Road Traffic (New Drivers) Act 1995

1995 CHAPTER 13

An Act to make provision about newly qualified drivers who commit certain offences, including provision with respect to tests of competence to drive.

[28th June 1995]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Introductory E+W+S

1 Probationary period for newly qualified drivers. E+W+S

(1) For the purposes of this Act, a person’s probationary period is, subject to section 7, the period of two years beginning with the day on which he becomes a qualified driver.

(2) For the purposes of this Act, a person becomes a qualified driver on the first occasion on which he passes—

(a) any test of competence to drive mentioned in paragraph (a) or (c) of section 89(1) of the M1 Road Traffic Act 1988;

(b) any test of competence to drive conducted under the law of

[F1 (i) another EEA State,

(ii) the Isle of Man,

(iii) any of the Channel Islands, or

(iv) Gibraltar.]

(3) In subsection (2) “EEA State” means a State which is a contracting party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein.

(4) In subsection (3) “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.

Textual Amendments

F1 Words in s. 1(2)(b) substituted (1.1.1997) by S.I. 1996/1974, reg. 5, Sch. 4 para. 5(2)

Marginal Citations

M1 1988 c. 52.

Revocation of licences and re-testing E+W+S

2 Surrender of licences. E+W+S

(1) Subsection (2) applies where—

(a) a person is the holder of a licence;

(b) he is convicted of an offence involving obligatory endorsement;

(c) the penalty points to be taken into account under section 29 of the M2 Road Traffic Offenders Act 1988 on that occasion number six or more;

(d) the court makes an order falling within section 44(1)(b) of that Act in respect of the offence;

(e) the person’s licence shows the date on which he became a qualified driver, or that date has been shown by other evidence in the proceedings; and

(f) it appears to the court, in the light of the order and the date so shown, that the offence was committed during the person’s probationary period.

(2) Where this subsection applies, the court must send to the Secretary of State—

(a) a notice containing the particulars required to be endorsed on the counterpart of the person’s licence in accordance with the order referred to in subsection (1)(d); and

(b) on their production to the court, the person’s licence and its counterpart.

(3) Subsection (4) applies where—

(a) a person’s licence and its counterpart have been sent to the fixed penalty clerk under section 54(7) of the M3 Road Traffic Offenders Act 1988 or delivered to the fixed penalty clerk in response to a conditional offer issued under section 75 of that Act;

(b) the offence to which the fixed penalty notice or the conditional offer relates is one involving obligatory endorsement;

(c) the fixed penalty clerk endorses the number of penalty points to be attributed to the offence on the counterpart of the licence;

(d) the penalty points to be taken into account by the fixed penalty clerk in respect of the offence number six or more;

(e) the licence shows the date on which the person became a qualified driver; and

(f) it appears to the fixed penalty clerk, in the light of the particulars of the offence endorsed on the counterpart of the licence and the date so shown, that the offence was committed during the person’s probationary period.

(4) Where this subsection applies, the fixed penalty clerk—

(a) may not return the licence and its counterpart under section 57(3) or (4) or 77(1) of the M4 Road Traffic Offenders Act 1988; but

(b) must send them to the Secretary of State.

(5) For the purposes of subsection (3)(d) the penalty points to be taken into account by the fixed penalty clerk in respect of the offence are the penalty points which would have been taken into account under section 29 of the M5 Road Traffic Offenders Act 1988 if—

(a) the person in question had been convicted of the offence; and

(b) the number of penalty points to be attributed to the offence on that occasion had been determined in accordance with section 28(3) of that Act.

[F2 (6) In this section and section 3 “licence” includes a Northern Ireland licence.]

Textual Amendments

F2 S. 2(6) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 46; S.I. 2004/2624, art. 2(1)(2)(b)

Marginal Citations

M2 1988 c. 53.

M3 1988 c. 53.

M4 1988 c. 53.

M5 1988 c. 53.

3 Revocation of licences. E+W+S

(1) Where the Secretary of State receives—

(a) a notice sent to him under section 2(2)(a) of particulars required to be endorsed on the counterpart of a person’s licence, or

(b) a person’s licence and its counterpart sent to him in accordance with section 2(2)(b) or (4),

the Secretary of State must by notice served on that person revoke the licence.

[F3 (1A) Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under subsection (1), the Secretary of State must send to the licensing authority in Northern Ireland—

(a) particulars of the notice; and

(b) the Northern Ireland licence.

(1B) Where the Secretary of State is sent by that licensing authority particulars of a notice served on the holder of a licence under a provision of Northern Ireland law corresponding to subsection (1), he must by notice served on the holder revoke the licence.]

(2) A revocation under subsection (1) [F4 or (1B)] shall have effect from a date specified in the notice of revocation which may not be earlier than the date of service of that notice.

[F5 (3) In this section references to the revocation of a person’s Northern Ireland licence are references to its revocation as respects Great Britain; and, accordingly, the person ceases to be authorised by virtue of section 109(1) of the Road Traffic Act 1988 to drive in Great Britain a motor vehicle of any class.]

Textual Amendments

F3 S. 3(1A)(1B) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 47(a); S.I. 2004/2624, art. 2(1)(2)(b)

F4 Words in s. 3(2) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 47(b); S.I. 2004/2624, art. 2(1)(2)(b)

F5 S. 3(3) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 47(c); S.I. 2004/2624, art. 2(1)(2)(b)

4 Re-testing. E+W+S

(1) Subject to subsection (5) and section 5, the Secretary of State may not under Part III of the M6 Road Traffic Act 1988 grant a person whose licence has been revoked under [F6 section 3] a full licence to drive any class of vehicles in relation to which the revoked licence was issued as a full licence [F7 or (as the case may be) full Northern Ireland licence] unless he satisfies the Secretary of State that within the relevant period he has passed a relevant driving test.

[F8 (1A) Subject to subsection (5), the Secretary of State may not under that Part grant a person whose Northern Ireland licence has been revoked under a provision of Northern Ireland law corresponding to section 3(1) a full licence to drive any class of vehicles in relation to which the revoked licence was issued as a full Northern Ireland licence unless he satisfies the Secretary of State as mentioned in subsection (1).]

(2) In this section “relevant driving test” means, in relation to a person whose licence has been revoked, any test which—

(a) falls within paragraph (a) or (b) of section 1(2); and

(b) is a test of competence to drive any vehicle included in any class of vehicles in relation to which the revoked licence was issued as a full licence [F9 or (as the case may be) full Northern Ireland licence].

(3) If the Secretary of State grants a full licence to a person who is required to pass a relevant driving test in order to be granted that licence, the licence granted must (subject to section 92 and Part IV of the M7 Road Traffic Act 1988) be one authorising that person to drive all the classes of vehicles in relation to which the revoked licence was issued as a full licence [F10 or (as the case may be) full Northern Ireland licence].

(4) In subsection (1) “the relevant period” means the period beginning—

(a) after the date of the revocation of the licence; and

(b) not more than two years before the date on which the application for the full licence is made.

(5) [F11 Subsections (1) and (1A) do] not apply to a person whose licence has been revoked under [F12 section 3 or whose Northern Ireland licence has been revoked under a provision of Northern Ireland law corresponding to section 3(1)] if, before he passes a relevant driving test, an order is made in relation to him under section 36 of the M8 Road Traffic Offenders Act 1988 (disqualification until test is passed).

Textual Amendments

F6 Words in s. 4(1) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 48(a)(i); S.I. 2004/2624, art. 2(1)(2)(b)

F7 Words in s. 4(1) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 48(a)(ii); S.I. 2004/2624, art. 2(1)(2)(b)

F8 S. 4(1A) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 48(b); S.I. 2004/2624, art. 2(1)(2)(b)

F9 Words in s. 4(2) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 48(c); S.I. 2004/2624, art. 2(1)(2)(b)

F10 Words in s. 4(3) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 48(c); S.I. 2004/2624, art. 2(1)(2)(b)

F11 Words in s. 4(5) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 48(d)(i); S.I. 2004/2624, art. 2(1)(2)(b)

F12 Words in s. 4(5) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 48(d)(ii); S.I. 2004/2624, art. 2(1)(2)(b)

Marginal Citations

M6 1988 c. 52.

M7 1988 c. 52.

M8 1988 c. 53.

5 Restoration of licence without re-testing in certain cases. E+W+S

(1) If the Secretary of State receives notice that a person whose licence has been revoked under [F13 section 3] is appealing against a conviction or endorsement which was the basis or formed part of the basis for the revocation, he must grant that person free of charge a full licence for a period prescribed by regulations.

(2) Regulations under subsection (1) may in particular prescribe—

(a) a period expiring when the appeal is finally determined or abandoned; or

(b) a period expiring on the date on which the revoked licence would have expired if it had not been revoked.

(3) If the regulations prescribe a period other than that mentioned in subsection (2)(a), a licence granted under subsection (1) shall be treated as revoked if—

(a) following the appeal, the penalty points taken into account for the purposes of section 2 [F14 or (as the case may be) the provision of Northern Ireland law corresponding to that section] are not reduced to a number smaller than six; or

(b) the appeal is abandoned.

(4) If, in the case of a person whose licence has been revoked under [F15 section 3], the Secretary of State receives notice that a court—

(a) has quashed a conviction which was the basis or formed part of the basis for the revocation of the licence,

(b) has quashed an endorsement which was the basis or formed part of the basis for the revocation of the licence and has not on doing so ordered him to be disqualified, or

(c) has made an order which has the effect of reducing the penalty points taken into account for the purposes of section 2 [F16 or (as the case may be) the provision of Northern Ireland law corresponding to that section] to a number smaller than six,

then, subject to subsection (5), the Secretary of State must grant that person free of charge a full licence for a period expiring on the date on which the revoked licence would have expired if it had not been revoked.

(5) Subsection (4) does not require the Secretary of State to grant a licence to a person who has been granted a previous licence which has not been surrendered unless that person provides the Secretary of State with an explanation for not surrendering the previous licence that the Secretary of State considers adequate.

(6) If, in accordance with subsection (1) or (4), the Secretary of State grants a full licence to a person whose licence has been revoked under [F17 section 3], the licence granted must be one authorising that person to drive all the classes of vehicles in relation to which the revoked licence was issued as a full licence.

(7) Any licence granted in accordance with subsection (1) or (4) shall have effect for the purposes of the Road Traffic Acts as if it were a licence granted under Part III of the M9 Road Traffic Act 1988.

(8) Regulations may make provision for requiring such courts as may be prescribed to give notice to the Secretary of State—

(a) that a person whose licence has been or is due to be revoked under section 3(1) is appealing against a conviction or endorsement which is the basis or forms part of the basis for the revocation;

(b) that such an appeal has been abandoned.

(9) Regulations under this section may—

(a) include such incidental or supplementary provision as appears to the Secretary of State to be expedient;

(b) make different provision for different cases.

(10) Any regulations made under this section shall be made by the Secretary of State by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F18 (11) Nothing in this section applies in relation to a person whose Northern Ireland licence has been revoked under section 3(1).]

Textual Amendments

F13 Words in s. 5(1) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 49(a); S.I. 2004/2624, art. 2(1)(2)(b)

F14 Words in s. 5(3)(a) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 49(b); S.I. 2004/2624, art. 2(1)(2)(b)

F15 Words in s. 5(4) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 49(a); S.I. 2004/2624, art. 2(1)(2)(b)

F16 Words in s. 5(4)(c) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 49(b); S.I. 2004/2624, art. 2(1)(2)(b)

F17 Words in s. 5(6) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 49(a); S.I. 2004/2624, art. 2(1)(2)(b)

F18 S. 5(11) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 49(c); S.I. 2004/2624, art. 2(1)(2)(b)

Commencement Information

I1 S. 5 wholly in force; s. 5 not in force at Royal Assent, see s. 10(2); s. 5(1)(2)(8)(9) and (10) in force at 1.3.1997 and s. 5 fully in force at 1.6.1996 by S.I. 1997/267, art. 2(1)(2)

Marginal Citations

M9 1988 c. 52.

Miscellaneous and general E+W+S

6 Newly qualified drivers holding test certificates. E+W+S

Schedule 1 (which makes provision about newly qualified drivers who hold test certificates) shall have effect.

Commencement Information

I2 S. 6 wholly in force; s. 6 not in force at Royal Assent, see s. 10(2); s. 6 in force at 1.3.1997, so far as it gives effect to paragraph 11 of Schedule 1 and in force at 1.6.1996 by S.I. 1997/267, arts. 2(1)(2)

7 Early termination of probationary period. E+W+S

For the purposes of this Act a person’s probationary period comes to an end if—

(a) an order is made in relation to him under section 36 of the M10 Road Traffic Offenders Act 1988 (order that a person be disqualified until he passes the appropriate driving test);

(b) after his licence is revoked under [F19 section 3], he is granted a full licence following the passing of a test which is a relevant driving test for the purposes of section 4; or

(c) after his test certificate is revoked under [F20 paragraph 5] of Schedule 1, or his licence and test certificate are revoked under [F21 paragraph 8] of that Schedule, he is granted a full licence following the passing of a test which is a relevant driving test for the purposes of paragraph 6 or 9 of that Schedule.

Textual Amendments

F19 Words in s. 7(b) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 50(a); S.I. 2004/2624, art. 2(1)(2)(b)

F20 Words in s. 7(c) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 50(b)(i); S.I. 2004/2624, art. 2(1)(2)(b)

F21 Words in s. 7(c) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 50(b)(ii); S.I. 2004/2624, art. 2(1)(2)(b)

Marginal Citations

M10 1988 c. 53.

8 The Crown. E+W+S

This Act applies to persons in the public service of the Crown.

9 Interpretation etc. E+W+S

(1) Expressions used in this Act which are also used in Part III of the M11 Road Traffic Act 1988 shall be construed in the same way as in that Act.

(2) Expressions used in this Act which are also used in the M12 Road Traffic Offenders Act 1988 shall be construed in the same way as in that Act.

[F22 (2A) In this Act—

• “ full Northern Ireland licence ” means a Northern Ireland licence other than a Northern Ireland provisional licence,

• “ Northern Ireland provisional licence ” means a Northern Ireland licence which corresponds to a provisional licence. ]

(3) In this Act “notice” means notice in writing.

(4) Section 107 of the Road Traffic Act 1988 (service of notices) applies to a notice served under section 3 or paragraph 5 or 8 of Schedule 1 [F23 as it applies to a notice served under Part III or IV of that Act].

(5) Any requirement under any provision of this Act that a licence and its counterpart, a test certificate or a notice must be sent to the Secretary of State is a requirement that the licence and its counterpart, the test certificate or the notice must be sent to the Secretary of State at such address as the Secretary of State may determine.

Textual Amendments

F22 S. 9(2A) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 51; S.I. 2004/2624, art. 2(1)(2)(b)

F23 Words in s. 9(4) substituted (1.1.1997) by S.I. 1996/1974, reg. 5, Sch. 4 para. 5(3)

Marginal Citations

M11 1988 c. 52.

M12 1988 c. 53.

10 Short title, commencement, extent etc. E+W+S

(1) This Act may be cited as the Road Traffic (New Drivers) Act 1995.

(2) The provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be so appointed for different provisions.

(3) Nothing in any provision of this Act applies to a person who becomes a qualified driver before the day on which the provision comes into force.

(4) The consequential amendments set out in Schedule 2 shall have effect.

(5) This Act does not extend to Northern Ireland.

Subordinate Legislation Made

P1 S. 10(2) power fully exercised (5.2.1997): 1.3.1997 appointed day for specified provisions and 1.6.1997 for the rest of the act by S.I. 1997/267, arts. 2(1)(2)

Commencement Information

I3 S. 10 wholly in force; s. 10 not in force at Royal Assent, see s. 10(2); s. 10(1) and (5) in force at 1.3.1997 and s. 10 fully in force at 1.6.1996 by S.I. 1997/267, arts. 2(1)(2)

SCHEDULES

Section 6.

SCHEDULE 1 E+W+S Newly qualified drivers holding test certificates

Part I E+W+S General

Interpretation E+W+S

1 (1) In this Schedule “test certificate” means a certificate or other document which by virtue of regulations under section 89 of the M13 Road Traffic Act 1988 is evidence that a person has not more than two years previously passed a test of competence to drive prescribed by virtue of such regulations. E+W+S

(2) In this Schedule “prescribed conditions” means the prescribed conditions referred to in section 97(3) of the 1988 Act (subject to which provisional licences are granted).

[F24 (3) In this Schedule “licence” includes a Northern Ireland licence, “full licence” includes a full Northern Ireland licence and “provisional licence” includes a Northern Ireland provisional licence.

(4) In relation to the holder of a Northern Ireland licence, the following sub-paragraphs have effect for the purposes of this Schedule.

(5) References to a test certificate are references to a certificate or other document (in this Schedule referred to as a “Northern Ireland test certificate”) which is evidence that he has not more than two years previously passed a Northern Ireland test of competence to drive corresponding to the test mentioned in sub-paragraph (1).

(6) References to prescribed conditions are references to conditions subject to which the Northern Ireland provisional licence was granted.]

Textual Amendments

F24 Sch. 1 para. 1(3)-(6) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 53; S.I. 2004/2624, art. 2(1)(2)(b)

Marginal Citations

M13 1988 c. 52.

Application of Schedule E+W+S

2 (1) Part II of this Schedule applies to any person to whom Part III or IV of this Schedule applies. E+W+S

(2) Part III of this Schedule applies to a person who holds—

(a) a licence issued as a provisional licence; and

(b) a test certificate.

(3) Part IV of this Schedule applies to a person who falls within sub-paragraph (4) or (5).

(4) A person falls within this sub-paragraph if—

(a) he holds a licence issued as a full licence in relation to a class or certain classes of vehicles;

(b) he is treated under section 98(2) of the Road Traffic Act 1988 as authorised by a provisional licence to drive another class or other classes of vehicles; and

(c) he holds a test certificate which relates to that other class of vehicles or any of those other classes of vehicles.

[F25 (4A) In relation to the holder of a Northern Ireland licence, the reference in sub-paragraph (4)(b) to section 98(2) of the Road Traffic Act 1988 is a reference to the corresponding provision under the law of Northern Ireland.]

(5) A person falls within this sub-paragraph if he holds—

(a) a licence issued as a full licence in relation to a class or certain classes of vehicles and as a provisional licence in relation to another class or other classes of vehicles; and

(b) a test certificate which relates to that other class of vehicles or any of those other classes of vehicles.

Textual Amendments

F25 Sch. 1 para. 2(4A) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 54; S.I. 2004/2624, art. 2(1)(2)(b)

Part II E+W+S Duty to provide test certificate

3 (1) Sub-paragraph (2) applies where— E+W+S

(a) a person to whom this Part of this Schedule applies is prosecuted for an offence involving obligatory endorsement; and

(b) the time at which the offence for which he is prosecuted is alleged to have occurred is a time during his probationary period.

(2) Any obligations imposed on the person under section 7 of the M14 Road Traffic Offenders Act 1988 as respects his licence and its counterpart shall also apply as respects his test certificate.

(3) If, in a case where sub-paragraph (2) applies—

(a) the person is convicted in the proceedings in question of an offence involving obligatory endorsement, and

(b) he has not previously caused his test certificate to be delivered or posted it to the [F26 proper officer]of the court,

he must produce his test certificate to the court.

[F27 (3A) In sub-paragraph (3) “ proper officer ” means—

(a) in relation to a magistrates’ court in England and Wales, the [F28 designated officer ] for the court, and

(b) in relation to any other court, the clerk of the court.]

(4) In a case where—

(a) the licence of a person to whom this Part of this Schedule applies has (with its counterpart) been sent to the fixed penalty clerk under section 54(7) of the M15 Road Traffic Offenders Act 1988 or delivered to the fixed penalty clerk in response to a conditional offer issued under section 75 of that Act,

(b) the offence to which the fixed penalty notice or the conditional offer relates is one involving obligatory endorsement and occurring during his probationary period, and

(c) the person proposes to pay the fixed penalty to the fixed penalty clerk,

the person must ensure that when the fixed penalty is paid his test certificate is sent to the fixed penalty clerk to whom the payment is made.

(5) A person who without reasonable excuse fails to comply with sub-paragraph (3) or (4) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

F26 Words in Sch. 1 para. 3(3)(b) substituted (1.4.2001) by 1999 c. 22, s. 90 Sch. 13 para. 173 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F27 Sch. 1 para. 3(3A) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 173 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F28 Words in Sch. 1 para. 3(3A) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 365; S.I. 2005/910, art. 3(y)

Marginal Citations

M14 1988 c. 53.

M15 1988 c. 53.

Part III E+W+S Newly qualified driver with provisional licence and test certificate

Surrender of test certificate E+W+S

4 (1) Where the circumstances mentioned in section 2(1) exist with respect to a person to whom this Part of this Schedule applies, sub-paragraph (2) applies instead of section 2(2). E+W+S

(2) The court must send to the Secretary of State—

(a) a notice containing the particulars required to be endorsed on the counterpart of the person’s licence in accordance with the order referred to in section 2(1)(d); and

(b) on its production to the court, the person’s test certificate.

(3) Where—

(a) the circumstances mentioned in section 2(3)(a) to (d) and (f) exist with respect to a person to whom this Part of this Schedule applies,

(b) the fixed penalty clerk has received the person’s test certificate in accordance with paragraph 3(4), and

(c) the test certificate shows the date on which the person became a qualified driver,

sub-paragraph (4) applies instead of section 2(4).

(4) The fixed penalty clerk must send to the Secretary of State—

(a) a notice containing the particulars endorsed on the counterpart of the person’s licence; and

(b) the person’s test certificate.

Revocation of test certificate E+W+S

5 (1) Where the Secretary of State— E+W+S

(a) has received a notice sent to him under paragraph 4 of particulars required to be endorsed or endorsed on the counterpart of a person’s licence, and

(b) has received the person’s test certificate sent to him under paragraph 4(2)(b) or (4)(b) or is satisfied that the person has been issued with a test certificate,

the Secretary of State must by notice served on that person revoke the test certificate.

[F29 (1A) Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under sub-paragraph (1), the Secretary of State must send to the licensing authority in Northern Ireland particulars of the notice together with the Northern Ireland test certificate.

(1B) Where the Secretary of State is sent by that licensing authority particulars of a notice served on the holder of a licence under a provision of Northern Ireland law corresponding to sub-paragraph (1), he must by notice served on that person revoke his test certificate.]

(2) A revocation under sub-paragraph (1) [F30 or (1B)] shall have effect from a date specified in the notice of revocation which may not be earlier than the date of service of that notice.

(3) The effect of the revocation of a person’s test certificate is that any prescribed conditions to which his provisional licence ceased to be subject when he became a qualified driver shall again apply.

[F31 (4) In this paragraph and paragraph 8 references to the revocation of a person’s Northern Ireland test certificate are references to its revocation as respects Great Britain.

(5) The effect of the revocation of a person’s Northern Ireland test certificate as respects Great Britain is that any prescribed conditions to which his Northern Ireland provisional licence ceased to be subject when he became a qualified driver shall again apply for the purposes of section 109(1) of the Road Traffic Act 1988.]

Textual Amendments

F29 Sch. 1 para. 5(1A)(1B) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 55(a); S.I. 2004/2624, art. 2(1)(2)(b)

F30 Words in Sch. 1 para. 5(2) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 55(b); S.I. 2004/2624, art. 2(1)(2)(b)

F31 Sch. 1 para. 5(4)(5) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 55(c); S.I. 2004/2624, art. 2(1)(2)(b)

Re-testing E+W+S

6 (1) Subject to Part V of this Schedule, the Secretary of State may not under Part III of the M16 Road Traffic Act 1988 grant a person whose test certificate has been revoked under [F32 paragraph 5, or whose Northern Ireland test certificate has been revoked under a provision of Northern Ireland law corresponding to paragraph 5(1),] a full licence to drive any class of vehicles that, immediately before his test certificate was revoked, he was permitted to drive without observing prescribed conditions, unless he satisfies the Secretary of State that within the relevant period he has passed a relevant driving test. E+W+S

(2) In this paragraph “relevant driving test” means, in relation to a person whose test certificate has been revoked, any test which—

(a) falls within paragraph (a) or (b) of section 1(2); and

(b) is a test of competence to drive any vehicle included in any class of vehicles that, immediately before his test certificate was revoked, he was permitted to drive without observing prescribed conditions.

(3) If the Secretary of State grants a full licence to a person who is required to pass a relevant driving test in order to be granted that licence, the licence granted must (subject to section 92 and Part IV of the M17 Road Traffic Act 1988) be one authorising that person to drive all the classes of vehicles that, immediately before his test certificate was revoked, he was permitted to drive without observing prescribed conditions.

(4) In sub-paragraph (1) “the relevant period” means the period beginning—

(a) after the date of the revocation of the test certificate; and

(b) not more than two years before the date on which the application for the full licence is made.

Textual Amendments

F32 Words in Sch. 1 para. 6(1) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 56; S.I. 2004/2624, art. 2(1)(2)(b)

Marginal Citations

M16 1988 c. 52.

M17 1988 c. 52.

Part IV E+W+S Newly qualified driver with full and provisional entitlements and test certificate

Surrender of licence and test certificate E+W+S

7 (1) Where the circumstances mentioned in section 2(1) exist with respect to a person to whom this Part of this Schedule applies, sub-paragraph (2) applies instead of section 2(2). E+W+S

(2) The court must send to the Secretary of State—

(a) a notice containing the particulars required to endorsed on the counterpart of the person’s licence in accordance with the order referred to in section 2(1)(d);

(b) on their production to the court, the person’s licence and its counterpart; and

(c) on its production to the court, the person’s test certificate.

(3) Where—

(a) the circumstances mentioned in section 2(3) exist with respect to a person to whom this Part of this Schedule applies, and

(b) the fixed penalty clerk has received the person’s test certificate in accordance with paragraph 3(4),

sub-paragraph (4) applies instead of section 2(4).

(4) The fixed penalty clerk—

(a) may not return the person’s licence and its counterpart under section 57(3) or (4) or 77(1) of the M18 Road Traffic Offenders Act 1988; but

(b) must send them and the person’s test certificate to the Secretary of State.

Marginal Citations

M18 1988 c. 53.

Revocation of licence and test certificate E+W+S

8 (1) Where the Secretary of State— E+W+S

(a) has received a notice sent to him under paragraph 7(2)(a) of particulars required to be endorsed on the counterpart of a person’s licence or has received the licence and its counterpart under paragraph 7(2)(b) or (4)(b), and

(b) has received the person’s test certificate sent to him under paragraph 7(2)(b) or (4)(b) or is satisfied that the person has been issued with a test certificate,

the Secretary of State must by notice served on that person revoke the licence and the test certificate.

[F33 (1A) Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under sub-paragraph (1), the Secretary of State must send to the licensing authority in Northern Ireland particulars of the notice together with the Northern Ireland licence and the Northern Ireland test certificate.

(1B) Where the Secretary of State is sent by that licensing authority particulars of a notice served on the holder of a licence under a provision of Northern Ireland law corresponding to sub-paragraph (1), he must by notice served on that person revoke his licence and test certificate.]

(2) A revocation under sub-paragraph (1) [F34 or (1B)] shall have effect from a date specified in the notice of revocation which may not be earlier than the date of service of that notice.

[F35 (3) In this paragraph references to the revocation of a person’s Northern Ireland licence are references to its revocation as respects Great Britain; and, accordingly, the person ceases to be authorised by virtue of section 109(1) of the Road Traffic Act 1988 to drive in Great Britain a motor vehicle of any class.]

Textual Amendments

F33 Sch. 1 para. 8(1A)(1B) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 57(a); S.I. 2004/2624, art. 2(1)(2)(b)

F34 Words in Sch. 1 para. 8(2) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 57(b); S.I. 2004/2624, art. 2(1)(2)(b)

F35 Sch. 1 para. 8(3) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 57(c); S.I. 2004/2624, art. 2(1)(2)(b)

Re-testing E+W+S

9 (1) Subject to Part V of this Schedule, the Secretary of State may not under Part III of the M19 Road Traffic Act 1988 grant a person whose licence and test certificate have been revoked under [F36 paragraph 8, or whose Northern Ireland licence and Northern Ireland test certificate have been revoked under a provision of Northern Ireland law corresponding to paragraph 8(1),] a full licence to drive any class of vehicles mentioned in sub-paragraph (4), unless he satisfies the Secretary of State that within the relevant period he has passed a relevant driving test. E+W+S

(2) In this paragraph “relevant driving test” means any test which—

(a) falls within paragraph (a) or (b) of section 1(2); and

(b) is a test of competence to drive any vehicle included in any class of vehicles mentioned in sub-paragraph (4).

(3) If the Secretary of State grants a full licence to a person who is required to pass a relevant driving test in order to be granted that licence, the licence granted must (subject to section 92 and Part IV of the Road Traffic Act 1988) be one authorising that person to drive all the classes of vehicles mentioned in sub-paragraph (4).

(4) The classes of vehicles are—

(a) any class of vehicles in relation to which the revoked licence was issued as a full licence; and

(b) any class of vehicles—

(i) that he was treated under section 98(2) of the Road Traffic Act 1988[F37 , or under a provision of Northern Ireland law corresponding to that section] as authorised to drive under a provisional licence, or

(ii) in relation to which the revoked licence was issued as a provisional licence,

and that, immediately before the test certificate was revoked, he was permitted to drive without observing prescribed conditions.

(5) In sub-paragraph (1) “the relevant period” means the period beginning—

(a) after the date of the revocation of the licence and the test certificate; and

(b) not more than two years before the date on which the application for the full licence is made.

Textual Amendments

F36 Words in Sch. 1 para. 9(1) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 58(a); S.I. 2004/2624, art. 2(1)(2)(b)

F37 Words in Sch. 1 para. 9(4)(b)(i) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 58(b); S.I. 2004/2624, art. 2(1)(2)(b)

Marginal Citations

M19 1988 c. 52.

Part V E+W+S Supplementary

Effect of disqualification until test is passed on re-testing rule E+W+S

10 E+W+S Where—

(a) a person’s test certificate has been revoked under [F38 paragraph 5 (or a person’s Northern Ireland test certificate has been revoked under a provision of Northern Ireland law corresponding to paragraph 5(1))] or his licence and test certificate have been revoked under [F39 paragraph 8 (or a person’s Northern Ireland licence and Northern Ireland test certificate have been revoked under a provision of Northern Ireland law corresponding to paragraph 8(1))], but

(b) before he passes a relevant driving test, an order is made in relation to him under section 36 of the Road Traffic Offenders Act 1988 (disqualification until test is passed),

paragraph 6(1) or, as the case may be, paragraph 9(1) shall not apply to him.

Textual Amendments

F38 Words in Sch. 1 para. 10(a) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 59(a); S.I. 2004/2624, art. 2(1)(2)(b)

F39 Words in Sch. 1 para. 10(a) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 59(b); S.I. 2004/2624, art. 2(1)(2)(b)

Regulations E+W+S

11 (1) The Secretary of State may by regulations make provision for cases where, after the Secretary of State has revoked a person’s test certificate under [F40 paragraph 5], or a person’s licence and test certificate under [F40 paragraph 8], he receives notice— E+W+S

(a) that the person is appealing against a conviction or endorsement which was the basis or formed part of the basis for the revocation;

(b) that a court has quashed a conviction which was the basis or formed part of the basis for the revocation;

(c) that a court has quashed an endorsement which was the basis or formed part of the basis for the revocation and has not on doing so ordered that person to be disqualified;

(d) that a court has made an order which has the effect of reducing the penalty points taken into account for the purposes of section 2 [F41 or (as the case may be) the provision of Northern Ireland law corresponding to that section] to a number smaller than six.

(2) Regulations under sub-paragraph (1) may in particular make provision for—

(a) issuing licences for such period as may be prescribed;

(b) licences issued under the regulations to be treated as revoked in such circumstances as may be prescribed;

(c) re-issuing a test certificate which has been revoked under [F40 paragraph 5] or [F40 paragraph 8];

(d) suspending or terminating any prescribed conditions applied by virtue of paragraph 5(3);

(e) requiring such courts as may be prescribed to give notice to the Secretary of State of the matters mentioned in sub-paragraph (3).

(3) The matters referred to are—

(a) that a person whose certificate has been or is due to be revoked under paragraph 5(1) or whose licence and certificate have been or are due to be revoked under paragraph 8(1) is appealing against a conviction or endorsement which is the basis or forms part of the basis for the revocation;

(b) that such an appeal has been abandoned.

(4) Any regulations under this paragraph may—

(a) include such incidental or supplementary provision as appears to the Secretary of State to be expedient;

(b) make different provision for different cases.

(5) Any regulations under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F40 Words in Sch. 1 para. 11(1) substituted (11.10.2004) by virtue of Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 60(a); S.I. 2004/2624, art. 2(1)(2)(b)

F41 Words in Sch. 1 para. 11(1)(d) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 60(b); S.I. 2004/2624, art. 2(1)(2)(b)

Commencement Information

I4 Sch. 1 para. 11 in force (1.3.1997) by S.I. 1997/267, art. 2(1)

Section 10(4).

SCHEDULE 2 E+W+S Consequential amendments

The Road Traffic Act 1988 (c.52) E+W+S

1 E+W+S The Road Traffic Act 1988 shall be amended as follows.

2 (1) In the provisions mentioned in sub-paragraph (2) after “section 89 of this Act” insert “ or section 4(1) of or paragraph 6(1) or 9(1) of Schedule 1 to the Road Traffic (New Drivers) Act 1995 ”. E+W+S

(2) The provisions are—

(a) section 88(1A)(b)(ii) (meaning of “qualifying application” for purposes of exception to requirement that driver must have a licence);

(b) section 97(1)(d) (person to whom licence must be granted must be a person who is not prevented from obtaining it by section 89 of the Act).

The Road Traffic Offenders Act 1988 (c.53) E+W+S

3 E+W+S The Road Traffic Offenders Act 1988 shall be amended as follows.

4 E+W+S In section 47 (supplementary provisions as to disqualifications and endorsements) after subsection (2) (cases where the court may or must send licence and its counterpart to the Secretary of State) insert—

“(2A) Subsection (2) above is subject to section 2(2) of and paragraph 7(2) of Schedule 1 to the Road Traffic (New Drivers) Act 1995 (obligation of court to send licence and its counterpart to the Secretary of State).”

5 E+W+S In section 57 (endorsement of licences without hearings) after subsection (6) insert—

“(7) Subsections (3) and (4) above are subject to section 2(4)(a) of and paragraph 7(4)(a) of Schedule 1 to the Road Traffic (New Drivers) Act 1995; and the fixed penalty clerk need not comply with subsection (6) above in a case where he sends a person’s licence and its counterpart to the Secretary of State under section 2(4)(b) of or paragraph 7(4)(b) of Schedule 1 to that Act.”

6 E+W+S In section 77 (endorsement where penalty paid) after subsection (9) insert—

“(10) Subsection (1) above is subject to section 2(4)(a) of and paragraph 7(4)(a) of Schedule 1 to the Road Traffic (New Drivers) Act 1995; and the fixed penalty clerk need not send a notice falling within subsection (6)(a) above in a case where he sends a person’s licence and its counterpart to the Secretary of State under section 2(4)(b) of or paragraph 7(4)(b) of Schedule 1 to that Act.”

7 E+W+S In Schedule 1 (offences to which various sections of the Act apply), in paragraph 2 (offences to which section 6 applies) omit the word “and” immediately preceding paragraph (c) and after that paragraph insert “and

(d) to an offence under paragraph 3(5) of Schedule 1 to the Road Traffic (New Drivers) Act 1995.”