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Licensing
of
Drivers
of
Vehicles
Requirement
to
hold
licence
| |
Requirement to
hold licence
|
Drivers of motor vehicles to have driving licences.
Exceptions.
|
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to him has been revoked or surrendered in pursuance of section 99 of this Act,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 | |
|
|
Exceptions.
| (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.
| | |
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 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. |
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 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.
|
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.
| | |
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, "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.
|
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
[1988
c. 53.] 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.
|
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. |
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) 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.
|
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
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.
|
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.
|
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 [1988
c. 53.] 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) |
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.
|
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.
|
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 [1988
c. 53.] 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— (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 [1988
c. 53.] 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.
|
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.
|
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 [1988
c. 53.] 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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