Road Traffic Offenders Act 1988

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 [F1the 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.

[F2(5A)Subsection (5)(a) above shall apply only where the disqualification was imposed in respect of an offence involving obligatory endorsement; and in any other case the court must send notice of the order made under this section to the Secretary of State.

(5B)A notice under subsection (5A) above must be sent in such manner and to such address, and must contain such particulars, as the Secretary of State may determine.]

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C2S. 42: 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.)

C4S. 42(5) applied with modifications by S.I. 1987/1378, reg. 25(3) (as amended by S.I. 1990/842, reg. 9)

S. 42(5) applied (with modifications) (12.11.1999) by S.I. 1999/2864, reg. 80(5)(c)