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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Road Traffic Act 1988 (c.52) 1988 c. 52 |
Road Traffic Act 1988 (c. 52) | |
1988 Chapter c. 52 |
Licensing
of Drivers of Vehicles Requirement to hold licence
Tests Physical fitnessGranting of licences,
their form and durationAppeals Disqualification (otherwise than on conviction) Miscellaneous
ARRANGEMENT OF SECTIONS Part 1 - Road Safety Provisions Part 4 - Heavy Goods VehiclesPart 2 - Use of Vehicles and EquipmentPart 5 -Driving InstructionPart 3 - Licensing of Drivers of VehiclesPart 6 - Third-Party Liabilities
Requirement
to hold licence
Drivers of motor vehicles to have driving licences.
87.—(1) It is an offence for a person to drive on a road a motor vehicle of any class 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of State or such a licence granted to him has been revoked or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
-
(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.
-
(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.
(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.
(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 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.
(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,
(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,
(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.
-
(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.
-
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.
-
(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,
(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.
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.
(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.
-
(a) if
he drives any vehicle, or
-
(b) if
he drives a vehicle other than a vehicle of a particular construction
or design,
(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.
(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.
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,
(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.
(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,
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,
(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.
(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,
-
(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,
-
(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.
-
(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.
-
(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,
(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.
(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.
-
(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.
-
(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.
(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.
-
(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)
(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.
(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,
(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.
-
(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,
(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,
(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.
Appeals
Appeals relating to licences.
100.—(1) A person who is aggrieved by the Secretary of State's—
-
(a) refusal
to grant or revocation of a licence in pursuance of section 92 or
93 of this Act, or
-
(b) determination
under section 99(1) (b) of this Act to grant a licence for three years
or less, or
-
(c) revocation
of a licence in pursuance of section 99(3) of this Act,
(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.
Disqualification of persons under age.
101.—(1) A person is disqualified for holding or obtaining a licence to drive a motor vehicle of a class specified in the following Table if he is under the age specified in relation to it in the second column of the Table.
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.
(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,
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,
(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.
Conduct of proceedings in certain courts by or against the Secretary of State.
104.—(1) Any proceedings by or against the Secretary of State in a magistrates' court or 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.
105.—(1) The Secretary of State may make regulations for any purpose for which regulations may be made under the provisions of this Part of this Act and the relevant provisions of the Road Traffic Offenders Act 1988 and for prescribing anything which may be prescribed under any of those provisions, and otherwise for the purpose of carrying any of those provisions into effect.
(2) In particular, but without prejudice to the generality of subsection (1) above, the regulations may make provision with respect to—
-
(a) licences,
-
(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,
(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,
(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.
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—
-
(a) Gibraltar,
and
-
(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.
(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—
-
(a) of
this Act, and
-
(b) of
the [.] Road Traffic Offenders Act 1988, being the provisions connected
with the licensing of drivers within the meaning of that Act,
(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.