(1)Where a person is convicted of an offence involving obligatory disqualification, the court must order him to be disqualified for such period not less than twelve months as the court thinks fit unless the court for special reasons thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified.
[F1(1A)Where a person is convicted of an offence under section 12A of the Theft Act 1968 (aggravated vehicle-taking), the fact that he did not drive the vehicle in question at any particular time or at all shall not be regarded as a special reason for the purposes of subsection (1) above.]
(2)Where a person is convicted of an offence involving discretionary disqualification, the court may order him to be disqualified for such period as the court thinks fit.
(3)Where a person convicted of an offence under any of the following provisions of the M1Road Traffic Act 1988, that is—
(a)section 4(1) (driving or attempting to drive while unfit),
(b)section 5(1)(a) (driving or attempting to drive with excess alcohol), and
(c)section 7(6) (failing to provide a specimen) where that is an offence involving obligatory disqualification,
has within the ten years immediately preceding the commission of the offence been convicted of any such offence, subsection (1) above shall apply in relation to him as if the reference to twelve months were a reference to three years.
(4)Where a person is convicted of an offence under section 1 of the Road Traffic Act 1988 (causing death by reckless driving), subsection (1) above shall apply in relation to him as if the reference to twelve months were a reference to two years.
(5)The preceding provisions of this section shall apply in relation to a conviction of an offence committed by aiding, abetting, counselling or procuring, or inciting to the commission of, an offence involving obligatory disqualification as if the offence were an offence involving discretionary disqualification.
(6)This section is subject to section 48 of this Act.
Textual Amendments
F1S. 34(1A) inserted (1.4.1992) by Aggravated Vehicle-Taking Act 1992 (c. 11), s. 3(2); S.I. 1992/764, art. 2
Marginal Citations