Introductory
1 Probationary period for newly qualified drivers.
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 M1Road Traffic Act 1988;
ii
the Isle of Man,
iii
any of the Channel Islands, or
iv
Gibraltar.
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F294
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Revocation of licences and re-testing
2F30Persons to whom section 3(1) applies
F32A1
Section 3(1) (revocation of licences) applies to a person who—
a
is the holder of a licence, and
b
satisfies the conditions in subsection (1) or (3).
1
F33A person satisfies the conditions in this subsection if—
F34a
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b
F35the person is convicted of an offence involving obligatory endorsement;
c
the penalty points to be taken into account under section 29 of the M2Road 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;
F36da
the Secretary of State is required under section 44A(2) of that Act to endorse the person’s driving record with particulars of the offence and the penalty points to be attributed to it;
e
f
it appears to the F39Secretary of State, in the light of the order and the date so shown, that the offence was committed during the person’s probationary period.
F402
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3
F41A person satisfies the conditions in this subsection if—
F42a
the person has been given a fixed penalty notice under section 54 of the Road Traffic Offenders Act 1988 or a conditional offer has been issued to the person 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;
F43c
the Secretary of State is required under section 57A(5) or 77A(2) of that Act to endorse the person’s driving record with particulars of the offence and the penalty points to be attributed to it;
d
the penalty points to be taken into account by the F44Secretary of State in respect of the offence number six or more;
e
the F45person’s driving record or licence shows the date on which the person became a qualified driver; and
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5
For the purposes of subsection (3)(d) the penalty points to be taken into account F23... in respect of the offence are the penalty points which would have been taken into account under section 29 of the M3Road 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.
F36
In this section and section 3 “licence” includes a Northern Ireland licence.
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F273 Revocation of licences.
F491
The Secretary of State must, in the case of a person to whom this subsection applies (see section 2), by notice served on the person revoke the person’s licence.
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F41A
Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under subsection (1) F51..., the Secretary of State must send to the licensing authority in Northern Ireland—
a
particulars of the notice; and
b
F52if the Secretary of State is already in receipt of it, 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) F53..., he must by notice served on the holder revoke the licence.
2
A revocation under F24this section 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.
F53
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.
3AF31Surrender of licences
1
Where—
a
the Secretary of State is required under section 3(1) or (1B) to serve a notice on a person revoking the person’s licence, and
b
the Secretary of State is not already in receipt of the licence,
the notice may also require the person to surrender the licence to the Secretary of State before the end of the period of 28 days beginning with the date on which the notice is served.
2
A person who, without reasonable excuse, fails to comply with a requirement imposed under subsection (1)—
a
is guilty of an offence, and
b
is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
Where the Secretary of State receives a Northern Ireland licence pursuant to a requirement to surrender it imposed under subsection (1), the Secretary of State must send it to the licensing authority in Northern Ireland.
4 Re-testing.
1
Subject to subsection (5) and section 5, the Secretary of State may not under Part III of the M4Road Traffic Act 1988 grant a person whose licence has been revoked under F7section 3 a full licence to drive any class of vehicles in relation to which the revoked licence was issued as a full licence F8or (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.
F61A
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 F9or (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 M5Road 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 F10or (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
F11Subsections (1) and (1A) do not apply to a person whose licence has been revoked under F12section 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 M6Road Traffic Offenders Act 1988 (disqualification until test is passed).
I15 Restoration of licence without re-testing in certain cases.
1
If the Secretary of State receives notice that a person whose licence has been revoked under F14section 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 F17or (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 F15section 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 F18or (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 F16section 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 M7Road 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.
F1311
Nothing in this section applies in relation to a person whose Northern Ireland licence has been revoked under section 3(1).
Miscellaneous and general
I26 Newly qualified drivers holding test certificates.
Schedule 1 (which makes provision about newly qualified drivers who hold test certificates) shall have effect.
7 Early termination of probationary period.
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 M8Road Traffic Offenders Act 1988 (order that a person be disqualified until he passes the appropriate driving test);
b
after his licence is revoked under F19section 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 F20paragraph 5 of Schedule 1, or his licence and test certificate are revoked under F21paragraph 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.
8 The Crown.
This Act applies to persons in the public service of the Crown.
9 Interpretation etc.
1
Expressions used in this Act which are also used in Part III of the M9Road 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 M10Road Traffic Offenders Act 1988 shall be construed in the same way as in that Act.
F222A
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 F2as it applies to a notice served under Part III or IV of that Act.
F545
Any requirement under any provision of this Act that—
a
a licence, a test certificate or a notice must be sent to the Secretary of State, or
b
a licence or a test certificate must be surrendered to the Secretary of State,
is a requirement that the licence, test certificate or notice must be sent, or the licence or test certificate must be surrendered, to the Secretary of State at such address as the Secretary of State may determine.
I310 Short title, commencement, extent etc.
1
This Act may be cited as the Road Traffic (New Drivers) Act 1995.
P12
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.