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Road Traffic Act 1988

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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—

F1[(a)licences under this Part of this Act, [F2Northern Ireland licences,] [F3and [F4EU] licences],

(b)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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

(d)facilitating identification of holders of licences,

(e)providing for the issue of F6[F7. . . licences F8... in the place of licences F8... ] lost or defaced on payment of such fee [F9, and compliance with such requirements,] as may be prescribed,

F10(ea). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(ee)the correspondence F12. . . 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 F13. . . on licences then in force or issued or on the right to or the subsequent granting of licences [F14or on [F15Northern Ireland licences or] [F4EU] 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 [F16and (in particular) in relation to licences in different forms].

(5)In subsection (1) above “the relevant provisions of the M1Road Traffic Offenders Act 1988” means the following provisions of that Act: sections 2, 7, 8, 23 to 26, 27, 31 [F17, 34 [F18, 35] to 48[F19, 91ZA and 91A]] .

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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)

F1S. 105(2)(a)(b) substituted (23.7.1996) by S.I. 1996/1974, reg. 2, Sch. 1 para. 17(a)

F3Words 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)

F5S. 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}

F6Word in s. 105(2)(e) repealed (1.7.1998) by S.I. 1998/1420, regs. 10(2)(a), 17, Sch.

F9Words in s. 105(2)(e) inserted (1.7.1998) by S.I. 1998/1420, reg. 10(2)(b)

F12Words 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.

F13Words 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.

F14Words in s. 105(2)(f) inserted (23.7.1996) by S.I. 1996/1974, reg. 2, Sch. 1 para. 17(c)

F16Words in s. 105(4) inserted (1.7.1998) by S.I. 1998/1420, reg. 10(3)

F17Words in s. 105(5) substituted (23.7.1996) by S.I. 1996/1974, reg. 2, Sch. 1 para. 17(3)

F18Words 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

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