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Road Traffic Act 1988
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Changes over time for: Section 117A
Changes to legislation:
Road Traffic Act 1988, Section 117A is up to date with all changes known to be in force on or before 31 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.
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 The amending provision has been repealed)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
[F2117A [F1EU] licences: disqualification etc.E+W+S
(1)Where a notice is served on [F1an] [F1EU] 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 [F1an] [F1EU] 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 [F1EU] 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 [F1EU] licence F3..., grant to the [F1EU] licence holder, [F4, 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.
[F5(3)Where, in pursuance of subsection (1) or (2) above, the Secretary of State orders [F1an] [F1EU] licence holder to be disqualified the Secretary of State must, on receipt of the [F1EU] licence F3..., grant to the [F1EU] licence holder, [F6, 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.
F5(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 [F1EU] licence or a PCV [F1EU] 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 [F1EU] licence or a PCV [F1EU] 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 [F1an] [F1EU] 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 [F1EU] 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.]
Textual Amendments
F1Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))
F2S. 117A inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1997/1974, reg. 2, Sch. 1 para. 26
F3Words 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)
F4Words 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)
F5S. 117A(3)(3A) substituted (1.7.1998) for s. 117A(3) by S.I. 1998/1420, reg. 12
F6Words 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)
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