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Road Safety Act 2006

Section 39: Compulsory surrender of old-form licences

127.Section 39 inserts a new section 98A into the RTA. This new section contains an order making power that provides for the compulsory surrender of old-form driving licences.

128.Although the first licences to be surrendered are likely to be paper ones, a recall of first generation photocard format driving licences may be necessary in the future. The section therefore provides that an order made under this new section may specify as to the description of licences to be surrendered:

  • licences which are not in the form of a photocard, or

  • licences in the form of a photo-card of a description no longer specified by the Secretary of State as a form in which licences are granted.

129.The order to be made under the new section will provide that a new licence be granted to every holder of a licence surrendered who pays such fee (if any) which may be charged for the issue of the replacement licences and who provides the Secretary of State with such evidence or further evidence as the Secretary of State may require (which may include a photograph which is a current likeness).

130.The order will provide that anyone failing, without reasonable excuse, to comply with any requirement imposed by the order to surrender a licence and its counterpart will be guilty of an offence punishable on summary conviction with a fine not exceeding level 3 on the standard scale (£1,000). Driving entitlement will continue until the date on which the original licence would have expired had it not been surrendered.

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