Road Traffic Act 1988

[F1117A Community licences: disqualification etc.E+W+S

(1)Where a notice is served on a Community 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 a Community 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 Community 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 Community licence and its counterpart (if any), grant to the Community licence holder, [F2, 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.

[F3(3)Where, in pursuance of subsection (1) or (2) above, the Secretary of State orders a Community licence holder to be disqualified the Secretary of State must, on receipt of the Community licence and its counterpart (if any), grant to the Community licence holder, [F4, 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.

F3(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 Community licence or a PCV Community 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 Community licence or a PCV Community 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 a Community 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 Community 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.]

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Amendments (Textual)

F1S. 117A inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1997/1974, reg. 2, Sch. 1 para. 26

F3S. 117A(3)(3A) substituted (1.7.1998) for s. 117A(3) by S.I. 1998/1420, reg. 12