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Road Traffic Act 1988

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F2[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 )F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)[F4Subsection (1) above does]] not apply in relation to disqualification by virtue of section 101 of this Act.

(5)[F5Subsection (1)(b) above does] not apply in relation to disqualification by virtue of section 102 of this Act.

(6)In the application of [F6subsection (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 [F7117 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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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.

Extent Information

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

Amendments (Textual)

F4Words 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)

F5Words 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)

F6Words 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)

F7Words 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)

C4S. 103 modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), {art. 27(2)-(4)(6)}

[F8103 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 [F9117 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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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.

Extent Information

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

Amendments (Textual)

F9Words 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)

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