CoronavirusSee Coronavirus legislation
on legislation.gov.uk
Get Coronavirus guidance from GOV.UK
Additional advice for Scotland | Wales | Northern Ireland

Search Legislation

Road Traffic Act 1988

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Disabled persons: emergency control certificates, etc

 Help about opening options

Changes to legislation:

Road Traffic Act 1988, Cross Heading: Disabled persons: emergency control certificates, etc 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. Help about Changes to Legislation

Close

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 Part V Crossheading Disabled-persons-emergency-control-certificates-etc:

  • s. 133A heading words omitted by 2015 c. 20 Sch. 2 para. 11(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. 133A cross-heading words omitted by 2015 c. 20 Sch. 2 para. 11(7) (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 heading words omitted by 2015 c. 20 Sch. 2 para. 14(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)

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):

[F1[F2Disabled persons:] emergency control certificates, etc]E+W+S

Textual Amendments

F1Ss. 133A, 133B and cross-heading inserted (9.9.1996) by 1993 c. 31, s.3; S.I. 1996/1980, art. 2

F2Words in s. 133A cross-heading omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 24(7); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

[F4133A Assessment of [F3disabled person’s] ability to control a motor car in an emergency.E+W+S

(1)This section applies to any person who, by or under any provision of this Part of this Act,—

(a)is authorised to apply to undergo an emergency control assessment, or

(b)is required by the Registrar to submit himself for an emergency control assessment.

(2)An emergency control assessment is an assessment of whether the person being assessed would be able either—

(a)to take control of a motor car of a [F5prescribed class] without any modifications, or

(b)to take control of a motor car of a [F6prescribed class] only with appropriate modifications of such a motor car,

if an emergency arose while he was giving, in such a motor car, instruction in the driving of [F7a] motor car.

(3)Where a person is authorised to apply to undergo an emergency control assessment, for the application to be duly made, it must be made to the Secretary of State and must include—

(a)a declaration by the person making the application, in such form as the Secretary of State may require, stating every relevant disability or prospective disability from which the person is suffering or has at any time (or, if a period is prescribed by regulations, has during that period) suffered; and

(b)such other particulars as the Secretary of State may require.

(4)Where a person is required to submit himself for an emergency control assessment he must furnish to the Secretary of State such particulars as the Secretary of State may require.

[F8(4A)Regulations may require a person who applies to undergo an emergency control assessment (or a part of such an assessment), or is required to submit himself for such an assessment, to pay a fee to the Secretary of State.]

(5)An emergency control assessment—

(a)shall be conducted by a person appointed by the Secretary of State (in this section referred to as “the assessor”); and

(b)shall consist of such practical tests and other means of assessment as the Secretary of State may determine.

(6)On completing an emergency control assessment of a person, the assessor shall grant him an emergency control certificate if he is satisfied either—

(a)that, in the circumstances mentioned in subsection (2) above, that person would be able to take control of a motor car of a [F9prescribed class] without any modifications, or

(b)that, in the circumstances mentioned in subsection (2) above, that person would be able to take control of a motor car of a [F10prescribed class] only with appropriate modifications of such a motor car;

but if the assessor is not so satisfied, he shall refuse to grant a certificate to that person.

(7)An emergency control certificate granted to any person—

(a)shall specify the class of motor car [F11covered by his disabled person’s limited driving licence] in relation to which the assessor is satisfied as mentioned in subsection (6)(a) or (b) above, specifying, in a case falling within paragraph (b) the modifications that are appropriate; and

(b)may include a recommendation that that person should undergo a further emergency control assessment after the end of such period as is specified in the certificate;

and shall otherwise be in such form as the Secretary of State may determine.

(8)Different modifications for different classes of motor car may be specified under subsection (7)(a) above.

(9)The assessor who has assessed any person under this section—

(a)if he grants an emergency control certificate, shall—

(i)give or send the certificate to that person, and

(ii)send a copy of the certificate to the Registrar; and

(b)if he refuses to grant such a certificate, shall—

(i)give notice in writing to that person of his decision and of the reasons for it, and

(ii)send a copy of the notice to the Registrar.]

[F12(10)In this Part, “modifications”, in relation to a motor car, includes equipment.]

Textual Amendments

F3Words in s. 133A heading omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 24(6); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F4Ss. 133A, 133B and cross-heading inserted (9.9.1996) by 1993 c. 31, s. 3; S.I. 1996/1980, art. 2

F5Words in s. 133A(2)(a) substituted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 24(2)(a); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F6Words in s. 133A(2)(b) substituted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 24(2)(b); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F7Word in s. 133A(2) substituted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 24(2)(c); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F8S. 133A(4A) inserted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 10; S.I. 2002/658, art. 2(2), Sch. Pt. 2

F9Words in s. 133A(6)(a) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 24(3)(a); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F10Words in s. 133A(6)(b) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 24(3)(b); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F11Words in s. 133A(7)(a) omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 24(4); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

Modifications etc. (not altering text)

C1S. 133A excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

[F13133B Further assessments.E+W+S

[F14(1)A person who has undergone an emergency control assessment may not apply to undergo a further assessment until after the end of—

(a)the period of six months beginning with the date of his most recent previous assessment, or

(b)such other period as may be prescribed by regulations,

unless, by virtue of section 125B(6)(a) of this Act or subsection (2) below, he is required by the Registrar to submit himself for a further assessment.]

(2)A person whose name is not on the register but who holds a current emergency control certificate shall, if at any time required to do so by the Registrar, submit himself for a further emergency control assessment on the day (within such period as may be prescribed by regulations) and at the place specified by the Registrar.

[F15(2A)A person may, for the purpose of obtaining an emergency control certificate, apply to undergo a further emergency control assessment if—

(a)he has been required to submit himself for an emergency control assessment—

(i)under section 125(2C) or 129(1B), or

(ii)as mentioned in section 125(5)(a)(ii) or 129(5ZA),

(b)on completing that assessment, the assessor refused to grant him an emergency control certificate, and

(c)the application for the further assessment is made in such circumstances as may be prescribed.]

[F16(3)In considering whether to exercise, in respect of any person, his power under subsection (2) above, the Registrar shall have regard to any recommendation included in that person’s current emergency control certificate as to the period after the end of which he should undergo a further emergency control assessment.]

(4)A person who—

(a)holds a current emergency control certificate, but

(b)wishes to undergo a further emergency control assessment with a view to establishing his ability to control any class of motor car not specified in his current certificate,

may, with the consent of the Registrar and subject to [F17subsection (5A)], apply to undergo a further assessment; but a person applying to undergo a further assessment under this subsection shall not be required to make the declaration required by section 133A(3)(a) of this Act.

(5)An application made under subsection (4) above for the consent of the Registrar shall be made in such manner and be accompanied by such particulars as the Registrar may require.

[F18(5A)A person may not apply to undergo a further emergency control assessment under subsection (4) until after the end of—

(a)the period of six months beginning with the date of his most recent previous assessment, or

(b)such other period as may be prescribed by regulations,

unless the Registrar considers it appropriate for the application to be made at such earlier time as may be specified by the Registrar.]

(6)If, as a result of undergoing a further emergency control assessment, a person is granted a fresh emergency control certificate the grant of that certificate shall, with effect from the date on which it is notified as taking effect, revoke the previous certificate.

(7)If, in the case of an emergency control assessment conducted in respect of a person who holds a current emergency control certificate, the assessor is not satisfied as to either of the matters specified in paragraphs (a) and (b) of section 133A(6), he shall revoke the certificate.

(8)Where a person’s emergency control certificate is revoked under subsection (7) above the assessor shall—

(a)serve notice in writing on him specifying—

(i)the grounds for the revocation, and

(ii)the date, not being earlier than the date of service of the notice, on which the revocation is to take effect, and

(b)send a copy of the notice to the Registrar.

(9)In this section “assessor” has the same meaning as in section 133A of this Act.]

Textual Amendments

F13Ss. 133A, 133B and cross-heading inserted (9.9.1996) by 1993 c. 31, s. 3; S.I. 1996/1980, art. 2

F17Words in s. 133B(4) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 25(5); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

Modifications etc. (not altering text)

C2S. 133B excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

[F19133C Duty to disclose further disability.E+W+S

(1)This section applies to—

[F20(a)persons whose names are in the register, and]

(b)persons who hold licences under section 129 of this Act [F21granted by virtue of subsection (2)(b) of that section].

(2)If at any time a person to whom this section applies becomes aware—

(a)that he is suffering from a relevant or prospective disability which he has not previously disclosed to the Secretary of State under section [F22125(2A), 129(1A)] or 133A(3) or (4) of this Act, 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 his current emergency control certificate was granted,

he must forthwith notify the Registrar in writing of the nature and extent of his disability.

(3)Subsection (2) above does not require a person to notify the Registrar 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.

(4)A person who fails without reasonable excuse to notify the Registrar as required by subsection (2) above is guilty of an offence.]

Textual Amendments

F19S. 133C inserted (9.9.1996) by 1993 c. 31, s.4; S.I. 1996/1980, art. 2

F21Words in s. 133C(1)(b) omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 26(2)(b); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F22Words in s. 133C(2)(a) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 26(3); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

Modifications etc. (not altering text)

C3S.133C excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

[F23133D Offences relating to giving [F24by disabled person] of paid driving instruction.E+W+S

[F25(1)This section applies to—

(a)persons whose names are in the register, and

(b)persons who hold licences under section 129 of this Act,

who have undergone emergency control assessments in accordance with a requirement imposed under section 125(2C) or 129(1B) or as mentioned in section 125(5)(a)(ii) or 129(5ZA)(a).]

(2)No person to whom this section applies shall give paid instruction in the driving of a motor car unless he is the holder of a current emergency control certificate.

(3)No person to whom this section applies shall give, in any unauthorised motor car, paid instruction in the driving of a motor car.

[F26(3A)Subsection (3) does not apply if the person to whom the instruction is given holds a full licence granted under Part 3 which is not limited by virtue of a notice served under section 92(5)(b).]

(4)Where instruction is given in contravention of this section—

(a)the person by whom it is given, and

(b)if that person is employed by another to give that instruction, that other, as well as that person,

is guilty of an offence.

(5)In subsection (3) above “unauthorised motor car”, in relation to any person, means a motor car other than one which falls within the class of motor car specified in his current emergency control certificate and, where modifications are specified in that certificate, is modified in accordance with the specification.]

Textual Amendments

F23S. 133D inserted (9.9.1996) by 1993 c. 31, s. 5 ; S.I. 1996/1980, art. 2

F24Words in s. 133D heading omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 27(4); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

Modifications etc. (not altering text)

C4S. 133D excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

[F27133EDirection to disregard emergency control assessment requirementE+W+S

(1)This section applies where a person has been required—

(a)under section 125(2C) or 129(1B), or

(b)as mentioned in section 125(5)(a)(ii) or 129(5ZA),

to submit himself for an emergency control assessment.

(2)At any time before the assessment takes place the Registrar may withdraw the requirement (in which case this Part applies as if the requirement had never been imposed).

(3)At any time after the assessment takes place the Registrar may direct that the requirement is to be disregarded for the purposes of this Part (and accordingly any condition that the person holds an emergency certificate is to cease to apply).

(4)Notice of—

(a)the withdrawal of a requirement under subsection (2), or

(b)a direction under subsection (3),

must be given to the person on whom the requirement was imposed.]

Textual Amendments

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources