988 may [F249, except in the county court if rules of court provide otherwise,] be conducted on behalf of the Secretary of State by a person authorised by him for the purposes of this subsection.

(2)Any proceedings in any court in Scotland, other than the High Court of Justiciary or the Court of Session, against the Secretary of State under this Part of this Act or Part II of the M6Road Traffic Offenders Act 1988 may be conducted on behalf of the Secretary of State by any person authorised by him for the purposes of this subsection.

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Amendments (Textual)

F248Word in s. 104(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 126(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F249Words in s. 104(1) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 126(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Marginal Citations

105 Regulations.E+W+S

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

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

F250[(a)licences under this Part of this Act, [F251Northern Ireland licences,] [F252and [F7EU] licences],

(b)F253. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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

(d)facilitating identification of holders of licences,

(e)providing for the issue of F254[F255. . . licences F256... in the place of licences F256... ] lost or defaced on payment of such fee [F257, and compliance with such requirements,] as may be prescribed,

F258(ea). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F259(ee)the correspondence F260. . . of one class of motor vehicle with another class of motor vehicle or of one test of competence to drive with another (whatever the law under which the classification is made or the test conducted),]

(f)the effect of a change in the classification of motor vehicles F261. . . on licences then in force or issued or on the right to or the subsequent granting of licences [F262or on [F263Northern Ireland licences or] [F7EU] licences then in force], and

(g)enabling a person—

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

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

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

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

(3)The regulations may—

(a)make different provision for different circumstances,

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

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

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

(4)Any fee prescribed under this Part of this Act shall be of an amount approved by the Treasury, and different fees may be prescribed for different circumstances [F264and (in particular) in relation to licences in different forms].

(5)In subsection (1) above “the relevant provisions of the M7Road Traffic Offenders Act 1988” means the following provisions of that Act: sections 2, 7, 8, 23 to 26, 27, 31 [F265, 34 [F266, 35] to 48[F267, 91ZA and 91A]] .

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Amendments (Textual)

F250S. 105(2)(a)(b) substituted (23.7.1996) by S.I. 1996/1974, reg. 2, Sch. 1 para. 17(a)

F252Words in s. 105(2)(a) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 13(2)(a); S.I. 2015/560, art. 3(a) (with arts. 4-9)

F253S. 105(2)(b) repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26, ss. 112(1)(2), 116(6), Sch. 7 para. 130, {Sch. 8 Pt. 13}

F254Word in s. 105(2)(e) repealed (1.7.1998) by S.I. 1998/1420, regs. 10(2)(a), 17, Sch.

F257Words in s. 105(2)(e) inserted (1.7.1998) by S.I. 1998/1420, reg. 10(2)(b)

F260Words in s. 105(2)(ee) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch.

F261Words in s. 105(2)(f) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch.

F262Words in s. 105(2)(f) inserted (23.7.1996) by S.I. 1996/1974, reg. 2, Sch. 1 para. 17(c)

F264Words in s. 105(4) inserted (1.7.1998) by S.I. 1998/1420, reg. 10(3)

F265Words in s. 105(5) substituted (23.7.1996) by S.I. 1996/1974, reg. 2, Sch. 1 para. 17(3)

F266Words in s. 105(5) inserted (8.11.2006) by Road Safety Act 2006 (c. 49), ss. 58(2), 61(9)

Modifications etc. (not altering text)

Marginal Citations

106 Destination of fees for licences, etc.E+W+S

(1)All fees received by the Secretary of State for licences under this Part of this Act shall be paid into the Consolidated Fund.

(2)Fees in respect of tests of competence to drive payable by virtue of regulations made by virtue of section 89(4) of this Act shall be paid to such person as may be prescribed by the regulations, and any such fees received by a person so prescribed (other than any as to which the regulations provide that they are to be paid to the person conducting the test and retained by him as remuneration) shall be paid into the Consolidated Fund.

107 Service of notices.E+W+S

[F268A notice authorised to be served on any person under this Part or Part IV of this Act or [F7an] [F7EU] licence required to be returned to its holder by section [F26999B, 99E or 109A] of this Act may be served on, or returned to him] by delivering it to him or by leaving it at his proper address or by sending it to him by post; and for the purposes of this section and section 7 of the M8Interpretation Act 1978 in its application to this section the proper address of any person shall be his latest address as known to the person serving the notice.

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Amendments (Textual)

F268Words in s. 107 substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 18

Modifications etc. (not altering text)

C31S. 107 applied (1.6.1997) by 1995 c. 13, s. 9(4) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

Marginal Citations

108 Interpretation.E+W+S

(1)In this Part of this Act—

  • [F270“agricultural or forestry tractor” means a motor vehicle which—

    (a)

    has two or more axles,

    (b)

    is constructed for use as a tractor for work off the road in connection with agriculture or forestry, and

    (c)

    is primarily used as such,]

  • articulated goods vehicle” means a motor vehicle which is so constructed that a trailer designed to carry goods may by partial superimposition be attached to it in such manner as to cause a substantial part of the weight of the trailer to be borne by the motor vehicle, and “articulated goods vehicle combination” means an articulated goods vehicle with a trailer so attached,

  • [F271British external licence” and “British Forces licence” have the meanings given by section 88(8) of this Act,]

  • [F7EU] licence” means a document issued in respect of [F272an EEA State] other than the United Kingdom by an authority of that or [F273another EEA State] (including the United Kingdom) authorising the holder to drive a motor vehicle, not being—

    (a)

    a document containing a statement to the effect that that or a previous document was issued in exchange for a document issued in respect of a State other than [F272an EEA State], or

    (b)

    a document in any of the forms for an international driving permit annexed to the Paris Convention on Motor Traffic of 1926, the Geneva Convention on Road Traffic of 1949 or the Vienna Convention on Road Traffic of 1968 [F274or

    (c)

    F274a document issued for a purpose corresponding to that mentioned in section 97(2) of this Act,]

  • F275. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • disability” has the meaning given by section 92 of this Act,

  • disqualified” means disqualified for holding or obtaining a licence [F276(or, in cases where the disqualification is limited, a licence to drive motor vehicles of the class to which the disqualification relates)], and “disqualification” is to be interpreted accordingly,

  • [F277EEA agreement” and “EEA state” have the meaning given by Schedule 1 to the Interpretation Act 1978;]

  • [F278“exchangeable licence” means a document authorising a person to drive a motor vehicle (not being a document mentioned in paragraph (b) of the definition of “ [F7EU] licence”)—

    (a)

    issued in respect of Gibraltar by an authority of Gibraltar,

    (b)

    issued in respect of a country or territory which is designed without restriction by an order under subsection (2)(a) below by an authority of that country or territory, or

    (c)

    issued in respect of a country or territory which is designated by a restricted order under subsection (2)(b) below by an authority of that country or territory, being a document which is a licence of a description specified in that order,

    and a licence of a description so specified as to which provision is made as mentioned in subsection (2B) below is only an exchangeable licence to the extent that it authorises its holder to drive vehicles of a class specified in the order.]

  • [F279full licence” means a licence other than a provisional licence,]

  • [F280“large goods vehicle” has the meaning given by section 121(1) of this Act,]

  • licence[F281(except where the context otherwise requires)]means a licence to drive a motor vehicle granted under this Part of this Act F282. . .

  • “light quadricycle” means a quadricycle referred to in Article [F2834] of the motorcycle type approval [F284Regulation] (within the meaning of Part 2 of this Act),

  • maximum gross weight”, in relation to a motor vehicle or trailer, means the weight of the vehicle laden with the heaviest load which it is constructed or adapted to carry,

  • maximum train weight”, in relation to an articulated goods vehicle combination, means the weight of the combination laden with the heaviest load which it is constructed or adapted to carry,

  • [F285“medium-sized goods vehicle” means a motor vehicle—

    (a)

    which is constructed or adapted to carry or to haul goods,

    (b)

    which is not adapted to carry more than nine persons inclusive of the driver, and

    (c)

    the permissible maximum weight of which exceeds 3.5 but not 7.5 tonnes,

    and includes a combination of such a motor vehicle and a trailer where the relevant maximum weight of the trailer does not exceed 750 kilograms,

  • [F286“moped” does not include light quadricycles, but otherwise has the same meaning as in Directive 2006/126/EC of the European Parliament and of the Council of 20th December 2006 on driving licences,]

  • F285 “motor bicycle” means a motor vehicle which—

    (a)

    has two wheels, and

    (b)

    has a maximum design speed exceeding [F28745 kilometres per hour] [F288or] , if powered by an internal combustion engine, has a cylinder capacity exceeding 50 cubic centimetres,

    and includes a combination of such a motor vehicle and a side-car,]

  • [F289Northern Ireland driving licence” or “Northern Ireland licence” means a licence to drive a motor vehicle granted under the law of Northern Ireland [F290and “Northern Ireland counterpart” means the document issued with the Northern Ireland licence as a counterpart under the law of Northern Ireland],

  • passenger-carrying vehicle” has the meaning given by section 121(1) of this Act,]

  • permissible maximum weight”, in relation to a goods vehicle (of whatever description), means—

    (a)

    in the case of a motor vehicle which neither is an articulated goods vehicle nor is drawing a trailer, the relevant maximum weight of the vehicle,

    (b)

    in the case of an articulated goods vehicle—

    (i)

    when drawing only a semi-trailer, the relevant maximum train weight of the articulated goods vehicle combination,

    (ii)

    when drawing a trailer as well as a semi-trailer, the aggregate of the relevant maximum train weight of the articulated goods vehicle combination and the relevant maximum weight of the trailer,

    (iii)

    when drawing a trailer but not a semi-trailer, the aggregate of the relevant maximum weight of the articulated goods vehicle and the relevant maximum weight of the trailer,

    (iv)

    when drawing neither a semi-trailer nor a trailer, the relevant maximum weight of the vehicle,

    (c)

    in the case of a motor vehicle (not being an articulated goods vehicle) which is drawing a trailer, the aggregate of the relevant maximum weight of the motor vehicle and the relevant maximum weight of the trailer,

  • prescribed” means prescribed by regulations,

  • prospective disability” has the meaning given by section 92 of this Act,

  • provisional licence” means a licence granted by virtue of section 97(2) of this Act,

  • regulations” means regulations made under section 105 of this Act,

  • relevant disability” has the meaning given by section 92 of this Act,

  • [F291relevant external law” has the meaning given by section 88(8) of this Act,]

  • relevant maximum weight”, in relation to a motor vehicle or trailer, means—

    (a)

    in the case of a vehicle to which regulations under section 49 of this Act apply which is required by regulations under section 41 of this Act to have a maximum gross weight for the vehicle marked on a plate issued by the Secretary of State under regulations under section 41, the maximum gross weight so marked on the vehicle,

    (b)

    in the case of a vehicle which is required by regulations under section 41 of this Act to have a maximum gross weight for the vehicle marked on the vehicle and does not also have a maximum gross weight marked on it as mentioned in paragraph (a) above, the maximum gross weight marked on the vehicle,

    (c)

    in the case of a vehicle on which a maximum gross weight is marked by the same means as would be required by regulations under section 41 of this Act if those regulations applied to the vehicle, the maximum gross weight so marked on the vehicle,

    (d)

    in the case of a vehicle on which a maximum gross weight is not marked as mentioned in paragraph (a), (b) or (c) above, the notional maximum gross weight of the vehicle, that is to say, such weight as is produced by multiplying the unladen weight of the vehicle by the number prescribed by the Secretary of State for the class of vehicle into which that vehicle falls,

  • relevant maximum train weight”, in relation to an articulated goods vehicle combination, means—

    (a)

    in the case of an articulated goods vehicle to which regulations under section 49 of this Act apply which is required by regulations under section 41 of this Act to have a maximum train weight for the combination marked on a plate issued by the Secretary of State under regulations under section 41, the maximum train weight so marked on the motor vehicle,

    (b)

    in the case of an articulated goods vehicle which is required by regulations under section 41 of this Act to have a maximum train weight for the combination marked on the vehicle and does not also have a maximum train weight marked on it as mentioned in paragraph (a) above, the maximum train weight marked on the motor vehicle,

    (c)

    in the case of an articulated goods vehicle on which a maximum train weight is marked by the same means as would be required by regulations under section 41 of this Act if those regulations applied to the vehicle, the maximum train weight so marked on the motor vehicle,

    (d)

    in the case of an articulated goods vehicle on which a maximum train weight is not marked as mentioned in paragraph (a), (b) or (c) above, the notional maximum gross weight of the combination, that is to say, such weight as is produced by multiplying the sum of the unladen weights of the motor vehicle and the semi-trailer by the number prescribed by the Secretary of State for the class of articulated goods vehicle combination into which that combination falls,

  • semi-trailer”, in relation to an articulated goods vehicle, means a trailer attached to it in the manner described in the definition of articulated goods vehicle,

  • [F292“small vehicle” means a motor vehicle (other than an invalid carriage, moped or motor bicycle) which—

    (a)

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

    (b)

    has a maximum gross weight not exceeding 3.5 tonnes,

    and includes a combination of such a motor vehicle and a trailer,]

  • F293. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F293. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • test of competence to drive” means such a test conducted under section 89 of this Act.

  • [F294approved training course for motor cyclists” and, in relation to such a course, “prescribed certificate of completion” mean respectively any course of training approved under, and the certificate of completion prescribed in, regulations under section 97(3A) of this Act.]

[F295(1A)In this Part of this Act, unless the context otherwise requires, a reference to the expiry of a licence is a reference to the time when it ceases to be in force (and “expired” is to be interpreted accordingly).]

[F296(1B)For the purposes of this Part a person is normally resident in Great Britain if—

(a)the person lives in Great Britain for at least 185 days in each calendar year because of—

(i)personal and occupational ties, or

(ii)close personal ties, or

(b)the person has personal ties in Great Britain and occupational ties in another place in the EEA and consequently lives in turn in Great Britain and that other place.

(1C)For the purposes of this Part a person is normally resident in the United Kingdom if—

(a)the person lives in the United Kingdom for at least 185 days in each calendar year because of—

(i)personal and occupational ties, or

(ii)close personal ties, or

(b)the person has personal ties in the United Kingdom and occupational ties in another place in the EEA and consequently lives in turn in the United Kingdom and that other place.

(1D)In order to be normally resident in Great Britain or the United Kingdom by virtue of subsection (1B)(b) or (1C)(b) a person must return there regularly, except when the person is living in another place in the EEA in order to carry out a task of a definite duration.

(1E)For the purposes of subsections (1B) and (1C) attendance at a university or school is not a personal or occupational tie.]

[F297(2)The Secretary of State may by order made by statutory instrument designate a country or territory which neither is nor forms part of an EEA State for the purposes of the definition of “exchangeable licence” in subsection (1) above)—

(a)as respects all licences authorising the driving of motor vehicles granted under the law of that country or territory, where the Secretary of State is satisfied that satisfactory provision is made by that law for the granting of licences to drive motor vehicles;

(b)as respects only licences authorising the driving of motor vehicles granted under the law of that country or territory of a description specified in the order, where the Secretary of State is satisfied that satisfactory provision is made by that law for the granting of licences of that description.

F297(2A)An order under subsection (2)(b) above may specify a description of licence by reference to any feature of the licences concerned (including in particular the circumstances in which they are granted, any conditions to which they are subject or the classes of vehicle which they authorise the holders to drive).

F297(2B)An order under subsection (2)(b) above may provide that a licence of a specified description shall only be an exchangeable licence in so far as it authorises its holder to drive vehicles of a class specified in the order.]

(3)Before making any order under subsection (2) above, the Secretary of State shall consult with such representative organisations as he thinks fit.

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Amendments (Textual)

F270Definition of “agricultural or forestry tractor" in s. 108(1) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) for definition of “agricultural tractor" by S.I. 1996/1974, reg. 2, Sch. 1 para. 19(2)(a)

F272Words in the definition of “[EU] licence" in s. 108(1) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 19(2)(b)(i)

F273Words in the definition of “[EU] licence" in s. 108(1) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 19(2)(b)(ii)

F274S. 108(1): para. (c) in definition of “Community licence" and the word “or" immediately preceding it inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 19(2)(b)(iii)

F275S. 108: definition of “counterpart” repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 14, Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)

F278Definition of “exchangeable licence" in s. 108(1) substituted (31.8.1998) by S.I. 1998/1917, art. 2(2)

F280Definition of “large goods vehicle" in s. 108(1) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 19(2)(f)

F282Words in the definition of “licence" in s. 108(1) omitted (23.7.1996 for specified purposes and otherwise 1.1.1997) by virtue of S.I. 1996/1974, reg. 2, Sch. 1 para. 19(2)(g)

F285Definitions of “medium-sized goods vehicle", “moped" and “motor bicycle" in s. 108(1) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) for the definition of “medium-sized goods vehicle" by S.I. 1996/1974, reg. 2, Sch. 1 para. 19(2)(h)

F287S. 108(1): words in para. (b) in definition of “motor bicycle" substituted (1.7.1998) by S.I. 1998/1420, reg. 11

F289Definitions inserted (1.6.1990 as regards definition of "Northern Ireland driving licence" and "Northern Ireland licence" and 1.4.1991 otherwise) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 15(e)

F290S. 108(1): in definition of "Northern Ireland driving licence" and "Northern Ireland licence" words inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 25(b); S.I. 2004/2624, art. 2(2)(b)

F292Definition of “small vehicle" in s. 108(1) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 19(2)(i)

F293Definitions of “small goods vehicle" and “small passenger vehicle" in s. 108(1) omitted (23.7.1996 for specified purposes and otherwise 1.1.1997) by virtue of S.I. 1996/1974, reg. 2, Sch. 1 para. 19(2)(j)

F297S. 108(2)-(2B) substituted (31.8.1998) for s. 108(2) by S.I. 1998/1917, art. 2(3)

Modifications etc. (not altering text)

109 Provisions as to Northern Ireland drivers’ licences.E+W+S

(1)The holder of a [F298Northern Ireland driving licence] may drive, and a person may cause or permit the holder of such a licence to drive, in Great Britain, [F299in accordance with that licence,] a motor vehicle of any class which he is authorised by that licence to drive, and which he is not disqualified from driving under this Part [F300or Part IV] of this Act, notwithstanding that he is not the holder of a licence under this Part of this Act.

[F301(2)For the purposes of this Act, any driver holding a Northern Ireland licence shall be under the same obligation to produce such a licence as if it had been a licence granted under this Part of this Act, and the provisions of this Act as to the production of licences granted under this Part of this Act shall apply accordingly.]

(3)F302. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F302. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F302. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

[F303109A[F304Information about] Northern Ireland licence holdersE+W+S

[F305(1)The Secretary of State may endorse the driving record of a Northern Ireland licence holder who delivers to him a Northern Ireland licence together with the information specified in, or required under, subsection (3) below with any part of that information.]

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

(a)the name and address (whether in Great Britain or Northern Ireland) of the Northern Ireland licence holder;

(b)his date of birth;

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

(d)the period of validity of the licence;

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

(f)such other information as the Secretary of State may require for the purposes of the proper exercise of any of his functions under this Part or Part 4 of this Act.

[F306(4)Where the name of a Northern Ireland licence holder as specified in his Northern Ireland licence ceases to be correct, he may deliver his Northern Ireland licence immediately to the Secretary of State and provide him with particulars of the alterations falling to be made in the name on it.

(5)On the delivery of a Northern Ireland licence by any person in pursuance of subsection (4) above, the Secretary of State may endorse the Northern Ireland licence and that person's driving record with the correct name and must return the Northern Ireland licence to that person.]]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F304Words in s. 109A heading substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 16(4); S.I. 2015/560, art. 3(a) (with arts. 4-9)

F305S. 109A(1) substituted for s. 109A(1)(2) (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 16(2); S.I. 2015/560, art. 3(a) (with arts. 4-9)

[F307109BRevocation of authorisation conferred by Northern Ireland licence because of disability or prospective disabilityE+W+S

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

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

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

he may serve notice in writing requiring the licence holder to deliver immediately to the Secretary of State his Northern Ireland licence F308....

(2)If the Secretary of State is satisfied on inquiry that a Northern Ireland licence holder is suffering from a prospective disability, he may—

(a)serve notice in writing on the Northern Ireland licence holder requiring him to deliver immediately to the Secretary of State his Northern Ireland licence F309..., and

(b)on receipt of the Northern Ireland licence F310... and of an application made for the purposes of this subsection, grant to the Northern Ireland licence holder, free of charge, a licence for a period determined by the Secretary of State under section 99(1)(b) of this Act.

(3)The Secretary of State may require a person to provide—

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

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

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

(4)A person who—

(a)is required under, or by virtue of, this section to deliver to the Secretary of State his Northern Ireland licence F311..., but

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

is guilty of an offence.

F312(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where a Northern Ireland licence holder is served with a notice in pursuance of this section, he shall cease to be authorised by virtue of section 109(1) of this Act to drive in Great Britain a motor vehicle of any class from such date as may be specified in the notice, not being earlier than the date of service of the notice.

(7)Where a Northern Ireland licence is delivered to the Secretary of State in pursuance of this section, he must—

(a)send the licence and its Northern Ireland counterpart to the licensing authority in Northern Ireland, and

(b)explain to them his reasons for so doing.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

[F313109CInformation relating to disabilities etcE+W+S

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

(a)in subsection (1), for the words from the beginning to “aware” there were substituted “ If a Northern Ireland licence holder who is authorised by virtue of section 109(1) of this Act to drive in Great Britain a motor vehicle of any class, is aware immediately before the relevant date, or becomes aware on or after that date ”,

(b)after that subsection there were inserted—

(1A)For the purposes of subsection (1) “relevant date” means—

(a)in the case where the licence holder first became normally resident in Great Britain on or before the date on which section 79 of the Crime (International Co-operation) Act 2003 comes into force, that date; and

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

(c)for subsection (3A) there were substituted—

(3A)A person who—

(a)is authorised by virtue of section 109(1) of this Act to drive in Great Britain a motor vehicle of any class, and

(b)drives on a road a motor vehicle of that class,

is guilty of an offence if at any earlier time while he was so authorised he was required by subsection (1) above to notify the Secretary of State but has failed without reasonable excuse to do so.,

(d)in subsection (4), the words “an applicant for, or” (in both places) were omitted,

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

(f)in subsection (6)(b), the words “applicant or” (in both places) were omitted,

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

(h)in subsection (8)—

(i)for “93” there were substituted “ 109B ”, and

(ii)the words “applicant or” (in both places) were omitted.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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