http://www.legislation.gov.uk/ukpga/1995/13/bodyRoad Traffic (New Drivers) Act 1995An Act to make provision about newly qualified drivers who commit certain offences, including provision with respect to tests of competence to drive.1995-06-28texttext/xmlenStatute Law Database2023-01-31Expert Participation2022-11-30 11For 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.2For the purposes of this Act, a person becomes a qualified driver on the first occasion on which he passes—aany test of competence to drive mentioned in paragraph (a) or (c) of section 89(1) of the Road Traffic Act 1988;bany test of competence to drive conducted under the law ofi an EEA State,iithe Isle of Man,iiiany of the Channel Islands, orivGibraltar.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2A1Section 3(1) (revocation of licences) applies to a person who—ais the holder of a licence, andbsatisfies the conditions in subsection (1) or (3).1 A person satisfies the conditions in this subsection if— a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .b the person is convicted of an offence involving obligatory endorsement;cthe penalty points to be taken into account under section 29 of the Road Traffic Offenders Act 1988 on that occasion number six or more;dthe court makes an order falling within section 44(1)(b) of that Act in respect of the offence;dathe 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;ethe person’s driving record or licence shows the date on which he became a qualified driver ...; andfit appears to the Secretary of State, in the light of the order and the date so shown, that the offence was committed during the person’s probationary period.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 A person satisfies the conditions in this subsection if— athe 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;bthe offence to which the fixed penalty notice or the conditional offer relates is one involving obligatory endorsement;cthe 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;dthe penalty points to be taken into account by the Secretary of State in respect of the offence number six or more;ethe person’s driving record or licence shows the date on which the person became a qualified driver; andfit appears to the Secretary of State, in the light of the particulars of the offence to be endorsed on the person's driving record and the date so shown, that the offence was committed during the person’s probationary period.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5For the purposes of subsection (3)(d) the penalty points to be taken into account ... in respect of the offence are the penalty points which would have been taken into account under section 29 of the Road Traffic Offenders Act 1988 if—athe person in question had been convicted of the offence; andbthe 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.6 In this section and section 3 “licence” includes a Northern Ireland licence. 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31The 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.1ZA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1AWhere 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—aparticulars of the notice; andb if the Secretary of State is already in receipt of it, the Northern Ireland licence.1BWhere 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.2A revocation under this 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.3In 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.3A1Where—athe Secretary of State is required under section 3(1) or (1B) to serve a notice on a person revoking the person’s licence, andbthe 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.2A person who, without reasonable excuse, fails to comply with a requirement imposed under subsection (1)—ais guilty of an offence, andbis liable on summary conviction to a fine not exceeding level 3 on the standard scale.3Where 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.41Subject to subsection (5) and section 5, the Secretary of State may not under Part III of the Road Traffic Act 1988 grant a person whose licence has been revoked under section 3 a full licence to drive any class of vehicles in relation to which the revoked licence was issued as a full licence 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.1ASubject 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).2In this section “relevant driving test” means, in relation to a person whose licence has been revoked, any test which—afalls within paragraph (a) or (b) of section 1(2); andbis 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 or (as the case may be) full Northern Ireland licence.3If 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 in relation to which the revoked licence was issued as a full licence or (as the case may be) full Northern Ireland licence.4In subsection (1) “the relevant period” means the period beginning—aafter the date of the revocation of the licence; andbnot more than two years before the date on which the application for the full licence is made.5Subsections (1) and (1A) do not apply to a person whose licence has been revoked under 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 Road Traffic Offenders Act 1988 (disqualification until test is passed).51If the Secretary of State receives notice that a person whose licence has been revoked under 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.2Regulations under subsection (1) may in particular prescribe—aa period expiring when the appeal is finally determined or abandoned; orba period expiring on the date on which the revoked licence would have expired if it had not been revoked.3If 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—afollowing the appeal, the penalty points taken into account for the purposes of section 2 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; orbthe appeal is abandoned.4If, in the case of a person whose licence has been revoked under section 3, the Secretary of State receives notice that a court—ahas quashed a conviction which was the basis or formed part of the basis for the revocation of the licence,bhas 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, orchas made an order which has the effect of reducing the penalty points taken into account for the purposes of section 2 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.5Subsection (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.6If, in accordance with subsection (1) or (4), the Secretary of State grants a full licence to a person whose licence has been revoked under 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.7Any 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 Road Traffic Act 1988.8Regulations may make provision for requiring such courts as may be prescribed to give notice to the Secretary of State—athat 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;bthat such an appeal has been abandoned.9Regulations under this section may—ainclude such incidental or supplementary provision as appears to the Secretary of State to be expedient;bmake different provision for different cases.10Any 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.11Nothing in this section applies in relation to a person whose Northern Ireland licence has been revoked under section 3(1).6Schedule 1 (which makes provision about newly qualified drivers who hold test certificates) shall have effect.7For the purposes of this Act a person’s probationary period comes to an end if—aan order is made in relation to him under section 36 of the Road Traffic Offenders Act 1988 (order that a person be disqualified until he passes the appropriate driving test);bafter his licence is revoked under 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; orcafter his test certificate is revoked under paragraph 5 of Schedule 1, or his licence and test certificate are revoked under 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.8This Act applies to persons in the public service of the Crown.91Expressions used in this Act which are also used in Part III of the Road Traffic Act 1988 shall be construed in the same way as in that Act.2Expressions used in this Act which are also used in the Road Traffic Offenders Act 1988 shall be construed in the same way as in that Act.2AIn 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. 3In this Act “notice” means notice in writing.4Section 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 as it applies to a notice served under Part III or IV of that Act.5Any requirement under any provision of this Act that—aa licence, a test certificate or a notice must be sent to the Secretary of State, orba 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.101This Act may be cited as the Road Traffic (New Drivers) Act 1995.2The 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.3Nothing 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.4The consequential amendments set out in Schedule 2 shall have effect.5This Act does not extend to Northern Ireland.1988 c. 52. Words in s. 1(2)(b) substituted (1.1.1997) by S.I. 1996/1974, reg. 5, Sch. 4 para. 5(2)1988 c. 53. 1988 c. 53. 1988 c. 52. 1988 c. 52. 1988 c. 53. 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)1988 c. 52. 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)1988 c. 53. 1988 c. 52. 1988 c. 53. Words in s. 9(4) substituted (1.1.1997) by S.I. 1996/1974, reg. 5, Sch. 4 para. 5(3)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)Words in s. 2(5) repealed (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 25(4), Sch. 7(2); S.I. 2008/3164, art. 3(b)Words in s. 3(2) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 26(5); S.I. 2008/3164, art. 3(b)Words in s. 2(3)(f) inserted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 67(3)(c)(i); S.I. 2015/560, art. 3(a) (with arts. 4-9)Words in s. 2(3)(f) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 67(3)(c)(ii); S.I. 2015/560, art. 3(a) (with arts. 4-9)S. 3(1) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 68; S.I. 2015/560, art. 3(a) (with arts. 4-9)Word in s. 1(2)(b)(i) substituted (31.12.2020) by The Driving Licences (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1251), regs. 1(2), 4(a); 2020 c. 1, Sch. 5 para. 1(1)S. 1(3)(4) omitted (31.12.2020) by virtue of The Driving Licences (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1251), regs. 1(2), 4(b); 2020 c. 1, Sch. 5 para. 1(1)S. 2 heading substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(2); S.I. 2022/1187, reg. 4(a) (with Pt. 3)S. 3A inserted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 4; S.I. 2022/1187, reg. 4(a) (with Pt. 3)S. 2(A1) inserted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(3); S.I. 2022/1187, reg. 4(a) (with Pt. 3)Words in s. 2(1) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(4)(a); S.I. 2022/1187, reg. 4(a) (with Pt. 3)S. 2(1)(a) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(4)(b); S.I. 2022/1187, reg. 4(a) (with Pt. 3)Words in s. 2(1)(b) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(4)(c); S.I. 2022/1187, reg. 4(a) (with Pt. 3)S. 2(1)(da) inserted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(4)(d); S.I. 2022/1187, reg. 4(a) (with Pt. 3)Words in s. 2(1)(e) inserted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(4)(e)(i); S.I. 2022/1187, reg. 4(a) (with Pt. 3)Words in s. 2(1)(e) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(4)(e)(ii); S.I. 2022/1187, reg. 4(a) (with Pt. 3)Words in s. 2(1)(f) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(4)(f); S.I. 2022/1187, reg. 4(a) (with Pt. 3)S. 2(2) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(5); S.I. 2022/1187, reg. 4(a) (with Pt. 3)Words in s. 2(3) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(6)(a); S.I. 2022/1187, reg. 4(a) (with Pt. 3)S. 2(3)(a) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(6)(b); S.I. 2022/1187, reg. 4(a) (with Pt. 3)S. 2(3)(c) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(6)(c); S.I. 2022/1187, reg. 4(a) (with Pt. 3)Words in s. 2(3)(d) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(6)(d); S.I. 2022/1187, reg. 4(a) (with Pt. 3)Words in s. 2(3)(e) inserted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(6)(e); S.I. 2022/1187, reg. 4(a) (with Pt. 3)Words in s. 2(3)(f) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(6)(f); S.I. 2022/1187, reg. 4(a) (with Pt. 3)S. 2(4) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(7); S.I. 2022/1187, reg. 4(a) (with Pt. 3)S. 2(7) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(8); S.I. 2022/1187, reg. 4(a) (with Pt. 3)S. 3(1) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 3(2); S.I. 2022/1187, reg. 4(a) (with Pt. 3)S. 3(1ZA) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 3(3); S.I. 2022/1187, reg. 4(a) (with Pt. 3)Words in s. 3(1A) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 3(4)(a); S.I. 2022/1187, reg. 4(a) (with Pt. 3)Words in s. 3(1A)(b) inserted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 3(4)(b); S.I. 2022/1187, reg. 4(a) (with Pt. 3)Words in s. 3(1B) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 3(5); S.I. 2022/1187, reg. 4(a) (with Pt. 3)S. 9(5) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 5; S.I. 2022/1187, reg. 4(a) (with Pt. 3)