Road Traffic Act 1988

Changes over time for: Section 130

Alternative versions:

Changes to legislation:

Road Traffic Act 1988, Section 130 is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 130:

s. 130 repealed by 2006 c. 49 Sch. 6 para. 12 Sch. 7(14)
s. 130(7)-(13) repealed by 2009 c. 17 Sch. 2

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 34A inserted by 2000 c. 37 Sch. 7 para. 6 (This amendment not applied to legislation.gov.uk. The amending provision has been repealed)
s. 41(2)(m) inserted by 2006 c. 49 s. 18(1)(a)
s. 41(2)(ba) inserted by 2006 c. 49 s. 56(3)
s. 49(3A) inserted by 2006 c. 49 s. 48(1)
s. 66(7A) inserted by 2006 c. 49 s. 56(5)
s. 85(1) words omitted (temp.) by S.I. 2019/648 reg. 2(5)(a) (This amendment not applied to legislation.gov.uk. Reg. 2(5)(a) substituted (1.9.2020) by S.I. 2020/818, regs. 1(b), Sch. 6 para. 39(2)(c)(i))
s. 85(1) words omitted (temp.) by S.I. 2019/648 reg. 2(5)(d) (This amendment not applied to legislation.gov.uk. Reg. 2(5)(a) substituted (1.9.2020) by S.I. 2020/818, regs. 1(b), Sch. 6 para. 39(2)(c)(ii))
s. 85(2) added by 1988 c. 54 Sch. 2 para. 17(c)
s. 97(1)(c)(ia) words repealed by 2006 c. 49 Sch. 3 para. 6(2)(b) Sch. 7(4)
s. 97(1)(d)(ii) words omitted by S.I. 2018/1251 reg. 2(4)
s. 97(1ZA) inserted by 2006 c. 49 s. 38(2)
s. 108(1BA) inserted by S.I. 2018/1251 reg. 2(5)(c)
s. 123 123A substituted for s. 123 by 2006 c. 49 Sch. 6 para. 2
s. 123A(3) words inserted by 2009 c. 17 s. 1(3)
s. 124(3)-(5) inserted by 2009 c. 17 s. 3
s. 124(6) inserted by 2015 c. 20 Sch. 2 para. 2(b) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 125(3A)-(3D) inserted by 2015 c. 20 Sch. 2 para. 3(2) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 125(5A) inserted by 2015 c. 20 Sch. 2 para. 3(3) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 125A(5)-(7E) substituted for s. 125A(5)-(7) by 2006 c. 49 Sch. 6 para. 6(3)
s. 125ZA inserted by 2006 c. 49 Sch. 6 para. 5
s. 125ZA(2)(b) word omitted by 2015 c. 20 Sch. 2 para. 4(2)(a) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 125ZA(2)(d) and word inserted by 2015 c. 20 Sch. 2 para. 4(2)(b) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 125ZA(4)(c) word omitted by 2015 c. 20 Sch. 2 para. 4(3)(c) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 125ZA(4)(c) words substituted by 2015 c. 20 Sch. 2 para. 4(3)(b) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 125ZA(4)(ba)(bb) inserted by 2015 c. 20 Sch. 2 para. 4(3)(a) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 125ZA(4)(ca) inserted by 2015 c. 20 Sch. 2 para. 4(3)(d) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 126(5) omitted by 2015 c. 20 Sch. 2 para. 6 (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 126A inserted by 2016 c. 16 s. 1(3)
s. 126A omitted (cond.) by 2006 c. 49 Sch. 6 para. 8A (as inserted) by 2016 c. 16 s. 3(3)
s. 126A heading words inserted by S.I. 2016/1089 reg. 3(2) (This amendment not applied to legislation.gov.uk. Regs. 3, 4 omitted (1.12.2023) without ever being in force by virtue of S.I. 2023/1286, regs. 1, 7(3))
s. 126A(1) words inserted by S.I. 2016/1089 reg. 3(3)(a) (This amendment not applied to legislation.gov.uk. Regs. 3, 4 omitted (1.12.2023) without ever being in force by virtue of S.I. 2023/1286, regs. 1, 7(3))
s. 126A(1) words inserted by S.I. 2016/1089 reg. 3(3)(b) (This amendment not applied to legislation.gov.uk. Regs. 3, 4 omitted (1.12.2023) without ever being in force by virtue of S.I. 2023/1286, regs. 1, 7(3))
s. 128A inserted by 2006 c. 49 Sch. 6 para. 11
s. 128A(4) inserted by 2006 c. 49 Sch. 6 para. 11 (as inserted) by 2016 c. 16 s. 4(4)
s. 128B inserted by 2015 c. 20 Sch. 2 para. 9 (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 128ZA inserted by 2009 c. 17 s. 1(1)
s. 128ZB inserted by 2009 c. 17 s. 2
s. 128AZA 128AZB inserted by 2016 c. 16 s. 2(2)
s. 128AZA 128AZB inserted (cond.) by 2006 c. 49 Sch. 6 para. 10A (as inserted) by 2016 c. 16 s. 4(2)
s. 128AZA 128AZB substituted (cond.) by 2006 c. 49 Sch. 6 para. 10A (as inserted) by 2016 c. 16 s. 4(2)
s. 128AZA heading words inserted by S.I. 2016/1089 reg. 4(2)(a) (This amendment not applied to legislation.gov.uk. Regs. 3, 4 omitted (1.12.2023) without ever being in force by virtue of S.I. 2023/1286, regs. 1, 7(3))
s. 128AZA(1) words inserted by S.I. 2016/1089 reg. 4(2)(b) (This amendment not applied to legislation.gov.uk. Regs. 3, 4 omitted (1.12.2023) without ever being in force by virtue of S.I. 2023/1286, regs. 1, 7(3))
s. 128AZA(4) words inserted by S.I. 2016/1089 reg. 4(2)(c) (This amendment not applied to legislation.gov.uk. Regs. 3, 4 omitted (1.12.2023) without ever being in force by virtue of S.I. 2023/1286, regs. 1, 7(3))
s. 128AZB heading words inserted by S.I. 2016/1089 reg. 4(3)(a) (This amendment not applied to legislation.gov.uk. Regs. 3, 4 omitted (1.12.2023) without ever being in force by virtue of S.I. 2023/1286, regs. 1, 7(3))
s. 128AZB(1) words inserted by S.I. 2016/1089 reg. 4(3)(b)(i) (This amendment not applied to legislation.gov.uk. Regs. 3, 4 omitted (1.12.2023) without ever being in force by virtue of S.I. 2023/1286, regs. 1, 7(3))
s. 128AZB(1) words inserted by S.I. 2016/1089 reg. 4(3)(b)(ii) (This amendment not applied to legislation.gov.uk. Regs. 3, 4 omitted (1.12.2023) without ever being in force by virtue of S.I. 2023/1286, regs. 1, 7(3))
s. 131(A1)-(C1) inserted by 2006 c. 49, Sch. 6 para. 13(1A) (as inserted) by S.I. 2023/1286 Sch. 3 para. 92(2)(a)(i)
s. 131(3)(b)(c) substituted for s. 131(3)(b) and word by 2006 c. 49 Sch. 6 para. 13(4)
s. 131(6) inserted by 2016 c. 16 s. 2(4)
s. 131(6) inserted by 2006 c. 49 Sch. 6 para. 13(9) (as inserted) by 2016 c. 16 s. 4(5)
s. 131(6) substituted by 2006 c. 49 Sch. 6 para. 13(9) (as inserted) by 2016 c. 16 s. 4(5)
s. 132-133ZA and cross-heading substituted for ss. 132, 133 and cross-heading by 2006 c. 49 Sch. 6 para. 14
s. 133(2)(a) words omitted by 2015 c. 20 Sch. 2 para. 10(a) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 133(2)(b) words omitted by 2015 c. 20 Sch. 2 para. 10(b) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 133D(1A) inserted by 2015 c. 20 Sch. 2 para. 14(2) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
s. 140(1)(2) inserted by 2006 c. 49 Sch. 6 para. 23(2)
s. 140(1A) inserted in earlier affecting provision 2006 c. 49, Sch. 6 para. 23(2) by S.I. 2023/1286 Sch. 3 para. 92(2)(b)
s. 140(3) s. 140 renumbered as s. 140(3) by 2006 c. 49 Sch. 6 para. 23(1)
s. 141A(5) words repealed by 2006 c. 49 Sch. 3 para. 24 Sch. 7(4)
s. 143(1A) repealed (cond.) by S.I. 2019/1047 Sch. 2 para. 2 (This amendment not applied to legislation.gov.uk. The insertion of s. 143(1A) by 2018 c. 18, Sch. para. 17 was repealed (1.11.2019) by The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 2 para. 1 (with reg. 5) without ever being brought into force.)
s. 173(2)(g)-(gb) substituted for s. 173(2)(g) by 2006 c. 49 Sch. 6 para. 27
s. 173(2)(n) and word inserted by 2006 c. 49 s. 37(8)
s. 174(1)(da) inserted by 2006 c. 49 Sch. 6 para. 28
s. 183(6A) inserted by 2006 c. 49 Sch. 6 para. 29

130 Revocation of licences.E+W+S

(1)The registrar may revoke a licence granted under section 129 of this Act—

(a)if the person to whom the licence was granted fails to comply with any of the conditions subject to which it was granted, or

(b)if the Registrar is satisfied that, at any time since the licence was granted, any of the [F1relevant conditions] was fulfilled in his case, or

(c)if the licence was granted by mistake or procured by fraud.

(2)[F2[F3Except in the case of a licence granted by virtue of subsection (2)(b) of section 129 of this Act,] the relevant conditions are]—

(a)that he held [F4none] of the kinds of current licence mentioned in section 125 (3)(b) of this Act, F5...

(b)that he was disqualified under section 34 or 36 of the M1Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle under Part III of this Act, [F6or]

[F7(ba)that an assessor refused to grant him an emergency control certificate on completing an emergency control assessment of him following a requirement imposed as mentioned in section 129(5ZA)(a), or]

(c)that he ceased, apart from fulfilment of either of the preceding conditions, to be a fit and proper person to have his name in the register.

[F8(2A)[F9In the case of a licence granted by virtue of subsection (2)(b) of section 129 of this Act, the relevant conditions are—

(a)that he did not hold a current emergency control certificate, or

(b)that he did not hold a current disabled person’s limited driving licence, or

(c)that he was disqualified under section 34 or 36 of the Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle under Part III of this Act, or

(d)that he ceased, apart from fulfilment of any of the preceding conditions, to be a fit and proper person to have his name in the register as that of a disabled instructor.]]

(3)Before revoking a licence granted to a person [F10under this section] the Registrar must give him written notice stating that he is considering the revocation and giving particulars of the grounds on which he is considering it.

(4)Where the Registrar gives notice to a person under subsection (3) above—

(a)that person may, within the period of fourteen days beginning with the day on which the notice is given, make representations with respect to the proposed revocation, and

(b)the Registrar must not decide to revoke the licence until after the expiration of that period, and

(c)before deciding whether or not to revoke the licence, the Registrar must take into consideration any such representations made within that period.

(5)The Registrar must, on making a decision to revoke a licence [F10granted under this section], give notice in writing of the decision to the person concerned.

[F11(5A)A decision to revoke a licence shall take effect at the end of the period of fourteen days beginning with the day on which notice of the decision is given (or, if any appeal brought against the decision under the following provisions of this Part of this Act is previously withdrawn or dismissed, when the appeal is withdrawn or dismissed).

(6)But the Registrar may, when giving notice of his decision to revoke a licence, direct that (if an appeal under the following provisions of this Part of this Act is brought against the decision) it shall instead take effect—

(a)if the appeal is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal, or

(b)if and when the appeal is dismissed, and not otherwise.]

[F12(7)The Registrar may suspend a person's licence if the Registrar—

(a)has given, or is about to give, the person notice under subsection (3),

(b)is considering whether to revoke the licence, or has decided to revoke the licence but the decision is not yet in effect, and

(c)believes that the person would pose a significant threat to the safety of members of the public if the licence were not suspended.

(8)The Registrar must, on deciding to suspend a person's licence, give written notice of the decision to the person.

(9)The decision to suspend takes effect on the giving of the notice.

(10)No notice may be given under subsection (8) before the notice under subsection (3) is given but the subsection (8) notice may be included in the subsection (3) notice if the subsection (3) notice is still to be given when the decision to suspend is made.

(11)A suspension under subsection (7) is terminated if—

(a)the Registrar decides not to revoke the person's licence,

(b)the Registrar decides to revoke the person's licence but the decision has not taken effect and an appeal against the decision is successfully concluded,

(c)the Registrar has not decided whether to revoke the person's licence and the period of 75 days beginning with the giving of the subsection (3) notice has ended,

(d)the person's licence expires or is revoked, or

(e)the Registrar decides to terminate the suspension.

(12)The Registrar must give written notice to a person of the fact that the person's suspension is terminated as mentioned in subsection (11)(a) to (c) or (e).

(13)For the purposes of this Part of this Act the fact that a person's licence is suspended does not prevent the person from being a licence-holder.]

Textual Amendments

F1Words in s. 130(1)(b) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 7(2); S.I. 1996/1980, art. 2

F2Words in s. 130(2) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 7(3); S.I. 1996/1980, art. 2

F3Words in s. 130(2) omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 23(2)(a); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F4Word in s. 130(2)(a) substituted (1.4.1999) by S.I. 1999/357, reg. 2(4)

F5Word in s. 130(2)(a) omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 23(2)(b); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F6Word in s. 130(2)(b) omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 23(2)(b); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F7S. 130(2)(ba) inserted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 23(2)(c); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F8S. 130(2A) inserted (9.9.1996) by 1993 c. 31, s. 6 Sch. para. 7(4); S.I. 1996/1980, art. 2

F9S. 130(2A) omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 23(3); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F10Words in s. 130(3)(5) repealed (1.4.2002) by 2000 c. 38, s. 274, Sch. 31 Pt. V(1); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (as amended by S.I. 2002/846, art. 2(2))