Road Traffic Act 1988

the highway authority (in Scotland, roads authority) on whose behalf the requirement is made must pay, in respect of loss occasioned, such amount as in default of agreement may be determined by a single arbitrator (in Scotland, arbiter) agreed upon by the parties or, in default of agreement, appointed by the Secretary of State.

• (7) The Secretary of State may by order designate areas in Great Britain where subsection (6) above is to have effect, in such cases as may be specified by the order, with the substitution for five miles of a greater distance so specified.

An order under this subsection shall be made by statutory instrument subject to annulment by a resolution of either House of Parliament.

• (8) In this section—

• (a) “road” includes any land which forms part of a harbour or which is adjacent to a harbour and is occupied wholly or partly for the purposes of harbour operations,

• (b) “authorised person” means a person authorised by a highway authority (in Scotland, a roads authority) or a constable authorised on behalf of such an authority by a local policing body or a police authority or a chief officer of police,

and in this subsection “harbour” and “harbour operations” have the meanings given to them by section 57(1) of the Harbours Act 1964.

Further provisions relating to weighing of motor vehicles

79

• (A1) A stopping officer may direct the driver of a vehicle to stop the vehicle for the purpose of it being weighed under section 78 if the vehicle appears to the officer to be one to which subsection (A2) could apply.

• (A2) This subsection applies to—

• (a) motor vehicles in categories M₂ and M₃ and their trailers in category O;

• (b) motor vehicles in categories N₂ and N₃ and their trailers in categories O₃ and O₄,

as defined in Article 4 of the road vehicles type approval Regulation.

• (1) Where a motor vehicle or trailer is weighed under section 78 of this Act, a certificate of weight must be given to the person in charge of the vehicle, and the certificate so given shall exempt the motor vehicle and the trailer, if any, from being weighed so long as it is during the continuance of the same journey carrying the same load.

• (2) On production of his authority—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) an examiner appointed under section 66A of this Act, or

• (c) any of the Secretary of State’s officers authorised by him in that behalf,

may at any time exercise with respect to the weighing of goods vehicles, public service vehicles, and vehicles which are not public service vehicles but are adapted to carry more than eight passengers, all such powers with respect to the weighing of motor vehicles and trailers as are exercisable under section 78 of this Act by a constable authorised as mentioned in subsection (8) of that section.

• (3) The provisions of section 78 of this Act shall apply accordingly in relation to such vehicles—

• (a) as if references to a constable so authorised included references to such an examiner or officer of the Secretary of State, and

• (b) as if the reference in subsection (6) to the authority on whose behalf the requirement is made were a reference to the Secretary of State, and

• (c) as if the reference in that subsection to the Secretary of State were a reference, in relation to England and Wales, to the Lord Chief Justice of England and, in relation to Scotland, to the Lord President of the Court of Session.

• (4) A certificate in the prescribed form which—

• (a) purports to be signed by an authorised person (within the meaning of section 78 of this Act) or by a person exercising powers by virtue of subsection (2) above, and

• (b) states, in relation to a vehicle identified in the certificate, any weight determined in relation to that vehicle on the occasion of its being brought to a weighbridge or other machine in pursuance of a requirement under section 78(1) of this Act,

shall be evidence (in Scotland, sufficient evidence) of the matter so stated.

• (5) If, for the purposes of or in connection with the determination of any weight in relation to a vehicle which is brought to a weighbridge or other machine as mentioned in section 78(1) of this Act, an authorised person (within the meaning of that section) or a person exercising powers by virtue of subsection (2) above—

• (a) drives a vehicle or does any other thing in relation to a vehicle or its load or a trailer or its load, or

• (b) requires the driver of a vehicle to drive it in a particular manner or to a particular place or to do any other thing in relation to a vehicle or its load or a trailer or its load,

neither he nor any person complying with such a requirement shall be liable for any damage to or loss in respect of the vehicle or its load or the trailer or its load unless it is shown that he acted without reasonable care.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval marks

80

• (1) Where any international agreement to which the United Kingdom is a party or an EU obligation provides—

• (a) for markings to be applied—

• (i) to motor vehicle parts of any description to indicate conformity with a type approved by any country, or

• (ii) to a motor vehicle to indicate that the vehicle is fitted with motor vehicle parts of any description and either that the parts conform with a type approved by any country or that the vehicle is such that as so fitted it conforms with a type so approved, and

• (b) for motor vehicle parts or, as the case may be, motor vehicles, bearing those markings to be recognised as complying with the requirements imposed by the law of another country,

the Secretary of State may by regulations designate the markings as approval marks . . .

• (2) Any person who, without being authorised by the competent authority to apply any approval mark, applies that mark or a mark so nearly resembling it as to be calculated to deceive is guilty of an offence under the Trade Descriptions Act 1968 . . .

• (3) The conditions subject to which approval of any type may be given on behalf of the United Kingdom or the use of approval marks indicating conformity with a type approved by the United Kingdom may be authorised may include such conditions as to testing or inspection and the payment of fees as the Secretary of State may impose.

• (4) In this section—

• “motor vehicle” means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle,

• “motor vehicle part” means any article made or adapted for use as part of a mechanically propelled vehicle or a vehicle drawn by a mechanically propelled vehicle, or for use as part of the equipment of any such vehicle, and shall be treated as including any equipment for the protection of drivers or passengers in or on a motor vehicle notwithstanding that it does not form part of, or of the equipment of, that vehicle, and

• “the competent authority” means—as respects any approval marks indicating conformity with a type approved by the United Kingdom, the Secretary of State, andas respects any approval marks indicating conformity with a type approved by any other country, the authority having power under the law of that country to authorise the use of that mark.

Pedal cycles and horse-drawn vehicles

Regulation of brakes, bells etc., on pedal cycles.

81

• (1) The Secretary of State may make regulations as to the use on roads of cycles, their construction and equipment and the conditions under which they may be so used.

• (2) In particular, but without prejudice to the generality of subsection (1) above, the regulations may make provision as to—

• (a) the number, nature and efficiency of brakes and their maintenance in proper working order,

• (b) the appliances to be fitted for signalling approach and their maintenance in proper working order, and

• (c) the testing and inspection, by persons authorised under the regulations, of any equipment prescribed under this section and of lighting equipment and reflectors.

• (3) Regulations under this section may provide for repealing byelaws dealing with the same subject-matter as the regulations, and for suspending while the regulations remain in force any power of making such byelaws.

• (4) Regulations under this section may be made so as to apply either generally or in such circumstances only as may be specified in the regulations.

• (5) Regulations under this section as to the use on roads of cycles may prohibit the sale or supply, or the offer of a sale or supply, of a cycle for delivery in such a condition that the use of it on a road in that condition would be a contravention of the regulations, but no provision made by virtue of this subsection shall affect the validity of any contract or any rights arising under a contract.

• (6) If a person sells or supplies or offers to sell or supply a cycle in contravention of any prohibition imposed by regulations made by virtue of subsection (5) above, he is guilty of an offence, unless he proves—

• (a) that it was sold, supplied or offered for export from Great Britain, or

• (b) that he had reasonable cause to believe that it would not be used on a road in Great Britain, or would not be so used until it had been put into a condition in which it might lawfully be so used.

Regulation of brakes on horse-drawn vehicles

82

• (1) The Secretary of State may make regulations for regulating the number, nature and use of brakes, including skid pans and locking-chains, in the case of vehicles drawn by horses or other animals, or any class of such vehicles, when used on roads.

• (2) Regulations under this section may be made for securing that such brakes are efficient and kept in proper working order, and for empowering persons authorised by or under the regulations to test and inspect any such brakes, whether on a road or elsewhere.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Regulations under this section may be made so as to apply either generally or in such circumstances only as may be specified in the regulations.

Miscellaneous

Offences to do with reflectors and tail lamps

83

A person who sells, or offers or exposes for sale, any appliance adapted for use as a reflector or tail lamp to be carried on a vehicle in accordance with the provisions of this Act or of any regulations made under it, not being an appliance which complies with the construction and use requirements applicable to a class of vehicles for which the appliance is adapted, is guilty of an offence.

Appointment of officials and destination of fees

84

• (1) Subject to the consent of the Treasury as to number, the Secretary of State may appoint such officers and servants as he considers necessary for the operation of the provisions of sections 68 to 73 of this Act.

• (2) There shall be paid to examiners appointed under section 66A of this Act such remuneration or salaries and such allowances (if any) as the Secretary of State may, with the consent of the Treasury, determine.

• (3) In every year there shall be paid out of monies provided by Parliament such sums as the Secretary of State may, with the consent of the Treasury, direct in respect of the remuneration, salaries and allowances under subsection (2) above and the other expenses of examiners.

• (4) Any sum received by the Secretary of State in pursuance of sections 45, 46, 49 to 51, 54 to 62,72(9) and 80 of this Act shall be paid into the Consolidated Fund.

Interpretation of Part II

85

In this Part of this Act—

• ...

• ...

• “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;

• “EEA State” means a state which is a contracting Party to the EEA Agreement;

• “EU certificate of conformity” means a certificate of conformity issued by a manufacturer under Article 38 of the motorcycle type approval Regulation, or under Article 38 of that Regulation as it has effect in EU law;

• “the EU Tachographs Regulation” means Regulation (EU) No. 165/2914 of the European Parliament and of the Council on tachographs in road transport as read with the Community Drivers’ Hours and Recording Equipment Regulations 2007;

• ...

• ...

• ...

• “the motorcycle type approval Regulation” means Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15th January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles as it may be amended from time to time,

• “official testing station” means a testing station maintained by the Secretary of State under section 72A of this Act,

• “prescribed” means prescribed by regulations made by the Secretary of State,

• “public service vehicle” has the same meaning as in the Public Passenger Vehicles Act 1981,

• “the road vehicles type approval Directive” means Directive 2007/46/EC of the European Parliament and of the Council of 5th September 2007 establishing a framework for the approval of motor vehicles and their trailers and of systems, components and separate technical units intended for such vehicles,

• “the road vehicles type approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles,

• “sold or supplied by retail” means sold or supplied otherwise than to a person acquiring solely for the purpose of resale or of re-supply for a valuable consideration,

• “tail lamp” means, in relation to a vehicle, any lamp carried attached to the vehicle for the purpose of showing a red light to the rear in accordance with regulations under section 41 of this Act,

• “the tractor type approval Regulation” means Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5th February 2013 on the approval and market surveillance of agricultural and forestry vehicles as it may be amended from time to time,

• “traffic area” has the same meaning as in the Public Passenger Vehicles Act 1981 , and

• “vehicle part” means any article which is a motor vehicle part, within the meaning of section 80 of this Act, and any other article which is made or adapted for use as part of, or as part of the equipment of, a vehicle which is intended or adapted to be used on roads but which is not a motor vehicle within the meaning of that section.

Index to Part II

86

The expressions listed in the left-hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Part of this Act listed in the right-hand column in relation to those expressions.

Part III — Licensing of drivers of vehicles

Requirement to hold licence

Drivers of motor vehicles to have driving licences

87

• (1) It is an offence for a person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising him to drive a motor vehicle of that class.

• (2) It is an offence for a person to cause or permit another person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising that other person to drive a motor vehicle of that class.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exceptions

88

• (1) Notwithstanding section 87 of this Act, a person may drive or cause or permit another person to drive a vehicle of any class at any time if—

• (a) the driver has held—

• (i) a licence under this Part of this Act to drive vehicles of that or a corresponding class, or

• (ia) a Community licence to drive vehicles of that or a corresponding class, or

• (ii) a Northern Ireland licence to drive vehicles of that or a corresponding class, or

• (iii) a British external licence or British Forces licence to drive vehicles of that or a corresponding class, or

• (iv) an exchangeable licence to drive vehicles of that or a corresponding class, and

• (b) either—

• (i) a qualifying application by the driver for the grant of a licence to drive vehicles of that class for a period which includes that time has been received by the Secretary of State, or

• (ii) a licence to drive vehicles of that class granted to him has been revoked or surrendered in pursuance of section 99(2A), (3) or (4) of this Act otherwise than by reason of a current disqualification or of its having been granted in error and he has complied with any requirements imposed on him under section 99(7B) of this Act, and

• (c) any conditions which by virtue of section 97(3) or 98(2) of this Act apply to the driving under the authority of the licence of vehicles of that class are complied with.

• (1A) An application for the grant of a licence to drive vehicles of any class is a qualifying application for the purposes of subsection (1)(b)(i) above if—

• (a) the requirements of paragraphs (a), (b) so far as it relates to initial evidence and (c) of section 97(1) of this Act have been satisfied;

• (b) the applicant—

• (i) is not subject to a current disqualification which is relevant to the licence he applies for, and

• (ii) is not prevented from obtaining it by section 89 of this Act or section 4 of or paragraph 6 or 9 of Schedule 1 to the Road Traffic (New Drivers) Act 1995; and

• (c) the declaration made in pursuance of section 92(1) of this Act indicates that he is not suffering from a relevant disability.

• (1B) A disqualification is relevant to a licence for which a person makes an application if—

• (a) in the case of an application made by virtue of any provision of subsection (1)(a) above, the disqualification subsists under or by virtue of any provision of the Road Traffic Acts or Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 and relates to vehicles of the class to which his application relates;

• (aa) in the case of an application made by virtue of subsection (1)(a)(ia) above, the disqualification subsists under or by virtue of any provision of the law of an EEA State ... and relates to vehicles of the class, or of a class corresponding to the class, to which his application relates;

• (b) in the case of an application made by virtue of subsection (1)(a)(ii) above, the disqualification subsists under or by virtue of any provision of the law of Northern Ireland and relates to vehicles of the class, or of a class corresponding to the class, to which his application relates;

• (c) in the case of an application made by virtue of subsection (1)(a)(iii) above, the disqualification subsists under or by virtue of any provision of the relevant external law or, as the case may be, is a disqualification for holding or obtaining a British Forces licence and relates to vehicles of the class, or of a class corresponding to the class, to which his application relates; and

• (d) in the case of an application made by virtue of subsection (1)(a)(iv) above, the disqualification subsists under or by virtue of any provision of the law of the . . . country or territory under which the licence which he held was granted and relates to vehicles of the class, or of a class corresponding to the class, to which his application relates;

but a disqualification which does not prevent the person disqualified from obtaining a provisional licence or, as the case may be, a licence corresponding to a provisional licence is relevant to a full licence but not to a provisional licence.

• (2) The benefit of subsection (1) above does not extend—

• (a) beyond the date when a licence is granted in pursuance of the application mentioned in subsection (1)(b) above or (as the case may be) in pursuance of section 99(7) or (7A) of this Act in consequence of the revocation or surrender so mentioned, or

• (b) in a case where a licence is not in fact so granted, beyond the expiration of the period of one year or such shorter period as may be prescribed, beginning on the date of the application or (as the case may be) the revocation or surrender mentioned in subsection (1)(b) above , or

• (c) in a case where a licence is refused under section 92(3) of this Act, beyond the day on which the applicant receives notice of the refusal.

• (2A) Subsection (1) above does not apply by virtue of an application mentioned in paragraph (b) of that subsection having been received by the Secretary of State if—

• (a) the application was made as a result of, or in anticipation of, the expiry of a disqualification relevant to the licence applied for,

• (b) either the nature of the disqualification or its imposition within a particular period after an earlier disqualification amounted to circumstances prescribed under subsection (4) of section 94 of this Act (disqualification: high risk offenders), and

• (c) the Secretary of State has notified the applicant that, because of that, he will be subject to a requirement under paragraph (a) or (b) of subsection (5) of that section.

• (3) The Secretary of State may by regulations provide that subsection (1) above shall also apply (where the requirements of that subsection are otherwise met) in the case of a person who has not previously held a licence to drive vehicles of the relevant class.

• (4) Regulations made by virtue of subsection (3) above shall, if not previously revoked, expire at the end of the period of one year beginning with the day on which they came into operation.

• (5) Regulations may provide that a person who becomes resident in Great Britain shall, during the prescribed period after he becomes so resident, be treated for the purposes of section 87 of this Act as the holder of a licence authorising him to drive motor vehicles of the prescribed classes if—

• (a) he satisfies the prescribed conditions, and

• (b) he is the holder of a permit of the prescribed description authorising him to drive vehicles under the law of a country outside the United Kingdom.

• (6) Regulations made by virtue of subsection (5) above may provide for the application of any enactment relating to licences ... or licence holders, with or without modifications, in relation to any such permit and its holder respectively.

• (7) Notwithstanding section 87 of this Act—

• (a) a person who is not the holder of a licence may act as steersman of a motor vehicle, being a vehicle on which a speed limit of five miles per hour or less is imposed by or under section 86 of the Road Traffic Regulation Act 1984, under the orders of another person engaged in the driving of the vehicle who

• (i) is licensed in that behalf in accordance with the requirements of this Part and Part IV of this Act, or

• (ii) is authorised by virtue of section 99A(1) of this Act to drive in Great Britain such a motor vehicle, and

• (b) a person may cause or permit another person who is not the holder of a licence so to act.

• (8) In this Part of this Act—

• “British external licence” means a licence granted in the Isle of Man or any of the Channel Islands under the relevant external law;

• “British Forces licence” means a licence granted in the Federal Republic of Germany by the British authorities to members of the British Forces or of the civilian components of those Forces of their dependants; and

• “relevant external law” means the law for the time being in force in the Isle of Man or any of the Channel Islands which corresponds to this Part of this Act.

Tests

Tests of competence to drive

89

• (1) A licence authorising the driving of motor vehicles of any class shall not be granted to any person unless he ... satisfies the Secretary of State—

• (a) that at some time during the period of two years ending with the date the application is made but not earlier than the appointed day he has passed—

• (i) the test of competence to drive prescribed by virtue of subsection (3) below, or

• (ii) a Northern Ireland test of competence to drive which corresponds to such a test, or

• (iii) a test of competence which under subsection (6) below is a sufficient test;

. . . or

• (b) that at some time not earlier than the appointed day he has held—

• (i) a full licence authorising the driving of vehicles of that class, or

• (ii) a full Northern Ireland licence authorising the driving of vehicles of that or a corresponding class;

or that, if it is available to him, he satisfies the alternative requirement of section 89A of this Act; or

• (c) that at some time during the period of two years ending with the date the application is made he has passed a test of competence to drive vehicles of that or a corresponding class . . . for the purpose of obtaining a British Forces licence; or

• (d) that at some time not earlier than the appointed day he has held a full British external licence or a full British Forces licence to drive vehicles of that or a corresponding class . . . ; or

• (e) that at some time during the period of two years ending with the date the application is made he has passed a test of competence to drive vehicles of that or a corresponding class conducted under the law . . . of Gibraltar . . .; or

• (ea) that either at the time of the application for the licence he holds a Community licence authorising the driving of vehicles of that or a corresponding class or at some time he has held such a Community licence; or

• (f) that, at the time of the application for the licence, he holds an exchangeable licence authorising the driving of vehicles of that or a corresponding class.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) For the purposes of subsection (1) above—

• (a) a licence which has been revoked under section 99(3) of this Act or under any corresponding provision of—

• (i) the law of Northern Ireland,

• (ii) the relevant external law, or

• (iii) the law of an EEA State ...,

as a licence granted in error shall be disregarded for the purposes of paragraph (b), (d) or (ea) (as the case may be) of that subsection;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) a British external licence to drive any class of goods vehicle or any class of passenger-carrying vehicle is to be disregarded for the purposes of paragraph (d) of that subsection unless the Secretary of State, by order made by statutory instrument, designates the relevant external law under which it is granted as one which makes satisfactory provision for the granting of such licences.

• (2A) Except as provided under subsection (5A) below, no person submitting himself for a test of competence to drive a motor bicycle shall be permitted to take the test unless he furnishes the prescribed certificate of completion by him of an approved training course for motor cyclists either with his application for an appointment for a test or to the person who is to conduct the test.

• (3) Regulations may make provision with respect to—

• (a) the nature of tests of competence to drive for the purposes of this section and section 36 of the Road Traffic Offenders Act 1988 (disqualification) and the administrative arrangements for submitting for such tests,

• (b) the qualifications, selection and appointment of persons by whom they may be conducted , conditions which must be satisfied during the currency of an appointment, the charging of reasonable fees in respect of applications for appointment or appointments or in connection with any examination or assessment which may be required before appointment or during the currency of any appointment and the revocation of any appointment,

• (ba) the duty of a person submitting himself for a test to produce, and in prescribed circumstances surrender, any licence previously granted to him,

• (c) evidence of the results of such tests,

and generally with respect to such tests.

• (4) Regulations under subsection (3)(a) above may in particular provide—

• (a) for requiring a person submitting himself for a test to provide a safe and suitable vehicle for the purposes of the test and for requiring that, if the vehicle is a vehicle of a prescribed description, it has been certified in the prescribed manner after a prescribed inspection as satisfying such requirements as may be prescribed,

• (aa) for requiring a person submitting himself for a test to have been normally and lawfully resident in Great Britain or the United Kingdom (within the meaning of section 97A) for such period ending on the date of his appointment for the test as may be prescribed,

• (b) for the charging (whether on the making of an appointment for a test or otherwise) of reasonable fees for or in connection with the test and any inspection of a vehicle required by regulations under paragraph (a) above in relation to the test,

• (c) for ensuring that a person submitting himself for a test and failing to pass that test shall not be eligible to submit himself for another test by the same or any other person before the expiration of a period specified in the regulations, except under an order made by a court or sheriff under the power conferred by section 90 of this Act,

and different regulations may be made with respect to tests of competence to drive different classes of vehicles.

• (5) If regulations make provision for a test of competence to drive to consist of separate parts, they may make for each part—

• (a) any provision that could be made for a test not consisting of separate parts, . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5ZA) Regulations under subsection (3)(b) above may in particular provide—

• (a) for the supply by the Secretary of State to persons by whom tests of competence to drive, or parts of such tests, may be conducted of forms for certificates evidencing the results of such tests or parts of such tests, and

• (b) for the charging of reasonable fees in respect of the exercise of any function conferred or imposed on the Secretary of State by the regulations.

• (5A) Regulations may prescribe cases in which persons are exempt from the requirement imposed by subsection (2A) above; and the regulations may—

• (a) limit the exemption to persons in prescribed circumstances;

• (b) limit the exemption to a prescribed period;

• (c) attach conditions to the exemption; and

• (d) regulate applications for, and the issue and form of, certificates evidencing a person’s exemption from that requirement.

• (6) For the purposes of subsection (1)(a)(iii) above . . . , a test of competence shall be sufficient for the granting of a licence authorising the driving of—

• (a) vehicles of any class, if at the time the test was passed it authorised the granting of a licence to drive vehicles of that class,

• (b) vehicles of all classes which are designated by regulations as a group for the purposes of subsection (1)(a) above, if at the time the test was passed it authorised the granting of a licence to drive vehicles of any class included in the group , and

• (c) vehicles of all classes included in another such group, if a person passing the test is treated by virtue of regulations made for the purposes of this paragraph as competent also to drive vehicles of a class included in that other group.

• (7) If vehicles of any classes are designated by regulations as a group for the purposes of subsection (1)(b) above, a licence authorising the driving of vehicles of a class included in the group shall be deemed for the purposes of subsection (1)(b)(i) above or section 89A(4)(a) below to authorise the driving of—

• (a) vehicles of all classes included in the group (except where regulations otherwise provide), and

• (b) vehicles of all classes included in another such group, if a person holding the licence is treated by virtue of regulations as competent also to drive vehicles of a class included in that other group.

The reference in this subsection to a licence does not include a licence which has been revoked in pursuance of section 99(3) of this Act.

• (8) For the purposes of this section and section 88(1) of this Act, an exchangeable licence issued in respect of a . . ., country or territory shall not be treated as authorising a person to drive a vehicle of any class if—

• (a) the licence is not for the time being valid for that purpose, or

• (b) it was issued in respect of that class for a purpose corresponding to that mentioned in section 97(2) of this Act.

• (9) A test of competence falling within paragraphs (a)(ii), (c) or (e) of subsection (1) above shall be sufficient for the granting of a licence authorising the driving of—

• (a) vehicles of all classes designated by regulations as a group for the purposes of subsection (1)(a) above, if (except where regulations otherwise provide) at the time the test was passed it authorised the granting of a licence to drive vehicles of any class included in the group, or of any class corresponding to a class included in the group, and

• (b) vehicles of all classes included in another such group, if a person passing a test of competence authorising the granting of a licence to drive vehicles of a class included in the group mentioned in paragraph (a) above is treated by virtue of regulations as competent also to drive vehicles of a class included in that other group.

• (10) A full Northern Ireland licence, a full British external licence, a full British Forces licence , a Community licence or an exchangeable licence shall be treated for the purposes of paragraphs (b)(ii), (d) , (ea) or (f) (as the case may be) of subsection (1) above as authorising the driving of—

• (a) (except where regulations otherwise provide) vehicles of all classes designated by regulations as a group for the purposes of subsection (1)(b) above, if the licence authorises the driving of vehicles of any class included in the group, or any class corresponding to a class included in the group, and

• (b) vehicles of all classes included in another such group, if by virtue of regulations a person holding a licence authorising him to drive vehicles of any class included in the group mentioned in paragraph (a) above is treated as competent also to drive vehicles of a class included in that other group.

• (11) . . . In this section and section 89A “the appointed day” means the day appointed for the coming into force of section 1 of the Road Traffic (Driver Licensing and Information Systems) Act 1989.

Review of conduct of test

90

• (1) On the application of a person who has submitted himself for a test of competence to drive—

• (a) a magistrates’ court . . . , or

• (b) in Scotland, the sheriff within whose jurisdiction he resides,

may determine whether the test was properly conducted in accordance with regulations.

• (2) The court or, as the case may be, sheriff may, if it appears that the test was not so conducted—

• (a) order that the applicant shall be eligible to submit himself for another test before the expiration of the period specified for the purposes of section 89(4)(c) of this Act, and

• (b) order that any fee payable by the applicant in respect of the test shall not be paid or, if it has been paid, shall be repaid.

• (3) If regulations make provision for a test of competence to drive to consist of separate parts, this section applies in relation to each part as well as in relation to the whole of the test.

Repayment of test fees

91

The whole or any part of a fee paid in pursuance of regulations made by virtue of section 89(4) of this Act on application for an appointment for a test may be repaid in the following cases and not otherwise—

• (a) if no such appointment is made, or an appointment made is subsequently cancelled by or on behalf of the Secretary of State,

• (b) if the person for whom the appointment is made gives such notice cancelling the appointment as may be prescribed for the purposes of this paragraph by regulations,

• (c) if the person for whom the appointment is made keeps the appointment, but the test does not take place, or is not completed, for reasons attributable neither to him nor to any vehicle provided by him for the purposes of the test, or

• (d) if an order for the repayment of the fee is made by the court or, as the case may be, sheriff under section 90 of this Act pursuant to a finding that the test was not properly conducted in accordance with the regulations.

Physical fitness

Requirements as to physical fitness of drivers

92

• (1) An application for the grant of a licence must include a declaration by the applicant, in such form as the Secretary of State may require, stating whether he is suffering or has at any time (or, if a period is prescribed for the purposes of this subsection, has during that period) suffered from any relevant disability or any prospective disability.

• (2) In this Part of this Act—

• “disability” includes disease and the persistent misuse of drugs or alcohol, whether or not such misuse amounts to dependency,

• “relevant disability” in relation to any person means—any prescribed disability, andany other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public, and

• “prospective disability” in relation to any person means any other disability which—at the time of the application for the grant of a licence or, as the case may be, the material time for the purposes of the provision in which the expression is used, is not of such a kind that it is a relevant disability, butby virtue of the intermittent or progressive nature of the disability or otherwise, may become a relevant disability in course of time.

• (3) If it appears from the applicant’s declaration, or if on inquiry the Secretary of State is satisfied from other information, that the applicant is suffering from a relevant disability, the Secretary of State must, subject to the following provisions of this section, refuse to grant the licence.

• (4) The Secretary of State must not by virtue of subsection (3) above refuse to grant a licence—

• (a) on account of any relevant disability which is prescribed for the purposes of this paragraph, if the applicant has at any time passed a relevant test and it does not appear to the Secretary of State that the disability has arisen or become more acute since that time or was, for whatever reason, not disclosed to the Secretary of State at that time,

• (b) on account of any relevant disability which is prescribed for the purposes of this paragraph, if the applicant satisfies such conditions as may be prescribed with a view to authorising the grant of a licence to a person in whose case the disability is appropriately controlled,

• (c) on account of any relevant disability which is prescribed for the purposes of this paragraph, if the application is for a provisional licence.

• (5) Where as a result of a test of competence to drive or of information obtained under the relevant powers the Secretary of State is satisfied that the person who took the test or in relation to whom the information was obtained is suffering from a disability such that there is likely to be a danger to the public—

• (a) if he drives any vehicle, . . .

• (b) if he drives a vehicle other than a vehicle of a particular class,

• (c) if he drives a vehicle except in accordance with particular conditions,

the Secretary of State must serve notice in writing to that effect on that person and must include in the notice a description of the disability.

• (6) Where a notice is served in pursuance of subsection (5)(a) above, then—

• (a) if the disability is not prescribed under subsection (2) above, it shall be deemed to be so prescribed in relation to the person on whom the notice is served, and

• (b) if the disability is prescribed for the purposes of subsection (4)(c) above it shall be deemed not to be so prescribed in relation to him.

• (7) Where a notice is served in pursuance of subsection (5)(b) above, the Secretary of State may—

• (a) if the person on whom the notice is served is an applicant for a licence, grant him a licence limited to vehicles of the particular class specified in the notice, or

• (b) if he held a licence which is revoked by the Secretary of State and he complies with subsection (7ZB) below, grant him a licence limited to vehicles of that class,

and, if the Secretary of State so directs in the notice, his entitlement to drive other classes of vehicle by virtue of section 98(2) of this Act shall be limited as specified in the notice.

• (7ZA) Where a notice is served in pursuance of subsection (5)(c) above, the Secretary of State may—

• (a) if the person on whom the notice is served is an applicant for a licence, grant him a licence authorising him to drive vehicles subject to the particular conditions specified in the notice, or

• (b) if he held a licence which is revoked by the Secretary of State and he complies with subsection (7ZB) below, grant him a licence authorising him to drive vehicles subject to those conditions,

and, if the Secretary of State so directs in the notice, any entitlement which the person has to drive vehicles by virtue of section 98(2) of this Act shall be subject to conditions as specified in the notice.

• (7ZB) A person complies with this subsection if—

• (a) he surrenders the existing licence ..., and

• (b) where the Secretary of State so requires, he provides evidence of his name, address, sex and date and place of birth and a photograph which is a current likeness of him.

• (7A) If he considers it appropriate to do so, the Secretary of State may, after serving a notice under any of the paragraphs of subsection (5) above, serve a further notice under that paragraph or a notice under another of those paragraphs; and on his serving the later notice the notice previously served shall cease to have effect and any licence previously granted in accordance with it shall be revoked by the later notice.

• (7B) In subsection (5) above the references to a test of competence to drive and to information obtained under the relevant power are references respectively to a test of competence prescribed for the purposes of section 89 or so much of such a test as is required to be taken in pursuance of section 94(5)(c) of this Act and to information obtained in pursuance of section 94(5)(a) or (b) of this Act.

• (7C) A person whose licence is revoked by virtue of subsection (7A) above must deliver the licence ... to the Secretary of State forthwith after the revocation and a person who, without reasonable excuse, fails to do so is guilty of an offence.

• (7D) In subsection (7B) above the references to section 94 of this Act include references to that section as applied by section 99D or 109C of this Act.

• (8) In this section “relevant test”, in relation to an application for a licence, means any such test of competence as is mentioned in section 89 of this Act or a test as to fitness or ability in pursuance of section 100 of the Road Traffic Act 1960 as originally enacted, being a test authorising the grant of a licence in respect of vehicles of the classes to which the application relates.

• (9) Without prejudice to subsection (8) above, for the purposes of subsection (4)(a) above—

• (a) an applicant shall be treated as having passed a relevant test if, and on the day on which, he passed a test of competence to drive which—

• (i) under a provision of the law of Northern Ireland or a relevant external law corresponding to subsections (3) and (4) or (6) of section 89 of this Act, either is prescribed in relation to vehicles of classes corresponding to the classes to which the application relates or is sufficient under that law for the granting of a licence authorising the driving of vehicles of those classes, or

• (ii) is sufficient for the granting of a British Forces licence authorising the driving of vehicles of those classes, and

• (b) in the case of an applicant who is treated as having passed a relevant test by virtue of paragraph (a) above, disclosure of a disability to his licensing authority shall be treated as disclosure to the Secretary of State.

. . .

• (10) A person who holds a licence authorising him to drive a motor vehicle of any class and who drives a motor vehicle of that class on a road is guilty of an offence if the declaration included in accordance with subsection (1) above in the application on which the licence was granted was one which he knew to be false.

Revocation of licence because of disability or prospective disability

93

• (1) If the Secretary of State is at any time satisfied on inquiry—

• (a) that a licence holder is suffering from a relevant disability, and

• (b) that the Secretary of State would be required by virtue of section 92(3) . . . of this Act to refuse an application for the licence made by him at that time,

the Secretary of State may serve notice in writing on the licence holder revoking the licence with effect from such date as may be specified in the notice, not being earlier than the date of service of the notice.

• (2) If the Secretary of State is at any time satisfied on inquiry that a licence holder is suffering from a prospective disability, the Secretary of State may—

• (a) serve notice in writing on the licence holder revoking the licence with effect from such date as may be specified in the notice, not being earlier than the date of service of the notice, and

• (b) on receipt of the licence so revoked ... and of an application made for the purposes of this subsection, grant to the licence holder, free of charge, a new licence for a period determined by the Secretary of State under section 99(1)(b) of this Act.

• (2A) The Secretary of State may require a person to provide—

• (a) evidence of his name, address, sex and date and place of birth, and

• (b) a photograph which is a current likeness of him,

before granting a licence to him on an application made for the purposes of subsection (2) above or subsection (6) below.

• (3) A person whose licence is revoked under subsection (1) or (2) above must deliver up the licence ... to the Secretary of State forthwith after the revocation and a person who, without reasonable excuse, fails to do so is guilty of an offence.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Where the Secretary of State—

• (a) is at any time sent by the licensing authority in Northern Ireland a licence under a provision of Northern Ireland law corresponding to section 109B of this Act, and

• (b) by virtue of the reasons given by that authority for sending the licence is at that time satisfied as mentioned in subsection (1)(a) and (b) above or that the licence holder is suffering from a prospective disability,

the Secretary of State may serve notice in writing on the licence holder revoking the licence with effect from such date as may be specified in the notice, not being earlier than the date of service of the notice.

• (6) Where the reasons given by the licensing authority in Northern Ireland for sending the licence relate to a prospective disability of the holder, the Secretary of State may, on an application made for the purposes of this subsection, grant to the holder, free of charge, a new licence for a period determined by the Secretary of State under section 99(1)(b) of this Act.

Provision of information, etc. relating to disabilities

94

• (1) If at any time during the period for which his licence remains in force, a licence holder becomes aware—

• (a) that he is suffering from a relevant or prospective disability which he has not previously disclosed to the Secretary of State, or

• (b) that a relevant or prospective disability from which he has at any time suffered (and which has been previously so disclosed) has become more acute since the licence was granted,

the licence holder must forthwith notify the Secretary of State in writing of the nature and extent of his disability.

• (2) The licence holder is not required to notify the Secretary of State under subsection (1) above if—

• (a) the disability is one from which he has not previously suffered, and

• (b) he has reasonable grounds for believing that the duration of the disability will not extend beyond the period of three months beginning with the date on which he first becomes aware that he suffers from it.

• (3) A person who fails without reasonable excuse to notify the Secretary of State as required by subsection (1) above is guilty of an offence.

• (3A) A person who holds a licence authorising him to drive a motor vehicle of any class and who drives a motor vehicle of that class on a road is guilty of an offence if at any earlier time while the licence was in force he was required by subsection (1) above to notify the Secretary of State but has failed without reasonable excuse to do so.

• (4) If the prescribed circumstances obtain in relation to a person who is an applicant for, or the holder of, a licence of if the Secretary of State has reasonable grounds for believing that a person who is an applicant for, or the holder of, a licence may be suffering from a relevant or prospective disability, subsection (5) below applies for the purpose of enabling the Secretary of State to satisfy himself whether or not that person may be suffering from that or any other relevant or prospective disability.

• (5) The Secretary of State may by notice in writing served on the applicant or holder—

• (a) require him to provide the Secretary of State, within such reasonable time as may be specified in the notice, with such an authorisation as is mentioned in subsection (6) below, or

• (b) require him, as soon as practicable, to arrange to submit himself for examination—

• (i) by such registered medical practitioner or practitioners as may be nominated by the Secretary of State, or

• (ii) with respect to a disability of a prescribed description, by such officer of the Secretary of State as may be so nominated,

for the purpose of determining whether or not he suffers or has at any time suffered from a relevant or prospective disability, or

• (c) except where the application is for, or the licence held is, a provisional licence, require him to submit himself for such a test of competence to drive as the Secretary of State directs in the notice.

• (6) The authorisation referred to in subsection (5)(a) above—

• (a) shall be in such form and contain such particulars as may be specified in the notice by which it is required to be provided, and

• (b) shall authorise any registered healthcare professional identified in those particulars to release to the Secretary of State any information which he may have, or which may be available to him, with respect to the question whether, and if so to what extent, the applicant or licence holder concerned may be suffering, or may at any time have suffered, from a relevant or prospective disability.

• (6A) Where a registered healthcare professional (A) identified in the particulars of an authorisation provided under subsection (5)(a) considers that another registered healthcare professional (P) has information with respect to the question set out in subsection (6)(b), A may give a copy of that authorisation to P.

• (6B) Where a registered healthcare professional has received a copy of an authorisation in accordance with subsection (6A), that registered healthcare professional is authorised to release to the Secretary of State any information which they may have with respect to the question set out in subsection (6)(b).

• (7) If he considers it appropriate to do so in the case of any applicant or licence holder, the Secretary of State—

• (a) may include in a single notice under subsection (5) above requirements under more than one paragraph of that subsection, and

• (b) may at any time after the service of a notice under that subsection serve a further notice or notices under that subsection.

• (8) If any person on whom a notice is served under subsection (5) above—

• (a) fails without reasonable excuse to comply with a requirement contained in the notice, or

• (b) fails any test of competence which he is required to take as mentioned in paragraph (c) of that subsection,

the Secretary of State may exercise his powers under sections 92 and 93 of this Act as if he were satisfied that the applicant or licence holder concerned is suffering from a relevant disability which is not prescribed for the purposes of any paragraph of section 92(4) of this Act or, if the Secretary of State so determines, as if he were satisfied that the applicant or licence holder concerned is suffering from a prospective disability.

• (9) Except where the requirement is made in the circumstances prescribed for the purposes of subsection (5) above, it shall be for the Secretary of State (and not for any other person) to defray any fees or other reasonable expenses of a registered healthcare professional in connection with—

• (a) the provision of information in pursuance of an authorisation required to be provided under subsection (5)(a) above, ...

• (b) any examination which a person is required to undergo as mentioned in subsection (5)(b) above , or

• (c) the provision of information authorised by subsection (6B).

• (10) In this section, “registered healthcare professional” means a person on the register of one or more of the following bodies—

• (a) the General Chiropractic Council;

• (b) the General Medical Council;

• (c) the General Optical Council;

• (d) the General Osteopathic Council;

• (e) the Nursing and Midwifery Council;

• (f) the Health and Care Professions Council.

Notification of refusal of insurance on grounds of health

95

• (1) If an authorised insurer refuses to issue to any person such a policy of insurance as complies with the requirements of Part VI of this Act on the ground that the state of health of that person is not satisfactory, or on grounds which include that ground, the insurer shall as soon as practicable notify the Secretary of State of that refusal and of the full name, address, sex and date of birth of that person as disclosed by him to the insurer.

• (2) “Authorised insurer” means an insurer who is a member of the Motor Insurers Bureau (a company limited by guarantee and incorporated under the Companies Act 1929 on 14th June 1946).

• (3) “Insurer” means—

• (a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to effect or carry out relevant contracts of insurance, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) A contract is a relevant contract of insurance if the risk insured against relates to—

• (a) the insured sustaining accidental injury or death as a result of travelling as a passenger;

• (b) land vehicles;

• (c) goods in transit; or

• (d) motor vehicle liability.

• (5) This section must be read with—

• (a) section 22 of the Financial Services and Markets Act 2000;

• (b) any order for the time being in force under that section; and

• (c) Schedule 2 to that Act.

Driving with uncorrected defective eyesight

96

• (1) If a person drives a motor vehicle on a road while his eyesight is such (whether through a defect which cannot be or one which is not for the time being sufficiently corrected) that he cannot comply with any requirement as to eyesight prescribed under this Part of this Act for the purposes of tests of competence to drive, he is guilty of an offence.

• (2) A constable having reason to suspect that a person driving a motor vehicle may be guilty of an offence under subsection (1) above may require him to submit to a test for the purpose of ascertaining whether, using no other means of correction than he used at the time of driving, he can comply with the requirement concerned.

• (3) If that person refuses to submit to the test he is guilty of an offence.

Granting of licences, their form and duration

Grant of licences

97

• (1) Subject to the following provisions of this section and section 92 of this Act and, in the case of licences to drive large goods vehicles or passenger-carrying vehicles, to Part IV of this Act, the Secretary of State must . . . grant a licence to a person who meets the relevant residence requirement (see section 97A) and —

• (a) makes an application for it in such manner and containing such particulars as the Secretary of State may specify and pays the fee (if any) which is prescribed,

• (b) provides the Secretary of State with such evidence or further evidence in support of the application as the Secretary of State may require,

• (c) surrenders to the Secretary of State—

• (i) any previous licence granted to him after 1st January 1976 ...,

• (ia) any Northern Ireland licence held by him together with its Northern Ireland counterpart (if any),

• (ii) any Community licence ..., and

• (iii) any British external licence or British Forces licence or exchangeable licence held by him,

or provides the Secretary of State with an explanation for not surrendering them which the Secretary of State considers adequate,

• (d) is not , ...

• (i) in accordance with section 88(1B) of this Act, subject to a current disqualification which is relevant to the licence he applies for or

• (ii) subject to a current disqualification under the law of an EEA State ... which relates to vehicles of the class, or of a class corresponding to the class, to which the application relates and was imposed while the person was the holder of a licence granted under the law of that State; and

• (e) is not prevented from obtaining the licence by the provisions of section 89 of this Act or section 4 of or paragraph 6 or 9 of Schedule 1 to the Road Traffic (New Drivers) Act 1995.

• (1A) Where any licence to be granted to an applicant would be in the form of a photocard, the Secretary of State may under subsection (1)(a) and (b) above in particular require him to provide a photograph which is a current likeness of him.

• (1AA) Where a licence under this Part of this Act is granted to a person who surrenders under sub-paragraph (ia) of subsection (1)(c) above his Northern Ireland licence together with the counterpart (if any) to the Secretary of State—

• (a) that person ceases to be authorised by virtue of section 109(1) of this Act to drive in Great Britain a motor vehicle of any class, and

• (b) the Secretary of State must send the Northern Ireland licence and its Northern Ireland counterpart (if any) to the licensing authority in Northern Ireland together with particulars of the class of motor vehicles to which the licence granted under this Part of this Act relates.

• (2) If the application for the licence states that it is made for the purpose of enabling the applicant to drive a motor vehicle with a view to passing a test of competence to drive, any licence granted in pursuance of the application shall be a provisional licence for that purpose, and nothing in section 89 of this Act shall apply to such a licence.

• (3) A provisional licence—

• (a) shall be granted subject to prescribed conditions,

• (b) shall, in any cases prescribed for the purposes of this paragraph, be restricted so as to authorise only the driving of vehicles of the classes so prescribed,

• (c) may, in the case of a person appearing to the Secretary of State to be suffering from a relevant disability or a prospective disability, be restricted so as to authorise only the driving of vehicles of a particular construction or design specified in the licence, . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) except as provided under subsection (3B) below, shall not authorise a person, before he has passed a test of competence to drive, to drive on a road a motor bicycle or moped except where he has successfully completed an approved training course for motor cyclists or is undergoing training on such a course and is driving the motor bicycleor moped on the road as part of the training.

• (3A) Regulations may make provision as respects the training in the driving of motor bicycles and mopeds of persons wishing to obtain licences authorising the driving of such motor bicyclesand mopeds by means of courses of training provided in accordance with the regulations; and the regulations may in particular make provision with respect to—

• (a) the nature of the courses of training;

• (b) the approval by the Secretary of State of the persons providing the courses and the withdrawal of his approval;

• (c) the maximum amount of any charges payable by persons undergoing the training;

• (d) certificates evidencing the successful completion by persons of a course of training and the supply by the Secretary of State of the forms which are to be used for such certificates; and

• (e) the making, in connection with the supply of forms of certificates, of reasonable charges for the discharge of the functions of the Secretary of State under the regulations;

and different provision may be made for training in different classes of motor bicyclesand mopeds.

• (3B) Regulations may prescribe cases in which persons holding a provisional licence are exempt from the restriction imposed by subsection (3)(e) above on their driving under the licence; and the regulations may—

• (a) limit the exemption to persons in prescribed circumstances;

• (b) limit the exemption to a prescribed period or in respect of driving in a prescribed area;

• (c) attach conditions to the exemption; and

• (d) regulate applications for, and the issue and form of, certificates evidencing the holder’s exemption from the restriction.

• (4) Regulations may authorise or require the Secretary of State to refuse a provisional licence authorising the driving of a motor bicycleor moped of a prescribed class if the applicant has held such a provisional licence and the licence applied for would come into force within the prescribed period—

• (a) beginning at the end of the period for which the previous licence authorised (or would, if not surrendered or revoked, have authorised) the driving of such a motor bicycleor moped, or

• (b) beginning at such other time as may be prescribed.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Form of licence

98

• (1) A licence shall be in the form of a photocard of a description specified by the Secretary of State or such other form as he may specify and—

• (a) the licence shall state whether, apart from subsection (2) below, it authorises its holder to drive motor vehicles of all classes or of certain classes only and, in the latter case, specify those classes,

• (b) the licence shall specify (in such manner as the Secretary of State may determine) the restrictions on the driving of vehicles of any class in pursuance of the licence to which its holder is subject by virtue of section 101 of this Act and any conditions on the driving of vehicles of any class in pursuance of the licence to which its holder is subject by virtue of section 92(7ZA) of this Act, and

• (c) in the case of a provisional licence, the licence ... shall specify (in such manner as the Secretary of State may determine) the conditions subject to which it is granted.

• (1A) The Secretary of State may specify different descriptions of photocards, and different forms of licences not in the form of a photocard, for different cases and may determine the form of licence to be granted in any case.

• (2) Subject to subsections (3) , (4) and (4A) below, a person who holds a licence which authorises its holder to drive motor vehicles of certain classes only (not being—

• (a) a provisional licence, or

• (b) any other prescribed description of licence)

• (3) Subsection (2) above does not authorise a person to drive—

• (a) a vehicle of a class for the driving of which he could not, by reason of the provisions of section 101 of this Act, lawfully hold a licence, or

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) unless he has passed a test of competence to drive, a motor bicycle or moped on a road in circumstances in which, by virtue of section 97(3)(e) of this Act, a provisional licence would not authorise him to drive it before he had passed that test.

• (4) In such cases or as respects such classes of vehiclesas the Secretary of State may prescribe, the provisions of subsections (2) and (3) above shall not apply or shall apply subject to such limitations as he may prescribe.

• (4A) Subsection (2) above does notauthorise a person on whom a notice under section 92(5)(b) of this Act has been served to drive motor vehicles otherwise than in accordance with the limits specified in the notice.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duration of licences

99

• (1) In so far as a licence authorises its holder to drive motor vehicles of classes other than any prescribed class of goods vehicle or any prescribed class of passenger-carrying vehicle, it shall, unless previously revoked or surrendered, remain in force, subject to subsection (2) below—

• (a) except in a case falling within paragraph (b) or (c) of this subsection, for the period ending on the seventieth anniversary of the applicant’s date of birth or for a period of three years, whichever is the longer,

• (b) except in a case falling within paragraph (c) of this subsection, if the Secretary of State so determines in the case of a licence to be granted to a person appearing to him to be suffering from a relevant or prospective disability, for such period as the Secretary of State may determine which shall be a period—

• (i) of not more than ten years and not less than one year, ending on or before the seventieth anniversary of the applicant's date of birth, or

• (ii) where, at the time the licence is granted, there are less than three years until that seventieth anniversary or where the licence is granted on or after that anniversary, of not more than three years and not less than one year, and

• (c) in the case of a licence granted in exchange for a subsisting licence and in pursuance of an application requesting a licence for the period authorised by this paragraph, for a period equal to the remainder of that for which the subsisting licence was granted,

and any such period shall begin with the date on which the licence in question is expressed to come into force.

• (1A) In so far as a licence authorises its holder to drive any prescribed class of goods vehicle or passenger-carrying vehicle, it shall, unless previously revoked, suspended or surrendered, remain in force—

• (a) except in a case falling within paragraph (c) or (d) of this subsection—

• (i) for the period ending on the forty-fifth anniversary of the applicant’s date of birth or for a period of five years, whichever is the longer, or

• (ii) where the applicant’s age at the date on which the licence is to come into force will exceed forty-five but not sixty-five years, for the period ending on the sixty-sixth anniversary of the applicant’s date of birth or for a period of five years, whichever is the shorter,

• (b) except in a case falling within paragraph (d) of this subsection, where the applicant’s age at that date will exceed sixty-five years, for a period of one year,

• (c) except in a case falling within paragraph (b) or (d) of this subsection, if the Secretary of State so determines in the case of a licence to be granted to a person appearing to him to be suffering from a relevant or prospective disability, for such period of not more than three years and not less than one year as the Secretary of State may determine, and

• (d) in the case of a licence granted in exchange for a subsisting licence and in pursuance of an application requesting a licence for the period authorised by this paragraph, for a period equal to the remainder of that for which the subsisting licence was granted,

and any such period shall begin with the date on which the licence in question is expressed to come into force.

• (2) To the extent that a provisional licence authorises the driving of a motor bicycleor mopedof a prescribed class it shall, unless previously surrendered or revoked, remain in force—

• (a) for such period as may be prescribed, or

• (b) if the licence is granted to the holder of a previous licence which was surrendered, revoked or treated as being revoked—

• (i) for the remainder of the period for which the previous licence would have authorised the driving of such a motor bicycleor moped, or

• (ii) in such circumstances as may be prescribed, for a period equal to that remainder at the time of surrender or revocation.

• (2A) Where in accordance with the preceding provisions of this section, a licence in the form of a photocard remains in force after the last day of the administrative validity period, the holder of the licence must nevertheless surrender the licence ... to the Secretary of State not later than that day.

• (2B) Subject to subsections (2C) to (2H), the administrative validity period of a licence in the form of a photocard is—

• (a) where the licence authorises its holder to drive any class of goods vehicle or passenger-carrying vehicle prescribed for the purposes of subsection (1A) otherwise than for a purpose mentioned in section 97(2) or by virtue of section 98(2), the period of 5 years beginning with the date shown on the licence as the date of issue; and

• (b) in any other case, the period of 10 years beginning with the date shown on the licence as the date of issue.

• (2C) In the case of a licence issued before 19th January 2013, the administrative validity period is the period of 10 years beginning with—

• (a) the date shown on the licence as the date of issue, or

• (b) if the licence was granted by way of renewal or replacement of a licence bearing the same photograph, the date shown on the earliest licence bearing that photograph as the date of issue of that licence.

• (2D) Where under subsection (3) or (4) a person is required to surrender a licence and the Secretary of State grants a new licence under subsection (7), the administrative validity period of the new licence is—

• (a) a period equal to the unexpired part of the administrative validity period of the old licence; or

• (b) if that person so elects in such manner as the Secretary of State may require and pays any fee prescribed, a new administrative validity period calculated in accordance with subsection (2B).

• (2E) Subject to subsection (2F), where under section 97 the Secretary of State grants a licence (the “new licence”) to a person who has previously held a licence, the administrative validity period of the new licence is—

• (a) a period equal to the unexpired part (if any) of the administrative validity period of the person’s last licence (the “old licence”), or

• (b) if the person so elects in such manner as the Secretary of State may require and pays any fee prescribed, a new administrative validity period calculated in accordance with subsection (2B).

• (2F) Subsection (2E) does not apply if—

• (a) the old licence was revoked by notice under section 93(1) or (2) (revocation because of disability or prospective disability);

• (b) the old licence did not authorise the holder to drive any class of goods vehicle or passenger-carrying vehicle prescribed for the purposes of subsection (1A) otherwise than for a purpose mentioned in section 97(2) or by virtue of section 98(2), and the new licence does; or

• (c) the old licence was granted only for a purpose mentioned in section 97(2) and the new licence is a full licence.

• (2G) Subsections (2C)(b), (2D)(a) and (2E)(a) are subject to any adjustment the Secretary of State makes in a new licence to correct an error that appears to the Secretary of State to have been made in particulars specified in an earlier licence.

• (2H) Where the administrative validity period of a licence under any of subsections (2B) to (2E) would otherwise be longer than the period for which the licence remains in force under subsection (1) or (1A) (the “entitlement period”), the administrative validity period ends with the last day of the entitlement period.

• (3) Where it appears to the Secretary of State—

• (a) that a licence granted by him to any person was granted in error or with an error or omission in the particulars specified in the licence, or

• (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) that the particulars specified in a licence granted by him to any person ... do not comply with any requirement imposed since the licence was granted by any provision made by or having effect under any enactment,

the Secretary of State may serve notice in writing on that person revoking the licence and requiring him to surrender the licence ... forthwith to the Secretary of State and it shall be the duty of that person to comply with the requirement.

• (3ZA) Where it appears to the Secretary of State that a licence holder is not lawfully resident in the United Kingdom, the Secretary of State may serve notice in writing on that person revoking the licence and requiring the person to surrender the licence ... forthwith to the Secretary of State, and it is the duty of that person to comply with the requirement.

• (3ZB) For the purposes of subsection (3ZA) a person is not lawfully resident in the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.

• (3A) Where—

• (a) the Secretary of State is sent under a provision of Northern Ireland law corresponding to section 97(1AA) of this Act a licence granted under this Part of this Act to a person to drive a motor vehicle of any class, and

• (b) the Secretary of State is satisfied that a Northern Ireland licence to drive a motor vehicle of that or a corresponding class has been granted to that person,

the Secretary of State must serve notice in writing on that person revoking the licence granted under this Part of this Act.

• (4) Where the name or address of the licence holder as specified in a licence ceases to be correct, its holder must forthwith surrender the licence ... to the Secretary of State ... .

• (5) A person who without reasonable causefails to comply with the duty under subsection (2A),(3) , (3ZA) or(4) above is guilty of an offence.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6A) In subsection (7ZZA)—

• (a) omit “and its counterpart” in both places, and

• (b) omit “and counterpart”.

• (7) On the surrender of a licence ... by a person in pursuance of subsection (2A), (3) or (4) above, the Secretary of State must (subject to the following provisions of this section) grant a new licence to that person . . . .

• (7ZZA) Where a person is required to surrender a licence ... in pursuance of subsection (2A), (3) , (3ZA) or (4) but provides the Secretary of State with an explanation for not doing so which the Secretary of State considers adequate, the Secretary of State may (subject to the following provisions of this section) treat the licence ... as surrendered in accordance with the requirements of those subsections and , except in the case of a licence ... surrendered in pursuance of subsection (3ZA), may grant a new licence ... to that person.

• (7ZA) The Secretary of State is not required by subsection (7) above to grant a new licence on the surrender of a licence ... by a person in pursuance of subsection (2A) above , or in pursuance of subsection (3) or (4) where an election is made under subsection (2D)(b), unless the person has paid the fee (if any) which is prescribed; but any other licence under subsection (7) is to be granted free of charge.

• (7A) Where the surrendered licence was revoked because it was granted in error or in consequence of an error or omission appearing to the Secretary of State to be attributable to the fault of the licence holder or in consequence of a current disqualification, subsections (7) and (7ZZA) shall not apply but the Secretary of State may, if the person is not currently disqualified, grant a new licence to that person on payment of the fee (if any) which is prescribed.

• (7AA) The Secretary of State may not grant a new licence to a person under subsection (7), (7ZZA) or (7A) above unless, on the date on which the licence is granted, the person is lawfully resident in the United Kingdom and—

• (a) is also normally resident in Great Britain, or

• (b) has been attending a course of study in Great Britain during the period of 6 months ending on that date.

• (7AB) For the purposes of subsection (7AA) a person is not lawfully resident in the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.

• (7B) The Secretary of State may require a person to provide—

• (a) evidence of his name, address, sex and date and place of birth, ...

• (b) a photograph which is a current likeness of him,and

• (c) any information required by subsection (7C),

before granting a new licence to him under subsection (7) , (7ZZA) or (7A) above.

• (7C) In a case where—

• (a) a person surrenders a licence, and

• (b) the surrender is in pursuance of subsection (2A) or an election has otherwise been made under subsection (2D)(b) or (2E)(b),

the person must provide such evidence or further evidence as the Secretary of State may require for the purpose of satisfying the Secretary of State that the person is not suffering from a relevant or prospective disability.

• (8) A replacement licence granted pursuant to subsection (7) , (7ZZA) or (7A) above shall expire on the date on which the surrendered licence would have expired had it not been surrendered except that, where the period for which the surrendered licence was granted was based on an error with respect to the licence holder’s date of birth such that (if that error had not been made) that licence would have been expressed to expire on a different date, the replacement licence shall expire on that different date.

Appeals

Appeals relating to licences

100

• (1) A person who is aggrieved by the Secretary of State’s—

• (a) refusal to grant or revocation of a licence in pursuance of section 92 or 93 of this Act, or

• (b) determination under section 99(1)(b) of this Act to grant a licence for ten years or less or, where sub-paragraph (ii) of section 99(1)(b) applies, for three years or less, or

• (c) revocation of a licence in pursuance of section 99(3) , (3ZA) or (3A) of this Act,

or by a notice served on him in pursuance of section 92(5) , 99C or 109B of this Act may, after giving to the Secretary of State notice of his intention to do so, appeal to a magistrates’ court . . . or, in Scotland, to the sheriff within whose jurisdiction he resides.

• (2) On any such appeal the court or sheriff may make such order as it or he thinks fit and the order shall be binding on the Secretary of State.

• (3) It is hereby declared that, without prejudice to section 90 of this Act, in any proceedings under this section the court or sheriff is not entitled to entertain any question as to whether the appellant passed a test of competence to drive if he was declared by the person who conducted it to have failed it.

• (4) In any proceedings under this section about the revocation of a licence in pursuance of section 99(3ZA) (revocation on grounds of immigration status), the court or sheriff is not entitled to entertain any question as to whether—

• (a) the appellant should be, or should have been, granted leave to enter or remain in the United Kingdom, or

• (b) the appellant has, after the date that the Secretary of State served notice under section 99(3ZA), been granted leave to enter or remain in the United Kingdom.

Disqualification (otherwise than on conviction)

Disqualification of persons under age

101

• (1) A person is disqualified for holding or obtaining a licence to drive a motor vehicle of a class specified in the following Table if he is under the age specified in relation to it in the second column of the Table.

Class of motor vehicle	Age (in years)
1. Invalid carriage	16
2. Moped	16
3. Motor bicycle	17
4. Agricultural or forestry tractor	17
5. Small vehicle	17
6. Medium-sized good vehicle	18
Other motor vehicle	21

• (2) The Secretary of State may by regulations provide that subsection (1) above shall have effect as if for the classes of vehicles and the ages specified in the Table in that subsection there were substituted different classes of vehicles and ages or different classes of vehicles or different ages.

• (3) Subject to subsection (4) below, the regulations may—

• (a) apply to persons of a class specified in or under the regulations,

• (b) apply in circumstances so specified,

• (c) impose conditions or create exemptions or provide for the imposition of conditions or the creation of exemptions,

• (d) contain such transitional and supplemental provisions (including provisions amending section 108, 120 or 183(5) of this Act) as the Secretary of State considers necessary or expedient.

• (4) For the purpose of defining the class of persons to whom, the class of vehicles to which, the circumstances in which or the conditions subject to which regulations made by virtue of subsection (2) above are to apply where an approved training scheme for drivers is in force, it is sufficient for the regulations to refer to a document which embodies the terms (or any of the terms) of the scheme or to a document which is in force in pursuance of the scheme.

• (5) In subsection (4) above—

• “approved” means approved for the time being by the Secretary of State for the purpose of the regulations,

• “training scheme for drivers” means a scheme for training persons to drive vehicles of a class in relation to which the age which is in force under this section (but apart from any such scheme) is 21 years,

but no approved training scheme for drivers shall be amended without the approval of the Secretary of State.

Disqualification to prevent duplication of licences

102

• (2) A person is also disqualified for holding or obtaining a licence authorising him to drive a motor vehicle of any class so long as he is authorised by virtue of section 109(1) of this Act to drive a motor vehicle of that or a corresponding class.

Obtaining licence, or driving, while disqualified

103

• (1) A person is guilty of an offence if, while disqualified for holding or obtaining a licence, he—

• (a) obtains a licence, or

• (b) drives a motor vehicle on a road.

• (2) A licence obtained by a person who is disqualified is of no effect (or, where the disqualification relates only to vehicles of a particular class, is of no effect in relation to vehicles of that class).

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Subsection (1) above does not apply in relation to disqualification by virtue of section 101 of this Act.

• (5) Subsection (1)(b) above does not apply in relation to disqualification by virtue of section 102 of this Act.

• (6) In the application of subsection (1) above to a person whose disqualification is limited to the driving of motor vehicles of a particular class by virtue of—

• (a) section 102 117 or 117A of this Act, or

• (b) subsection (9) of section 36 of the Road Traffic Offenders Act 1988 (disqualification until test is passed),

the references to disqualification for holding or obtaining a licence and driving motor vehicles are references to disqualification for holding or obtaining a licence to drive and driving motor vehicles of that class.

Miscellaneous

Conduct of proceedings in certain courts by or against the Secretary of State

104

• (1) Any proceedings by or against the Secretary of State in a magistrates’ court or the county court under this Part of this Act or Part II of the Road Traffic Offenders Act 1988 may , except in the county court if rules of court provide otherwise, be conducted on behalf of the Secretary of State by a person authorised by him for the purposes of this subsection.

• (2) Any proceedings in any court in Scotland, other than the High Court of Justiciary or the Court of Session, against the Secretary of State under this Part of this Act or Part II of the Road Traffic Offenders Act 1988 may be conducted on behalf of the Secretary of State by any person authorised by him for the purposes of this subsection.

Regulations

105

• (1) The Secretary of State may make regulations for any purpose for which regulations may be made under the provisions of this Part of this Act and the relevant provisions of the Road Traffic Offenders Act 1988 and for prescribing anything which may be prescribed under any of those provisions, and otherwise for the purpose of carrying any of those provisions into effect.

• (2) In particular, but without prejudice to the generality of subsection (1) above, the regulations may make provision with respect to—

• (a) licences under this Part of this Act, Northern Ireland licences, and Community licences,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) preventing a person holding more than one licence,

• (d) facilitating identification of holders of licences,

• (e) providing for the issue of . . . licences ... in the place of licences ... lost or defaced on payment of such fee , and compliance with such requirements, as may be prescribed,

• (ea) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ee) the correspondence . . . of one class of motor vehicle with another class of motor vehicle or of one test of competence to drive with another (whatever the law under which the classification is made or the test conducted),

• (f) the effect of a change in the classification of motor vehicles . . . on licences then in force or issued or on the right to or the subsequent granting of licences or on Northern Ireland licences or Community licences then in force, and

• (g) enabling a person—

• (i) whose entitlement to the grant of a licence to drive a class of motor vehicle is preserved by regulations made by virtue of paragraph (f) above, and

• (ii) who satisfies such conditions as may be prescribed,

to drive (and be employed in driving) that class of motor vehicle while he applies for the licence to be granted to him,

and different regulations may be made as respects different classes of vehicles or as respects the same class of vehicles in different circumstances.

• (3) The regulations may—

• (a) make different provision for different circumstances,

• (b) provide for exemptions from any provision of the regulations, and

• (c) contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the regulations,

and nothing in the other provisions of this Part of this Act shall be construed as prejudicing the generality of the preceding provisions of this subsection.

• (4) Any fee prescribed under this Part of this Act shall be of an amount approved by the Treasury, and different fees may be prescribed for different circumstances and (in particular) in relation to licences in different forms.

• (5) In subsection (1) above “the relevant provisions of the Road Traffic Offenders Act 1988” means the following provisions of that Act: sections 2, 7, 8, 23 to 26, 27, 31 , 34 , 35 to 48, 91ZA and 91A .

Destination of fees for licences, etc

106

• (1) All fees received by the Secretary of State for licences under this Part of this Act shall be paid into the Consolidated Fund.

• (2) Fees in respect of tests of competence to drive payable by virtue of regulations made by virtue of section 89(4) of this Act shall be paid to such person as may be prescribed by the regulations, and any such fees received by a person so prescribed (other than any as to which the regulations provide that they are to be paid to the person conducting the test and retained by him as remuneration) shall be paid into the Consolidated Fund.

Service of notices

107

A notice authorised to be served on any person under this Part or Part IV of this Act or a Community licence required to be returned to its holder by section 99B, 99E or 109A of this Act may be served on, or returned to him by delivering it to him or by leaving it at his proper address or by sending it to him by post; and for the purposes of this section and section 7 of the Interpretation Act 1978 in its application to this section the proper address of any person shall be his latest address as known to the person serving the notice.

Interpretation

108

• (1) In this Part of this Act—