Part III

Miscellaneous and supplemental

Driving disqualifications

Offenders
39
1
Subject to subsections (2) and (3) below, the court by or before which a person is convicted of an offence may, in addition to or instead of dealing with him in any other way, order him to be disqualified, for such period as it thinks fit, for holding or obtaining a driving licence.
2
Where the person is convicted of an offence the sentence for which is fixed by law or falls to be imposed under section 2(2), 3(2), or 4(2) above, subsection (1) above shall have effect as if the words “or instead of” were omitted.
3
A court shall not make an order under subsection (1) above unless the court has been notified by the Secretary of State that the power to make such orders is exercisable by the court and the notice has not been withdrawn.
4
A court which makes an order under this section disqualifying a person for holding or obtaining a driving licence shall require him to produce any such licence held by him together with its counterpart.
5
The following provisions, namely—
a
section 164(5) of the Road Traffic Act 1988 (power of constables to require production of driving licence etc.); and
b
section 27(3) of the Road Traffic Offenders Act 1988 (failure to produce driving licence),
shall have effect as if the reference to section 44 of the 1973 Act included a reference to this section.
6
In this section—
- “counterpart”, in relation to a driving licence, has the meaning given by section 108(1) of the Road Traffic Act 1988;
- “driving licence” means a licence to drive a motor vehicle granted under Part III of that Act.
1988 c. 52.
1988 c. 53.