Road Traffic (New Drivers) Act 1995

Part III E+W+S Newly qualified driver with provisional licence and test certificate

F1 ... E+W+S

Textual Amendments

F1 Sch. 1 para. 4 and cross-heading omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 6(2)(d); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F1 4 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation of test certificate E+W+S

5 [F2 (1) Where— E+W+S

(a) there is a person to whom this Part of this Schedule applies,

(b) the person satisfies the conditions in section 2(1)(b) to (da) and (f) or (3)(a) to (d) and (f),

(c) the Secretary of State is satisfied that the person has been issued with a test certificate, and

(d) the person’s driving record, licence or test certificate shows the date on which the person became a qualified driver,

the Secretary of State must by notice served on the person revoke the person’s test certificate and this sub-paragraph applies to the person instead of section 3(1).]

F3 (1ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (1A) Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under sub-paragraph (1) F5 ..., the Secretary of State must send to the licensing authority in Northern Ireland particulars of the notice together with [F6 , if the Secretary of State is already in receipt of it,] the Northern Ireland test certificate.

(1B) Where the Secretary of State is sent by that licensing authority particulars of a notice served on the holder of a licence under a provision of Northern Ireland law corresponding to sub-paragraph (1) F7 ..., he must by notice served on that person revoke his test certificate.]

(2) A revocation under [F8 this paragraph] shall have effect from a date specified in the notice of revocation which may not be earlier than the date of service of that notice.

(3) The effect of the revocation of a person’s test certificate is that any prescribed conditions to which his provisional licence ceased to be subject when he became a qualified driver shall again apply.

[F9 (4) In this paragraph and paragraph 8 references to the revocation of a person’s Northern Ireland test certificate are references to its revocation as respects Great Britain.

(5) The effect of the revocation of a person’s Northern Ireland test certificate as respects Great Britain is that any prescribed conditions to which his Northern Ireland provisional licence ceased to be subject when he became a qualified driver shall again apply for the purposes of section 109(1) of the Road Traffic Act 1988.]

Textual Amendments

F2 Sch. 1 para. 5(1) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 6(3)(a); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F3 Sch. 1 para. 5(1ZA) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 6(3)(b); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F4 Sch. 1 para. 5(1A)(1B) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 55(a); S.I. 2004/2624, art. 2(1)(2)(b)

F5 Words in Sch. 1 para. 5(1A) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 6(3)(c)(i); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F6 Words in Sch. 1 para. 5(1A) inserted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 6(3)(c)(ii); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F7 Words in Sch. 1 para. 5(1B) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 6(3)(d); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F8 Words in Sch. 1 para. 5(2) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 27(5)(c); S.I. 2008/3164, art. 3(b)

F9 Sch. 1 para. 5(4)(5) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 55(c); S.I. 2004/2624, art. 2(1)(2)(b)

[F10 Surrender of test certificate E+W+S

Textual Amendments

F10 Sch. 1 para. 5A and cross-heading inserted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 6(4); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

5A (1) Where— E+W+S

(a) the Secretary of State is required under paragraph 5(1) or (1B) to serve a notice on a person revoking the person’s test certificate, and

(b) the Secretary of State is not already in receipt of the test certificate,

the notice may also require the person to surrender the test certificate to the Secretary of State before the end of the period of 28 days beginning with the date on which the notice is served.

(2) A person who, without reasonable excuse, fails to comply with a requirement imposed under sub-paragraph (1)—

(a) is guilty of an offence, and

(b) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) Where the Secretary of State receives a Northern Ireland test certificate pursuant to a requirement to surrender it imposed under sub-paragraph (1), the Secretary of State must send it to the licensing authority in Northern Ireland.]

Re-testing E+W+S

6 (1) Subject to Part V of this Schedule, the Secretary of State may not under Part III of the M1 Road Traffic Act 1988 grant a person whose test certificate has been revoked under [F11 paragraph 5, or whose Northern Ireland test certificate has been revoked under a provision of Northern Ireland law corresponding to paragraph 5(1) F12 ..., ] a full licence to drive any class of vehicles that, immediately before his test certificate was revoked, he was permitted to drive without observing prescribed conditions, unless he satisfies the Secretary of State that within the relevant period he has passed a relevant driving test. E+W+S

(2) In this paragraph “relevant driving test” means, in relation to a person whose test certificate has been revoked, any test which—

(a) falls within paragraph (a) or (b) of section 1(2); and

(b) is a test of competence to drive any vehicle included in any class of vehicles that, immediately before his test certificate was revoked, he was permitted to drive without observing prescribed conditions.

(3) If the Secretary of State grants a full licence to a person who is required to pass a relevant driving test in order to be granted that licence, the licence granted must (subject to section 92 and Part IV of the M2 Road Traffic Act 1988) be one authorising that person to drive all the classes of vehicles that, immediately before his test certificate was revoked, he was permitted to drive without observing prescribed conditions.

(4) In sub-paragraph (1) “the relevant period” means the period beginning—

(a) after the date of the revocation of the test certificate; and

(b) not more than two years before the date on which the application for the full licence is made.

Textual Amendments

F11 Words in Sch. 1 para. 6(1) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 56; S.I. 2004/2624, art. 2(1)(2)(b)

F12 Words in Sch. 1 para. 6(1) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 6(5); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

Marginal Citations

M1 1988 c. 52.

M2 1988 c. 52.