Road Traffic Act 1988

Changes over time for: Cross Heading: Appeals

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Changes to legislation:

Road Traffic Act 1988, Cross Heading: Appeals is up to date with all changes known to be in force on or before 29 May 2020. 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.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

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

s. 34A inserted by 2000 c. 37 Sch. 7 para. 6 (This amendment not applied to legislation.gov.uk. The amending provision has been repealed)
s. 41(2)(m) inserted by 2006 c. 49 s. 18(1)(a)
s. 41(2)(ba) inserted by 2006 c. 49 s. 56(3)
s. 49(3A) inserted by 2006 c. 49 s. 48(1)
s. 55(1A)-(1C) inserted (temp.) by S.I. 2019/648 reg. 2(2)(a) (This amendment is temp. and expires at the end of a period of 2 years beginning with IP completion day)
s. 55(2A) inserted (temp.) by S.I. 2019/648 reg. 2(2)(c) (This amendment is temp. and expires at the end of a period of 2 years beginning with IP completion day)
s. 55(9) inserted (temp.) by S.I. 2019/648 reg. 2(2)(e) (This amendment is temp. and expires at the end of a period of 2 years beginning with IP completion day)
s. 57(1ZA)(1ZB) inserted (temp.) by S.I. 2019/648 reg. 2(3)(a) (This amendment is temp. and expires at the end of a period of 2 years beginning with IP completion day)
s. 58(8) inserted (temp.) by S.I. 2019/648 reg. 2(4)(c) (This amendment is temp. and expires at the end of a period of 2 years beginning with IP completion day)
s. 66(7A) inserted by 2006 c. 49 s. 56(5)
s. 85(1) words inserted (temp.) by S.I. 2019/648 reg. 2(5)(b) (This amendment is temp. and expires at the end of a period of 2 years beginning with IP completion day)
s. 85(1) words inserted (temp.) by S.I. 2019/648 reg. 2(5)(c) (This amendment is temp. and expires at the end of a period of 2 years beginning with IP completion day)
s. 85(1) words omitted (temp.) by S.I. 2019/648 reg. 2(5)(a) (This amendment is temp. and expires at the end of a period of 2 years beginning with IP completion day)
s. 85(1) words omitted (temp.) by S.I. 2019/648 reg. 2(5)(d) (This amendment is temp. and expires at the end of a period of 2 years beginning with IP completion day)
s. 85(2) added by 1988 c. 54 Sch. 2 para. 17(c)
s. 97(1)(c)(ia) words repealed by 2006 c. 49 Sch. 3 para. 6(2)(b) Sch. 7(4)
s. 97(1)(d)(ii) words omitted by S.I. 2018/1251 reg. 2(4)
s. 97(1ZA) inserted by 2006 c. 49 s. 38(2)
s. 108(1BA) inserted by S.I. 2018/1251 reg. 2(5)(c)
s. 123 123A substituted for s. 123 by 2006 c. 49 Sch. 6 para. 2
s. 123A(3) words inserted by 2009 c. 17 s. 1(3)
s. 124(3)-(5) inserted by 2009 c. 17 s. 3
s. 124(6) inserted by 2015 c. 20 Sch. 2 para. 2(b) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 125(3A)-(3D) inserted by 2015 c. 20 Sch. 2 para. 3(2) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 125(5A) inserted by 2015 c. 20 Sch. 2 para. 3(3) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 125A(5)-(7E) substituted for s. 125A(5)-(7) by 2006 c. 49 Sch. 6 para. 6(3)
s. 125ZA inserted by 2006 c. 49 Sch. 6 para. 5
s. 125ZA(2)(b) word omitted by 2015 c. 20 Sch. 2 para. 4(2)(a) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 125ZA(2)(d) and word inserted by 2015 c. 20 Sch. 2 para. 4(2)(b) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 125ZA(4)(c) word omitted by 2015 c. 20 Sch. 2 para. 4(3)(c) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 125ZA(4)(c) words substituted by 2015 c. 20 Sch. 2 para. 4(3)(b) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 125ZA(4)(ba)(bb) inserted by 2015 c. 20 Sch. 2 para. 4(3)(a) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 125ZA(4)(ca) inserted by 2015 c. 20 Sch. 2 para. 4(3)(d) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 126(5) omitted by 2015 c. 20 Sch. 2 para. 6 (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 126A inserted by 2016 c. 16 s. 1(3)
s. 126A omitted (cond.) by 2006 c. 49 Sch. 6 para. 8A (as inserted) by 2016 c. 16 s. 3(3)
s. 126A heading words inserted by S.I. 2016/1089 reg. 3(2)
s. 126A(1) words inserted by S.I. 2016/1089 reg. 3(3)(a)
s. 126A(1) words inserted by S.I. 2016/1089 reg. 3(3)(b)
s. 128A inserted by 2006 c. 49 Sch. 6 para. 11
s. 128A(4) inserted by 2006 c. 49 Sch. 6 para. 11 (as inserted) by 2016 c. 16 s. 4(4)
s. 128B inserted by 2015 c. 20 Sch. 2 para. 9 (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 128ZA inserted by 2009 c. 17 s. 1(1)
s. 128ZB inserted by 2009 c. 17 s. 2
s. 128AZA 128AZB inserted by 2016 c. 16 s. 2(2)
s. 128AZA 128AZB inserted (cond.) by 2006 c. 49 Sch. 6 para. 10A (as inserted) by 2016 c. 16 s. 4(2)
s. 128AZA 128AZB substituted (cond.) by 2006 c. 49 Sch. 6 para. 10A (as inserted) by 2016 c. 16 s. 4(2)
s. 128AZA heading words inserted by S.I. 2016/1089 reg. 4(2)(a)
s. 128AZA(1) words inserted by S.I. 2016/1089 reg. 4(2)(b)
s. 128AZA(4) words inserted by S.I. 2016/1089 reg. 4(2)(c)
s. 128AZB heading words inserted by S.I. 2016/1089 reg. 4(3)(a)
s. 128AZB(1) words inserted by S.I. 2016/1089 reg. 4(3)(b)(i)
s. 128AZB(1) words inserted by S.I. 2016/1089 reg. 4(3)(b)(ii)
s. 131(3)(b)(c) substituted for s. 131(3)(b) and word by 2006 c. 49 Sch. 6 para. 13(4)
s. 131(6) inserted by 2016 c. 16 s. 2(4)
s. 131(6) inserted by 2006 c. 49 Sch. 6 para. 13(9) (as inserted) by 2016 c. 16 s. 4(5)
s. 131(6) substituted by 2006 c. 49 Sch. 6 para. 13(9) (as inserted) by 2016 c. 16 s. 4(5)
s. 132-133ZA and cross-heading substituted for ss. 132, 133 and cross-heading by 2006 c. 49 Sch. 6 para. 14
s. 133(2)(a) words omitted by 2015 c. 20 Sch. 2 para. 10(a) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 133(2)(b) words omitted by 2015 c. 20 Sch. 2 para. 10(b) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 133D(1A) inserted by 2015 c. 20 Sch. 2 para. 14(2) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 140(1)(2) inserted by 2006 c. 49 Sch. 6 para. 23(2)
s. 140(3) s. 140 renumbered as s. 140(3) by 2006 c. 49 Sch. 6 para. 23(1)
s. 141A(5) words repealed by 2006 c. 49 Sch. 3 para. 24 Sch. 7(4)
s. 143(1A) repealed (cond.) by S.I. 2019/1047 Sch. 2 para. 2 (This amendment not applied to legislation.gov.uk. The insertion of s. 143(1A) by 2018 c. 18, Sch. para. 17 was repealed (1.11.2019) by The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 2 para. 1 (with reg. 5) without ever being brought into force.)
s. 173(2)(g)-(gb) substituted for s. 173(2)(g) by 2006 c. 49 Sch. 6 para. 27
s. 173(2)(n) and word inserted by 2006 c. 49 s. 37(8)
s. 174(1)(da) inserted by 2006 c. 49 Sch. 6 para. 28
s. 183(6A) inserted by 2006 c. 49 Sch. 6 para. 29

AppealsE+W+S

131 Appeals.E+W+S

(1)A person who is aggrieved by a decision of the Registrar—

(a)to refuse an application for the entry of his name in the register, or

(b)to refuse an application for the retention of his name in the register, or

(c)to remove his name from the register,

may [F1appeal to the First-tier Tribunal.]

(2)A person who is aggrieved by a decision of the Registrar—

(a)to refuse an application for the grant of a licence under this Part of this Act, or

(b)to revoke such a licence,

may [F1appeal to the First-tier Tribunal.]

(3)On the appeal the [F2First-tier Tribunal] may make such order—

(a)for the grant or refusal of the application

or,

(b)for the removal or the retention of the name in the register, or the revocation or continuation of the licence,

(as the case may be) as [F3it thinks] fit.

(4)An order for such refusal, removal or revocation may direct that an application by the appellant—

(a)for the grant of a licence under this Part of this Act, or

(b)for his name to be entered in [F4Part 1 of] the register,

shall not be entertained before the expiration of such period, not exceeding four years beginning with the day on which the order is made, as may be specified in the order.

[F5(4A)If the [F6First-tier Tribunal considers] that any evidence adduced on an appeal had not been adduced to the Registrar before he gave the decision to which the appeal relates, [F7it] may (instead of making an order under subsection (3) above) remit the matter to the Registrar for him to reconsider the decision.]

[F8(4B)A person who is aggrieved by a decision of the Registrar not to give a direction under section 127(8), 128(7) or 130(6) of this Act may [F9appeal to the First-tier Tribunal.]

(4C)The [F10First-tier Tribunal] shall determine the appeal by either—

(a)giving the direction concerned, or

(b)dismissing the appeal.

F11. . .

(4D)Where the Registrar has decided to refuse an application for the retention of a name in the register, to remove a name from the register or to revoke a licence granted under section 129 of this Act but either—

(a)he gave a direction under section 127(8), 128(7) or 130(6) of this Act, or

(b)the [F12First-tier Tribunal] have given such a direction on appeal,

he may F13. . . apply to the [F12First-tier Tribunal] for an order that the decision is to take effect immediately.

(4E)The [F14First-tier Tribunal] shall determine the Registrar’s application by either granting or refusing the application.F15. . .

(4F)The [F16First-tier Tribunal] may only grant the application if [F17it considers] that a failure to do so might prejudicially affect—

(a)the well-being of any person to whom the person concerned may give instruction in the driving of a motor car, or

(b)the safety of road users.]

(4G)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 131(1)(2) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(a) (with Sch. 4)

F2Words in s. 131(3) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(b)(i) (with Sch. 4)