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Road Traffic Act 1988

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[F1Part IVE+W+S Licensing of drivers of large goods vehicles and passenger-carrying vehicles.]

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Amendments (Textual)

F1Pt. IV (ss. 110–122): by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(1)(2)(7), 16, Sch. 6 it is provided that Pt. IV (first appearing in text) shall cease to have effect and is repealed (1.4.1991) and by s. 2(1) of that 1989 Act (coming into force 1.4.1991) it is provided that there shall be inserted as Part IV (appearing second in text) of this 1988 Act the provisions set out in Schedule 2 to that 1989 Act which– (a) apply both to the licensing of the drivers of large goods vehicles and to the licensing of the drivers of passenger-carrying vehicles (as there defined); and (b) re-enact and assimilate certain of the provisions of Part IV of the 1988 Act (as originally enacted) and of section 22 of the Public Passenger Vehicles Act 1981 to take account of the abolition by section 1 above of special licences to drive heavy goods vehicles and public service vehicles and the granting after the appointed day of licences to drive such vehicles under Part III of the 1988 Act

Modifications etc. (not altering text)

C1Pt. IV (ss. 110–122) amended by S.I. 1990/144, regs. 2(1), 3, Sch. 3 para. 2

Pt. IV (ss. 110-112) excluded (1.1.1997) by S.I. 1996/2824, reg. 47(1)(2)

Pt. IV (ss. 110-112) applied (1.1.1997) by S.I. 1996/2824, reg. 50(1)(2)

Pt. IV (ss. 110-112) excluded (12.11.1999) by S.I. 1999/2864, reg. 50(1)-(3)

Licensing of drivers of large goods vehicles and passenger-carrying vehicles.E+W+S

[F2110

(1)Licences under Part III of this Act to drive motor vehicles of classes which include large goods vehicles or passenger-carrying vehicles or large goods vehicles or passenger-carrying vehicles of any class shall be granted by the Secretary of State in accordance with this Part of this Act and shall, in so far as they authorise the driving of large goods vehicles or passenger-carrying vehicles, be otherwise subject to this Part of this Act in addition to Part III of this Act.

(2)In this Part of this Act—

  • [F3[F4EU] licence” has the same meaning as in Part III of this Act;

  • F3LGV [F4EU] licence” means [F4an] [F4EU] licence in so far as it authorises a person to drive large goods vehicles of any class;]

  • [F5“PCV [F4EU] licence” means [F4an] [F4EU] licence in so far as it authorises a person to drive passenger-carrying vehicles of any class;]

  • large goods vehicle driver’s licence” means a licence under Part III of this Act in so far as it authorises a person to drive large goods vehicles of any class; and

  • passenger-carrying vehicle driver’s licence” means a licence under Part III of this Act in so far as it authorises a person to drive passenger-carrying vehicles of any class.]

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Amendments (Textual)

F2Pt. IV (ss. 110–122): by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(1)(2)(7), 16, Sch. 6 it is provided that Pt. IV (first appearing in text) shall cease to have effect and is repealed (1.4.1991) and by s. 2(1) of that 1989 Act (coming into force 1.4.1991) it is provided that there shall be inserted as Part IV (appearing second in text) of this 1988 Act the provisions set out in Schedule 2 to that 1989 Act which– (a) apply both to the licensing of the drivers of large goods vehicles and to the licensing of the drivers of passenger-carrying vehicles (as there defined); and (b) re-enact and assimilate certain of the provisions of Part IV of the 1988 Act (as originally enacted) and of section 22 of the Public Passenger Vehicles Act 1981 to take account of the abolition by section 1 above of special licences to drive heavy goods vehicles and public service vehicles and the granting after the appointed day of licences to drive such vehicles under Part III of the 1988 Act

F3Definition of “[EU] licence” and “LGV [EU] licence” inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I 1996/1974, reg. 2, Sch. 1 para. 20(a)

F5Definition of “PVC [EU] licence” inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2 Sch. 1 para. 20(b)

[F6111 Functions of traffic commissioners.E+W+S

(1)[F7A traffic commissioner] shall exercise the functions conferred by the following provisions of this Part of this Act relating to the conduct of

[F8(a)applicants for and holders of large goods vehicle and passenger-carrying vehicle drivers’ licences, and

F8(b)holders of LGV [F4EU] licences and PCV [F4EU] licences.]

(2)Traffic commissioners shall, in the exercise of those functions, act in accordance with directions given by the Secretary of State; but such directions shall be general directions not relating to the exercise of functions in a particular case.]

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Amendments (Textual)

F6Pt. IV (ss. 110–122): by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(1)(2)(7), 16, Sch. 6 it is provided that Pt. IV (first appearing in text) shall cease to have effect and is repealed (1.4.1991) and by s. 2(1) of that 1989 Act (coming into force 1.4.1991) it is provided that there shall be inserted as Part IV (appearing second in text) of this 1988 Act the provisions set out in Schedule 2 to that 1989 Act which– (a) apply both to the licensing of the drivers of large goods vehicles and to the licensing of the drivers of passenger-carrying vehicles (as there defined); and (b) re-enact and assimilate certain of the provisions of Part IV of the 1988 Act (as originally enacted) and of section 22 of the Public Passenger Vehicles Act 1981 to take account of the abolition by section 1 above of special licences to drive heavy goods vehicles and public service vehicles and the granting after the appointed day of licences to drive such vehicles under Part III of the 1988 Act

F8S. 111(1)(a)(b) substituted for words in s. 111(1) (23.7 1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 21

[F9112 Grants of licences: fitness as regards conduct.E+W+S

The Secretary of State shall not grant to an applicant a large goods vehicle driver’s licence or a passenger-carrying vehicle driver’s licence unless he is satisfied, having regard to his conduct, that he is a fit person to hold the licence applied for.]

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Amendments (Textual)

F9Pt. IV (ss. 110–122): by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(1)(2)(7), 16, Sch. 6 it is provided that Pt. IV (first appearing in text) shall cease to have effect and is repealed (1.4.1991) and by s. 2(1) of that 1989 Act (coming into force 1.4.1991) it is provided that there shall be inserted as Part IV (appearing second in text) of this 1988 Act the provisions set out in Schedule 2 to that 1989 Act which– (a) apply both to the licensing of the drivers of large goods vehicles and to the licensing of the drivers of passenger-carrying vehicles (as there defined); and (b) re-enact and assimilate certain of the provisions of Part IV of the 1988 Act (as originally enacted) and of section 22 of the Public Passenger Vehicles Act 1981 to take account of the abolition by section 1 above of special licences to drive heavy goods vehicles and public service vehicles and the granting after the appointed day of licences to drive such vehicles under Part III of the 1988 Act

[F10113 Grant of licences: referral of matters of conduct to traffic commissioners.E+W+S

(1)Any question arising under section 112 of this Act relating to the conduct of an applicant for a licence may be referred by the Secretary of State to [F11a traffic commissioner] .

(2)On any reference under subsection (1) above, [F12a traffic commissioner] shall determine whether the applicant for the licence is or is not, having regard to his conduct, a fit person to hold a licence to drive large goods vehicles or passenger-carrying vehicles, as the case may be.

(3)A traffic commissioner [F13dealing with a reference] under this section may require the applicant for the licence to furnish the commissioner with such information as he may require and may, by notice to the applicant, require him to attend before the commissioner at the time and place specified by the commissioner to furnish the information and to answer such questions (if any) relating to his application as the commissioner may put to him.

(4)If the applicant fails without reasonable excuse to furnish information to or attend before or answer questions properly put by a commissioner when required to do so under subsection (3) above, [F14the commissioner dealing with the application may] decline to proceed further with the application and, if he does so, the commissioner shall notify the Secretary of State of that fact and the Secretary of State shall refuse to grant the licence.

(5)[F15A traffic commissioner dealing with a reference] under this section shall, unless he has declined to proceed further with the application, notify the Secretary of State and the applicant of his determination in the matter and the decision of the commissioner shall be binding on the Secretary of State.]

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Amendments (Textual)

F10Pt. IV (ss. 110–122): by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(1)(2)(7), 16, Sch. 6 it is provided that Pt. IV (first appearing in text) shall cease to have effect and is repealed (1.4.1991) and by s. 2(1) of that 1989 Act (coming into force 1.4.1991) it is provided that there shall be inserted as Part IV (appearing second in text) of this 1988 Act the provisions set out in Schedule 2 to that 1989 Act which– (a) apply both to the licensing of the drivers of large goods vehicles and to the licensing of the drivers of passenger-carrying vehicles (as there defined); and (b) re-enact and assimilate certain of the provisions of Part IV of the 1988 Act (as originally enacted) and of section 22 of the Public Passenger Vehicles Act 1981 to take account of the abolition by section 1 above of special licences to drive heavy goods vehicles and public service vehicles and the granting after the appointed day of licences to drive such vehicles under Part III of the 1988 Act

[F16114 Conditions of certain licences.E+W+S

(1)[F17The following licences, that say -

(a)a large goods vehicle or passenger-carrying vehicle driver’s licence issued as a provisional licence,

(b)a full large goods vehicle or passenger-carrying vehicle driver’s licence granted to a person under the age of 21, and

(c)a LGV [F4EU] licence held by a person under the age of 21 who is normally resident in Great Britain,]

shall be subject to the prescribed conditions, and if the holder of the licence fails, without reasonable excuse, to comply with any of the conditions he is guilty of an offence.

(2)It is an offence for a person knowingly to cause or permit another person who is under the age of 21 to drive a large goods vehicle of any class or a passenger-carrying vehicle of any class in contravention of the prescribed conditions to which that other person’s licence is subject.]

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Amendments (Textual)

F16Pt. IV (ss. 110–122): by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(1)(2)(7), 16, Sch. 6 it is provided that Pt. IV (first appearing in text) shall cease to have effect and is repealed (1.4.1991) and by s. 2(1) of that 1989 Act (coming into force 1.4.1991) it is provided that there shall be inserted as Part IV (appearing second in text) of this 1988 Act the provisions set out in Schedule 2 to that 1989 Act which– (a) apply both to the licensing of the drivers of large goods vehicles and to the licensing of the drivers of passenger-carrying vehicles (as there defined); and (b) re-enact and assimilate certain of the provisions of Part IV of the 1988 Act (as originally enacted) and of section 22 of the Public Passenger Vehicles Act 1981 to take account of the abolition by section 1 above of special licences to drive heavy goods vehicles and public service vehicles and the granting after the appointed day of licences to drive such vehicles under Part III of the 1988 Act

F17S. 114(1)(a)(b) and words substituted for words in s. 114(1) (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2 Sch. 1 para. 22

[F18115 Revocation or suspension of licences.E+W+S

(1)A large goods vehicle or passenger-carrying vehicle driver’s licence—

(a)must be revoked if there come into existence, in relation to its holder, such circumstances relating to his conduct as may be prescribed;

(b)must be revoked or suspended if his conduct is such as to make him unfit to hold such a licence;

and where the licence is suspended under paragraph (b) above it shall during the time of suspension be of no effect.

(2)Where it appears that the conduct of the holder of a licence falls within both paragraph (a) and paragraph (b) of subsection (1) above, proceedings shall be taken or continued under paragraph (a) and not under paragraph (b) and accordingly the power to suspend the licence, rather than revoke it, shall not be available.

(3)Regulations made for the purposes of [F19this section [F20or any of sections 115A, 117 or 117A] of this Act]

(a)may make different provision for large goods vehicles and for passenger-carrying vehicles and for different descriptions of persons; and

(b)shall provide for the determination of the cases in which,

[F21(i)under section 117 of this Act, a person whose licence has been revoked, or

F21(ii)under section 117A of this Act, a person on whom a notice is served in pursuance of section 115A(1)(a) of this Act,]

is to be disqualified indefinitely or for a period and, if for a period, for the determination of the period.]

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Amendments (Textual)

F18Pt. IV (ss. 110–122): by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(1)(2)(7), 16, Sch. 6 it is provided that Pt. IV (first appearing in text) shall cease to have effect and is repealed (1.4.1991) and by s. 2(1) of that 1989 Act (coming into force 1.4.1991) it is provided that there shall be inserted as Part IV (appearing second in text) of this 1988 Act the provisions set out in Schedule 2 to that 1989 Act which– (a) apply both to the licensing of the drivers of large goods vehicles and to the licensing of the drivers of passenger-carrying vehicles (as there defined); and (b) re-enact and assimilate certain of the provisions of Part IV of the 1988 Act (as originally enacted) and of section 22 of the Public Passenger Vehicles Act 1981 to take account of the abolition by section 1 above of special licences to drive heavy goods vehicles and public service vehicles and the granting after the appointed day of licences to drive such vehicles under Part III of the 1988 Act

F20Words in s. 115(3) substituted (23.7.1996 for specified purposes and otherwise 1.1.1996) by S.I. 1996/1974, reg. 2, Sch. 1 para. 23(a)

F21S. 115(3)(b)(i)(ii) substituted for words in s. 115(3)(b) (23.7.1996 for specified purposes and otherwise (1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 23(b)

F22[115A [F4EU] licence holders: cessation of authorisation, etc.E+W+S

(1)Where, in relation to a holder of a LGV [F4EU] licence or PCV [F4EU] licence who is normally resident in Great Britain—

(a)there exist immediately before the relevant date, or there come into existence on or after that date, such circumstances relating to his conduct as may be prescribed; or

(b)his conduct is such as to make him unfit to be authorised by virtue of section 99A(1) of this Act to drive in Great Britain a large goods vehicle or passenger-carrying vehicle (as the case may be),

the Secretary of State must serve notice on the holder requiring him to deliver the [F4EU] licence F23... immediately to the Secretary of State and it shall be the duty of the holder to comply with that requirement.

(2)Where a notice is served in pursuance of subsection (1)(a) or (b) above on the holder of a LGV [F4EU] licence or a PCV [F4EU] licence, he shall cease to be authorised by virtue of section 99A(1) of this Act to drive in Great Britain a large goods vehicle or passenger-carrying vehicle (as the case may be) from such date as is specified in the notice, not being earlier than the date of service of the notice.

(3)Where it appears to the Secretary of State that the conduct of [F4an] [F4EU] licence holder falls within both paragraph (a) and paragraph (b) of subsection (1) above, the Secretary of State must serve notice on the holder in pursuance of the former paragraph only.

(4)Any [F4EU] licence holder who fails without reasonable excuse to comply with his duty under subsection (1) above is guilty of an offence.

(5)In this section “relevant date", in relation to [F4an] [F4EU] licence holder who is normally resident in Great Britain, has the same meaning as in section 99A(8) of this Act.]

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Amendments (Textual)

F22S. 115A inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 24

[F24116 Revocation or suspension of licences: referral of matters of conduct to traffic commissioners.E+W+S

[F25(1)Any question arising—

(a)under section 115(1)(b) of this Act as to whether a person is or is not, by reason of his conduct, fit to hold a large goods vehicle or passenger-carrying vehicle driver’s licence, as the case may be, or

(b)under section 115A(1)(b) of this Act as to whether the holder of a LGV [F4EU] licence or PCV [F4EU] licence is or is not, by reason of his conduct, fit to be authorised by virtue of section 99A(1) of this Act to drive in Great Britain a large goods vehicle or passenger-carrying vehicle (as the case may be),

may be referred by the Secretary of State to [F26a traffic commissioner] .]

(2)Where, on any reference under [F27subsection (1)(a)]above, [F28a traffic commissioner] determines that the holder of the licence is not fit to hold a large goods vehicle or passenger-carrying vehicle driver’s licence, as the case may be, he shall also determine whether the conduct of the holder of the licence is such as to require the revocation of his licence or only its suspension; and, if the former, whether the holder of the licence should be disqualified under section 117(2)(a) of this Act (and, if so, for what period) or under section 117(2)(b) of this Act.

[F29(2A)Where, on any reference under subsection (1)(b) above, [F30a traffic commissioner] determines that [F4an] [F4EU] licence holder is not fit to be authorised by virtue of section 99A(1) of this Act to drive in Great Britain a large goods vehicle or passenger-carrying vehicle (as the case may be), he shall also determine whether the [F4EU] licence holder—

(a)should be disqualified under section 117A(2)(a) of this Act (and, if so, for what period) or under section 117A(2)(b) of this Act, or

(b)should be granted, free of charge, a large goods vehicle or passenger-carrying vehicle driver’s licence (and, if so, from what date it shall take effect).]

(3)A traffic commissioner [F31dealing with a reference] under subsection (1) above may require the holder of the licence to furnish the commissioner with such information as he may require and may, by notice to the holder, require him to attend before the commissioner at the time and place specified by the commissioner to furnish the information and to answer such questions (if any) relating to the subject matter of the reference as the commissioner may put to him.

(4)If the holder of the licence fails without reasonable excuse to furnish information to or to attend before or answer questions properly put by a commissioner when required to do so under subsection (3) above, [F32the commissioner dealing with the reference may] notify the failure to the

[F33(a)in a case where the licence in question is a LGV [F4EU] licence or a PCV [F4EU] licence, the holder shall cease to be authorised by virtue of section 99A(1) of this Act to drive in Great Britain a large goods or passenger-carrying vehicle (as the case may be) from such date as is specified in a notice served on the holder by the Secretary of State; and

F33(b)in any other case, revoke the licence or suspend it for such period as he thinks fit.]

(5)Except where he has given such a notification as is mentioned in subsection (4) above, [F34a traffic commissioner dealing with a reference] under subsection (1) above shall notify his determination in the matter to the Secretary of State and the holder of the licence and the decision of the commissioner shall be binding on the Secretary of State.

(6)Where the Secretary of State, without making such a reference, determines to revoke or suspend a person’s licence under section 115(1) of this Act he shall notify his determination in the matter to the holder of the licence and, where he suspends it, to [F35a traffic commissioner] .]

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Amendments (Textual)

F24Pt. IV (ss. 110–122): by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(1)(2)(7), 16, Sch. 6 it is provided that Pt. IV (first appearing in text) shall cease to have effect and is repealed (1.4.1991) and by s. 2(1) of that 1989 Act (coming into force 1.4.1991) it is provided that there shall be inserted as Part IV (appearing second in text) of this 1988 Act the provisions set out in Schedule 2 to that 1989 Act which– (a) apply both to the licensing of the drivers of large goods vehicles and to the licensing of the drivers of passenger-carrying vehicles (as there defined); and (b) re-enact and assimilate certain of the provisions of Part IV of the 1988 Act (as originally enacted) and of section 22 of the Public Passenger Vehicles Act 1981 to take account of the abolition by section 1 above of special licences to drive heavy goods vehicles and public service vehicles and the granting after the appointed day of licences to drive such vehicles under Part III of the 1988 Act

F25S. 116(1) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 25(2)

F27Words in s. 116(2) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 25(3)

F29S. 116(2A) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 25(4)

F33S. 116(4)(a)(b) substituted for words in s. 116(4) (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1924, reg. 2, Sch. 1 para. 25(5)

Modifications etc. (not altering text)

C2S. 116 applied (with modifications) by S.I. 1999/2864, reg. 56(7)

[F36117 Disqualification on revocation of licence.E+W+S

(1)Where in pursuance of section 115(1)(a) of this Act the Secretary of State revokes a person’s large goods vehicle or passenger-carrying vehicle driver’s licence, the Secretary of State must, in accordance with the regulations made [F37in pursuance of section 115(3)], order that person to be disqualified indefinitely or for the period determined in accordance with the regulations.

(2)Where in pursuance of section 115(1)(b) of this Act the Secretary of State revokes a person’s large goods vehicle or passenger-carrying vehicle driver’s licence, the Secretary of State may—

(a)order the holder to be disqualified indefinitely or for such period as the Secretary of State thinks fit, or

(b)except where the licence is a provisional licence, if it appears to the Secretary of State that, owing to the conduct of the holder of the licence, it is expedient to require him to comply with the prescribed conditions applicable to provisional licences under Part III of this Act until he passes the prescribed test of competence to drive large goods vehicles or passenger-carrying vehicles of any class, order him to be disqualified for holding or obtaining a full licence until he passes such a test.

F38[(2A)Regulations may make provision for the application of subsections (1) and (2) above, in such circumstances and with such modifications as may be prescribed, where a person’s large goods vehicle or passenger-carrying vehicle driver’s licence is treated as revoked by virtue of section 37(1) of the Road Traffic Offenders Act 1988 (effect of disqualification by order of a court).]

(3)If, while the holder of a large goods vehicle or passenger-carrying vehicle driver’s licence is disqualified under subsection (1) above, the circumstances prescribed for the purposes of section 115(1)(a) of this Act cease to exist in his case, the Secretary of State must, on an application made to him for the purpose, remove the disqualification.

(4)Where the holder of a large goods vehicle or passenger-carrying vehicle driver’s licence is disqualified under subsection (2)(a) above, the Secretary of State may, in such circumstances as may be prescribed, remove the disqualification.

(5)Where the holder of a full licence is disqualified under subsection (2)(b) above, the Secretary of State must not afterwards grant him a full licence to drive a large goods vehicle or passenger-carrying vehicle of any class unless satisfied that he has since the disqualification passed the prescribed test of competence to drive vehicles of that class, and until he passes that test any full licence obtained by him shall be of no effect.

(6)So long as the disqualification under subsection (1) or (2)(a) above of the holder of a large goods vehicle or passenger-carrying vehicle driver’s licence continues in force, a large goods vehicle or passenger-carrying vehicle driver’s licence must not be granted to him and any such licence obtained by him shall be of no effect.

(7)In this section “disqualified”—

(a)in a case of revocation on the ground of the conduct of the holder of the licence as a driver, means disqualified for holding or obtaining a licence under Part III of this Act to drive large goods vehicles of the prescribed classes and passenger-carrying vehicles of the prescribed classes; and

(b)in a case of revocation of a passenger-carrying vehicle driver’s licence on the ground of the conduct of the holder otherwise than as a driver, means disqualified for holding or obtaining a licence under Part III of this Act to drive passenger-carrying vehicles of the prescribed classes.]

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Amendments (Textual)

F36Pt. IV (ss. 110–122): by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(1)(2)(7), 16, Sch. 6 it is provided that Pt. IV (first appearing in text) shall cease to have effect and is repealed (1.4.1991) and by s. 2(1) of that 1989 Act (coming into force 1.4.1991) it is provided that there shall be inserted as Part IV (appearing second in text) of this 1988 Act the provisions set out in Schedule 2 to that 1989 Act which– (a) apply both to the licensing of the drivers of large goods vehicles and to the licensing of the drivers of passenger-carrying vehicles (as there defined); and (b) re-enact and assimilate certain of the provisions of Part IV of the 1988 Act (as originally enacted) and of section 22 of the Public Passenger Vehicles Act 1981 to take account of the abolition by section 1 above of special licences to drive heavy goods vehicles and public service vehicles and the granting after the appointed day of licences to drive such vehicles under Part III of the 1988 Act

F37Words in s. 117(1) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 65(2); S.I. 1992/1286, art. 2,Sch.

[F39117A [F4EU] licences: disqualification etc.E+W+S

(1)Where a notice is served on [F4an] [F4EU] licence holder in pursuance of section 115A(1)(a) of this Act, the Secretary of State must, in accordance with the regulations made in pursuance of section 115(3), order that person to be disqualified indefinitely or for the period determined in accordance with the regulations.

(2)Where a notice is served on [F4an] [F4EU] licence holder in pursuance of section 115A(1)(b) of this Act, the Secretary of State may—

(a)order that person to be disqualified indefinitely or for such period as the Secretary of State thinks fit,

(b)if it appears to the Secretary of State that, owing to the conduct of the [F4EU] licence holder, it is expedient to require him to comply with the prescribed conditions applicable to provisional licences under Part III of this Act until he passes the prescribed test of competence to drive large goods vehicles or passenger-carrying vehicles of any class, order him to be disqualified for holding or obtaining a full licence until he passes such a test, or

(c)on receipt of the [F4EU] licence F40..., grant to the [F4EU] licence holder, [F41, on payment of such fee (if any) as may be prescribed,] a large goods vehicle or passenger-carrying vehicle driver’s licence which shall take effect from such date as the Secretary of State may determine.

[F42(3)Where, in pursuance of subsection (1) or (2) above, the Secretary of State orders [F4an] [F4EU] licence holder to be disqualified the Secretary of State must, on receipt of the [F4EU] licence F40..., grant to the [F4EU] licence holder, [F43, on payment of such fee (if any) as may be prescribed,] a licence authorising the driving of the classes of vehicle which are unaffected by the disqualification.

F42(3A)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 issuing a licence to him under subsection (3) above.]

(4)If, while the holder of a LGV [F4EU] licence or a PCV [F4EU] licence is disqualified under subsection (1) above, the circumstances prescribed for the purposes of section 115A(1)(a) of this Act cease to exist in his case, the Secretary of State must, on an application made to him for the purpose, remove the disqualification.

(5)Where the holder of a LGV [F4EU] licence or a PCV [F4EU] licence is disqualified under subsection (2)(a) above, the Secretary of State may, in such circumstances as may be prescribed, remove the disqualification.

(6)In this section “disqualified”—

(a)in a case where notice is served in pursuance of section 115A(1) of this Act on [F4an] [F4EU] licence holder on the ground of his conduct as a driver, means disqualified for holding or obtaining a licence under Part III of this Act to drive large goods vehicles of the prescribed classes and passenger-carrying vehicles of the prescribed classes; and

(b)in a case where notice is served in pursuance of section 115A(1) of this Act on a holder of a PCV [F4EU] licence on the ground of his conduct otherwise than as a driver, means disqualified for holding or obtaining a licence under Part III of this Act to drive passenger-carrying vehicles of the prescribed classes.]

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Amendments (Textual)

F39S. 117A inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1997/1974, reg. 2, Sch. 1 para. 26

F40Words in s. 117A(2)(c)(3) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 19, Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)

F41Words in s. 117A(2)(c) substituted (27.2.2007) by Road Safety Act 2006 (c. 49), ss. 40(2), 61; S.I. 2007/237, art. 2(c)

F42S. 117A(3)(3A) substituted (1.7.1998) for s. 117A(3) by S.I. 1998/1420, reg. 12

F43Words in s. 117A(3) substituted (27.2.2007) by Road Safety Act 2006 (c. 49), ss. 40(2), 61; S.I. 2007/237, art. 2(c)

[F44118 Revoked or suspended licences: surrender, return and endorsement.E+W+S

(1)Where, in pursuance of section 115 of this Act, the Secretary of State revokes a licence, he must serve notice on the holder of the licence requiring him to deliver the licence F45... forthwith to the Secretary of State, and it shall be the duty of the holder of the licence to comply with the requirement.

[F46(2)Where, in pursuance of section 115 of this Act, the Secretary of State suspends a licence, he must (unless the holder of the licence has already delivered his licence to a traffic commissioner on a reference under section 116 of this Act) serve notice on the holder of the licence requiring him to deliver the licence forthwith to the Secretary of State at the address specified in the notice, and it shall be the duty of the holder of the licence to comply with the requirement.

(2A)On the delivery of the licence or, where the licence has already been delivered to a traffic commissioner, on suspending the licence, the Secretary of State must endorse the particulars of the suspension on the licence holder's driving record.

(2B)The Secretary of State or, as the case may be, [F47a traffic commissioner], must then return the licence to the holder.]

(3)Any holder of a licence who fails without reasonable excuse to comply with his duty under subsection (1) or (2) above is guilty of an offence.

(4)On the delivery of a licence F48... by a person to the Secretary of State in pursuance of subsection (1) above, the Secretary of State must issue to him, on payment of such fee (if any) as may be prescribed, a licence authorising the driving of the classes of vehicles which are unaffected by the revocation.

[F49(4A)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 issuing a licence to him under subsection (4) above.]

F50(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

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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)

F44Pt. IV (ss. 110–122): by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(1)(2)(7), 16, Sch. 6 it is provided that Pt. IV (first appearing in text) shall cease to have effect and is repealed (1.4.1991) and by s. 2(1) of that 1989 Act (coming into force 1.4.1991) it is provided that there shall be inserted as Part IV (appearing second in text) of this 1988 Act the provisions set out in Schedule 2 to that 1989 Act which– (a) apply both to the licensing of the drivers of large goods vehicles and to the licensing of the drivers of passenger-carrying vehicles (as there defined); and (b) re-enact and assimilate certain of the provisions of Part IV of the 1988 Act (as originally enacted) and of section 22 of the Public Passenger Vehicles Act 1981 to take account of the abolition by section 1 above of special licences to drive heavy goods vehicles and public service vehicles and the granting after the appointed day of licences to drive such vehicles under Part III of the 1988 Act

F46S. 118(2)-(2B) substituted for s. 118(2) (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 20(3); S.I. 2015/560, art. 3(a) (with arts. 4-9)

F49S. 118(4A) inserted (1.1.1998) by S.I. 1998/1420, reg. 13

[F51119 Appeals to magistrates’ court or sheriffE+W+S

(1)A person who, being the holder of, or an applicant for, a large goods vehicle or passenger-carrying vehicle driver’s licence [F52or the holder of a LGV [F4EU] licence or a PCV [F4EU] licence], is aggrieved by the Secretary of State’s—

(a)refusal or failure to grant such a licence in pursuance of section 112 or 113(4) of this Act,

(b)suspension or revocation of such a licence in pursuance of section 115 or 116(4) of this Act, or

(c)ordering of disqualification under section 117(2) [F53or 117A(2)] of this Act,

[F54or by a notice served on him in pursuance of section 115A(1) or 116(4) of this Act] may, after giving to the Secretary of State [F55and, if the matter was referred to a traffic commissioner, to the traffic commissioner dealing with the matter] notice of his intention to do so, appeal to a magistrates’ court F56. . . or, in Scotland, to the sheriff within whose jurisdiction [F57the holder of or applicant for the licence] resides.

(2)On any appeal under [F58subsection (1) above (except under paragraph (c) of that subsection)] the Secretary of State and, if the matter was referred to a traffic commissioner, [F59the commissioner dealing with the matter shall] be respondent.

(3)On any appeal under subsection (1) above 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.]

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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)

F51Pt. IV (ss. 110–122): by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(1)(2)(7), 16, Sch. 6 it is provided that Pt. IV (first appearing in text) shall cease to have effect and is repealed (1.4.1991) and by s. 2(1) of that 1989 Act (coming into force 1.4.1991) it is provided that there shall be inserted as Part IV (appearing second in text) of this 1988 Act the provisions set out in Schedule 2 to that 1989 Act which– (a) apply both to the licensing of the drivers of large goods vehicles and to the licensing of the drivers of passenger-carrying vehicles (as there defined); and (b) re-enact and assimilate certain of the provisions of Part IV of the 1988 Act (as originally enacted) and of section 22 of the Public Passenger Vehicles Act 1981 to take account of the abolition by section 1 above of special licences to drive heavy goods vehicles and public service vehicles and the granting after the appointed day of licences to drive such vehicles under Part III of the 1988 Act

F52Words in s. 119(1) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. I para. 27(2)(a)

F53Words in s. 119(1)(c) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. I para. 27(2)(b)

F54Words in s. 119(1) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. I para. 27(2)(c)

F57Words in s. 119(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 308(b); S.I. 2005/910, art. 3

F58Words in s. 119(2) substituted (23.7.1996 for specified purposes amnd otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. I para. 27(3)

[F60120 Regulations.E+W+S

(1)The Secretary of State may make regulations for any purpose for which regulations may be made under this Part of this Act and for prescribing anything which may be prescribed under this Part of this Act and generally for the purpose of carrying the provisions of this Part of this Act into effect.

(2)Regulations under this section may in particular require applicants for tests of competence under Part III of this Act to drive large goods vehicles or passenger-carrying vehicles or for large goods vehicle or passenger-carrying vehicle driver’s licences (whether full or provisional) to have such qualifications, experience and knowledge as may be prescribed and, in particular, where they are to be authorised to drive large goods vehicles or passenger-carrying vehicles of any class at an age below the normal minimum age for driving vehicles of that class, to fulfil such requirements with respect to participation in an approved training scheme for drivers as may be prescribed.

(3)In subsection (2) above—

  • approved training scheme for drivers” means a training scheme for drivers (as defined in section 101(5) of this Act) approved for the time being by the Secretary of State for the purposes of regulations under that section; and

  • normal minimum age for driving”, in relation to the driving of vehicles of any class, means the age which is in force under section 101 of this Act (but apart from any approved training scheme for drivers) in relation to that class of vehicle.

(4)Regulations under this section may make different provision as respects different classes of vehicles or as respects the same class of vehicles in different circumstances.

(5)Regulations under this section may provide that a person who contravenes or fails to comply with any specified provision of the regulations is guilty of an offence.

(6)The Secretary of State may by regulations provide that this Part of this Act shall not apply to large goods vehicles or passenger-carrying vehicles of such classes as may be prescribed either generally or in such circumstances as may be prescribed.]

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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)

F60Pt. IV (ss. 110–122): by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(1)(2)(7), 16, Sch. 6 it is provided that Pt. IV (first appearing in text) shall cease to have effect and is repealed (1.4.1991) and by s. 2(1) of that 1989 Act (coming into force 1.4.1991) it is provided that there shall be inserted as Part IV (appearing second in text) of this 1988 Act the provisions set out in Schedule 2 to that 1989 Act which– (a) apply both to the licensing of the drivers of large goods vehicles and to the licensing of the drivers of passenger-carrying vehicles (as there defined); and (b) re-enact and assimilate certain of the provisions of Part IV of the 1988 Act (as originally enacted) and of section 22 of the Public Passenger Vehicles Act 1981 to take account of the abolition by section 1 above of special licences to drive heavy goods vehicles and public service vehicles and the granting after the appointed day of licences to drive such vehicles under Part III of the 1988 Act

[F61121 Interpretation.E+W+S

(1)In this Part of this Act—

  • [F62conduct” means—

    (a)

    in relation to an applicant for or the holder of a large goods vehicle driver’s licence or the holder of a LGV [F4EU] licence, his conduct as a driver of a motor vehicle, and

    (b)

    in relation to an applicant for or the holder of a passenger-carrying vehicle driver’s licence or the holder of a PCV [F4EU] licence, his conduct both as a driver of a motor vehicle and in any other respect relevant to his holding a passenger-carrying vehicle driver’s licence or (as the case may be) his authorisation by virtue of section 99A(1) of this Act to drive in Great Britain a passenger-carrying vehicle of any class,

    including, in either case, such conduct in Northern Ireland;]

  • F63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • full licence” means a large goods vehicle or passenger-carrying vehicle driver’s licence other than a provisional licence;

  • [F64“large goods vehicle” means a motor vehicle (not being a medium-sized goods vehicle within the meaning of Part III of this Act) which is constructed or adapted to carry or to haul goods and the permissible maximum weight of which exceeds 7.5 tonnes;]

  • passenger-carrying vehicle” means—

    (a)

    a large passenger-carrying vehicle, that is to say, a vehicle used for carrying passengers which is constructed or adapted to carry more than 16 passengers, or

    (b)

    a small passenger-carrying vehicle, that is to say, a vehicle used for carrying passengers for hire or reward which is constructed or adapted to carry more than 8 but not more than 16 passengers [F65and includes a combination of such a motor vehicle and trailer];

  • notice” means notice in writing and “notify” shall be construed accordingly;

  • prescribed” means, unless the context requires otherwise, prescribed by regulations under section 120 of this Act;

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

[F66and “permissible maximum weight” has the same meaning as in Part III 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)

F61Pt. IV (ss. 110–122): by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(1)(2)(7), 16, Sch. 6 it is provided that Pt. IV (first appearing in text) shall cease to have effect and is repealed (1.4.1991) and by s. 2(1) of that 1989 Act (coming into force 1.4.1991) it is provided that there shall be inserted as Part IV (appearing second in text) of this 1988 Act the provisions set out in Schedule 2 to that 1989 Act which– (a) apply both to the licensing of the drivers of large goods vehicles and to the licensing of the drivers of passenger-carrying vehicles (as there defined); and (b) re-enact and assimilate certain of the provisions of Part IV of the 1988 Act (as originally enacted) and of section 22 of the Public Passenger Vehicles Act 1981 to take account of the abolition by section 1 above of special licences to drive heavy goods vehicles and public service vehicles and the granting after the appointed day of licences to drive such vehicles under Part III of the 1988 Act

F62Definition of “conduct" in s. 121(1) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 28(2)(a)

F63S. 121: definition of “counterpart” repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 21, Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)

F64Definition of “large goods Vehicle" in s. 121(1) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 28(2)(c)

F65Words in s. 121(1) definition of “passenger carrying vehicle" inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 28(2)(d)

F66Words in s. 121(1) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 28(2)(e)

[F67122 Provisions as to Northern Ireland licences.E+W+S

(1)In this section “Northern Ireland driving licence” has the same meaning as in Part III of this Act.

(2)The Secretary of State may exercise as respects Great Britain the like power of revoking or suspending any Northern Ireland driving licence and of making an order under section 117(2) of this Act as is conferred on him in relation to a large goods vehicle or passenger-carrying vehicle driver’s licence by sections 115(1)(b) and 117(2) of this Act, and the provisions of sections 115(1), 116, 117 and (with the exception of subsection (3)) 118 shall have effect accordingly F68....

(3)Where a revoked Northern Ireland driving licence [F69is] surrendered to the Secretary of State in pursuance of section 118 of this Act, the Secretary of State shall send [F70it] to the licensing authority in Northern Ireland together with particulars of the revocation.

(4)A holder of a Northern Ireland driving licence who is aggrieved by the revocation or suspension of the licence or the ordering of disqualification by virtue of subsection (2) above shall have the like right of appeal as is conferred by section 119 of this Act except that an appeal brought by virtue of this subsection shall, if the appellant is not resident in Great Britain, lie to a prescribed magistrates’ court or a prescribed sheriff.]

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Amendments (Textual)

F67Pt. IV (ss. 110–122): by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(1)(2)(7), 16, Sch. 6 it is provided that Pt. IV (first appearing in text) shall cease to have effect and is repealed (1.4.1991) and by s. 2(1) of that 1989 Act (coming into force 1.4.1991) it is provided that there shall be inserted as Part IV (appearing second in text) of this 1988 Act the provisions set out in Schedule 2 to that 1989 Act which– (a) apply both to the licensing of the drivers of large goods vehicles and to the licensing of the drivers of passenger-carrying vehicles (as there defined); and (b) re-enact and assimilate certain of the provisions of Part IV of the 1988 Act (as originally enacted) and of section 22 of the Public Passenger Vehicles Act 1981 to take account of the abolition by section 1 above of special licences to drive heavy goods vehicles and public service vehicles and the granting after the appointed day of licences to drive such vehicles under Part III of the 1988 Act

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