Road Traffic Act 1988

Licences E+W+S

129 Licences for giving instruction so as to obtain practical experience. E+W+S

(1) A licence under this section is granted for the purpose of enabling a person to acquire practical experience in giving instruction in driving motor cars with a view to undergoing [F1 such part of the examination referred to in section 125(3)(a) as consists of a practical test of ability and fitness to instruct].

[F2 (1A) An application for a licence to give paid instruction in the driving of a motor car must be made to the Registrar, in the manner determined by the Secretary of State, accompanied by particulars so determined.

(1B) The Registrar may, in the circumstances mentioned in subsection (1C), require the applicant to submit himself for an emergency control assessment in connection with the application.

(1C) Those circumstances are that the Registrar has reasonable grounds for believing that the person in question would be unable to take control of a motor car of a prescribed class if an emergency arose while he was giving driving instruction in such a motor car.]

[F3 (2) Where a person duly applies for a licence, the Registrar must, on payment of such fee, if any, as may be prescribed, grant to the applicant a licence to give paid instruction in the driving of a motor car if the Registrar is satisfied—

(a) that the applicant has passed the other parts of the examination referred to in subsection (1),

(b) that the conditions set out in section 125(3)(b), (c), (d) and (e) are fulfilled in the applicant's case, and

(c) in the case of an applicant who has been required under subsection (1B) to submit himself for an emergency control assessment, he holds a current emergency control certificate.]

(3) The Registrar may refuse to grant a licence under this section to an applicant to whom such a licence has previously been issued.

(4) The Registrar must, on making a decision on an application under subsection (2) above, give notice in writing of the decision to the applicant which, in the case of a decision to refuse the application, must state the grounds of the refusal.

(5) A licence under this section shall be in such form, shall be in force for such period, [F4 and [F5 , subject to subsection (5A) below,] shall] be granted subject to such conditions, as may be prescribed by regulations.

[F6 (5ZA) Those conditions may (in particular) include—

(a) a condition requiring the person to whom the licence was granted, if required to do so by the Registrar at any time when the circumstances mentioned in subsection (1C) apply, to submit himself for an emergency control assessment (whether or not the person already holds an emergency control certificate) on such day (within such period as may be prescribed) and at such place as may be specified by the Registrar;

(b) a condition requiring that, if instruction in the driving of a motor car is to be given in circumstances where there is a reasonable expectation of an emergency arising which necessitates the instructor taking control of the car, the person will only give such instruction if he would be able to take control of the car if such an emergency arose while giving the instruction.]

[F7 (5A) [F8 A licence granted by virtue of paragraph (b) of subsection (2) above shall be granted subject to the condition that the person to whom it is granted shall not give paid instruction in the driving of a motor car—

(a) unless he holds a current emergency control certificate, and

(b) the car is an authorised motor car.]

(5B) [F9 In subsection (5A) above “authorised motor car”, in relation to any person, means a motor car which falls within the class of motor car specified in his current emergency control certificate and, where modifications are specified in that certificate, is modified in accordance with the specification.]]

(6) Notwithstanding any provision of regulations made by virtue of subsection (5) above prescribing the period for which a licence is to be in force, where a person applies for a new licence in substitution for a licence held by him and current at the date of the application, the previous licence shall not expire—

(a) until the commencement of the new licence, or

(b) if the Registrar decides to refuse the application, until the time limited for an appeal under the following provisions of this Part of this Act against the decision has expired and, if such an appeal is duly brought, it is finally disposed of.

(7) Before deciding to refuse an application for a new licence in substitution for a licence current at the date of the application, the Registrar must give to the applicant written notice stating that he is considering the refusal and giving particulars of the grounds on which he is considering it.

(8) Where the Registrar gives notice under subsection (7) above—

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

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

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

[F10 (9) Sections 130(7) to (13) and 131A apply in relation to suspending a person's licence in connection with an application for a new licence in substitution for a licence current at the date of the application as if—

(a) the references in sections 130(7) to (13) and 131A to—

(i) a notice under section 130(3) were references to a notice under subsection (7) above,

(ii) the revocation of the licence were (except in section 130(11)(d)) references to the refusal of the person's application for a new licence, and

(iii) the decision not being in effect were references to the decision not being in effect because the licence has not expired, and

(b) section 131A(3), and the words “(whether or not the Registrar's decision has taken effect)” in section 131A(2)(b), were omitted.]

Textual Amendments

F1 Words in s. 129(1) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 22(2); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F2 S. 129(1A)-(1C) inserted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 22(3); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F3 S. 129(2) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 22(4); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F4 Words in s. 129(5) substituted (9.9.1996) by 1993 c. 31, s. 2(3); S.I. 1996/1980, art. 2

F5 Words in s. 129(5) omitted by virtue of (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 22(5); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F6 S. 129(5ZA) inserted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 22(6); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F7 S. 129(5A)(5B) inserted (9.9.1996) by 1993 c. 31, s. 2(4); S.I. 1996/1980, art. 2

F8 S. 129(5A) omitted by virtue of (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 22(7); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F9 S. 129(5B) omitted by virtue of (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 22(7); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F10 S. 129(9) inserted (6.7.2012) by Driving Instruction (Suspension and Exemption Powers) Act 2009 (c. 17), s. 7(3), Sch. 1 para. 6; S.I. 2012/1356, art. 4(b)

Modifications etc. (not altering text)

C1 S. 129 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

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 [F11 relevant conditions] was fulfilled in his case, or

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

(2) [F12 [F13 Except 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 [F14 none] of the kinds of current licence mentioned in section 125 (3)(b) of this Act, F15 ...

(b) that he was disqualified under section 34 or 36 of the M1 Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle under Part III of this Act, [F16 or]

[F17 (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.

[F18 (2A) [F19 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 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 [F20 under 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 [F20 granted under this section], give notice in writing of the decision to the person concerned.

[F21 (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.]

[F22 (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

F11 Words 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

F12 Words in s. 130(2) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 7(3); S.I. 1996/1980, art. 2

F13 Words 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)

F14 Word in s. 130(2)(a) substituted (1.4.1999) by S.I. 1999/357, reg. 2(4)

F15 Word 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)

F16 Word 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)

F17 S. 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)

F18 S. 130(2A) inserted (9.9.1996) by 1993 c. 31, s. 6 Sch. para. 7(4); S.I. 1996/1980, art. 2

F19 S. 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)

F20 Words 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))

F21 S. 130(5A)(6) substituted (1.4.2002) for s. 130(6) by 2000 c. 38, s. 259(3); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F22 S. 130(7)-(13) inserted (6.7.2012) by Driving Instruction (Suspension and Exemption Powers) Act 2009 (c. 17), s. 7(3), Sch. 1 para. 5; S.I. 2012/1356, art. 4(b)

Modifications etc. (not altering text)

C2 S. 130 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

C3 S. 130(2)(b) extended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 5, Sch. 4 para. 7(2)

Marginal Citations

M1 1988 c. 53.