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Road Traffic (New Drivers) Act 1995

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Part IVE+W+S Newly qualified driver with full and provisional entitlements and test certificate

Surrender of licence and test certificateE+W+S

7(1)Where the circumstances mentioned in section 2(1) exist with respect to a person to whom this Part of this Schedule applies, sub-paragraph (2) applies instead of section 2(2).E+W+S

[F1(2)The court must, together with the notice of the order referred to in section 2(1)(d), send to the Secretary of State—

(a)on its production to the court, the person's licence, and

(b)on its production to the court, the person's test certificate.]

(3)Where—

(a)the circumstances mentioned in section 2(3) exist with respect to a person to whom this Part of this Schedule applies, and

(b)the [F2appropriate person] has received the person’s test certificate in accordance with paragraph 3(4),

sub-paragraph (4) applies instead of section 2(4).

(4)The [F3appropriate person]

(a)may not return the person’s licence F4... under section [F557A(3) or (4) or 77A(2)] of the M1Road Traffic Offenders Act 1988; but

(b)[F6unless the appropriate person is the Secretary of State,] must send [F7it] and the person’s test certificate to the Secretary of State [F8together with the notice he is required to send under section 57A or 77A of that Act of the particulars to be endorsed on the person's driving record.] .

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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)

F2Words in Sch. 1 para. 7(3)(b) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 27(7)(a); S.I. 2008/3164, art. 3(b)

F3Words in Sch. 1 para. 7(4) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 27(7)(b)(i); S.I. 2008/3164, art. 3(b)

F6Words in Sch. 1 para. 7(4)(b) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 27(7)(b)(ii); S.I. 2008/3164, art. 3(b)

Marginal Citations

Revocation of licence and test certificateE+W+S

8(1)Where the Secretary of State—E+W+S

(a)has received a notice sent to him under [F9section 44A, 57A or 77A of the Road Traffic Offenders Act 1988] of particulars required to be endorsed on [F10a person's driving record,] or has received the licence F11... under paragraph [F127(2)(a) ] or (4)(b), and

(b)has received the person’s test certificate sent to him under paragraph 7(2)(b) or (4)(b) or is satisfied that the person has been issued with a test certificate,

the Secretary of State must by notice served on that person revoke the licence and the test certificate.

[F13(1ZA)Where paragraph 7(4) applies and the appropriate person is the Secretary of State, the Secretary of State must by notice served on the person to whom the fixed penalty notice or conditional offer was given or issued revoke that person's licence and test certificate.]

[F14(1A)Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under sub-paragraph (1) [F15or (1ZA)], the Secretary of State must send to the licensing authority in Northern Ireland particulars of the notice together with the Northern Ireland licence and 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) [F15 or (1ZA)], he must by notice served on that person revoke his licence and test certificate.]

(2)A revocation under [F16this 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.

[F17(3)In this paragraph references to the revocation of a person’s Northern Ireland licence are references to its revocation as respects Great Britain; and, accordingly, the person ceases to be authorised by virtue of section 109(1) of the Road Traffic Act 1988 to drive in Great Britain a motor vehicle of any class.]

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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)

F15Words in Sch. 1 para. 8(1A)(1B) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 27(8)(b); S.I. 2008/3164, art. 3(b)

F16Words in Sch. 1 para. 8(2) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 27(8)(c); S.I. 2008/3164, art. 3(b)

Re-testingE+W+S

9(1)Subject to Part V of this Schedule, the Secretary of State may not under Part III of the M2Road Traffic Act 1988 grant a person whose licence and test certificate have been revoked under [F18paragraph 8, or whose Northern Ireland licence and Northern Ireland test certificate have been revoked under a provision of Northern Ireland law corresponding to paragraph 8(1) ] [F19or (1ZA)] a full licence to drive any class of vehicles mentioned in sub-paragraph (4), 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 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 mentioned in sub-paragraph (4).

(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 Road Traffic Act 1988) be one authorising that person to drive all the classes of vehicles mentioned in sub-paragraph (4).

(4)The classes of vehicles are—

(a)any class of vehicles in relation to which the revoked licence was issued as a full licence; and

(b)any class of vehicles—

(i)that he was treated under section 98(2) of the Road Traffic Act 1988 [F20, or under a provision of Northern Ireland law corresponding to that section]as authorised to drive under a provisional licence, or

(ii)in relation to which the revoked licence was issued as a provisional licence,

and that, immediately before the test certificate was revoked, he was permitted to drive without observing prescribed conditions.

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

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

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

Annotations: Help about Annotation
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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)

F19Words in Sch. 1 para. 9 inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 27(9); S.I. 2008/3164, art. 3(b)

Marginal Citations

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