legal guide to UK motoring, sections for law enforcement, Driver licensing,
learner and new drivers, buying and selling, speeding fines, owning a vehicle, wheel clamping, traffic information
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Your legal guide to motoring |
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Licensing
of Drivers of Vehicles Requirement to hold licence
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Requirement
to hold licence
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Drivers of motor vehicles to have driving licences.
Exceptions.
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87.—(1) It
is an offence for a person to drive on a road a motor
vehicle of any class if he is not the holder of 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 if that other person
is not the holder of a licence authorising him to drive
a motor vehicle of that class.
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
if—
(a) the
driver has held a licence to drive vehicles of that
class or an exchangeable licence to drive vehicles of
a category corresponding to that class and (in either
case) is entitled to obtain a licence to drive vehicles
of that class, and
(b) an
application by the driver for the grant of such a licence
for a period which includes that time has been received
by the Secretary of State or such a licence granted
to him has been revoked or surrendered in pursuance
of section 99 of this Act, and
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Exceptions.
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(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.
(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) 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.
(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 [1984 c. 27.] Road Traffic Regulation
Act 1984, under the orders of another person engaged in the
driving of the vehicle who is licensed in that behalf in accordance
with the requirements of this Part and Part IV of this Act,
and
(b) a
person may cause or permit another person who is not the holder
of a licence so to act.
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Tests
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Tests of competence to drive.
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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 ten years ending on the
date of the coming into force of the licence applied for he
has passed the test of competence to drive prescribed by virtue
of subsection (3) below or a test of competence which under
subsection (6) below is a sufficient test, or
(b) that
within that period of ten years he has held a licence authorising
the driving of vehicles of that class, not being a provisional
licence, a licence granted by virtue of section 99(4) of the
[1960 c. 16.] Road Traffic Act 1960 or a licence
which has been revoked in pursuance of section 99(3) of this
Act, or
(c) that,
at the time of application for the licence—
(i) he
holds an exchangeable licence authorising the driving of
vehicles of a category corresponding to that class, and
(ii) he
is normally resident in Great Britain or (where the exchangeable
licence is a Community licence) the United Kingdom but has
not been so resident for more than one year, or
(d) that—
(i) within
that period of ten years he has held a licence granted under
a relevant external law to drive vehicles of that class,
not being a licence corresponding to a provisional licence
or a licence granted under any provision of that law corresponding
to section 99(4) of the [1960 c. 16.] Road Traffic
Act 1960, and
(ii) he
is not, at the time of application for the licence, disqualified
under that law for holding or obtaining a licence under
it to drive vehicles of any class.
This
subsection is subject to the provisions of this Part of this
Act as to provisional licences and to the provisions of any
regulations made by virtue of section 105(2)(f) of this Act.
(2) For
the purposes of subsection (1)(d) above "relevant external law"
means the law for the time being in force in Northern Ireland,
that for the time being in force in the Isle of Man or that
for the time being in force in any of the Channel Islands that
corresponds to this Part of this Act.
(3) Regulations may make provision
with respect to—
(a) the
nature of tests of competence to drive for the purposes of
this section,
(b) the
qualifications, selection and appointment of persons by whom
they may be conducted and the revocation of any appointment,
(c) evidence
of the results of such tests,
and
generally with respect to such tests.
(4) In particular, regulations
may, without prejudice to the generality of subsection (3) above,
provide—
(a) for
requiring a person submitting himself for a test to provide
a vehicle for the purposes of the test,
(b) for
requiring a fee, of such amount as may be specified in the
regulations or, in such cases as may be prescribed, specified
by such person as may be prescribed, to be paid by a person
who submits himself for a test or applies for an appointment
for a 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, and
(b) provision
for the supply by the Secretary of State of forms for certificates
evidencing the results and for charges to be made for the
supply.
(6) For
the purposes of subsection (1)(a) 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 any 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.
(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) to authorise
the driving of vehicles of all classes included in the 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 member State, country or territory shall not
be treated as authorising a person to drive a vehicle of any
category if—
(a) the
licence is not for the time being valid for that purpose,
or
(b) it
was issued in respect of that category for a purpose corresponding
to that mentioned in section 97(2) of this Act.
(9) Where
an exchangeable licence authorises the driving of vehicles of
any category and any vehicle falling within that category falls
also within any of the classes designated as a group for the
purposes of subsection (1)(a) above—
(a) that
category shall be treated for the purposes of subsection (1)(c)
above as corresponding to all classes included in the group,
and
(b) where,
by virtue of regulations, a person who passes a test of competence
authorising the granting of a licence to drive vehicles of
any class included in the group is treated as competent also
to drive vehicles of a class included in another group, that
category shall be treated for the purposes of subsection (1)(c)
above as corresponding to all categories included in that
other group.
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Review of conduct of test.
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90.—(1) On
the application of a person who has submitted himself for a
test of competence to drive—
(a) a
magistrates' court acting for the petty sessions area in which
he resides, 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.
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91. 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.
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Physical
fitness
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Requirements as to physical fitness of drivers.
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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,
"relevant
disability" in relation to any person means—
(a) any
prescribed disability, and
(b) any
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—
(a) 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, but
(b) by
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 the Secretary of
State is satisfied that the person who took the test is suffering
from a disability such that there is likely to be a danger to
the public—
(a) if
he drives any vehicle, or
(b) if
he drives a vehicle other than a vehicle of a particular construction
or design,
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 who took the test, 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,
any licence granted to the person who took the test shall be
limited to vehicles of the particular construction or design
specified in the notice.
(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 [1960 c. 16.] 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 has passed a test of competence
to drive which, under a provision of a relevant external law
corresponding to subsections (3) and (4) or (6) and (7) of
section 89 of this Act, either is prescribed in relation to
vehicles of 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, 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 the authority having power under the relevant
external law to grant a licence to drive a motor vehicle shall
be treated as disclosure to the Secretary of State.
In
this subsection "relevant external law" has the meaning given
by section 89(2) of this Act. |
Revocation of licence because of disability or prospective disability.
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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) or (7) 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.
(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.
(4) Where a person whose licence
is revoked under subsection (1) or (2) above—
(a) is
not in possession of his licence in consequence of the fact
that he has surrendered it to a constable or authorised person
(within the meaning of Part III of the [.] Road Traffic Offenders
Act 1988) on receiving a fixed penalty notice given to him
under section 54 of that Act but
(b) delivers
it to the Secretary of State immediately on its return,
he
is not in breach of the duty under subsection (3) above. |
Provision of information, etc. relating to disabilities.
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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.
(4) 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 is the case.
(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 a test of competence
to drive, being a test authorising the grant of a licence
in respect of vehicles—
(i) of
all or any of the classes to which the application relates,
or
(ii) which
he is authorised to drive (otherwise than by virtue of section
98(2) of this Act) by the licence which he holds,
as
the case may be.
(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 medical practitioner who may at any
time have given medical advice or attention to the applicant
or licence holder concerned 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.
(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) The Secretary of State must
defray any fees or other reasonable expenses of a registered
medical practitioner in connection with—
(a) the
provision of information in pursuance of an authorisation
required to be provided under subsection (5)(a) above, or
(b) any
examination which a person is required to undergo as mentioned
in subsection (5)(b) above.
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Notification of refusal of insurance on grounds of health.
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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) In subsection (1) above "authorised
insurer" means a person or body of persons carrying on insurance
business within Group 2 in Part II of Schedule 2 to the [1982
c. 50.] Insurance Companies Act 1982 and being a member
of the Motor Insurers' Bureau (a company limited by guarantee
and incorporated under the [1929 c. 23.] Companies
Act 1929 on 14th June 1946). |
Driving with uncorrected defective eyesight.
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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.
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Granting
of licences, their form and duration
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Grant of licences.
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97.—(1) Subject
to subsection (2) below and section 92 of this Act, the Secretary
of State must, on payment of such fee (if any) as may be prescribed,
grant a licence to a person who—
(a) makes
an application for it in such manner and containing such particulars
as the Secretary of State may specify,
(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 any previous licence granted to
him after 1st June 1970 or provides the Secretary of State
with an explanation for not surrendering it which the Secretary
of State considers adequate and, where the application is
made by virtue of section 89(1)(c) of this Act, surrenders
to the Secretary of State his exchangeable licence, and
(d) is
not disqualified by reason of age or otherwise from obtaining
the licence for which he makes the application and is not
prevented from obtaining it by the provisions of section 89
of this Act.
(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, and
(d) shall
not authorise a person, before he has passed a test of competence
to drive, to drive a motor cycle having two wheels only, unless
it is a learner motor cycle (as defined in subsection (5)
below) or its first use (as defined in regulations) occurred
before 1st January 1982 and the cylinder capacity of its engine
does not exceed 125 cubic centimetres.
(4) Regulations
may authorise or require the Secretary of State to refuse a
provisional licence authorising the driving of a motor cycle
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 cycle, or
(b) beginning
at such other time as may be prescribed.
(5) A
learner motor cycle is a motor cycle which either is propelled
by electric power or has the following characteristics—
(a) the
cylinder capacity of its engine does not exceed 125 cubic
centimetres,
(b) the
maximum power output of its engine does not exceed nine kilowatts
(as measured in accordance with International Standards Organisation
standard 4106-1978.09.01), and
(c) its
power to weight ratio does not exceed 100 kilowatts per metric
tonne, the power being the maximum power output mentioned
in paragraph (b) above and the weight that mentioned in subsection
(6) below.
(6) The
weight referred to in subsection (5) above is the weight of
the motor cycle with a full supply of fuel in its tank, an adequate
supply of other liquids needed for its propulsion and no load
other than its normal equipment, including loose tools.
(7) A person who fails to comply
with any condition applicable to him by virtue of subsection
(3) above is guilty of an offence. |
Form of licence.
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98.—(1) A
licence shall be in such form as the Secretary of State may
determine and shall—
(a) 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) specify
the restrictions on the driving of vehicles of any class in
pursuance of the licence to which its holder is subject by
virtue of the provisions of section 101 of this Act,
(c) in
the case of a provisional licence, specify the conditions
subject to which it is granted, and
(d) where,
by virtue of subsection (2) below, the licence authorises
its holder to drive vehicles of classes other than those specified
in the licence in pursuance of paragraph (a) above, contain
such statements as the Secretary of State considers appropriate
for indicating the effect of that subsection.
(2) Subject
to subsections (3) and (4) below, a licence which, apart from
this subsection, authorises its holder to drive motor vehicles
of certain classes only (not being—
(a) a
licence granted before 1st June 1970,
(b) a
provisional licence granted after that date, or
(c) any
other licence of a description prescribed for the purposes
of this subsection)
shall
also authorise him to drive motor vehicles of all other classes
subject to the same conditions as if he were authorised by a
provisional licence to drive motor vehicles of those other classes.
(3) A licence shall not by virtue
of subsection (2) above 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) unless
he has passed a test of competence to drive, a motor cycle
which, by virtue of section 97(3)(d) of this Act, a provisional
licence would not authorise him to drive before he had passed
that test.
(4) In
such cases as 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.
(5) A person who fails to comply
with any condition applicable to him by virtue of subsection
(2) above is guilty of an offence. |
Duration of licences.
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99.—(1) A
licence 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
of not more than three years and not less than one year as
the Secretary of State may determine, 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.
(2) To the extent that a provisional
licence authorises the driving of a motor cycle of 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 cycle,
or
(ii) in
such circumstances as may be prescribed, for a period equal
to that remainder at the time of surrender or revocation.
(3) Where
it appears to the Secretary of State—
(a) that
a licence granted by him to any person is required to be endorsed
in pursuance of any enactment or was granted in error or with
an error or omission in the particulars specified in the licence
or required to be so endorsed on it, or
(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.
(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 and provide him with particulars of the alterations
falling to be made in the name or address and, in the case of
a provisional licence as respects which the prescribed conditions
are satisfied, with a statement of his sex and date of birth.
(5) A person who fails to comply
with the duty under subsection (4) above is guilty of an offence.
(6) Where a person who has a duty
under this section to surrender his licence is not in possession
of the licence in consequence of the fact that he has surrendered
it to a constable or authorised person (within the meaning of
Part III of the [.] Road Traffic Offenders Act 1988) on receiving
a fixed penalty notice given to him under section 54 of that
Act, he does not fail to comply with the duty if he surrenders
the licence to the Secretary of State immediately on its return.
(7) On the surrender of a licence
by any person in pursuance of subsection (3) or (4) above, the
Secretary of State—
(a) must,
except where the licence was granted in error or is surrendered
in pursuance of subsection (3) above in consequence of an
error or omission appearing to the Secretary of State to be
attributable to that person's fault or in consequence of a
current disqualification, and
(b) may
in such an excepted case which does not involve a current
disqualification,
grant
to that person free of charge a new licence for such period
(subject to subsection (8) below) that it expires on the date
on which the surrendered licence would have expired had it not
been surrendered.
(8) 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 period of the new licence
shall be such that it expires on that different date.
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Appeals
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Appeals relating to licences.
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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
three years or less, or
(c) revocation
of a licence in pursuance of section 99(3) of this Act,
or
by a notice served on him in pursuance of section 92(5) of this
Act may, after giving to the Secretary of State notice of his
intention to do so, appeal to a magistrates' court acting for
the petty sessions area in which he resides 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.
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Disqualification
(otherwise than on conviction)
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Disqualification of persons under age.
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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.
TABLE
| Class of motor vehicle |
Age (in years) |
|
| 1. Invalid carriage |
16 |
| 2. Motor cycle |
16 |
| 3. Small passenger vehicle or small goods vehicle |
17 |
| 4. Agricultural tractor |
17 |
| 5. Medium-sized goods vehicle |
18 |
| 6. Other motor vehicles |
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.
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102. A
person is disqualified for obtaining a licence authorising him
to drive a motor vehicle of any class so long as he is the holder
of another licence authorising him to drive a motor vehicle
of that class, whether the licence is suspended or not. |
Obtaining licence, or driving, while disqualified.
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103.—(1) If
a person disqualified for holding or obtaining a licence—
(a) obtains
a licence while he is so disqualified, or
(b) while
he is so disqualified drives on a road a motor vehicle or,
if the disqualification is limited to the driving of a motor
vehicle of a particular class, a motor vehicle of that class,
he
is guilty of an offence.
(2) A licence obtained by any person
who is disqualified is of no effect.
(3) A constable in uniform may
arrest without warrant any person driving or attempting to drive
a motor vehicle on a road whom he has reasonable cause to suspect
of being disqualified.
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Miscellaneous
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Conduct of proceedings in certain courts by or against the Secretary
of State.
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104.—(1) Any
proceedings by or against the Secretary of State in a magistrates'
court or before the registrar of a county court 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 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.
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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—
(b) making
any particulars with respect to any persons who are disqualified
or whose licences are suspended or endorsed available for
use by the police,
(c) preventing
a person holding more than one licence,
(d) facilitating
identification of holders of licences,
(e) providing
for the issue of a new licence in the place of a licence lost
or defaced on payment of such fee as may be prescribed,
(f) the
effect of a change in the classification of motor vehicles
for the purposes of this Part of this Act on licences then
in force or issued or on the right to or the subsequent granting
of licences, 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.
(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 and 34 to 48. |
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.
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107. A
notice authorised to be served on any person by section 92,
93 or 99(3) of this Act may be served on 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 [1978 c. 30.] 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.
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108.—(1) In
this Part of this Act—
"agricultural
tractor" means a tractor used primarily for work on land in
connection with agriculture,
"articulated
goods vehicle" means a motor vehicle which is so constructed
that a trailer designed to carry goods may by partial superimposition
be attached to it in such manner as to cause a substantial
part of the weight of the trailer to be borne by the motor
vehicle, and "articulated goods vehicle combination" means
an articulated goods vehicle with a trailer so attached,
"Community
licence" means a document issued in respect of a member State
other than the United Kingdom by an authority of that or another
member State (including the United Kingdom) authorising the
holder to drive a motor vehicle, not being—
(a) a
document containing a statement to the effect that that or
a previous document was issued in exchange for a document
issued in respect of a State other than a member State, or
(b) a
document in any of the forms for an international driving
permit annexed to the Paris Convention on Motor Traffic of
1926, the Geneva Convention on Road Traffic of 1949 or the
Vienna Convention on Road Traffic of 1968,
"disability"
has the meaning given by section 92 of this Act,
"disqualified"
means disqualified for holding or obtaining a licence, and
"disqualification" is to be interpreted accordingly,
"exchangeable
licence" means a Community licence or a document which would
be a Community licence if—
(b) each
country or territory within this paragraph by virtue of an
order under subsection (2) below,
were
or formed part of a member State other than the United Kingdom,
"licence"
means a licence to drive a motor vehicle granted under this
Part of this Act,
"maximum
gross weight", in relation to a motor vehicle or trailer,
means the weight of the vehicle laden with the heaviest load
which it is constructed or adapted to carry,
"maximum
train weight", in relation to an articulated goods vehicle
combination, means the weight of the combination laden with
the heaviest load which it is constructed or adapted to carry,
"medium-sized
goods vehicle" means a motor vehicle which is constructed
or adapted to carry or to haul goods and is not adapted to
carry more than nine persons inclusive of the driver and the
permissible maximum weight of which exceeds 3.5 but not 7.5
tonnes,
"permissible
maximum weight", in relation to a goods vehicle (of whatever
description), means—
(a) in
the case of a motor vehicle which neither is an articulated
goods vehicle nor is drawing a trailer, the relevant maximum
weight of the vehicle,
(b) in
the case of an articulated goods vehicle—
(i) when
drawing only a semi-trailer, the relevant maximum train
weight of the articulated goods vehicle combination,
(ii) when
drawing a trailer as well as a semi-trailer, the aggregate
of the relevant maximum train weight of the articulated
goods vehicle combination and the relevant maximum weight
of the trailer,
(iii) when
drawing a trailer but not a semi-trailer, the aggregate
of the relevant maximum weight of the articulated goods
vehicle and the relevant maximum weight of the trailer,
(iv) when
drawing neither a semi-trailer nor a trailer, the relevant
maximum weight of the vehicle,
(c) in
the case of a motor vehicle (not being an articulated goods
vehicle) which is drawing a trailer, the aggregate of the
relevant maximum weight of the motor vehicle and the relevant
maximum weight of the trailer,
"prescribed"
means prescribed by regulations,
"prospective
disability" has the meaning given by section 92 of this Act,
"provisional
licence" means a licence granted by virtue of section 97(2)
of this Act,
"regulations"
means regulations made under section 105 of this Act,
"relevant
disability" has the meaning given by section 92 of this Act,
"relevant
maximum weight", in relation to a motor vehicle or trailer,
means—
(a) in
the case of a vehicle to which regulations under section 49
of this Act apply which is required by regulations under section
41 of this Act to have a maximum gross weight for the vehicle
marked on a plate issued by the Secretary of State under regulations
under section 41, the maximum gross weight so marked on the
vehicle,
(b) in
the case of a vehicle which is required by regulations under
section 41 of this Act to have a maximum gross weight for
the vehicle marked on the vehicle and does not also have a
maximum gross weight marked on it as mentioned in paragraph
(a) above, the maximum gross weight marked on the vehicle,
(c) in
the case of a vehicle on which a maximum gross weight is marked
by the same means as would be required by regulations under
section 41 of this Act if those regulations applied to the
vehicle, the maximum gross weight so marked on the vehicle,
(d) in
the case of a vehicle on which a maximum gross weight is not
marked as mentioned in paragraph (a), (b) or (c) above, the
notional maximum gross weight of the vehicle, that is to say,
such weight as is produced by multiplying the unladen weight
of the vehicle by the number prescribed by the Secretary of
State for the class of vehicle into which that vehicle falls,
"relevant
maximum train weight", in relation to an articulated goods
vehicle combination, means—
(a) in
the case of an articulated goods vehicle to which regulations
under section 49 of this Act apply which is required by regulations
under section 41 of this Act to have a maximum train weight
for the combination marked on a plate issued by the Secretary
of State under regulations under section 41, the maximum train
weight so marked on the motor vehicle,
(b) in
the case of an articulated goods vehicle which is required
by regulations under section 41 of this Act to have a maximum
train weight for the combination marked on the vehicle and
does not also have a maximum train weight marked on it as
mentioned in paragraph (a) above, the maximum train weight
marked on the motor vehicle,
(c) in
the case of an articulated goods vehicle on which a maximum
train weight is marked by the same means as would be required
by regulations under section 41 of this Act if those regulations
applied to the vehicle, the maximum train weight so marked
on the motor vehicle,
(d) in
the case of an articulated goods vehicle on which a maximum
train weight is not marked as mentioned in paragraph (a),
(b) or (c) above, the notional maximum gross weight of the
combination, that is to say, such weight as is produced by
multiplying the sum of the unladen weights of the motor vehicle
and the semi-trailer by the number prescribed by the Secretary
of State for the class of articulated goods vehicle combination
into which that combination falls,
"semi-trailer",
in relation to an articulated goods vehicle, means a trailer
attached to it in the manner described in the definition of
articulated goods vehicle,
"small
goods vehicle" means a motor vehicle (other than a motor cycle
or invalid carriage) which is constructed or adapted to carry
or to haul goods and is not adapted to carry more than nine
persons inclusive of the driver and the permissible maximum
weight of which does not exceed 3.5 tonnes,
"small
passenger vehicle" means a motor vehicle (other than a motor
cycle or invalid carriage) which is constructed solely to
carry passengers and their effects and is adapted to carry
not more than nine persons inclusive of the driver, and
"test
of competence to drive" means such a test conducted under
section 89 of this Act.
(2) If
the Secretary of State is satisfied that satisfactory provision
for the granting of licences to drive motor vehicles is made
by the law of a country or territory which neither is nor forms
part of a member State, he may by order made by statutory instrument
designate that country or territory as a country or territory
within paragraph (b) of the definition of exchangeable licence
in subsection (1) above.
(3) Before making any order under
subsection (2) above, the Secretary of State shall consult with
such representative organisations as he thinks fit. |
Provisions as to Northern Ireland drivers' licences.
|
109.—(1) The
holder of a licence to drive a motor vehicle granted under the
law of Northern Ireland may drive, and a person may cause or
permit the holder of such a licence to drive, in Great Britain,
a motor vehicle of any class which he is authorised by that
licence to drive, and which he is not disqualified from driving
under this Part of this Act, notwithstanding that he is not
the holder of a licence under this Part of this Act.
(2) Any driver holding a licence
so granted shall be under the like obligation to produce such
a licence as if it had been a licence granted under this Part
of this Act, and the provisions—
(b) of
the [.] Road Traffic Offenders Act 1988, being the provisions
connected with the licensing of drivers within the meaning
of that Act,
as
to the production of licences granted under this Part of this
Act shall apply accordingly.
(3) The holder of any such licence
who by an order of the court is disqualified for holding or
obtaining a licence under this Part of this Act must produce
the licence so held by him to the court within such time as
the court may determine, and the court must, on production of
the licence, forward it to the Secretary of State.
(4) If the holder fails to produce
the licence within that time, he is guilty of an offence.
(5) If the holder of any such licence
is convicted of an offence and the court orders particulars
of the conviction to be endorsed in accordance with section
44 of the Road Traffic Offenders Act 1988, the court shall send
those particulars to the Secretary of State.
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