The Motor Vehicles (Driving Licences) (Amendment) Regulations 1998

13.  For regulation 53 there shall be substituted—

“Holders of licences who are disqualified by order of a court

53.— (1) This regulation applies where a person’s large goods vehicle or passenger-carrying vehicle driver’s licence is treated as revoked by virtue of section 37(1) of the Offenders Act (effect of disqualification by court order) and where it applies subsections (1) and (2) of section 117 of the Traffic Act are modified in accordance with paragraphs (2) to (6).

(2) Where the licence which is treated as revoked is a large goods vehicle driver’s licence held by a person under the age of 21—

(a) the licensing authority must order that person to be disqualified either indefinitely or for a fixed period, and

(b) where the licensing authority determines that he shall be disqualified for a fixed period, he must be disqualified until he reaches the age of 21 or for such longer period as the licensing authority determines.

(3) Where the licence which is treated as revoked is a large goods vehicle driver’s licence held by any other person or is a passenger-carrying vehicle driver’s licence—

(a) the licensing authority may order that person to be disqualified either indefinitely or for such fixed period as he thinks fit, or

(b) except where the licence is a provisional licence, if it appears to the licensing authority that, owing to that person’s conduct, it is expedient to require him to comply with the prescribed conditions applicable to provisional licences until he passes a test, the licensing authority may order him to be disqualified for holding or obtaining a full licence until he passes a test.

(4) Where the licensing authority orders him to be disqualified until he passes a test, that test shall be a test prescribed by these Regulations for a licence authorising the driving of any class of vehicle in category C (other than sub-category C1), C+E, D or D+E which, prior to his disqualification by order of the court, he was authorised to drive by the revoked licence.

(5) Any question as to whether a person—

(a) shall be disqualified indefinitely or for a fixed period or until he passes a test, or

(b) if he is to be disqualified for a fixed period, what that period should be, or

(c) if he is to be disqualified until he passes a test, which test he should be required to pass,

may be referred by the licensing authority to the traffic commissioner for the area in which that person resides.

(6) Where the licensing authority determines that a person shall be disqualified for a fixed period, that period shall commence on the expiration of the period of disqualification ordered by the court.

(7) Where this regulation applies, subsections (3) to (6) of section 116 of the Traffic Act shall apply as if—

(a) subsection (4)(a) and the words “in any other case” in subsection (4)(b) were omitted, and

(b) the references to sections 115(1) and 116(1) of that Act were references to this regulation.”.