Road Traffic Act 1988 (c. 52)

Part IIIU.K. Licensing of drivers of vehicles

Modifications etc. (not altering text)

C1Pt. III (ss. 87–109) excluded by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), s. 37(3)

C2Pt. III (ss. 87–109) restricted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(6), Sch. 1 para. 6(5)

Pt. III (ss. 87-109) restricted (1.6.1997) by 1995 c. 13, ss. 4(1), 6, Sch. 1 Pt. III para. 6(1), Pt. IV para. 9(1) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

Pt. III (ss. 87-109) extended (1.6.1997) by 1995 c. 13, s. 5(7) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

Pt. III (ss. 87-109) applied (1.6.1997) by 1995 c. 13, s. 9(1) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

C3Pt. 3 excluded by 1988 c. 53, s. 37(4) (as added (4.1.2016) by The Road Traffic Offenders Act 1988 and Motor Vehicles (Driving Licences) (Amendment) Regulations 2015 (S.I. 2015/2004), reg. 2(2))

Physical fitnessE+W+S

94 Provision of information, etc. relating to disabilities.E+W+S

(1)If at any time during the period for which his licence remains in force, a licence holder becomes aware—

(a)that he is suffering from a relevant or prospective disability which he has not previously disclosed to the Secretary of State, or

(b)that a relevant or prospective disability from which he has at any time suffered (and which has been previously so disclosed) has become more acute since the licence was granted,

the licence holder must forthwith notify the Secretary of State in writing of the nature and extent of his disability.

(2)The licence holder is not required to notify the Secretary of State under subsection (1) above if—

(a)the disability is one from which he has not previously suffered, and

(b)he has reasonable grounds for believing that the duration of the disability will not extend beyond the period of three months beginning with the date on which he first becomes aware that he suffers from it.

(3)A person who fails without reasonable excuse to notify the Secretary of State as required by subsection (1) above is guilty of an offence.

F1[(3A)A person who holds a licence authorising him to drive a motor vehicle of any class and who drives a motor vehicle of that class on a road is guilty of an offence if at any earlier time while the licence was in force he was required by subsection (1) above to notify the Secretary of State but has failed without reasonable excuse to do so.]

(4)If [F2the prescribed circumstances obtain in relation to a person who is an applicant for, or the holder of, a licence of if] the Secretary of State has reasonable grounds for believing that a person who is an applicant for, or the holder of, a licence may be suffering from a relevant or prospective disability, subsection (5) below applies for the purpose of enabling the Secretary of State to satisfy himself whether or not [F3that person may be suffering from that or any other relevant or prospective disability].

(5)The Secretary of State may by notice in writing served on the applicant or holder—

(a)require him to provide the Secretary of State, within such reasonable time as may be specified in the notice, with such an authorisation as is mentioned in subsection (6) below, or

(b)require him, as soon as practicable, to arrange to submit himself for examination—

(i)by such registered medical practitioner or practitioners as may be nominated by the Secretary of State, or

(ii)with respect to a disability of a prescribed description, by such officer of the Secretary of State as may be so nominated,

for the purpose of determining whether or not he suffers or has at any time suffered from a relevant or prospective disability, or

(c)except where the application is for, or the licence held is, a provisional licence, require him to submit himself for [F4such a test of competence to drive as the Secretary of State directs in the notice.]

(6)The authorisation referred to in subsection (5)(a) above—

(a)shall be in such form and contain such particulars as may be specified in the notice by which it is required to be provided, and

(b)shall authorise any [F5registered healthcare professional identified in those particulars] to release to the Secretary of State any information which he may have, or which may be available to him, with respect to the question whether, and if so to what extent, the applicant or licence holder concerned may be suffering, or may at any time have suffered, from a relevant or prospective disability.

[F6(6A)Where a registered healthcare professional (A) identified in the particulars of an authorisation provided under subsection (5)(a) considers that another registered healthcare professional (P) has information with respect to the question set out in subsection (6)(b), A may give a copy of that authorisation to P.

(6B)Where a registered healthcare professional has received a copy of an authorisation in accordance with subsection (6A), that registered healthcare professional is authorised to release to the Secretary of State any information which they may have with respect to the question set out in subsection (6)(b).]

(7)If he considers it appropriate to do so in the case of any applicant or licence holder, the Secretary of State—

(a)may include in a single notice under subsection (5) above requirements under more than one paragraph of that subsection, and

(b)may at any time after the service of a notice under that subsection serve a further notice or notices under that subsection.

(8)If any person on whom a notice is served under subsection (5) above—

(a)fails without reasonable excuse to comply with a requirement contained in the notice, or

(b)fails any test of competence which he is required to take as mentioned in paragraph (c) of that subsection,

the Secretary of State may exercise his powers under sections 92 and 93 of this Act as if he were satisfied that the applicant or licence holder concerned is suffering from a relevant disability which is not prescribed for the purposes of any paragraph of section 92(4) of this Act or, if the Secretary of State so determines, as if he were satisfied that the applicant or licence holder concerned is suffering from a prospective disability.

(9)[F7Except where the requirement is made in the circumstances prescribed for the purposes of subsection (5) above, it shall be for the Secretary of State (and not for any other person) to] defray any fees or other reasonable expenses of a [F8registered healthcare professional] in connection with—

(a)the provision of information in pursuance of an authorisation required to be provided under subsection (5)(a) above, F9...

(b)any examination which a person is required to undergo as mentioned in subsection (5)(b) above [F10, or

(c)the provision of information authorised by subsection (6B)].

[F11(10)In this section, “registered healthcare professional” means a person on the register of one or more of the following bodies—

(a)the General Chiropractic Council;

(b)the General Medical Council;

(c)the General Optical Council;

(d)the General Osteopathic Council;

(e)the Nursing and Midwifery Council;

(f)the Health and Care Professions Council.]

Textual Amendments

F1S. 94(3A) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 18(2); S.I. 1992/1286, art. 2,Sch.