Road Traffic Act 1988

97 Grant of licences. E+W+S

(1) Subject to [F1 the following provisions of this section] and section 92 of this Act [F2 and, in the case of licences to drive large goods vehicles or passenger-carrying vehicles, to Part IV of this Act], the Secretary of State must F3 . . . grant a licence to a person who—

(a) makes an application for it in such manner and containing such particulars as the Secretary of State may specify [F4 and pays the fee (if any) which is prescribed],

(b) provides the Secretary of State with such evidence or further evidence in support of the application as the Secretary of State may require,

[F5 (c) surrenders to the Secretary of State—

(i) any previous licence granted to him after 1st January 1976 and its counterpart,

[F6 (ia) any Northern Ireland licence held by him together with its Northern Ireland counterpart and its counterpart (if any) issued to him under this Part of this Act,]

(ii) any Community licence and its counterpart (if any) issued to him, and

(iii) any British external licence or British Forces licence or exchangeable licence held by him,

or provides the Secretary of State with an explanation for not surrendering them which the Secretary of State considers adequate,]

(d) is not [F7 , in accordance with section 88(1B) of this Act, subject to a current disqualification which is relevant to the licence he applies for] and is not prevented from obtaining it by the provisions of section 89 of this Act [F8 or [F9 section 4 of or paragraph 6 or 9] of Schedule 1 to the Road Traffic (New Drivers) Act 1995].

[F10 (1A) Where any licence to be granted to an applicant would be in the form of a photocard, the Secretary of State may under subsection (1)(a) and (b) above in particular require him to provide a photograph which is a current likeness of him.]

[F11 (1AA) Where a licence under this Part of this Act is granted to a person who surrenders under sub-paragraph (ia) of subsection (1)(c) above his Northern Ireland licence together with the counterparts mentioned in that sub-paragraph to the Secretary of State—

(a) that person ceases to be authorised by virtue of section 109(1) of this Act to drive in Great Britain a motor vehicle of any class, and

(b) the Secretary of State must send the Northern Ireland licence and its Northern Ireland counterpart to the licensing authority in Northern Ireland together with particulars of the class of motor vehicles to which the licence granted under this Part of this Act relates.]

(2) If the application for the licence states that it is made for the purpose of enabling the applicant to drive a motor vehicle with a view to passing a test of competence to drive, any licence granted in pursuance of the application shall be a provisional licence for that purpose, and nothing in section 89 of this Act shall apply to such a licence.

(3) A provisional licence—

(a) shall be granted subject to prescribed conditions,

(b) shall, in any cases prescribed for the purposes of this paragraph, be restricted so as to authorise only the driving of vehicles of the classes so prescribed,

(c) may, in the case of a person appearing to the Secretary of State to be suffering from a relevant disability or a prospective disability, be restricted so as to authorise only the driving of vehicles of a particular construction or design specified in the licence, F12 . . .

F13 [(d) shall not authorise a person under the age of 21 years, before he has passed a test of competence to drive a motor bicycle,—

(i) to drive a motor bicycle without a side-car unless it is a learner motor bicycle (as defined in subsection (5) below) or its first use (as defined in regulations) occurred before 1st January 1982 and the cylinder capacity of its engine does not exceed 125 cubic centimetres, or

(ii) to drive a motor bicycle with a side-car unless its power to weight ratio is less than or equal to 0.16 kilowatts per kilogram,][F14 , and

(e) except as provided under subsection (3B) below, shall not authorise a person, before he has passed a test of competence to drive, to drive on a road a motor bicycle [F15 or moped] except where he has successfully completed an approved training course for motor cyclists or is undergoing training on such a course and is driving the motor [F16 bicycle][F15 or moped] on the road as part of the training.]

[F17 (3A) Regulations may make provision as respects the training in the driving of motor bicycles [F18 and mopeds] of persons wishing to obtain licences authorising the driving of such motor [F19 bicycles][F18 and mopeds] by means of courses of training provided in accordance with the regulations; and the regulations may in particular make provision with respect to—

(a) the nature of the courses of training;

(b) the approval by the Secretary of State of the persons providing the courses and the withdrawal of his approval;

(c) the maximum amount of any charges payable by persons undergoing the training;

(d) certificates evidencing the successful completion by persons of a course of training and the supply by the Secretary of State of the forms which are to be used for such certificates; and

(e) the making, in connection with the supply of forms of certificates, of reasonable charges for the discharge of the functions of the Secretary of State under the regulations;

and different provision may be made for training in different classes of motor [F19 bicycles][F18 and mopeds].

(3B) Regulations may prescribe cases in which persons holding a provisional licence are exempt from the restriction imposed by subsection (3)(e) above on their driving under the licence; and the regulations may—

(a) limit the exemption to persons in prescribed circumstances;

(b) limit the exemption to a prescribed period or in respect of driving in a prescribed area;

(c) attach conditions to the exemption; and

(d) regulate applications for, and the issue and form of, certificates evidencing the holder’s exemption from the restriction.]

(4) Regulations may authorise or require the Secretary of State to refuse a provisional licence authorising the driving of a motor [F20 bicycle][F21 or moped] of a prescribed class if the applicant has held such a provisional licence and the licence applied for would come into force within the prescribed period—

(a) beginning at the end of the period for which the previous licence authorised (or would, if not surrendered or revoked, have authorised) the driving of such a motor [F20 bicycle][F21 or moped], or

(b) beginning at such other time as may be prescribed.

(5) A learner motor [F22 bicycle] is a motor [F22 bicycle] which either is propelled by electric power or has the following characteristics—

(a) the cylinder capacity of its engine does not exceed 125 cubic centimetres,

F23 [(b) the maximum net power output of its engine does not exceed eleven kilowatts.]

F24 [(6) In this section—

• “maximum net power output”, in relation to an engine, means the maximum net power output measured under full engine load, and

• “power to weight ratio”, in relation to a motor bicycle with a side-car, means the ratio of the maximum net power output of the engine of the motor bicycle to the weight of the combination with—

(a) a full supply of fuel in the tank,

(b) an adequate supply of other liquids needed for its propulsion, and

(c) no load other than its normal equipment, including loose tools.]

F25 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words substituted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 6(2)(a)

F2 Words inserted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 9(a)

F3 Words repealed by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 16, Sch. 6

F4 Words inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 9(b)

F5 S. 97(1)(c) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 6(2)

F6 S. 97(1)(c)(ia) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 78(2)(a), 94; S.I. 2004/2624, art. 2(2)(a)

F7 Words substituted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 9(d)

F8 Words in s. 97(1)(d) inserted (1.6.1997) by 1995 c. 13, s. 10(4), Sch. 2 para. 2(2)(b) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

F9 Words in s. 97(1)(d) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 21; S.I. 2004/2624, art. 2(2)(b)

F10 S. 97(1A) inserted (1.7.1998) by S.I. 1998/1420, reg. 6(2)

F11 S. 97(1AA) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 78(2)(b), 94; S.I. 2004/2624, art. 2(2)(a)

F12 Word repealed by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 16, Sch. 6

F13 S. 97(3)(d) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 6(3)(a)

F14 S. 97(3)(e) and word immediately preceding it inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 6(2)(b)

F15 Words in s. 97(3)(e) inserted (1.7.1998) by S.I. 1998/1420, reg. 6(3)

F16 Word in s. 97(3)(e) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 6(3)(b)

F17 S. 97(3A)(3B) inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 6(2)(c)

F18 Words in s. 97(3A) inserted (1.7.1998) by S.I. 1998/1420, reg. 6(4)

F19 Words in s. 97(3A) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 6(4)

F20 Words in s. 97(4) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 6(5)

F21 Words in s. 97(4) inserted (1.7.1998) by S.I. 1998/1420, reg. 6(5)

F22 Words in s. 97(5) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 6(6)(a)

F23 S. 97(b) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) for s. 97(b)(c) by S.I. 1996/1974, reg. 2, Sch. 1 para. 6(6)(b)

F24 S. 97(6) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 6(7)

F25 S. 97(7) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 17(3), 83, Sch. 8; S.I. 1992/1286, art. 2, Sch.

Modifications etc. (not altering text)

C1 S. 97(3) excluded (23.6.1999) by S.I. 1999/1736, art. 8(4)

C2 S. 97(3)(e) excluded by S.I. 1987/1378, regs. 23E(2), 23G(2) (as inserted by S.I. 1990/2334, reg. 4)