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Road Traffic (New Drivers) Act 1995

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Section 6.

SCHEDULE 1E+W+S Newly qualified drivers holding test certificates

Part IE+W+S General

InterpretationE+W+S

1(1)In this Schedule “test certificate” means a certificate or other document which by virtue of regulations under section 89 of the M1Road Traffic Act 1988 is evidence that a person has not more than two years previously passed a test of competence to drive prescribed by virtue of such regulations.E+W+S

(2)In this Schedule “prescribed conditions” means the prescribed conditions referred to in section 97(3) of the 1988 Act (subject to which provisional licences are granted).

[F1(2A)In this Schedule “the appropriate person” has the same meaning as in sections 2 and 3 of this Act.]

[F2(3) In this Schedule “ licence ” includes a Northern Ireland licence, “ full licence ” includes a full Northern Ireland licence and “ provisional licence ” includes a Northern Ireland provisional licence.

(4)In relation to the holder of a Northern Ireland licence, the following sub-paragraphs have effect for the purposes of this Schedule.

(5) References to a test certificate are references to a certificate or other document (in this Schedule referred to as a “ Northern Ireland test certificate ”) which is evidence that he has not more than two years previously passed a Northern Ireland test of competence to drive corresponding to the test mentioned in sub-paragraph (1).

(6)References to prescribed conditions are references to conditions subject to which the Northern Ireland provisional licence was granted.]

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Amendments (Textual)

Marginal Citations

Application of ScheduleE+W+S

2(1)Part II of this Schedule applies to any person to whom Part III or IV of this Schedule applies.E+W+S

(2)Part III of this Schedule applies to a person who holds—

(a)a licence issued as a provisional licence; and

(b)a test certificate.

(3)Part IV of this Schedule applies to a person who falls within sub-paragraph (4) or (5).

(4)A person falls within this sub-paragraph if—

(a)he holds a licence issued as a full licence in relation to a class or certain classes of vehicles;

(b)he is treated under section 98(2) of the Road Traffic Act 1988 as authorised by a provisional licence to drive another class or other classes of vehicles; and

(c)he holds a test certificate which relates to that other class of vehicles or any of those other classes of vehicles.

[F3(4A)In relation to the holder of a Northern Ireland licence, the reference in sub-paragraph (4)(b) to section 98(2) of the Road Traffic Act 1988 is a reference to the corresponding provision under the law of Northern Ireland.]

(5)A person falls within this sub-paragraph if he holds—

(a)a licence issued as a full licence in relation to a class or certain classes of vehicles and as a provisional licence in relation to another class or other classes of vehicles; and

(b)a test certificate which relates to that other class of vehicles or any of those other classes of vehicles.

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Amendments (Textual)

Part IIE+W+S Duty to provide test certificate

3(1)Sub-paragraph (2) applies where—E+W+S

(a)a person to whom this Part of this Schedule applies is prosecuted for an offence involving obligatory endorsement; and

(b)the time at which the offence for which he is prosecuted is alleged to have occurred is a time during his probationary period.

(2)Any obligations imposed on the person under section 7 of the M2Road Traffic Offenders Act 1988 as respects his licence F4... shall also apply as respects his test certificate.

(3)If, in a case where sub-paragraph (2) applies—

(a)the person is convicted in the proceedings in question of an offence involving obligatory endorsement, and

(b)he has not previously caused his test certificate to be delivered or posted it to the [F5proper officer] of the court,

he must produce his test certificate to the court.

[F6(3A) In sub-paragraph (3) “ proper officer ” means—

(a)in relation to a magistrates’ court in England and Wales, the [F7designated officer ] for the court, and

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

(4)In a case where—

(a)the licence of a person to whom this Part of this Schedule applies has F8... been sent to the [F9appropriate person]under section 54(7) of the M3Road Traffic Offenders Act 1988 or delivered to the [F9appropriate person] in response to a conditional offer issued under section 75 of that Act,

(b)the offence to which the fixed penalty notice or the conditional offer relates is one involving obligatory endorsement and occurring during his probationary period, and

(c)the person proposes to pay the fixed penalty to the [F10appropriate person],

the person must ensure that when the fixed penalty is paid his test certificate is sent to the [F11appropriate person].

(5)A person who without reasonable excuse fails to comply with sub-paragraph (3) or (4) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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Amendments (Textual)

F5Words in Sch. 1 para. 3(3)(b) substituted (1.4.2001) by 1999 c. 22, s. 90 Sch. 13 para. 173 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F6Sch. 1 para. 3(3A) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 173 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F7Words in Sch. 1 para. 3(3A) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 365; S.I. 2005/910, art. 3(y)

F9Words in Sch. 1 para. 3(4)(a) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 27(3)(a); S.I. 2008/3164, art. 3(b)

F10Words in Sch. 1 para. 3(4)(b) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 27(3)(b); S.I. 2008/3164, art. 3(b)

F11Words in Sch. 1 para. 3(4) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 27(3)(c); S.I. 2008/3164, art. 3(b)

Marginal Citations

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

Surrender of test certificateE+W+S

4(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

[F12(2)The court must send to the Secretary of State, on its production to the court, the person's test certificate, together with the notice of the order referred to in section 2(1)(d).]

(3)Where—

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

(b)the [F13appropriate person] has received the person’s test certificate in accordance with paragraph 3(4), and

(c)the test certificate shows the date on which the person became a qualified driver,

[F14section 2(4) does not apply but if the appropriate person is the fixed penalty clerk sub-paragraph (4) applies instead. ]

(4)The fixed penalty clerk must send to the Secretary of State [F15the person's test certificate together with the notice he is required to send under section 57A or 77A of the particulars to be endorsed on the person's driving record.]

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Amendments (Textual)

F13Words in Sch. 1 para. 4(3)(b) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 27(4)(a); S.I. 2008/3164, art. 3(b)

F14Words in Sch. 1 para. 4(3) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 27(4)(b); S.I. 2008/3164, art. 3(b)

Revocation of test certificateE+W+S

5(1)Where the Secretary of State—E+W+S

(a)has received a notice sent to him under [F16section 44A, 57A or 77A of the Road Traffic Offenders Act 1988] of particulars required to be endorsed [F17on a person's driving record] , and

(b)has received the person’s test certificate sent to him under paragraph 4(2)(b) or [F18(4)] 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 test certificate.

[F19(1ZA)Where section 2(4) is disapplied by paragraph 4(3) 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 test certificate.]

[F20(1A)Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under sub-paragraph (1) [F21or (1ZA)], the Secretary of State must send to the licensing authority in Northern Ireland particulars of the notice together with 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) [F21or (1ZA)], he must by notice served on that person revoke his test certificate.]

(2)A revocation under [F22this 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.

[F23(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.]

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Amendments (Textual)

F22Words 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)

Re-testingE+W+S

6(1)Subject to Part V of this Schedule, the Secretary of State may not under Part III of the M4Road Traffic Act 1988 grant a person whose test certificate has been revoked under [F24paragraph 5, or whose Northern Ireland test certificate has been revoked under a provision of Northern Ireland law corresponding to paragraph 5(1) [F25or (1ZA)], ] 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 M5Road 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.

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Amendments (Textual)

Marginal Citations

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

[F26(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 [F27appropriate 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 [F28appropriate person]

(a)may not return the person’s licence F29... under section [F3057A(3) or (4) or 77A(2)] of the M6Road Traffic Offenders Act 1988; but

(b)[F31unless the appropriate person is the Secretary of State,] must send [F32it] and the person’s test certificate to the Secretary of State [F33together 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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Amendments (Textual)

F27Words 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)

F28Words 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)

F31Words 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 [F34section 44A, 57A or 77A of the Road Traffic Offenders Act 1988] of particulars required to be endorsed on [F35a person's driving record,] or has received the licence F36... under paragraph [F377(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.

[F38(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.]

[F39(1A)Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under sub-paragraph (1) [F40or (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) [F40 or (1ZA)], he must by notice served on that person revoke his licence and test certificate.]

(2)A revocation under [F41this 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.

[F42(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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Amendments (Textual)

F40Words 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)

F41Words 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 M7Road Traffic Act 1988 grant a person whose licence and test certificate have been revoked under [F43paragraph 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) ] [F44or (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 [F45, 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.

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Amendments (Textual)

F44Words 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

Part VE+W+S Supplementary

Effect of disqualification until test is passed on re-testing ruleE+W+S

10Where—E+W+S

(a)a person’s test certificate has been revoked under [F46paragraph 5 (or a person’s Northern Ireland test certificate has been revoked under a provision of Northern Ireland law corresponding to paragraph 5(1) [F47or (1ZA)])] or his licence and test certificate have been revoked under [F48paragraph 8 (or a person’s Northern Ireland licence and Northern Ireland test certificate have been revoked under a provision of Northern Ireland law corresponding to paragraph 8(1) [F49or (1ZA)])], but

(b)before he passes a relevant driving test, an order is made in relation to him under section 36 of the Road Traffic Offenders Act 1988 (disqualification until test is passed),

paragraph 6(1) or, as the case may be, paragraph 9(1) shall not apply to him.

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Amendments (Textual)

F47Words in Sch. 1 para. 10(a) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 27(10)(a); S.I. 2008/3164, art. 3(b)

F49Words in Sch. 1 para. 10(a) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 27(10)(b); S.I. 2008/3164, art. 3(b)

RegulationsE+W+S

11(1)The Secretary of State may by regulations make provision for cases where, after the Secretary of State has revoked a person’s test certificate under [F50paragraph 5], or a person’s licence and test certificate under [F50paragraph 8], he receives notice—E+W+S

(a)that the person is appealing against a conviction or endorsement which was the basis or formed part of the basis for the revocation;

(b)that a court has quashed a conviction which was the basis or formed part of the basis for the revocation;

(c)that a court has quashed an endorsement which was the basis or formed part of the basis for the revocation and has not on doing so ordered that person to be disqualified;

(d)that a court has made an order which has the effect of reducing the penalty points taken into account for the purposes of section 2 [F51or (as the case may be) the provision of Northern Ireland law corresponding to that section] to a number smaller than six.

(2)Regulations under sub-paragraph (1) may in particular make provision for—

(a)issuing licences for such period as may be prescribed;

(b)licences issued under the regulations to be treated as revoked in such circumstances as may be prescribed;

(c)re-issuing a test certificate which has been revoked under [F50paragraph 5] or [F50paragraph 8];

(d)suspending or terminating any prescribed conditions applied by virtue of paragraph 5(3);

(e)requiring such courts as may be prescribed to give notice to the Secretary of State of the matters mentioned in sub-paragraph (3).

(3)The matters referred to are—

(a)that a person whose certificate has been or is due to be revoked under paragraph 5(1) or whose licence and certificate have been or are due to be revoked under paragraph 8(1) is appealing against a conviction or endorsement which is the basis or forms part of the basis for the revocation;

(b)that such an appeal has been abandoned.

(4)Any regulations under this paragraph may—

(a)include such incidental or supplementary provision as appears to the Secretary of State to be expedient;

(b)make different provision for different cases.

(5)Any regulations under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Amendments (Textual)

F50Words in Sch. 1 para. 11(1) substituted (11.10.2004) by virtue of Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 60(a); S.I. 2004/2624, art. 2(1)(2)(b)

Commencement Information

I1Sch. 1 para. 11 in force (1.3.1997) by S.I. 1997/267, art. 2(1)

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