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Road Traffic Act 1988

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99 Duration of licences.E+W+S

(1)[F1In so far as a licence authorises its holder to drive motor vehicles of classes other than any prescribed class of goods vehicle or any prescribed class of passenger-carrying vehicle, it] shall, unless previously revoked or surrendered, remain in force, subject to subsection (2) below—

(a)except in a case falling within paragraph (b) or (c) of this subsection, for the period ending on the seventieth anniversary of the applicant’s date of birth or for a period of three years, whichever is the longer,

(b)except in a case falling within paragraph (c) of this subsection, if the Secretary of State so determines in the case of a licence to be granted to a person appearing to him to be suffering from a relevant or prospective disability, for such period [F2as the Secretary of State may determine which shall be a period—

(i)of not more than ten years and not less than one year, ending on or before the seventieth anniversary of the applicant's date of birth, or

(ii)where, at the time the licence is granted, there are less than three years until that seventieth anniversary or where the licence is granted on or after that anniversary, of not more than three years and not less than one year], and

(c)in the case of a licence granted in exchange for a subsisting licence and in pursuance of an application requesting a licence for the period authorised by this paragraph, for a period equal to the remainder of that for which the subsisting licence was granted,

and any such period shall begin with the date on which the licence in question is expressed to come into force.

[F3(1A)In so far as a licence authorises its holder to drive any prescribed class of goods vehicle or passenger-carrying vehicle, it shall, unless previously revoked, suspended or surrendered, remain in force—

(a)except in a case falling within paragraph (c) or (d) of this subsection—

(i)for the period ending on the forty-fifth anniversary of the applicant’s date of birth or for a period of five years, whichever is the longer, or

(ii)where the applicant’s age at the date on which the licence is to come into force will exceed forty-five but not sixty-five years, for the period ending on the sixty-sixth anniversary of the applicant’s date of birth or for a period of five years, whichever is the shorter,

(b)except in a case falling within paragraph (d) of this subsection, where the applicant’s age at that date will exceed sixty-five years, for a period of one year,

(c)except in a case falling within paragraph (b) or (d) of this subsection, if the Secretary of State so determines in the case of a licence to be granted to a person appearing to him to be suffering from a relevant or prospective disability, for such period of not more than three years and not less than one year as the Secretary of State may determine, and

(d)in the case of a licence granted in exchange for a subsisting licence and in pursuance of an application requesting a licence for the period authorised by this paragraph, for a period equal to the remainder of that for which the subsisting licence was granted,

and any such period shall begin with the date on which the licence in question is expressed to come into force.]

(2)To the extent that a provisional licence authorises the driving of a motor [F4bicycle][F5or moped]of a prescribed class it shall, unless previously surrendered or revoked, remain in force—

(a)for such period as may be prescribed, or

(b)if the licence is granted to the holder of a previous licence which was surrendered, revoked or treated as being revoked—

(i)for the remainder of the period for which the previous licence would have authorised the driving of such a motor [F4bicycle][F5or moped], or

(ii)in such circumstances as may be prescribed, for a period equal to that remainder at the time of surrender or revocation.

[F6(2A)Where in accordance with the preceding provisions of this section, a licence in the form of a photocard remains in force after the last day of the administrative validity period, the holder of the licence must nevertheless surrender the licence F7... to the Secretary of State not later than that day.

(2B)Subject to subsections (2C) to (2H), the administrative validity period of a licence in the form of a photocard is—

(a)where the licence authorises its holder to drive any class of goods vehicle or passenger-carrying vehicle prescribed for the purposes of subsection (1A) otherwise than for a purpose mentioned in section 97(2) or by virtue of section 98(2), the period of 5 years beginning with the date shown on the licence as the date of issue; and

(b)in any other case, the period of 10 years beginning with the date shown on the licence as the date of issue.

(2C)In the case of a licence issued before 19th January 2013, the administrative validity period is the period of 10 years beginning with—

(a)the date shown on the licence as the date of issue, or

(b)if the licence was granted by way of renewal or replacement of a licence bearing the same photograph, the date shown on the earliest licence bearing that photograph as the date of issue of that licence.

(2D)Where under subsection (3) or (4) a person is required to surrender a licence and the Secretary of State grants a new licence under subsection (7), the administrative validity period of the new licence is—

(a)a period equal to the unexpired part of the administrative validity period of the old licence; or

(b)if that person so elects in such manner as the Secretary of State may require and pays any fee prescribed, a new administrative validity period calculated in accordance with subsection (2B).

(2E)Subject to subsection (2F), where under section 97 the Secretary of State grants a licence (the “new licence”) to a person who has previously held a licence, the administrative validity period of the new licence is—

(a)a period equal to the unexpired part (if any) of the administrative validity period of the person’s last licence (the “old licence”), or

(b)if the person so elects in such manner as the Secretary of State may require and pays any fee prescribed, a new administrative validity period calculated in accordance with subsection (2B).

(2F)Subsection (2E) does not apply if—

(a)the old licence was revoked by notice under section 93(1) or (2) (revocation because of disability or prospective disability);

(b)the old licence did not authorise the holder to drive any class of goods vehicle or passenger-carrying vehicle prescribed for the purposes of subsection (1A) otherwise than for a purpose mentioned in section 97(2) or by virtue of section 98(2), and the new licence does; or

(c)the old licence was granted only for a purpose mentioned in section 97(2) and the new licence is a full licence.

(2G)Subsections (2C)(b), (2D)(a) and (2E)(a) are subject to any adjustment the Secretary of State makes in a new licence to correct an error that appears to the Secretary of State to have been made in particulars specified in an earlier licence.

(2H)Where the administrative validity period of a licence under any of subsections (2B) to (2E) would otherwise be longer than the period for which the licence remains in force under subsection (1) or (1A) (the “entitlement period”), the administrative validity period ends with the last day of the entitlement period.]

(3)Where it appears to the Secretary of State—

[F8(a)that a licence granted by him to any person was granted in error or with an error or omission in the particulars specified in the licence, or

F9(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

(b)that the particulars specified in a licence granted by him to any person F10... do not comply with any requirement imposed since the licence was granted by any provision made by or having effect under any enactment,

the Secretary of State may serve notice in writing on that person revoking the licence and requiring him to surrender the licence F11... forthwith to the Secretary of State [F12and it shall be the duty of that person to comply with the requirement].

[F13(3ZA)Where it appears to the Secretary of State that a licence holder is not lawfully resident in the United Kingdom, the Secretary of State may serve notice in writing on that person revoking the licence and requiring the person to surrender the licence F14... forthwith to the Secretary of State, and it is the duty of that person to comply with the requirement.

(3ZB)For the purposes of subsection (3ZA) a person is not lawfully resident in the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.]

[F15(3A)Where—

(a)the Secretary of State is sent under a provision of Northern Ireland law corresponding to section 97(1AA) of this Act a licence granted under this Part of this Act to a person to drive a motor vehicle of any class, and

(b)the Secretary of State is satisfied that a Northern Ireland licence to drive a motor vehicle of that or a corresponding class has been granted to that person,

the Secretary of State must serve notice in writing on that person revoking the licence granted under this Part of this Act.]

(4)Where the name or address of the licence holder as specified in a licence ceases to be correct, its holder must forthwith surrender the licence F16... to the Secretary of State F17... .

(5)A person who [F18without reasonable cause]fails to comply with the duty under subsection [F19(2A),][F18(3) [F20, (3ZA)] or](4) above is guilty of an offence.

(6)Where a person who has a duty under this section to surrender his licence F21... is not in possession of [F22it] in consequence of the fact that he has surrendered [F22it] to a constable or authorised person (within the meaning of Part III of the M1Road Traffic Offenders Act 1988) on receiving a fixed penalty notice given to him under section 54 of that Act, he does not fail to comply with the duty if he surrenders the licence F21... to the Secretary of State immediately on [F23its] return.

[F24(6A)In subsection (7ZZA)—

(a)omit “and its counterpart” in both places, and

(b)omit “and counterpart”.]

F25[F26(7)On the surrender of a licence F27... by a person in pursuance of subsection (2A), (3) or (4) above, the Secretary of State must (subject to the following provisions of this section) grant a new licence to that person F28. . . .

[F29(7ZZA)Where a person is required to surrender a licence F30... in pursuance of subsection (2A), (3) [F31, (3ZA)] or (4) but provides the Secretary of State with an explanation for not doing so which the Secretary of State considers adequate, the Secretary of State may (subject to the following provisions of this section) treat the licence F32... as surrendered in accordance with the requirements of those subsections and [F33, except in the case of a licence F34... surrendered in pursuance of subsection (3ZA), ] may grant a new licence F35... to that person.]

[F26(7ZA)The Secretary of State is not required by subsection (7) above to grant a new licence on the surrender of a licence F36... by a person in pursuance of subsection (2A) above [F37, or in pursuance of subsection (3) or (4) where an election is made under subsection (2D)(b),] unless the person has paid the fee (if any) which is prescribed; but any other licence under [F38subsection (7)] is to be granted free of charge.]

F25(7A)Where the surrendered licence was revoked because it was granted in error or in consequence of an error or omission appearing to the Secretary of State to be attributable to the fault of the licence holder or in consequence of a current disqualification, [F39subsections (7) and (7ZZA)] shall not apply but the Secretary of State may, if the person is not currently disqualified, grant a new licence to that person on payment of the fee (if any) which is prescribed.

[F40(7AA)The Secretary of State may not grant a new licence to a person under subsection (7), (7ZZA) or (7A) above unless, on the date on which the licence is granted, the person is lawfully resident in the United Kingdom and—

(a)is also normally resident in Great Britain, or

(b)has been attending a course of study in Great Britain during the period of 6 months ending on that date.

(7AB)For the purposes of subsection (7AA) a person is not lawfully resident in the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.]

F25(7B)The Secretary of State may require a person to provide—

(a)evidence of his name, address, sex and date and place of birth, F41...

(b)a photograph which is a current likeness of him,[F42and

(c)any information required by subsection (7C),]

before granting a new licence to him under subsection (7) [F43, (7ZZA)] or (7A) above.

[F44(7C)In a case where—

(a)a person surrenders a licence, and

(b)the surrender is in pursuance of subsection (2A) or an election has otherwise been made under subsection (2D)(b) or (2E)(b),

the person must provide such evidence or further evidence as the Secretary of State may require for the purpose of satisfying the Secretary of State that the person is not suffering from a relevant or prospective disability.]

F25(8)A replacement licence granted pursuant to subsection (7) [F45, (7ZZA)] or (7A) above shall expire on the date on which the surrendered licence would have expired had it not been surrendered except that, where the period for which the surrendered licence was granted was based on an error with respect to the licence holder’s date of birth such that (if that error had not been made) that licence would have been expressed to expire on a different date, the replacement licence shall expire on that different date.]

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Amendments (Textual)

F1Words commencing “In so far as" substituted (1.4.1991) for words “A licence" by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 12(a)

F2Words in s. 99(1)(b) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(o), Sch. 10 para. 2

F4Words in s. 99(2) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 8

F5Words in s. 99(2) inserted (1.7.1998) by S.I. 1998/1420, reg. 8(2)

F8S. 99(3) paras. (a)(aa) substituted for para. (a) by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 5(a)(i)

F13S. 99(3ZA)(3ZB) inserted (14.7.2014) by Immigration Act 2014 (c. 22), ss. 47(1)(a), 75(3); S.I. 2014/1820, art. 2(e)

F14Words in s. 99(3ZA) omitted (8.6.2015) by virtue of Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 9(3A); S.I. 2015/560, art. 3(a) (with arts. 4-9) (as inserted by Immigration Act 2014 (c. 22), Sch. 9 para. 64(a); S.I. 2014/1820, art. 2(g))

F17Words in s. 99(4) omitted (1.7.1998) by virtue of S.I. 1998/1420, reg. 8(4)

F19Words in s. 99(5) inserted (1.7.1998) by s.I. 1998/1420, reg. 8(5)

F20Word in s. 99(5) inserted (14.7.2014) by Immigration Act 2014 (c. 22), ss. 47(1)(b), 75(3); S.I. 2014/1820, art. 2(e)

F24Words in s. 99(7ZZA) omitted by 2006 c. 49, Sch. 3 para. 9(6A) (as inserted) (20.4.2012) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 2 para. 3(2)

F25S. 99(7)-(8) substituted (1.7.1998) for s. 99(7)(8) by S.I. 1998/1420, reg. 8(1)(6)

F28Words in s. 99(7) repealed (27.2.2007) by Road Safety Act 2006 (c. 49), ss. 40(1)(a), 59, 61, Sch. 7(12); S.I. 2007/237, art. 2(c)

F30Words in s. 99(7ZZA) omitted (8.6.2015) by virtue of Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 9(6A)(a); S.I. 2015/560, art. 3(a) (with arts. 4-9) (as inserted by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), Sch. 2 para. 3(2))

F31Word in s. 99(7ZZA) inserted (14.7.2014) by Immigration Act 2014 (c. 22), ss. 47(1)(c)(i), 75(3); S.I. 2014/1820, art. 2(e)

F32Words in s. 99(7ZZA) omitted (8.6.2015) by virtue of Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 9(6A)(a); S.I. 2015/560, art. 3(a) (with arts. 4-9) (as inserted by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), Sch. 2 para. 3(2))

F33Words in s. 99(7ZZA) inserted (14.7.2014) by Immigration Act 2014 (c. 22), ss. 47(1)(c)(ii), 75(3); S.I. 2014/1820, art. 2(e)

F34Words in s. 99(7ZZA) omitted (8.6.2015) by virtue of Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 9(6A)(b); S.I. 2015/560, art. 3(a) (with arts. 4-9) (as inserted by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), Sch. 2 para. 3(2))

F35Words in s. 99(7ZZA) omitted (8.6.2015) by virtue of Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 9(6A)(b); S.I. 2015/560, art. 3(a) (with arts. 4-9) (as inserted by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), Sch. 2 para. 3(2))

Modifications etc. (not altering text)

C1S. 99 applied (S.) (21.3.1999) by S.I. 1999/854, art. 3(4)(a)(b)

Marginal Citations

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