Part 3

Road traffic
Chapter 1

Mutual recognition of driving disqualification in UK and Republic of Ireland

Road traffic offences in UK

Application of section 55
54
1
Section 55 applies where—
a
an individual (“the offender”) is convicted of a qualifying
UK
road traffic offence,
aa
when convicted, the offender—
i
is normally resident in the Republic of Ireland, or
ii
is not normally resident in the Republic of Ireland but holds a Republic of Ireland licence,
b
no appeal is outstanding in relation to the offence, and
c
the driving disqualification condition is met in relation to the offence.
1A
A qualifying
UK
road traffic offence is—
a
an offence under the law of England and Wales or Scotland mentioned in Schedule 3;
b
an offence under the law of Northern Ireland mentioned in Schedule 3A.
2
The driving disqualification condition is met—
a
in relation to an offence mentioned in Part 1 of Schedule 3 or Part 1 of Schedule 3A, if an order of disqualification is made in respect of the offence,
b
in relation to an offence mentioned in Part 2 of Schedule 3 or Part 2 of Schedule 3A, if an order of disqualification for a period not less than the minimum period is made in respect of the offence.
3
The minimum period is—
a
for an offence mentioned in Part 2 of Schedule 3 in relation to which the Secretary of State has by regulations specified a period of less than six months, that period;
b
for an offence mentioned in Part 2 of Schedule 3A in relation to which the Department has by regulations specified a period of less than six months, that period;
c
for any other offence, a period of six months.
3A
When determining whether the period of disqualification in respect of an offence mentioned in Part 2 of Schedule 3 is not less than the minimum period, an extension period imposed under any of the following is to be disregarded—
a
section 35A or 35C of the Road Traffic Offenders Act 1988;
b
section 248D of the Criminal Procedure (Scotland) Act 1995;
c
section 147A of the Powers of Criminal Courts (Sentencing) Act 2000
or section 166 of the Sentencing Code
.
3B
When determining whether the period of disqualification in respect of an offence mentioned in Part 2 of Schedule 3A is not less than the minimum period, an extension period imposed under any of the following is to be disregarded—
a
Article 8A of the Criminal Justice (Northern Ireland) Order 1980 (
S.I.
1980/704 (N.I. 6));
b
Article 40A of the Road Traffic Offenders (Northern Ireland) Order 1996 (
S.I.
1996/1320 (N.I. 10));
c
Article 91A of the Criminal Justice (Northern Ireland) Order 2008 (
S.I.
2008/1216 (N.I. 1)).
4
Section 55 does not apply in prescribed circumstances.
5
For the purposes of this section no appeal is outstanding in relation to an offence if—
a
no appeal is brought against an offender’s conviction of the offence, or any order made on his conviction, within the time allowed for making such appeals, or
b
such an appeal is brought and the proceedings on appeal are finally concluded.
6
The Secretary of State may by regulations amend Schedule 3.
7
The Department may by regulations amend Schedule 3A.
S. 54(3A)(3B) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 2(4) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
S. 54 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(3)
S. 54(6)(7) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 2(5) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
S. 54(1A) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), ss. 31(3)(b), 95(1) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
Words in s. 54(3A)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 202 (with Sch. 27); S.I. 2020/1236, reg. 2
Words in s. 54(2)(a) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 2(2)(a) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
S. 54(1)(a)(aa) substituted for s. 54(1)(a) (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), ss. 31(3)(a), 95(1) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
Pt. 3 Ch. 1 heading substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), ss. 31(2), 95(1) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
Words in s. 54(2)(b) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 2(2)(b) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
S. 54(3) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 2(3) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
Pt. 3: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))