Road Traffic Offenders Act 1988

Disqualification E+W+S

34 Disqualification for certain offences. E+W+S

(1) Where a person is convicted of an offence involving obligatory disqualification, the court must order him to be disqualified for such period not less than twelve months as the court thinks fit unless the court for special reasons thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified.

[F1 (1A) Where a person is convicted of an offence under section 12A of the Theft Act 1968 (aggravated vehicle-taking), the fact that he did not drive the vehicle in question at any particular time or at all shall not be regarded as a special reason for the purposes of subsection (1) above.]

(2) Where a person is convicted of an offence involving discretionary disqualification, the court may order him to be disqualified for such period as the court thinks fit.

(3) Where a person convicted of an offence under any of the following provisions of the M1 Road Traffic Act 1988, that is—

(a) section 4(1) (driving or attempting to drive while unfit),

(b) section 5(1)(a) (driving or attempting to drive with excess alcohol), and

(c) section 7(6) (failing to provide a specimen) where that is an offence involving obligatory disqualification,

has within the ten years immediately preceding the commission of the offence been convicted of any such offence, subsection (1) above shall apply in relation to him as if the reference to twelve months were a reference to three years.

(4) Where a person is convicted of an offence under section 1 of the Road Traffic Act 1988 (causing death by reckless driving), subsection (1) above shall apply in relation to him as if the reference to twelve months were a reference to two years.

(5) The preceding provisions of this section shall apply in relation to a conviction of an offence committed by aiding, abetting, counselling or procuring, or inciting to the commission of, an offence involving obligatory disqualification as if the offence were an offence involving discretionary disqualification.

(6) This section is subject to section 48 of this Act.

Textual Amendments

F1 S. 34(1A) inserted (1.4.1992) by Aggravated Vehicle-Taking Act 1992 (c. 11), s. 3(2); S.I. 1992/764, art. 2

Marginal Citations

M1 1988 c. 52.

Valid from 01/07/1992

[F2 34A Reduced disqualification period for attendance on courses. E+W+S

(1) This section applies where—

(a) a person is convicted of an offence under section 3A (causing death by careless driving when under influence of drink or drugs), 4 (driving or being in charge when under influence of drink or drugs), 5 (driving or being in charge with excess alcohol) or 7 (failing to provide a specimen) of the Road Traffic Act 1988, and

(b) the court makes an order under section 34 of this Act disqualifying him for a period of not less than twelve months.

(2) Where this section applies, the court may make an order that the period of disqualification imposed under section 34 shall be reduced if, by a date specified in the order under this section, the offender satisfactorily completes a course approved by the Secretary of State for the purposes of this section and specified in the order.

(3) The reduction made by an order under this section in a period of disqualification imposed under section 34 shall be a period specified in the order of not less than three months and not more than one quarter of the unreduced period (and accordingly where the period imposed under section 34 is twelve months, the reduced period shall be nine months).

(4) The court shall not make an order under this section unless—

(a) it is satisfied that a place on the course specified in the order will be available for the offender,

(b) the offender appears to the court to be of or over the age of 17,

(c) the court has explained the effect of the order to the offender in ordinary language, and has informed him of the amount of the fees for the course and of the requirement that he must pay them before beginning the course, and

(d) the offender has agreed that the order should be made.

(5) The date specified in an order under this section as the latest date for completion of a course must be at least two months before the last day of the period of disqualification as reduced by the order.

(6) An order under this section shall name the petty sessions area (or in Scotland the sheriff court district or, where an order has been made under this section by a stipendiary magistrate, the commission area) in which the offender resides or will reside.]

Textual Amendments

F2 Ss. 34A-34C inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s.30; S.I. 1992/1286, art. 2,Sch. (with art. 6(5))

Modifications etc. (not altering text)

C1 S. 34A restricted (temp.) (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 31(1)(2)(4); S.I. 1992/1286, art. 2,Sch. (with art. 6(5)).

C2 S. 34A modified (temp.) (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 31(5); S.I. 1992/1286, art. 2,Sch. (with art. 6(5)).

C3 Ss. 34 - 48: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2,Sch. (with art. 6(5)))

C4 S. 34A: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Valid from 01/07/1992

F3 34B Certificates of completion of courses. E+W+S

(1) An offender shall be regarded for the purposes of section 34A of this Act as having completed a course satisfactorily if (and only if) a certificate that he has done so is received by the clerk of the supervising court before the end of the period of disqualification imposed under section 34.

(2) If the certificate referred to in subsection (1) above is received by the clerk of the supervising court before the end of the period of disqualification imposed under section 34 but after the end of the period as it would have been reduced by the order, the order shall have effect as if the reduced period ended with the day on which the certificate is received by the clerk.

(3) The certificate referred to in subsection (1) above shall be a certificate in such form, containing such particulars, and given by such person, as may be prescribed by, or determined in accordance with, regulations made by the Secretary of State.

(4) A course organiser shall give the certificate mentioned in subsection (1) above to the offender not later than fourteen days after the date specified in the order as the latest date for completion of the course, unless the offender fails to make due payment of the fees for the course, fails to attend the course in accordance with the organiser’s reasonable instructions, or fails to comply with any other reasonable requirements of the organiser.

(5) Where a course organiser decides not to give the certificate mentioned in subsection (1) above, he shall give written notice of his decision to the offender as soon as possible, and in any event not later than fourteen days after the date specified in the order as the latest date for completion of the course.

(6) An offender to whom a notice is given under subsection (5) above may, within such period as may be prescribed by rules of court, apply to the supervising court for a declaration that the course organiser’s decision not to give a certificate was contrary to subsection (4) above; and if the court grants the application section 34A of this Act shall have effect as if the certificate had been duly received by the clerk of the court.

(7) If fourteen days after the date specified in the order as the latest date for completion of the course the course organiser has given neither the certificate mentioned in subsection (1) above nor a notice under subsection (5) above, the offender may, within such period as may be prescribed by rules of court, apply to the supervising court for a declaration that the course organiser is in default; and if the court grants the application section 34A of this Act shall have effect as if the certificate had been duly received by the clerk of the court.

(8) A notice under subsection (5) above shall specify the ground on which it is given, and the Secretary of State may by regulations make provision as to the form of notices under that subsection and as to the circumstances in which they are to be treated as given.

(9) Where the clerk of a court receives a certificate of the kind referred to in subsection (1) above, or a court grants an application under subsection (6) or (7) above, the clerk or court must send notice of that fact to the Secretary of State; and the notice must be sent in such manner and to such address, and must contain such particulars, as the Secretary of State may determine.

Textual Amendments

F3 Ss. 34A-34C inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s.30; S.I. 1992/1286, art. 2,Sch. (with art. 6(5))

Modifications etc. (not altering text)

C5 Ss. 34 - 48: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2,Sch. (with art. 6(5)))

C6 S. 34B (except subsection (9)): transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Valid from 01/07/1992

F4 34C Provisions supplementary to sections 34A and 34B. E+W+S

(1) The Secretary of State may issue guidance to course organisers, or to any category of course organiser as to the conduct of courses approved for the purposes of section 34A of this Act; and—

(a) course organisers shall have regard to any guidance given to them under this subsection, and

(b) in determining for the purposes of section 34B(6) whether any instructions or requirements of an organiser were reasonable, a court shall have regard to any guidance given to him under this subsection.

(2) In sections 34A and 34B and this section—

• “course organiser”, in relation to a course, means the person who, in accordance with regulations made by the Secretary of State, is responsible for giving the certificates mentioned in section 34B(1) in respect of the completion of the course;

• “petty sessions area” has the same meaning as in the Magistrates’ Courts Act 1980;

• “supervising court”, in relation to an order under section 34A, means—

  (a)

  in England and Wales, a magistrates’ court acting for the petty sessions area named in the order as the area where the offender resides or will reside;

  (b)

  in Scotland, the sheriff court for the district where the offender resides or will reside or, where the order is made by a stipendiary magistrate and the offender resides or will reside within his commission area, the district court for that area,

  and any reference to the clerk of a magistrates’ court is a reference to the clerk to the justices for the petty sessions area for which the court acts.

(3) Any power to make regulations under section 34B or this section—

(a) includes power to make different provision for different cases, and to make such incidental or supplemental provision as appears to the Secretary of State to be necessary or expedient;

(b) shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F4 Ss. 34A-34C inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s.30; S.I. 1992/1286, art. 2,Sch. (with art. 6(5))

Modifications etc. (not altering text)

C7 Ss. 34 - 48: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2, Sch. (with art. 6(5)))

C8 S. 34C: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

35 Disqualification for repeated offences. E+W+S

(1) Where—

(a) a person is convicted of an offence involving obligatory or discretionary disqualification, and

(b) the penalty points to be taken into account on that occasion number twelve or more,

the court must order him to be disqualified for not less than the minimum period unless the court is satisfied, having regard to all the circumstances, that there are grounds for mitigating the normal consequences of the conviction and thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified.

(2) The minimum period referred to in subsection (1) above is—

(a) six months if no previous disqualification imposed on the offender is to be taken into account, and

(b) one year if one, and two years if more than one, such disqualification is to be taken into account;

and a previous disqualification imposed on an offender is to be taken into account if it was imposed within the three years immediately preceding the commission of the latest offence in respect of which penalty points are taken into account under section 29 of this Act.

(3) Where an offender is convicted on the same occasion of more than one offence involving obligatory or discretionary disqualification—

(a) not more than one disqualification shall be imposed on him under subsection (1) above,

(b) in determining the period of the disqualification the court must take into account all the offences, and

(c) for the purposes of any appeal any disqualification imposed under subsection (1) above shall be treated as an order made on the conviction of each of the offences.

(4) No account is to be taken under subsection (1) above of any of the following circumstances—

(a) any circumstances that are alleged to make the offence or any of the offences not a serious one,

(b) hardship, other than exceptional hardship, or

(c) any circumstances which, within the three years immediately preceding the conviction, have been taken into account under that subsection in ordering the offender to be disqualified for a shorter period or not ordering him to be disqualified.

(5) References in this section to disqualification do not include a disqualification imposed under section 26 of this Act or section 44 of the M2 Powers of Criminal Courts Act 1973 (disqualification by Crown Court where vehicle used for commission of offence).

(6) In relation to Scotland, references in this section to the court include the district court.

(7) This section is subject to section 48 of this Act.

Marginal Citations

M2 1973 c. 62.

36 Disqualification until test is passed. E+W+S

(1) Where a person is convicted of an offence involving obligatory or discretionary disqualification, the court may order him to be disqualified until he passes the test of competence to drive prescribed by virtue of section 89(3) of the M3 Road Traffic Act 1988.

(2) That power is exercisable by the court whether or not the person convicted has previously passed that test and whether or not the court makes an order under section 34 or 35 of this Act.

(3) A disqualification by virtue of an order under subsection (1) above shall be deemed to have expired on production to the Secretary of State of evidence, in such form as may be prescribed by regulations under section 105 of the M4 Road Traffic Act 1988, that the person disqualified has passed that test since the order was made.

(4) On the issue of a licence to a person who stands disqualified by an order under subsection (1) above, there shall be added to the [F5 particulars of the disqualification endorsed on the counterpart of the licence] a statement that the person disqualified has passed that test since the order was made.

(5) This section is subject to section 48 of this Act.

Textual Amendments

F5 Words substituted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 8

Modifications etc. (not altering text)

C9 Ss. 36(4), 37(3) extended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 5, Sch. 4 para. 7(5)

Marginal Citations

M3 1988 c. 52.

M4 1988 c. 52.

37 Effect of order of disqualification. E+W+S

(1) Where the holder of a licence is disqualified by an order of a court, the licence shall be treated as being revoked with effect from the beginning of the period of disqualification.

(2) Where the holder of the licence appeals against the order and the disqualification is suspended under section 39 of this Act, the period of disqualification shall be treated for the purpose of subsection (1) above as beginning on the day on which the disqualification ceases to be suspended.

(3) Notwithstanding anything in Part III of the Road Traffic Act 1988, a person disqualified by an order of a court under section 36(1) of this Act is (unless he is also disqualified otherwise than by virtue of such an order) entitled to obtain and to hold a provisional licence and to drive a motor vehicle in accordance with the conditions subject to which the provisional licence is granted.

Modifications etc. (not altering text)

C10 Ss. 36(4), 37(3) extended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 5, Sch. 4 para. 7(5)

38 Appeal against disqualification. E+W+S

(1) A person disqualified by an order of a magistrates’ court under section 34 or 35 of this Act may appeal against the order in the same manner as against a conviction.

(2) A person disqualified by an order of a court in Scotland may appeal against the order in the same manner as against a sentence.

39 Suspension of disqualification pending appeal. E+W+S

(1) Any court in England and Wales (whether a magistrates’ court or another) which makes an order disqualifying a person may, if it thinks fit, suspend the disqualification pending an appeal against the order.

(2) The court by or before which a person disqualified by an order of a court in Scotland was convicted may, if it thinks fit, suspend the disqualification pending an appeal against the order.

(3) Where a court exercises its power under subsection (1) or (2) above, it must send notice of the suspension to the Secretary of State.

(4) The notice must be sent in such manner and to such address and must contain such particulars as the Secretary of State may determine.

40 Power of appellate courts in England and Wales to suspend disqualification. E+W+S

(1) This section applies where a person has been convicted by or before a court in England and Wales of an offence involving obligatory or discretionary disqualification and has been ordered to be disqualified; and in the following provisions of this section—

(a) any reference to a person ordered to be disqualified is to be construed as a reference to a person so convicted and so ordered to be disqualified, and

(b) any reference to his sentence includes a reference to the order of disqualification and to any other order made on his conviction and, accordingly, any reference to an appeal against his sentence includes a reference to an appeal against any order forming part of his sentence.

(2) Where a person ordered to be disqualified—

(a) appeals to the Crown Court, or

(b) appeals or applies for leave to appeal to the Court of Appeal,

against his conviction or his sentence, the Crown Court or, as the case may require, the Court of Appeal may, if it thinks fit, suspend the disqualification.

(3) Where a person ordered to be disqualified has appealed or applied for leave to appeal to the House of Lords—

(a) under section 1 of the M5 Administration of Justice Act 1960 from any decision of a Divisional Court of the Queen’s Bench Division which is material to his conviction or sentence, or

(b) under section 33 of the M6 Criminal Appeal Act 1968 from any decision of the Court of Appeal which is material to his conviction or sentence,

the Divisional Court or, as the case may require, the Court of Appeal may, if it thinks fit, suspend the disqualification.

(4) Where a person ordered to be disqualified makes an application in respect of the decision of the court in question under section 111 of the M7 Magistrates’ Courts Act 1980 (statement of case by magistrates’ court) or section 28 of the M8 Supreme Court Act 1981 (statement of case by Crown Court) the High Court may, if it thinks fit, suspend the disqualification.

(5) Where a person ordered to be disqualified—

(a) applies to the High Court for an order of certiorari to remove into the High Court any proceedings of a magistrates’ court or of the Crown Court, being proceedings in or in consequence of which he was convicted or his sentence was passed, or

(b) applies to the High Court for leave to make such an application,

the High Court may, if it thinks fit, suspend the disqualification.

(6) Any power of a court under the preceding provisions of this section to suspend the disqualification of any person is a power to do so on such terms as the court thinks fit.

(7) Where, by virtue of this section, a court suspends the disqualification of any person, it must send notice of the suspension to the Secretary of State.

(8) The notice must be sent in such manner and to such address and must contain such particulars as the Secretary of State may determine.

Marginal Citations

M5 1960 c. 65.

M6 1968 c. 19.

M7 1980 c. 43.

M8 1981 c. 54.

41 Power of High Court of Justiciary to suspend disqualification. E+W+S

(1) This section applies where a person has been convicted by or before a court in Scotland of an offence involving obligatory or discretionary disqualification and has been ordered to be disqualified; and in the following provisions of this section—

(a) any reference to a person ordered to be disqualified is to be construed as a reference to a person so convicted and so ordered to be disqualified, and

(b) any reference to his sentence includes a reference to the order of disqualification and to any other order made on his conviction and, accordingly, any reference to an appeal against his sentence includes a reference to an appeal against any order forming part of his sentence.

(2) Where a person ordered to be disqualified appeals to the High Court of Justiciary, whether on appeal against a summary conviction or a conviction on indictment or his sentence, the court may, if it thinks fit, suspend the disqualification on such terms as it thinks fit.

The powers conferred by this subsection on the court may be exercised by any single judge of the court.

(3) Where, by virtue of this section, the High Court suspends the disqualification of any person, it must send notice of the suspension to the Secretary of State.

(4) The notice must be sent in such manner and to such address and must contain such particulars as the Secretary of State may determine.

Valid from 01/07/1992

[F6 41A Suspension of disqualification pending determination of applications under section 34B. E+W+S

(1) Where a person makes an application to a court under section 34B of this Act, the court may suspend the disqualification to which the application relates pending the determination of the application.

(2) Where a court exercises its power under subsection (1) above it must send notice of the suspension to the Secretary of State.

(3) The notice must be sent in such manner and to such address, and must contain such particulars, as the Secretary of State may determine.]

Textual Amendments

F6 S. 41A inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para.97; S.I. 1992/1286, art. 2, Sch.

Modifications etc. (not altering text)

C11 Ss. 34 - 48: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2,Sch.)

42 Removal of disqualification. E+W+S

(1) Subject to the provisions of this section, a person who by an order of a court is disqualified may apply to the court by which the order was made to remove the disqualification.

(2) On any such application the court may, as it thinks proper having regard to—

(a) the character of the person disqualified and his conduct subsequent to the order,

(b) the nature of the offence, and

(c) any other circumstances of the case,

either by order remove the disqualification as from such date as may be specified in the order or refuse the application.

(3) No application shall be made under subsection (1) above for the removal of a disqualification before the expiration of whichever is relevant of the following periods from the date of the order by which the disqualification was imposed, that is—

(a) two years, if the disqualification is for less than four years,

(b) one half of the period of disqualification, if it is for less than ten years but not less than four years,

(c) five years in any other case;

and in determining the expiration of the period after which under this subsection a person may apply for the removal of a disqualification, any time after the conviction during which the disqualification was suspended or he was not disqualified shall be disregarded.

(4) Where an application under subsection (1) above is refused, a further application under that subsection shall not be entertained if made within three months after the date of the refusal.

(5) If under this section a court orders a disqualification to be removed, the court—

(a) must cause particulars of the order to be endorsed on [F7 the counterpart of] the licence, if any, previously held by the applicant, and

(b) may in any case order the applicant to pay the whole or any part of the costs of the application.

(6) The preceding provisions of this section shall not apply where the disqualification was imposed by order under section 36(1) of this Act.

Textual Amendments

F7 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 9

Modifications etc. (not altering text)

C12 S. 42 modified by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 5, Sch. 4 para. 7(6)

C13 S. 42(5) excluded by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), s. 44(3)(b) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 11(c) )

C14 S. 42(5) applied with modifications by S.I. 1987/1378, reg. 25(3) (as amended by S.I. 1990/842, reg. 9)

C15 S. 42(6) extended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 5, Sch. 4 para. 7(5)

43 Rule for determining end of period of disqualification. E+W+S

In determining the expiration of the period for which a person is disqualified by an order of a court made in consequence of a conviction, any time after the conviction during which the disqualification was suspended or he was not disqualified shall be disregarded.