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Road Traffic Offenders Act 1988

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27 Production of licence.E+W+S

(1)Where a person who is the holder of a licence is convicted of an offence involving obligatory [F1or discretionary disqualification, and a court proposes to make an order disqualifying him or an order under section 44 of this Act, the court must, unless it has already received them,], require the licence [F2and its counterpart] to be produced to it.

F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If the holder of the licence has not caused it [F4and its counterpart] to be delivered, or posted it [F4and its counterpart], in accordance with section 7 of this Act and does not produce it [F4and its counterpart] as required [F5under this section or [F6section 40 of the Crime (Sentences) Act 1997, section 146 or 147 of the Powers of Criminal Courts (Sentencing) Act 2000] or section 223A or 436A of the Criminal Procedure (Scotland) Act 1975][F7, or if the holder of the license does not produce it and its counterpart as required by section 40B of the M1Child Support Act 1991, then,] unless he satisfies the court that he has applied for a new licence and has not received it—

(a)he is guilty of an offence, and

(b)the licence shall be suspended from the time when its production was required until [F8it and its counterpart are] produced to the court and shall, while suspended, be of no effect.

(4)Subsection (3) above does not apply where the holder of the licence—

(a)has caused a current receipt for the licence [F9and its counterpart] issued under section 56 of this Act to be delivered to the [F10proper officer] of the court not later than the day before the date appointed for the hearing, or

(b)has posted such a receipt, at such time that in the ordinary course of post it would be delivered not later than that day, in a letter duly addressed to the [F10proper officer] and either registered or sent by the recorded delivery service, or

(c)surrenders such a receipt to the court at the hearing,

and produces the licence [F11and its counterpart] to the court immediately on [F12their] return.

[F13(5)In subsection (4) above “proper officer” means—

(a)in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court, and

(b)in relation to any other court, the clerk of the court.]

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Amendments (Textual)

F6Words in s. 27(3) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 120

F7Words in s. 27(3) substituted (2.4.2001) by 2000 c. 19, s. 16(5) (with s. 83(6)); S.I. 2000/3354, art. 2(3)

Modifications etc. (not altering text)

C1S. 27: 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.).

C2S. 27(1)(2) applied with modifications by S.I. 1987/1378, reg. 25(3) (as amended by S.I. 1990/842, reg. 9)

S. 27(1)(3) applied (with modifications) (12.11.1999) by S.I. 1999/2864, reg. 80(5)(b)

C3S. 27(3) applied with modifications by S.I. 1987/1378, reg. 25(3) (as amended by S.I. 1990/842, reg. 9)

S. 27(3) applied with modifications (1.1.1998) (EW) by 1997 c. 43, s. 39(5)(b), 40(6); S.I. 1997/2200, art. 3(b)(c) (with art. 5)

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