102A Disqualification while disqualified in Northern Ireland, Isle of Man, Channel Islands or Gibraltar
(1) A person is disqualified for holding or obtaining a licence to drive a motor vehicle of any class so long as he is subject to a relevant disqualification imposed outside Great Britain.
(2) For the purposes of this section a person is subject to a relevant disqualification imposed outside Great Britain if, in respect of any offence—
(a) a court in Northern Ireland disqualifies him for holding or obtaining a Northern Ireland licence,
(b) a court in the Isle of Man or any of the Channel Islands disqualifies him for holding or obtaining a British external licence, or
(c) a court in Gibraltar disqualifies him for holding or obtaining a licence to drive a motor vehicle granted under the law of Gibraltar.
(3) A certificate signed by the Secretary of State which states, in respect of a person, any matter relating to the question whether he is subject to a relevant disqualification imposed outside Great Britain shall be evidence (in Scotland, sufficient evidence) of the matter so stated.
(4) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
103 Obtaining licence, or driving, while disqualified.
(1) A person is guilty of an offence if, while disqualified for holding or obtaining a licence, he—
(a) obtains a licence, or
(b) drives a motor vehicle on a road.
(2) A licence obtained by a person who is disqualified is of no effect (or, where the disqualification relates only to vehicles of a particular class, is of no effect in relation to vehicles of that class).
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Subsection (1) above does not apply in relation to disqualification by virtue of section 101 of this Act.
(5) Subsection (1)(b) above does not apply in relation to disqualification by virtue of section 102 of this Act.
(6) In the application of subsection (1) above to a person whose disqualification is limited to the driving of motor vehicles of a particular class by virtue of—
(a) section 102 117 or 117A of this Act, or
(b) subsection (9) of section 36 of the Road Traffic Offenders Act 1988 (disqualification until test is passed),
the references to disqualification for holding or obtaining a licence and driving motor vehicles are references to disqualification for holding or obtaining a licence to drive and driving motor vehicles of that class.
104 Conduct of proceedings in certain courts by or against the Secretary of State.
(1) Any proceedings by or against the Secretary of State in a magistrates’ court or the county court under this Part of this Act or Part II of the Road Traffic Offenders Act 1988 may , except in the county court if rules of court provide otherwise, be conducted on behalf of the Secretary of State by a person authorised by him for the purposes of this subsection.
(2) Any proceedings in any court in Scotland, other than the High Court of Justiciary or the Court of Session, against the Secretary of State under this Part of this Act or Part II of the Road Traffic Offenders Act 1988 may be conducted on behalf of the Secretary of State by any person authorised by him for the purposes of this subsection.
(1) The Secretary of State may make regulations for any purpose for which regulations may be made under the provisions of this Part of this Act and the relevant provisions of the Road Traffic Offenders Act 1988 and for prescribing anything which may be prescribed under any of those provisions, and otherwise for the purpose of carrying any of those provisions into effect.
(2) In particular, but without prejudice to the generality of subsection (1) above, the regulations may make provision with respect to—
(a) licences under this Part of this Act, Northern Ireland licences, and Community licences,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) preventing a person holding more than one licence,
(d) facilitating identification of holders of licences,
(e) providing for the issue of . . . licences ... in the place of licences ... lost or defaced on payment of such fee , and compliance with such requirements, as may be prescribed,
(ea) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ee) the correspondence . . . of one class of motor vehicle with another class of motor vehicle or of one test of competence to drive with another (whatever the law under which the classification is made or the test conducted),
(f) the effect of a change in the classification of motor vehicles . . . on licences then in force or issued or on the right to or the subsequent granting of licences or on Northern Ireland licences or Community licences then in force, and
(g) enabling a person—
(i) whose entitlement to the grant of a licence to drive a class of motor vehicle is preserved by regulations made by virtue of paragraph (f) above, and
(ii) who satisfies such conditions as may be prescribed,
to drive (and be employed in driving) that class of motor vehicle while he applies for the licence to be granted to him,
and different regulations may be made as respects different classes of vehicles or as respects the same class of vehicles in different circumstances.
(3) The regulations may—
(a) make different provision for different circumstances,
(b) provide for exemptions from any provision of the regulations, and
(c) contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the regulations,
and nothing in the other provisions of this Part of this Act shall be construed as prejudicing the generality of the preceding provisions of this subsection.
(4) Any fee prescribed under this Part of this Act shall be of an amount approved by the Treasury, and different fees may be prescribed for different circumstances and (in particular) in relation to licences in different forms.
(5) In subsection (1) above “the relevant provisions of the Road Traffic Offenders Act 1988” means the following provisions of that Act: sections 2, 7, 8, 23 to 26, 27, 31 , 34 , 35 to 48, 91ZA and 91A .
(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.
A notice authorised to be served on any person under this Part or Part IV of this Act or a Community licence required to be returned to its holder by section 99B, 99E or 109A of this Act may be served on, or returned to him by delivering it to him or by leaving it at his proper address or by sending it to him by post; and for the purposes of this section and section 7 of the Interpretation Act 1978 in its application to this section the proper address of any person shall be his latest address as known to the person serving the notice.
(1) In this Part of this Act—
“agricultural or forestry tractor” means a motor vehicle which—
has two or more axles,
is constructed for use as a tractor for work off the road in connection with agriculture or forestry, and
is primarily used as such,
“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,
“British external licence” and “British Forces licence” have the meanings given by section 88(8) of this Act,
“Community licence” means a document issued in respect of an EEA State ... by an authority of that or another EEA State ... authorising the holder to drive a motor vehicle, not being—
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 an EEA State, or
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 or
a document issued for a purpose corresponding to that mentioned in section 97(2) of this Act,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“disability” has the meaning given by section 92 of this Act,
“disqualified” means disqualified for holding or obtaining a licence (or, in cases where the disqualification is limited, a licence to drive motor vehicles of the class to which the disqualification relates), and “disqualification” is to be interpreted accordingly,
“EEA agreement” and “EEA state” have the meaning given by Schedule 1 to the Interpretation Act 1978;
“exchangeable licence” means a document authorising a person to drive a motor vehicle (not being a document mentioned in paragraph (b) of the definition of “Community licence”)—
issued in respect of Gibraltar by an authority of Gibraltar,
issued in respect of a country or territory which is designed without restriction by an order under subsection (2)(a) below by an authority of that country or territory, or
issued in respect of a country or territory which is designated by a restricted order under subsection (2)(b) below by an authority of that country or territory, being a document which is a licence of a description specified in that order,
and a licence of a description so specified as to which provision is made as mentioned in subsection (2B) below is only an exchangeable licence to the extent that it authorises its holder to drive vehicles of a class specified in the order.
“full licence” means a licence other than a provisional licence,
“large goods vehicle” has the meaning given by section 121(1) of this Act,
“licence” (except where the context otherwise requires)means a licence to drive a motor vehicle granted under this Part of this Act . . .
“light quadricycle” means a quadricycle referred to in Article 4 of the motorcycle type approval Regulation (within the meaning of Part 2 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,
which 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,
and includes a combination of such a motor vehicle and a trailer where the relevant maximum weight of the trailer does not exceed 750 kilograms,
“moped” does not include light quadricycles, but otherwise has the same meaning as in Directive 2006/126/EC of the European Parliament and of the Council of 20th December 2006 on driving licences,
“motor bicycle” means a motor vehicle which—
has two wheels, and
has a maximum design speed exceeding 45 kilometres per hour or, if powered by an internal combustion engine, has a cylinder capacity exceeding 50 cubic centimetres,
and includes a combination of such a motor vehicle and a side-car,
“Northern Ireland driving licence” or “Northern Ireland licence” means a licence to drive a motor vehicle granted under the law of Northern Ireland and “Northern Ireland counterpart” means the document issued with the Northern Ireland licence as a counterpart under the law of Northern Ireland,
“passenger-carrying vehicle” has the meaning given by section 121(1) of this Act,
“permissible maximum weight”, in relation to a goods vehicle (of whatever description), means—
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,
in the case of an articulated goods vehicle—
when drawing only a semi-trailer, the relevant maximum train weight of the articulated goods vehicle combination,
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,
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,
when drawing neither a semi-trailer nor a trailer, the relevant maximum weight of the vehicle,
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 external law” has the meaning given by section 88(8) of this Act,
“relevant maximum weight”, in relation to a motor vehicle or trailer, means—
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,
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,
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,
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—
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,
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,
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,
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 vehicle” means a motor vehicle (other than an invalid carriage, moped or motor bicycle) which—
is not constructed or adapted to carry more than nine persons inclusive of the driver, and
has a maximum gross weight not exceeding 3.5 tonnes,
and includes a combination of such a motor vehicle and a trailer,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“test of competence to drive” means such a test conducted under section 89 of this Act.
“approved training course for motor cyclists” and, in relation to such a course, “prescribed certificate of completion” mean respectively any course of training approved under, and the certificate of completion prescribed in, regulations under section 97(3A) of this Act.
(1A) In this Part of this Act, unless the context otherwise requires, a reference to the expiry of a licence is a reference to the time when it ceases to be in force (and “expired” is to be interpreted accordingly).
(1B) For the purposes of this Part a person is normally resident in Great Britain if—
(a) the person lives in Great Britain for at least 185 days in each calendar year because of—
(i) personal and occupational ties, or
(ii) close personal ties, or
(b) the person has personal ties in Great Britain and occupational ties in an EEA state or Northern Ireland and consequently lives in turn in Great Britain and that EEA state or Northern Ireland.
(1BA) In order to be normally resident in Great Britain by virtue of subsection (1B)(b) a person must return there regularly, except where the person is living in the EEA state or Northern Ireland in order to carry out a task of a definite duration.
(1C) For the purposes of this Part a person is normally resident in the United Kingdom if—
(a) the person lives in the United Kingdom for at least 185 days in each calendar year because of—
(i) personal and occupational ties, or
(ii) close personal ties, or
(b) the person has personal ties in the United Kingdom and occupational ties in an EEA state and consequently lives in turn in the United Kingdom and that EEA state.
(1D) In order to be normally resident in ... the United Kingdom by virtue of subsection ...(1C)(b) a person must return there regularly, except when the person is living in the EEA state in order to carry out a task of a definite duration.
(1E) For the purposes of subsections (1B) and (1C) attendance at a university or school is not a personal or occupational tie.
(2) The Secretary of State may by order made by statutory instrument designate a country or territory which neither is nor forms part of an EEA State for the purposes of the definition of “exchangeable licence” in subsection (1) above)—
(a) as respects all licences authorising the driving of motor vehicles granted under the law of that country or territory, where the Secretary of State is satisfied that satisfactory provision is made by that law for the granting of licences to drive motor vehicles;
(b) as respects only licences authorising the driving of motor vehicles granted under the law of that country or territory of a description specified in the order, where the Secretary of State is satisfied that satisfactory provision is made by that law for the granting of licences of that description.
(2A) An order under subsection (2)(b) above may specify a description of licence by reference to any feature of the licences concerned (including in particular the circumstances in which they are granted, any conditions to which they are subject or the classes of vehicle which they authorise the holders to drive).
(2B) An order under subsection (2)(b) above may provide that a licence of a specified description shall only be an exchangeable licence in so far as it authorises its holder to drive vehicles of a class specified in the order.
(3) Before making any order under subsection (2) above, the Secretary of State shall consult with such representative organisations as he thinks fit.
109 Provisions as to Northern Ireland drivers’ licences.
(1) The holder of a Northern Ireland driving licence may drive, and a person may cause or permit the holder of such a licence to drive, in Great Britain, in accordance with that licence, 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 or Part IV of this Act, notwithstanding that he is not the holder of a licence under this Part of this Act.
(2) For the purposes of this Act, any driver holding a Northern Ireland licence shall be under the same obligation to produce such a licence as if it had been a licence granted under this Part of this Act, and the provisions of this Act as to the production of licences granted under this Part of this Act shall apply accordingly.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
109A Information about Northern Ireland licence holders
(1) The Secretary of State may endorse the driving record of a Northern Ireland licence holder who delivers to him a Northern Ireland licence together with the information specified in, or required under, subsection (3) below with any part of that information.
(3) The information referred to in subsection (1) above is—
(a) the name and address (whether in Great Britain or Northern Ireland) of the Northern Ireland licence holder;
(b) his date of birth;
(c) the classes of vehicle which he is authorised by his Northern Ireland licence to drive;
(d) the period of validity of the licence;
(e) whether it was granted in exchange for a licence issued by a state other than an EEA State; and
(f) such other information as the Secretary of State may require for the purposes of the proper exercise of any of his functions under this Part or Part 4 of this Act.
(4) Where the name of a Northern Ireland licence holder as specified in his Northern Ireland licence ceases to be correct, he may deliver his Northern Ireland licence immediately to the Secretary of State and provide him with particulars of the alterations falling to be made in the name on it.
(5) On the delivery of a Northern Ireland licence by any person in pursuance of subsection (4) above, the Secretary of State may endorse the Northern Ireland licence and that person's driving record with the correct name and must return the Northern Ireland licence to that person.
109B Revocation of authorisation conferred by Northern Ireland licence because of disability or prospective disability
(1) If the Secretary of State is at any time satisfied on inquiry—
(a) that a Northern Ireland licence holder is suffering from a relevant disability, and
(b) that he would be required by virtue of section 92(3) of this Act to refuse an application made by the holder at that time for a licence authorising him to drive a vehicle of the class in respect of which his Northern Ireland licence was issued or a class corresponding to that class,
he may serve notice in writing requiring the licence holder to deliver immediately to the Secretary of State his Northern Ireland licence ....
(2) If the Secretary of State is satisfied on inquiry that a Northern Ireland licence holder is suffering from a prospective disability, he may—
(a) serve notice in writing on the Northern Ireland licence holder requiring him to deliver immediately to the Secretary of State his Northern Ireland licence ..., and
(b) on receipt of the Northern Ireland licence ... and of an application made for the purposes of this subsection, grant to the Northern Ireland licence holder, free of charge, a licence for a period determined by the Secretary of State under section 99(1)(b) of this Act.
(3) The Secretary of State may require a person to provide—
(a) evidence of his name, address, sex and date and place of birth, and
(b) a photograph which is a current likeness of him,
before granting a licence to him on an application for the purposes of subsection (2) above.
(4) A person who—
(a) is required under, or by virtue of, this section to deliver to the Secretary of State his Northern Ireland licence ..., but
(b) without reasonable excuse, fails to do so,
is guilty of an offence.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Where a Northern Ireland licence holder is served with a notice in pursuance of this section, he shall cease to be authorised by virtue of section 109(1) of this Act to drive in Great Britain a motor vehicle of any class from such date as may be specified in the notice, not being earlier than the date of service of the notice.
(7) Where a Northern Ireland licence is delivered to the Secretary of State in pursuance of this section, he must—
(a) send the licence and its Northern Ireland counterpart to the licensing authority in Northern Ireland, and
(b) explain to them his reasons for so doing.
Section 94 of this Act shall apply to a Northern Ireland licence holder who is normally resident in Great Britain as if—
(a) in subsection (1), for the words from the beginning to “aware” there were substituted “ If a Northern Ireland licence holder who is authorised by virtue of section 109(1) of this Act to drive in Great Britain a motor vehicle of any class, is aware immediately before the relevant date, or becomes aware on or after that date ”,
(b) after that subsection there were inserted—
(1A) For the purposes of subsection (1) “relevant date” means—
(a) in the case where the licence holder first became normally resident in Great Britain on or before the date on which section 79 of the Crime (International Co-operation) Act 2003 comes into force, that date; and
(b) in any other case, the date on which he first became so resident.
,
(c) for subsection (3A) there were substituted—
(3A) A person who—
(a) is authorised by virtue of section 109(1) of this Act to drive in Great Britain a motor vehicle of any class, and
(b) drives on a road a motor vehicle of that class,
is guilty of an offence if at any earlier time while he was so authorised he was required by subsection (1) above to notify the Secretary of State but has failed without reasonable excuse to do so.
,
(d) in subsection (4), the words “an applicant for, or” (in both places) were omitted,
(e) in subsection (5), the words “applicant or” and the words from the beginning of paragraph (c) to “provisional licence” were omitted,
(f) in subsection (6)(b), the words “applicant or” (in both places) were omitted,
(g) in subsection (7), the words “applicant or” were omitted, and
(h) in subsection (8)—
(i) for “93” there were substituted “ 109B ”, and
(ii) the words “applicant or” (in both places) were omitted.
(1) Licences under Part III of this Act to drive motor vehicles of classes which include large goods vehicles or passenger-carrying vehicles or large goods vehicles or passenger-carrying vehicles of any class shall be granted by the Secretary of State in accordance with this Part of this Act and shall, in so far as they authorise the driving of large goods vehicles or passenger-carrying vehicles, be otherwise subject to this Part of this Act in addition to Part III of this Act.
(2) In this Part of this Act—
“Community licence” has the same meaning as in Part III of this Act;
“LGV Community licence” means a Community licence in so far as it authorises a person to drive large goods vehicles of any class;
“PCV Community licence” means a Community licence in so far as it authorises a person to drive passenger-carrying vehicles of any class;
“large goods vehicle driver’s licence” means a licence under Part III of this Act in so far as it authorises a person to drive large goods vehicles of any class; and
“passenger-carrying vehicle driver’s licence” means a licence under Part III of this Act in so far as it authorises a person to drive passenger-carrying vehicles of any class.
(1) A traffic commissioner shall exercise the functions conferred by the following provisions of this Part of this Act relating to the conduct of
(a) applicants for and holders of large goods vehicle and passenger-carrying vehicle drivers’ licences, and
(b) holders of LGV Community licences and PCV Community licences.
(2) Traffic commissioners shall, in the exercise of those functions, act in accordance with directions given by the Secretary of State; but such directions shall be general directions not relating to the exercise of functions in a particular case.
112 Grants of licences: fitness as regards conduct.
The Secretary of State shall not grant to an applicant a large goods vehicle driver’s licence or a passenger-carrying vehicle driver’s licence unless he is satisfied, having regard to his conduct, that he is a fit person to hold the licence applied for.
113 Grant of licences: referral of matters of conduct to traffic commissioners.
(1) Any question arising under section 112 of this Act relating to the conduct of an applicant for a licence may be referred by the Secretary of State to a traffic commissioner .
(2) On any reference under subsection (1) above, a traffic commissioner shall determine whether the applicant for the licence is or is not, having regard to his conduct, a fit person to hold a licence to drive large goods vehicles or passenger-carrying vehicles, as the case may be.
(3) A traffic commissioner dealing with a reference under this section may require the applicant for the licence to furnish the commissioner with such information as he may require and may, by notice to the applicant, require him to attend before the commissioner at the time and place specified by the commissioner to furnish the information and to answer such questions (if any) relating to his application as the commissioner may put to him.
(4) If the applicant fails without reasonable excuse to furnish information to or attend before or answer questions properly put by a commissioner when required to do so under subsection (3) above, the commissioner dealing with the application may decline to proceed further with the application and, if he does so, the commissioner shall notify the Secretary of State of that fact and the Secretary of State shall refuse to grant the licence.
(5) A traffic commissioner dealing with a reference under this section shall, unless he has declined to proceed further with the application, notify the Secretary of State and the applicant of his determination in the matter and the decision of the commissioner shall be binding on the Secretary of State.
(1) The following licences, that say -
(a) a large goods vehicle or passenger-carrying vehicle driver’s licence issued as a provisional licence,
(b) a full large goods vehicle or passenger-carrying vehicle driver’s licence granted to a person under the age of 21, and
(c) a LGV Community licence held by a person under the age of 21 who is normally resident in Great Britain,
shall be subject to the prescribed conditions, and if the holder of the licence fails, without reasonable excuse, to comply with any of the conditions he is guilty of an offence.
(2) It is an offence for a person knowingly to cause or permit another person who is under the age of 21 to drive a large goods vehicle of any class or a passenger-carrying vehicle of any class in contravention of the prescribed conditions to which that other person’s licence is subject.
(1) A large goods vehicle or passenger-carrying vehicle driver’s licence—
(a) must be revoked if there come into existence, in relation to its holder, such circumstances relating to his conduct as may be prescribed;
(b) must be revoked or suspended if his conduct is such as to make him unfit to hold such a licence;
and where the licence is suspended under paragraph (b) above it shall during the time of suspension be of no effect.
(2) Where it appears that the conduct of the holder of a licence falls within both paragraph (a) and paragraph (b) of subsection (1) above, proceedings shall be taken or continued under paragraph (a) and not under paragraph (b) and accordingly the power to suspend the licence, rather than revoke it, shall not be available.
(3) Regulations made for the purposes of this section or any of sections 115A, 117 or 117A of this Act—
(a) may make different provision for large goods vehicles and for passenger-carrying vehicles and for different descriptions of persons; and
(b) shall provide for the determination of the cases in which,
(i) under section 117 of this Act, a person whose licence has been revoked, or
(ii) under section 117A of this Act, a person on whom a notice is served in pursuance of section 115A(1)(a) of this Act,
is to be disqualified indefinitely or for a period and, if for a period, for the determination of the period.
115A Community licence holders: cessation of authorisation, etc.
(1) Where, in relation to a holder of a LGV Community licence or PCV Community licence who is normally resident in Great Britain—
(a) there exist immediately before the relevant date, or there come into existence on or after that date, such circumstances relating to his conduct as may be prescribed; or
(b) his conduct is such as to make him unfit to be authorised by virtue of section 99A(1) of this Act to drive in Great Britain a large goods vehicle or passenger-carrying vehicle (as the case may be),
the Secretary of State must serve notice on the holder requiring him to deliver the Community licence ... immediately to the Secretary of State and it shall be the duty of the holder to comply with that requirement.
(2) Where a notice is served in pursuance of subsection (1)(a) or (b) above on the holder of a LGV Community licence or a PCV Community licence, he shall cease to be authorised by virtue of section 99A(1) of this Act to drive in Great Britain a large goods vehicle or passenger-carrying vehicle (as the case may be) from such date as is specified in the notice, not being earlier than the date of service of the notice.
(3) Where it appears to the Secretary of State that the conduct of a Community licence holder falls within both paragraph (a) and paragraph (b) of subsection (1) above, the Secretary of State must serve notice on the holder in pursuance of the former paragraph only.
(4) Any Community licence holder who fails without reasonable excuse to comply with his duty under subsection (1) above is guilty of an offence.
(5) In this section “relevant date", in relation to a Community licence holder who is normally resident in Great Britain, has the same meaning as in section 99A(8) of this Act.
116 Revocation or suspension of licences: referral of matters of conduct to traffic commissioners.
(1) Any question arising—
(a) under section 115(1)(b) of this Act as to whether a person is or is not, by reason of his conduct, fit to hold a large goods vehicle or passenger-carrying vehicle driver’s licence, as the case may be, or
(b) under section 115A(1)(b) of this Act as to whether the holder of a LGV Community licence or PCV Community licence is or is not, by reason of his conduct, fit to be authorised by virtue of section 99A(1) of this Act to drive in Great Britain a large goods vehicle or passenger-carrying vehicle (as the case may be),
may be referred by the Secretary of State to a traffic commissioner.
(2) Where, on any reference under subsection (1)(a) above, a traffic commissioner determines that the holder of the licence is not fit to hold a large goods vehicle or passenger-carrying vehicle driver’s licence, as the case may be, he shall also determine whether the conduct of the holder of the licence is such as to require the revocation of his licence or only its suspension; and, if the former, whether the holder of the licence should be disqualified under section 117(2)(a) of this Act (and, if so, for what period) or under section 117(2)(b) of this Act.
(2A) Where, on any reference under subsection (1)(b) above, a traffic commissioner determines that a Community licence holder is not fit to be authorised by virtue of section 99A(1) of this Act to drive in Great Britain a large goods vehicle or passenger-carrying vehicle (as the case may be), he shall also determine whether the Community licence holder—
(a) should be disqualified under section 117A(2)(a) of this Act (and, if so, for what period) or under section 117A(2)(b) of this Act, or
(b) should be granted, free of charge, a large goods vehicle or passenger-carrying vehicle driver’s licence (and, if so, from what date it shall take effect).
(3) A traffic commissioner dealing with a reference under subsection (1) above may require the holder of the licence to furnish the commissioner with such information as he may require and may, by notice to the holder, require him to attend before the commissioner at the time and place specified by the commissioner to furnish the information and to answer such questions (if any) relating to the subject matter of the reference as the commissioner may put to him.
(4) If the holder of the licence fails without reasonable excuse to furnish information to or to attend before or answer questions properly put by a commissioner when required to do so under subsection (3) above, the commissioner dealing with the reference may notify the failure to the
(a) in a case where the licence in question is a LGV Community licence or a PCV Community licence, the holder shall cease to be authorised by virtue of section 99A(1) of this Act to drive in Great Britain a large goods or passenger-carrying vehicle (as the case may be) from such date as is specified in a notice served on the holder by the Secretary of State; and
(b) in any other case, revoke the licence or suspend it for such period as he thinks fit.
(5) Except where he has given such a notification as is mentioned in subsection (4) above, a traffic commissioner dealing with a reference under subsection (1) above shall notify his determination in the matter to the Secretary of State and the holder of the licence and the decision of the commissioner shall be binding on the Secretary of State.
(6) Where the Secretary of State, without making such a reference, determines to revoke or suspend a person’s licence under section 115(1) of this Act he shall notify his determination in the matter to the holder of the licence and, where he suspends it, to a traffic commissioner.
(1) Where in pursuance of section 115(1)(a) of this Act the Secretary of State revokes a person’s large goods vehicle or passenger-carrying vehicle driver’s licence, the Secretary of State must, in accordance with the regulations made in pursuance of section 115(3), order that person to be disqualified indefinitely or for the period determined in accordance with the regulations.
(2) Where in pursuance of section 115(1)(b) of this Act the Secretary of State revokes a person’s large goods vehicle or passenger-carrying vehicle driver’s licence, the Secretary of State may—
(a) order the holder to be disqualified indefinitely or for such period as the Secretary of State thinks fit, or
(b) except where the licence is a provisional licence, if it appears to the Secretary of State that, owing to the conduct of the holder of the licence, it is expedient to require him to comply with the prescribed conditions applicable to provisional licences under Part III of this Act until he passes the prescribed test of competence to drive large goods vehicles or passenger-carrying vehicles of any class, order him to be disqualified for holding or obtaining a full licence until he passes such a test.
(2A) Regulations may make provision for the application of subsections (1) and (2) above, in such circumstances and with such modifications as may be prescribed, where a person’s large goods vehicle or passenger-carrying vehicle driver’s licence is treated as revoked by virtue of section 37(1) of the Road Traffic Offenders Act 1988 (effect of disqualification by order of a court).
(3) If, while the holder of a large goods vehicle or passenger-carrying vehicle driver’s licence is disqualified under subsection (1) above, the circumstances prescribed for the purposes of section 115(1)(a) of this Act cease to exist in his case, the Secretary of State must, on an application made to him for the purpose, remove the disqualification.
(4) Where the holder of a large goods vehicle or passenger-carrying vehicle driver’s licence is disqualified under subsection (2)(a) above, the Secretary of State may, in such circumstances as may be prescribed, remove the disqualification.
(5) Where the holder of a full licence is disqualified under subsection (2)(b) above, the Secretary of State must not afterwards grant him a full licence to drive a large goods vehicle or passenger-carrying vehicle of any class unless satisfied that he has since the disqualification passed the prescribed test of competence to drive vehicles of that class, and until he passes that test any full licence obtained by him shall be of no effect.
(6) So long as the disqualification under subsection (1) or (2)(a) above of the holder of a large goods vehicle or passenger-carrying vehicle driver’s licence continues in force, a large goods vehicle or passenger-carrying vehicle driver’s licence must not be granted to him and any such licence obtained by him shall be of no effect.
(7) In this section “disqualified”—
(a) in a case of revocation on the ground of the conduct of the holder of the licence as a driver, means disqualified for holding or obtaining a licence under Part III of this Act to drive large goods vehicles of the prescribed classes and passenger-carrying vehicles of the prescribed classes; and
(b) in a case of revocation of a passenger-carrying vehicle driver’s licence on the ground of the conduct of the holder otherwise than as a driver, means disqualified for holding or obtaining a licence under Part III of this Act to drive passenger-carrying vehicles of the prescribed classes.
(1) Where a notice is served on a Community licence holder in pursuance of section 115A(1)(a) of this Act, the Secretary of State must, in accordance with the regulations made in pursuance of section 115(3), order that person to be disqualified indefinitely or for the period determined in accordance with the regulations.
(2) Where a notice is served on a Community licence holder in pursuance of section 115A(1)(b) of this Act, the Secretary of State may—
(a) order that person to be disqualified indefinitely or for such period as the Secretary of State thinks fit,
(b) if it appears to the Secretary of State that, owing to the conduct of the Community licence holder, it is expedient to require him to comply with the prescribed conditions applicable to provisional licences under Part III of this Act until he passes the prescribed test of competence to drive large goods vehicles or passenger-carrying vehicles of any class, order him to be disqualified for holding or obtaining a full licence until he passes such a test, or
(c) on receipt of the Community licence ..., grant to the Community licence holder, , on payment of such fee (if any) as may be prescribed, a large goods vehicle or passenger-carrying vehicle driver’s licence which shall take effect from such date as the Secretary of State may determine.
(3) Where, in pursuance of subsection (1) or (2) above, the Secretary of State orders a Community licence holder to be disqualified the Secretary of State must, on receipt of the Community licence ..., grant to the Community licence holder, , on payment of such fee (if any) as may be prescribed, a licence authorising the driving of the classes of vehicle which are unaffected by the disqualification.
(3A) The Secretary of State may require a person to provide—
(a) evidence of his name, address, sex and date and place of birth, and
(b) a photograph which is a current likeness of him,
before issuing a licence to him under subsection (3) above.
(4) If, while the holder of a LGV Community licence or a PCV Community licence is disqualified under subsection (1) above, the circumstances prescribed for the purposes of section 115A(1)(a) of this Act cease to exist in his case, the Secretary of State must, on an application made to him for the purpose, remove the disqualification.
(5) Where the holder of a LGV Community licence or a PCV Community licence is disqualified under subsection (2)(a) above, the Secretary of State may, in such circumstances as may be prescribed, remove the disqualification.
(6) In this section “disqualified”—
(a) in a case where notice is served in pursuance of section 115A(1) of this Act on a Community licence holder on the ground of his conduct as a driver, means disqualified for holding or obtaining a licence under Part III of this Act to drive large goods vehicles of the prescribed classes and passenger-carrying vehicles of the prescribed classes; and
(b) in a case where notice is served in pursuance of section 115A(1) of this Act on a holder of a PCV Community licence on the ground of his conduct otherwise than as a driver, means disqualified for holding or obtaining a licence under Part III of this Act to drive passenger-carrying vehicles of the prescribed classes.
118 Revoked or suspended licences: surrender, return and endorsement.
(1) Where, in pursuance of section 115 of this Act, the Secretary of State revokes a licence, he must serve notice on the holder of the licence requiring him to deliver the licence ... forthwith to the Secretary of State, and it shall be the duty of the holder of the licence to comply with the requirement.
(2) Where, in pursuance of section 115 of this Act, the Secretary of State suspends a licence, he must (unless the holder of the licence has already delivered his licence to a traffic commissioner on a reference under section 116 of this Act) serve notice on the holder of the licence requiring him to deliver the licence forthwith to the Secretary of State at the address specified in the notice, and it shall be the duty of the holder of the licence to comply with the requirement.
(2A) On the delivery of the licence or, where the licence has already been delivered to a traffic commissioner, on suspending the licence, the Secretary of State must endorse the particulars of the suspension on the licence holder's driving record.
(2B) The Secretary of State or, as the case may be, a traffic commissioner, must then return the licence to the holder.
(3) Any holder of a licence who fails without reasonable excuse to comply with his duty under subsection (1) or (2) above is guilty of an offence.
(4) On the delivery of a licence ... by a person to the Secretary of State in pursuance of subsection (1) above, the Secretary of State must issue to him, on payment of such fee (if any) as may be prescribed, a licence authorising the driving of the classes of vehicles which are unaffected by the revocation.
(4A) The Secretary of State may require a person to provide—
(a) evidence of his name, address, sex and date and place of birth, and
(b) a photograph which is a current likeness of him,
before issuing a licence to him under subsection (4) above.
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(1) A person who, being the holder of, or an applicant for, a large goods vehicle or passenger-carrying vehicle driver’s licence or the holder of a LGV Community licence or a PCV Community licence, is aggrieved by the Secretary of State’s—
(a) refusal or failure to grant such a licence in pursuance of section 112 or 113(4) of this Act,
(b) suspension or revocation of such a licence in pursuance of section 115 or 116(4) of this Act, or
(c) ordering of disqualification under section 117(2) or 117A(2) of this Act,
or by a notice served on him in pursuance of section 115A(1) or 116(4) of this Act may, after giving to the Secretary of State and, if the matter was referred to a traffic commissioner, to the traffic commissioner dealing with the matter notice of his intention to do so, appeal to a magistrates’ court . . . or, in Scotland, to the sheriff within whose jurisdiction the holder of or applicant for the licence resides.
(2) On any appeal under subsection (1) above (except under paragraph (c) of that subsection) the Secretary of State and, if the matter was referred to a traffic commissioner, the commissioner dealing with the matter shall be respondent.
(3) On any appeal under subsection (1) above 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.
(1) The Secretary of State may make regulations for any purpose for which regulations may be made under this Part of this Act and for prescribing anything which may be prescribed under this Part of this Act and generally for the purpose of carrying the provisions of this Part of this Act into effect.
(2) Regulations under this section may in particular require applicants for tests of competence under Part III of this Act to drive large goods vehicles or passenger-carrying vehicles or for large goods vehicle or passenger-carrying vehicle driver’s licences (whether full or provisional) to have such qualifications, experience and knowledge as may be prescribed and, in particular, where they are to be authorised to drive large goods vehicles or passenger-carrying vehicles of any class at an age below the normal minimum age for driving vehicles of that class, to fulfil such requirements with respect to participation in an approved training scheme for drivers as may be prescribed.
(3) In subsection (2) above—
“approved training scheme for drivers” means a training scheme for drivers (as defined in section 101(5) of this Act) approved for the time being by the Secretary of State for the purposes of regulations under that section; and
“normal minimum age for driving”, in relation to the driving of vehicles of any class, means the age which is in force under section 101 of this Act (but apart from any approved training scheme for drivers) in relation to that class of vehicle.
(4) Regulations under this section may make different provision as respects different classes of vehicles or as respects the same class of vehicles in different circumstances.
(5) Regulations under this section may provide that a person who contravenes or fails to comply with any specified provision of the regulations is guilty of an offence.
(6) The Secretary of State may by regulations provide that this Part of this Act shall not apply to large goods vehicles or passenger-carrying vehicles of such classes as may be prescribed either generally or in such circumstances as may be prescribed.
(1) In this Part of this Act—
“conduct” means—
in relation to an applicant for or the holder of a large goods vehicle driver’s licence or the holder of a LGV Community licence, his conduct as a driver of a motor vehicle, and
in relation to an applicant for or the holder of a passenger-carrying vehicle driver’s licence or the holder of a PCV Community licence, his conduct both as a driver of a motor vehicle and in any other respect relevant to his holding a passenger-carrying vehicle driver’s licence or (as the case may be) his authorisation by virtue of section 99A(1) of this Act to drive in Great Britain a passenger-carrying vehicle of any class,
including, in either case, such conduct in Northern Ireland;
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“full licence” means a large goods vehicle or passenger-carrying vehicle driver’s licence other than a provisional licence;
“large goods vehicle” means a motor vehicle (not being a medium-sized goods vehicle within the meaning of Part III of this Act) which is constructed or adapted to carry or to haul goods and the permissible maximum weight of which exceeds 7.5 tonnes;
“passenger-carrying vehicle” means—
a large passenger-carrying vehicle, that is to say, a vehicle used for carrying passengers which is constructed or adapted to carry more than 16 passengers, or
a small passenger-carrying vehicle, that is to say, a vehicle used for carrying passengers for hire or reward which is constructed or adapted to carry more than 8 but not more than 16 passengers and includes a combination of such a motor vehicle and trailer;
“notice” means notice in writing and “notify” shall be construed accordingly;
“prescribed” means, unless the context requires otherwise, prescribed by regulations under section 120 of this Act;
“provisional licence” means a licence granted by virtue of section 97(2) of this Act;
and “permissible maximum weight” has the same meaning as in Part III of this Act.
(1) In this section “Northern Ireland driving licence” has the same meaning as in Part III of this Act.
(2) The Secretary of State may exercise as respects Great Britain the like power of revoking or suspending any Northern Ireland driving licence and of making an order under section 117(2) of this Act as is conferred on him in relation to a large goods vehicle or passenger-carrying vehicle driver’s licence by sections 115(1)(b) and 117(2) of this Act, and the provisions of sections 115(1), 116, 117 and (with the exception of subsection (3)) 118 shall have effect accordingly ....
(3) Where a revoked Northern Ireland driving licence is surrendered to the Secretary of State in pursuance of section 118 of this Act, the Secretary of State shall send it to the licensing authority in Northern Ireland together with particulars of the revocation.
(4) A holder of a Northern Ireland driving licence who is aggrieved by the revocation or suspension of the licence or the ordering of disqualification by virtue of subsection (2) above shall have the like right of appeal as is conferred by section 119 of this Act except that an appeal brought by virtue of this subsection shall, if the appellant is not resident in Great Britain, lie to a prescribed magistrates’ court or a prescribed sheriff.
123 Driving instruction for payment to be given only by registered or licensed persons.
(1) No paid instruction in the driving of a motor car shall be given unless—
(a) the name of the person giving the instruction is in the register of approved instructors established in pursuance of section 23 of the Road Traffic Act 1962 (in this Part of this Act referred to as “the register”) and the registration is not suspended, or
(b) the person giving the instruction is the holder of a current licence granted under this Part of this Act authorising him to give such instruction.
(2) No paid instruction in the driving of a motor car shall be given unless there is fixed to and exhibited on that motor car in such manner as may be prescribed by regulations either—
(a) a certificate in such form as may be so prescribed that the name of the person giving the instruction is in the register, or
(b) a current licence granted under this Part of this Act authorising the person giving the instruction to give such instruction.
(3) For the purposes of subsections (1) and (2) above, instruction is paid instruction if payment of money or money’s worth is, or is to be, made by or in respect of the person to whom the instruction is given for the giving of the instruction and for the purposes of this subsection instruction which is given—
(a) free of charge to a person who is not the holder of a current licence to drive a motor vehicle granted under Part III of this Act (other than a provisional licence),
(b) by, or in pursuance of arrangements made by, a person carrying on business in the supply of motor cars, and
(c) in connection with the supply of a motor car in the course of that business,
shall be deemed to be given for payment of money by the person to whom the instruction is given.
(4) Where instruction is given in contravention of subsection (1) above—
(a) the person by whom it is given, and
(b) if that person is employed by another to give that instruction, that other, as well as that person,
is guilty of an offence.
(5) In proceedings against a person for an offence under subsection (4) above it shall be a defence for him to prove that he did not know, and had no reasonable cause to believe, that his name or, as the case may be, that of the person employed by him, was not in the register at the material time , or (as the case may be) that the registration was at that time suspended .
(6) If instruction is given in contravention of subsection (2) above, the person by whom it is given is guilty of an offence.
(7) Any reference in this Part of this Act to a current licence or certificate is a reference to a licence or certificate which has not expired and has not been cancelled, revoked or suspended.
(8) In this Part of this Act—
“paid instruction”, in relation to instruction in the driving of a motor car, shall be construed in accordance with subsection (3) above; and
“provisional licence” has the same meaning as in Part III of this Act.
124 Exemption of police instructors from prohibition imposed by section 123.
(1) Section 123(1) and (2) of this Act does not apply to the giving of instruction by a police instructor in pursuance of arrangements made by a chief officer of police or, under the authority of a chief officer of police, in pursuance of arrangements made by a local authority.
(1A) Section 123(1) and (2) also does not apply to the giving of instruction by a NCA instructor in pursuance of arrangements made by the Director General of the National Crime Agency .
In this subsection “ NCA instructor” means an NCA officer whose duties consist of or include the giving instruction in the driving of motor cars to other NCA officers .
(2) In this section—
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“police instructor” means a person who is—
a member of a police force whose duties consist of or include, or have consisted of or included, the giving of instruction in the driving of motor cars to persons being members of a police force, or
a civilian employed by a police authority for the purpose of giving such instruction to such persons, and
“local authority” means—
in relation to England and Wales, the council of a county, metropolitan district, or London borough or the Common Council of the City of London,
in relation to Scotland, a regional or islands council.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The compilation and maintenance of the register shall continue by virtue of this Act.
(2) An application for the entry of a person’s name in the register must be made, in manner determined by the Secretary of State, accompanied by particulars so determined, to the officer of the Secretary of State (in this Part of this Act referred to as “the Registrar”) by whom the register is, on behalf of the Secretary of State, compiled and maintained.
(2A) If an applicant is aware that he is suffering from a relevant or prospective disability, his application under subsection (2) must be accompanied by written notification of the nature and extent of his disability.
(2B) Any person who fails without reasonable excuse to comply with the requirement imposed by subsection (2A) is guilty of an offence.
(2C) The Registrar may, in the circumstances mentioned in subsection (2D), require an applicant to submit himself for an emergency control assessment (whether or not the applicant already holds an emergency control certificate) in connection with his application under subsection (2).
(2D) Those circumstances are that the Registrar has reasonable grounds for believing that the person would be unable to take control of a motor car of a prescribed class if an emergency arose while he was giving driving instruction in such a motor car.
(3) Where a person duly applies for the entry of his name in the register, the Registrar must, on payment of such fee, if any, as may be prescribed by regulations, enter his name in the register if he satisfies the Registrar that the following conditions are fulfilled in his case—
(a) he has passed such examination of ability to give instruction in the driving of motor cars (consisting of a written examination, a practical test of ability and fitness to drive and a practical test of ability and fitness to instruct) as may be so prescribed,
(b) he is the holder of–
(i) a current licence to drive a motor car (not being a provisional licence) granted under Part III of this Act,
(ii) a current licence to drive a motor car (not being a licence corresponding to a provisional licence) granted under the law in force in Northern Ireland, or
(iii) a Community licence by which he is authorised to drive a motor car in Great Britain ...,
(c) during the period of six years ending with the day on which the application is made, the periods (if any) for which he did not hold one or more of the following licences, that is—
(i) a current licence of one of the kinds mentioned in paragraph (b) above, and
(ii) a current foreign licence, that is to say a document issued under the law of a country or territory other than an EEA State (within the meaning of Part III of this Act ), authorising the holder to drive a motor car in that country or territory.
did not amount in aggregate to more than two years,
(d) he has not, during any part of the period of four years ending with the day on which the application is made, been disqualified under section 34 or 36 of the Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle granted under Part III of this Act, and
(da) in the case of an applicant who has been required under subsection (2C) to submit himself for an emergency control assessment, he holds a current emergency control certificate, and
(e) apart from fulfilment of the preceding conditions, he is a fit and proper person to have his name entered in the register.
(3A) Where the Registrar is satisfied that a person who has applied under subsection (3) is entitled to give paid instruction in the driving of motor cars by virtue of Part 3 of the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059)—
(a) the Registrar may not impose a requirement on the applicant under subsection (2C) if the Registrar is satisfied that the applicant holds a current certificate or other document that, under the law of the State that is the applicant’s home State for the purposes of those regulations, is of corresponding effect to an emergency control certificate, and
(b) subsection (3)(a) does not apply in relation to the applicant.
(3B) Where the Registrar is satisfied that a person who has applied under subsection (3) is entitled to give paid instruction in the driving of motor cars by virtue of Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023—
(a) the Registrar may not impose a requirement on the applicant under subsection (2C) if the Registrar is satisfied that the applicant holds a current certificate or other document that, under the law of one of the specified states set out in Schedule 1 to those Regulations, is of corresponding effect to an emergency control certificate, and
(b) subsection (3)(a) does not apply in relation to the applicant.
(4) At any time when a person who held a current licence of one of the following kinds, that is—
(a) a licence to drive a motor car granted under Part III of this Act, being a provisional licence, and
(b) a licence to drive a motor car (being a licence corresponding to a provisional licence) granted under the law in force in Northern Ireland,
had passed the test of competence to drive a motor car prescribed by virtue of section 89(3) of this Act or the corresponding law in force in Northern Ireland, he shall be regarded for the purposes of paragraph (c) of subsection (3) above as having held a current licence of one of the kinds mentioned in paragraph (b) of that subsection.
(5) The entry of a person’s name in the register shall be subject to the following conditions—
(a) that, so long as his name is on the register, the person will, if at any time required to do so by the Registrar, submit himself for—
(i) such test of continued ability and fitness to give instruction in the driving of motor cars (which may consist of practical and other means of assessment) as may be prescribed;
(ii) an emergency control assessment (whether or not the person already holds an emergency control certificate) on the day (within such period as may be prescribed) and at the place specified by the Registrar; and
(b) that, so long as his name is on the register, if instruction in the driving of a motor car is to be given in circumstances where there is a reasonable expectation of an emergency arising which necessitates the instructor taking control of the motor car, the person will only give such instruction if he would be able to take control of the motor car if such an emergency arose while he was giving the instruction.
(5A) The Registrar may impose a requirement as mentioned in subsection (5)(a)(ii) only in the circumstances mentioned in subsection (2D).
(6) Regulations may provide that persons of such class as may be specified in the regulations shall be exempt from the condition mentioned in subsection (3)(a) above as regards such part of the examination mentioned in that paragraph as may be so specified.
(7) If the Secretary of State is satisfied that satisfactory provision is made by the law of Northern Ireland for the establishment of a register containing the names of persons qualified under that law to give instruction in the driving of motor cars, a person who satisfies the Registrar—
(a) that his name is in the register established under that law, and
(b) that he is resident in Great Britain,
shall be exempt from the condition mentioned in subsection (3)(a) above.
(7A) A person shall be exempt from the condition mentioned in subsection (3)(da) if—
(a) the Secretary of State is satisfied that satisfactory provision is made by the law of Northern Ireland for purposes corresponding to section 133A, and
(b) the person satisfies the Registrar that he holds a current certificate granted under that law which corresponds to an emergency control certificate granted under section 133A.
(8) The Registrar must, on making a decision on an application under subsection (2) above, give notice in writing of the decision to the applicant which, in the case of a decision to refuse the application, must state the grounds for the refusal.
(8A) Subsection (8B) applies if—
(a) a person undergoes an emergency control assessment in accordance with a requirement imposed under subsection (2C) or as mentioned in subsection (5)(a)(ii),
(b) the assessor refuses to grant the applicant an emergency control certificate, and
(c) as a result the person is not registered, or the person's name is removed from the register (as the case may be).
(8B) The person may not make a further application for registration before the end of—
(a) the period of 6 months beginning with the date of the emergency control assessment mentioned in subsection (8A)(a), or
(b) such other period as may be prescribed,
unless the Registrar is satisfied that there is good reason for permitting such an application before the end of that period.
(9) Subsections (2) to (8) above do not apply in relation to an application by a person to have his name entered in the register as that of a disabled instructor and to his entry in the register as such.
(10) In this Part of this Act—
“Community licence” has the same meaning as in Part 3 of this Act;
“disability” means a want of physical ability affecting the driving of motor cars; and
“relevant disability”, in relation to a person, means any prescribed disability or any other disability likely to cause the driving of a motor car by him to be a source of danger to the public;
“prospective disability”, in relation to a person, means any other disability which, at the material time, is not of such a kind that it is a relevant disability but, by virtue of the intermittent or progressive nature of the disability or otherwise, may become a relevant disability in the course of time;
“emergency control assessment” and “emergency control certificate” mean an assessment and a certificate under section 133A.”
(1) A person who—
(a) suffers from a relevant disability or a prospective disability,
(b) holds a current disabled person’s limited driving licence, and
(c) holds a current emergency control certificate,
may apply to the Registrar for his name to be entered in the register as that of a disabled instructor.
(2) An application under subsection (1) above shall be made in such manner, and shall be accompanied by such particulars, as the Secretary of State may determine.
(3) If, at the time when he makes an application under subsection (1) above, a person is aware—
(a) that he is suffering from a relevant or prospective disability which he has not previously disclosed to the Secretary of State in making an application for his current emergency control certificate, 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 granting of his current emergency control certificate,
his application under subsection (1) above must be accompanied by written notification of the nature and extent of his disability.
(4) Any person who fails without reasonable excuse to comply with the requirement imposed by subsection (3) above is guilty of an offence.
(5) Where a person duly applies for the entry of his name in the register as that of a disabled instructor and satisfies the Registrar that the conditions in subsection (6) below are fulfilled in his case, the Registrar must, subject to section 125B(4) of this Act, on payment of such fee, if any, as may be prescribed by regulations, enter the applicant’s name in the register with an indication that he is a disabled person.
(6) The conditions referred to in subsection (5) above are that—
(a) the applicant has passed such examination of ability to give instruction in the driving of motor cars (consisting of a written examination, a practical test of ability and fitness to drive and a practical test of ability and fitness to instruct) as may be prescribed by regulations,
(b) the conditions set out in paragraphs (c) and (d) of section 125(3) of this Act are fulfilled, and
(c) apart from the fulfilment of the preceding conditions, he is a fit and proper person to have his name entered in the register as that of a disabled instructor;
and for the purposes of paragraph (b) above, references in paragraphs (c) and (d) of subsection (3) of section 125 of this Act to the making of an application under subsection (2) of that section shall be read as references to the making of an application under subsection (1) above.
(7) Regulations may provide that persons of such class as may be specified in the regulations shall be exempt from the condition mentioned in paragraph (a) of subsection (6) above as regards such part of the examination mentioned in that paragraph as may be so specified.
(8) In this Part of this Act—
“appropriate motor car” means, subject to section 125B(2) of this Act, a motor car equipped with automatic transmission;
“disability” means a want of physical ability affecting the driving of motor cars; and
“relevant disability”, in relation to a person, means any disability which is prescribed in regulations or any other disability likely to cause the driving of a motor car by him to be a source of danger to the public; and
“prospective disability”, in relation to a person, means any other disability which, at the material time, is not of such a kind that it is a relevant disability but, by virtue of the intermittent or progressive nature of the disability or otherwise, may become a relevant disability in course of time;
“disabled person’s limited driving licence” means a licence of one of the following kinds, that is to say—
a licence to drive a motor car granted under Part III of this Act (not being a provisional licence) which is limited, by virtue of a notice served under section 92(5)(b) of this Act, to an appropriate motor car; ...
a licence to drive a motor car granted under the law in force in Northern Ireland (not being a licence corresponding to a provisional licence) which is similarly limited by virtue of any corresponding provision of that law; and
a Community licence authorising the driving of a motor car which is similarly limited by virtue of any corresponding provision of the law under which it was issued ...;
“emergency control assessment” and “emergency control certificate” mean an assessment and a certificate under section 133A of this Act;
“modifications”, in relation to a motor car, includes equipment; and
“registered disabled instructor” means a person whose name is in the register with an indication that he is disabled;
and any reference, in relation to a person, to the class of motor car covered by his disabled person’s limited driving licence is a reference to the class of motor car specified in the notice served on him under section 92(5)(b) of this Act but disregarding any modifications specified in the notice.
(1) A person who fulfils the conditions mentioned in section 125A(1)(a) and (b) of this Act may, for the purpose of obtaining an emergency control certificate, apply to undergo an emergency control assessment.
(2) Regulations may specify modifications of a motor car as modifications which are to be required for a motor car to be an appropriate motor car for the purposes of this Part of this Act or as modifications which are not to be required for a motor car to be an appropriate motor car for those purposes.
(3) If the Secretary of State is satisfied—
(a) that the provision of the law of Northern Ireland required by section 125(7) for the operation of that subsection is made by that law, and
(b) that that law includes satisfactory provision for purposes corresponding to the purposes of section 125A of this Act,
a person who satisfies the Registrar of the matters mentioned in that subsection and that his name is in the register maintained under that law as that of a disabled instructor shall also be exempt from the conditions mentioned in subsection (1)(c) and (6)(a) of section 125A of this Act.
(4) The Registrar may refuse to enter the name of a person in the register under section 125A of this Act as that of a disabled instructor if he is satisfied that that person has at any time refused to comply with a requirement imposed under section 133B(2) of this Act to submit himself for a further emergency control assessment.
(5) The Registrar must, on making a decision on an application under section 125A of this Act, give notice in writing of his decision to the applicant which, in the case of a decision to refuse the application, must state the grounds for the refusal.
(6) The entry of a person’s name in the register as that of a disabled instructor shall be subject to the condition that, so long as he is a registered disabled instructor, he will, if at any time required to do so by the Registrar—
(a) submit himself for a further emergency control assessment on the day (within such period as may be prescribed by regulations) and at the place specified by the Registrar; or
(b) submit himself for such test of continued ability and fitness to give instruction in the driving of appropriate motor cars (which may consist of practical and other means of assessment) as may be prescribed by regulations.
(7) In considering whether to exercise, in respect of any person, his power under subsection (6)(a) above, the Registrar shall have regard to any recommendation included in that person’s current emergency control certificate as to the period after the end of which he should undergo a further emergency control assessment.
(1) Unless previously removed under the following provisions of this Part of this Act, the name of a person shall, subject to subsection (2) below, be removed from the register at the end of the period of four years beginning with—
(a) the first day of the month next after that in which the entry of his name was made, or
(b) where his name has been retained in the register under section 127 of this Act, the day with which the last further period for which his name was so retained began.
(2) If an application for the retention of his name in the register is made under section 127 of this Act before the end of that period, the name must not be removed except in pursuance of a decision of the Registrar having effect under that section.
(3) Where a person whose name has been removed from the register under subsection (1) above applies under section 125(2) of this Act for his name to be entered again in the register, he shall be required again to pass the examination mentioned in section 125(3)(a) of this Act unless the application is made before the end of the period of one year beginning with the end of the period of four years mentioned in subsection (1) above.
(4) Where a registered disabled instructor whose name has been removed from the register under subsection (1) above applies under section 125A(1) of this Act for his name to be entered again in the register as that of a disabled instructor, he shall be required again to pass the examination mentioned in section 125A(6)(a) of this Act unless the application is made before the end of the period of one year beginning with the end of the period of four years mentioned in subsection (1) above.
(1) A person may, before the time when his name is required under section 126(1) of this Act to be removed from the register, apply to the Registrar, in manner determined by the Secretary of State, accompanied by particulars so determined, for the retention of his name in the register for a further period of four years.
(2) On an application under subsection (1) above, he shall be entitled, on payment of such fee, if any, as may be prescribed by regulations, to have his name retained in the register for that further period, if he satisfies the Registrar that the relevant conditions are fulfilled in his case.
(3) Except in the case of a registered disabled instructor, the relevant conditions are—
(a) that he has not refused to undergo any such test or assessment as is mentioned in section 125(5)(a)(i) or (ii) of this Act which he has been required to undergo during the period of four years ending with the time when his name is required under section 126(1) of this Act to be removed from the register,
(b) that his ability and fitness to give instruction in the driving of motor cars continue, having regard to any such test or tests which he has undergone during that period, to be of a satisfactory standard,
(c) that he is the holder of a current licence of one of the kinds mentioned in section 125(3)(b) of this Act,
(d) that he has not during any part of that period been disqualified under section 34 or 36 of the Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle granted under Part III of this Act, and
(da) that, in the case of a person who—
(i) when he applied to be registered, was required under section 125(2C) to submit himself for an emergency control assessment, or
(ii) at any time during the period mentioned in paragraph (a) was required as mentioned in section 125(5)(a)(ii) to submit himself for such an assessment,
he holds a current emergency control certificate, and
(e) that, apart from fulfilment of the preceding conditions, he continues to be a fit and proper person to have his name entered in the register.
(3A) In the case of a registered disabled instructor, the relevant conditions are—
(a) that he holds a current emergency control certificate,
(b) that he has not refused to undergo—
(i) any such assessment as is mentioned in section 125B(6)(a) of this Act, or
(ii) any such test as is mentioned in section 125B(6)(b) of this Act,
which he has been required to undergo during the period of four years ending with the time when his name is required under section 126(1) of this Act to be removed from the register,
(c) that his ability and fitness to give instruction in the driving of motor cars continue, having regard to any such test or tests of the kind mentioned in section 125B(6)(b) of this Act which he has undergone during that period, to be of a satisfactory standard,
(d) that he is the holder of a current disabled person’s limited driving licence,
(e) that he has not during any part of that period been disqualified under section 34 or 36 of the Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle granted under Part III of this Act, and
(f) that, apart from fulfilment of the preceding conditions, he continues to be a fit and proper person to have his name entered in the register as that of a disabled instructor.
(4) The retention of a person’s name under this section shall be subject—
(a) in the case of its retention by virtue of subsection (3) above, to the conditions mentioned in section 125(5) of this Act, and
(b) in the case of its retention by virtue of subsection (3A) above, to the condition mentioned in section 125B(6) of this Act.
(5) Before refusing an application under subsection (1) above the Registrar must give to the applicant written notice stating that he is considering the refusal of the application and giving particulars of the grounds on which he is considering it.
(6) Where the Registrar gives notice under subsection (5) above—
(a) the applicant may, within the period of twenty-eight days beginning with the day on which the notice is given, make representations with respect to the proposed refusal,
(b) the Registrar must not decide to refuse the application until after the expiration of that period, and
(c) before deciding whether or not to refuse the application, the Registrar must take into consideration any such representations made by the applicant within that period.
(7) On deciding to grant or refuse an application the Registrar must give notice in writing of the decision to the person concerned.
(7A) A decision to refuse an application shall take effect at the end of the period of fourteen days beginning with the day on which notice of the decision is given (or, if any appeal brought against the decision under the following provisions of this Part of this Act is previously withdrawn or dismissed, when the appeal is withdrawn or dismissed).
(8) But the Registrar may, when giving notice of his decision to refuse the application, direct that the decision shall instead take effect—
(a) where no appeal under the following provisions of this Part of this Act is brought against the decision within the time limited for the appeal, on the expiration of that time,
(b) where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal,
(c) where such an appeal is brought and not withdrawn or struck out for want of prosecution, if and when the appeal is dismissed, and not otherwise.
(9) Sections 128(7A) to (7G) and 131A apply in relation to suspending a person's registration in connection with an application under subsection (1) above as if the references in sections 128(7A) to (7G) and 131A to—
(a) a notice under section 128(4) were references to a notice under subsection (5) above, and
(b) the removal of the person's name from the register were (or, in the case of section 128(7E)(d), included) references to the refusal of the person's application for the retention of the person's name in the register.
(1) The Registrar may remove the name of a person from the register if he is satisfied that—
(a) in a case where his name has not been retained in the register under section 127 of this Act, at any time since the entry of his name was made, and
(b) in a case where his name has been so retained under that section, at any time since it was last retained,
any of the relevant conditions was fulfilled in his case.
(2) Except in the case of a registered disabled instructor, the relevant conditions are—
(a) that he held noneof the kinds of current licence mentioned in section 125 (3)(b) of this Act,
(b) that he was disqualified under section 34 or 36 of the Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle under Part III of this Act,
(c) that he refused to undergo a test or assessment such as is mentioned in section 125(5)(a)(i) or (ii) of this Act,
(d) that he failed to pass such a test,
(da) that an assessor refused to grant him an emergency control certificate on completing an emergency control assessment of him following a requirement imposed as mentioned in section 125(5)(a)(ii),
(db) that he gave instruction in the driving of a motor car in breach of the condition in section 125(5)(b) (ability to take control of motor car in an emergency),
(e) that he ceased, apart from fulfilment of any of the preceding conditions, to be a fit and proper person to have his name included in the register.
(2A) In the case of a registered disabled instructor, the relevant conditions are—
(a) that he did not hold a current emergency control certificate,
(b) that he did not hold a current disabled person’s limited driving licence,
(c) that he was disqualified under section 34 or 36 of the Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle under Part III of this Act,
(d) that he refused to undergo any such assessment as is mentioned in section 125B(6)(a) of this Act,
(e) that he refused to undergo, or failed to pass, any such test as is mentioned in section 125B(6)(b) of this Act,
(f) that he ceased, apart from fulfilment of the preceding conditions, to be a fit and proper person to have his name included in the register as that of a disabled instructor.
(3) The Registrar may remove the name of a person from the register if the entry of his name in the register, or the retention of his name in the register, was made by mistake or procured by fraud.
(4) Before removing the name of a person from the register under this section, the Registrar must give him written notice stating that he is considering the removal and giving particulars of the grounds on which he is considering it.
(5) Where the Registrar gives notice to a person under subsection (4) above—
(a) that person may, within the period of twenty-eight days beginning with the day on which the notice is given, make representations with respect to the proposed removal,
(b) the Registrar must not decide to remove his name from the register until after the expiration of that period, and
(c) before deciding whether or not to remove his name from the register, the Registrar must take into consideration any such representations made by him within that period.
(6) The Registrar must, on making a decision to remove a name from the register, give notice in writing of the decision to the person concerned.
(6A) A decision to remove a name from the register shall take effect at the end of the period of fourteen days beginning with the day on which notice of the decision is given (or, if any appeal brought against the decision under the following provisions of this Part of this Act is previously withdrawn or dismissed, when the appeal is withdrawn or dismissed).
(7) But the Registrar may, when giving notice of his decision to remove the name from the register, direct that the decision shall instead take effect—
(a) where no appeal under the following provisions of this Part of this Act is brought against the decision within the time limited for the appeal, on the expiration of that time,
(b) where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal,
(c) where such an appeal is brought and not withdrawn or struck out for want of prosecution, if and when the appeal is dismissed, and not otherwise.
(7A) The Registrar may suspend a person's registration if the Registrar—
(a) has given, or is about to give, the person notice under subsection (4),
(b) is considering whether to remove the person's name from the register, or has decided to remove the name but the decision is not yet in effect, and
(c) believes that the person would pose a significant threat to the safety of members of the public if the person's registration were not suspended.
(7B) The Registrar must, on deciding to suspend a person's registration, give written notice of the decision to the person.
(7C) The decision to suspend takes effect on the giving of the notice.
(7D) No notice may be given under subsection (7B) before the notice under subsection (4) is given but the subsection (7B) notice may be included in the subsection (4) notice if the subsection (4) notice is still to be given when the decision to suspend is made.
(7E) A suspension under subsection (7A) is terminated if—
(a) the Registrar decides not to remove the person's name from the register,
(b) the Registrar decides to remove the person's name from the register but the decision has not taken effect and an appeal against the decision is successfully concluded,
(c) the Registrar has not decided whether to remove the person's name from the register and the period of 75 days beginning with the giving of the subsection (4) notice has ended,
(d) the person's name is removed from the register (whether under this section or otherwise), or
(e) the Registrar decides to terminate the suspension.
(7F) The Registrar must give written notice to a person of the fact that the person's suspension is terminated as mentioned in subsection (7E)(a) to (c) or (e).
(7G) For the purposes of this Part of this Act the fact that a person's registration is suspended does not prevent the person's name from being in the register.
(8) Where a person whose name has been removed from the register under this section applies under subsection (2) of section 125 of this Act for his name to be entered again in the register and either—
(a) the application is made after the end of the period of one year beginning with the date on which his name was removed; or
(b) his name was removed on the grounds that he has failed to pass such a test as is mentioned in subsection (5)(a)(i) of that section,
the Registrar shall not regard the condition specified in paragraph (a) of subsection (3) of that section as fulfilled unless he is satisfied that that person has again passed the examination mentioned in that paragraph since the date on which his name was removed from the register.
(9) Where a person whose name was entered in the register as that of a disabled instructor and whose name has been removed from the register under this section applies under subsection (1) of section 125A of this Act for his name to be entered again in the register as that of a disabled instructor and either—
(a) the application is made after the end of the period of one year beginning with the date on which his name was removed, or
(b) his name was removed on the ground that he has failed to pass such a test as is mentioned in section 125B(6)(b) of this Act,
the Registrar shall not regard the condition mentioned in section 125A(6)(a) of this Act as fulfilled unless he is satisfied that that person has again passed the examination mentioned in the said section 125A(6)(a) since the date on which his name was removed from the register.
129 Licences for giving instruction so as to obtain practical experience.
(1) A licence under this section is granted for the purpose of enabling a person to acquire practical experience in giving instruction in driving motor cars with a view to undergoing such part of the examination referred to in section 125(3)(a) as consists of a practical test of ability and fitness to instruct.
(1A) An application for a licence to give paid instruction in the driving of a motor car must be made to the Registrar, in the manner determined by the Secretary of State, accompanied by particulars so determined.
(1B) The Registrar may, in the circumstances mentioned in subsection (1C), require the applicant to submit himself for an emergency control assessment in connection with the application.
(1C) Those circumstances are that the Registrar has reasonable grounds for believing that the person in question would be unable to take control of a motor car of a prescribed class if an emergency arose while he was giving driving instruction in such a motor car.
(2) Where a person duly applies for a licence, the Registrar must, on payment of such fee, if any, as may be prescribed, grant to the applicant a licence to give paid instruction in the driving of a motor car if the Registrar is satisfied—
(a) that the applicant has passed the other parts of the examination referred to in subsection (1),
(b) that the conditions set out in section 125(3)(b), (c), (d) and (e) are fulfilled in the applicant's case, and
(c) in the case of an applicant who has been required under subsection (1B) to submit himself for an emergency control assessment, he holds a current emergency control certificate.
(3) The Registrar may refuse to grant a licence under this section to an applicant to whom such a licence has previously been issued.
(4) The Registrar must, on making a decision on an application under subsection (2) above, give notice in writing of the decision to the applicant which, in the case of a decision to refuse the application, must state the grounds of the refusal.
(5) A licence under this section shall be in such form, shall be in force for such period, and , subject to subsection (5A) below, shall be granted subject to such conditions, as may be prescribed by regulations.
(5ZA) Those conditions may (in particular) include—
(a) a condition requiring the person to whom the licence was granted, if required to do so by the Registrar at any time when the circumstances mentioned in subsection (1C) apply, to submit himself for an emergency control assessment (whether or not the person already holds an emergency control certificate) on such day (within such period as may be prescribed) and at such place as may be specified by the Registrar;
(b) a condition requiring that, if instruction in the driving of a motor car is to be given in circumstances where there is a reasonable expectation of an emergency arising which necessitates the instructor taking control of the car, the person will only give such instruction if he would be able to take control of the car if such an emergency arose while giving the instruction.
(5A) A licence granted by virtue of paragraph (b) of subsection (2) above shall be granted subject to the condition that the person to whom it is granted shall not give paid instruction in the driving of a motor car—
(a) unless he holds a current emergency control certificate, and
(b) the car is an authorised motor car.
(5B) In subsection (5A) above “authorised motor car”, in relation to any person, means a motor car which falls within the class of motor car specified in his current emergency control certificate and, where modifications are specified in that certificate, is modified in accordance with the specification.
(6) Notwithstanding any provision of regulations made by virtue of subsection (5) above prescribing the period for which a licence is to be in force, where a person applies for a new licence in substitution for a licence held by him and current at the date of the application, the previous licence shall not expire—
(a) until the commencement of the new licence, or
(b) if the Registrar decides to refuse the application, until the time limited for an appeal under the following provisions of this Part of this Act against the decision has expired and, if such an appeal is duly brought, it is finally disposed of.
(7) Before deciding to refuse an application for a new licence in substitution for a licence current at the date of the application, the Registrar must give to the applicant written notice stating that he is considering the refusal and giving particulars of the grounds on which he is considering it.
(8) Where the Registrar gives notice under subsection (7) above—
(a) the applicant may, within the period of fourteen days beginning with the day on which the notice is given, make representations with respect to the proposed refusal, and
(b) the Registrar must not decide to refuse the application until after the expiration of that period, and
(c) before deciding whether or not to refuse the application, the Registrar must take into consideration any such representations made within that period.
(9) Sections 130(7) to (13) and 131A apply in relation to suspending a person's licence in connection with an application for a new licence in substitution for a licence current at the date of the application as if—
(a) the references in sections 130(7) to (13) and 131A to—
(i) a notice under section 130(3) were references to a notice under subsection (7) above,
(ii) the revocation of the licence were (except in section 130(11)(d)) references to the refusal of the person's application for a new licence, and
(iii) the decision not being in effect were references to the decision not being in effect because the licence has not expired, and
(b) section 131A(3), and the words “(whether or not the Registrar's decision has taken effect)” in section 131A(2)(b), were omitted.
(1) The registrar may revoke a licence granted under section 129 of this Act—
(a) if the person to whom the licence was granted fails to comply with any of the conditions subject to which it was granted, or
(b) if the Registrar is satisfied that, at any time since the licence was granted, any of the relevant conditions was fulfilled in his case, or
(c) if the licence was granted by mistake or procured by fraud.
(2) Except in the case of a licence granted by virtue of subsection (2)(b) of section 129 of this Act, the relevant conditions are—
(a) that he held none of the kinds of current licence mentioned in section 125 (3)(b) of this Act, ...
(b) that he was disqualified under section 34 or 36 of the Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle under Part III of this Act, or
(ba) that an assessor refused to grant him an emergency control certificate on completing an emergency control assessment of him following a requirement imposed as mentioned in section 129(5ZA)(a), or
(c) that he ceased, apart from fulfilment of either of the preceding conditions, to be a fit and proper person to have his name in the register.
(2A) In the case of a licence granted by virtue of subsection (2)(b) of section 129 of this Act, the relevant conditions are—
(a) that he did not hold a current emergency control certificate, or
(b) that he did not hold a current disabled person’s limited driving licence, or
(c) that he was disqualified under section 34 or 36 of the Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle under Part III of this Act, or
(d) that he ceased, apart from fulfilment of any of the preceding conditions, to be a fit and proper person to have his name in the register as that of a disabled instructor.
(3) Before revoking a licence granted to a person under this section the Registrar must give him written notice stating that he is considering the revocation and giving particulars of the grounds on which he is considering it.
(4) Where the Registrar gives notice to a person under subsection (3) above—
(a) that person may, within the period of fourteen days beginning with the day on which the notice is given, make representations with respect to the proposed revocation, and
(b) the Registrar must not decide to revoke the licence until after the expiration of that period, and
(c) before deciding whether or not to revoke the licence, the Registrar must take into consideration any such representations made within that period.
(5) The Registrar must, on making a decision to revoke a licence granted under this section, give notice in writing of the decision to the person concerned.
(5A) A decision to revoke a licence shall take effect at the end of the period of fourteen days beginning with the day on which notice of the decision is given (or, if any appeal brought against the decision under the following provisions of this Part of this Act is previously withdrawn or dismissed, when the appeal is withdrawn or dismissed).
(6) But the Registrar may, when giving notice of his decision to revoke a licence, direct that (if an appeal under the following provisions of this Part of this Act is brought against the decision) it shall instead take effect—
(a) if the appeal is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal, or
(b) if and when the appeal is dismissed, and not otherwise.
(7) The Registrar may suspend a person's licence if the Registrar—
(a) has given, or is about to give, the person notice under subsection (3),
(b) is considering whether to revoke the licence, or has decided to revoke the licence but the decision is not yet in effect, and
(c) believes that the person would pose a significant threat to the safety of members of the public if the licence were not suspended.
(8) The Registrar must, on deciding to suspend a person's licence, give written notice of the decision to the person.
(9) The decision to suspend takes effect on the giving of the notice.
(10) No notice may be given under subsection (8) before the notice under subsection (3) is given but the subsection (8) notice may be included in the subsection (3) notice if the subsection (3) notice is still to be given when the decision to suspend is made.
(11) A suspension under subsection (7) is terminated if—
(a) the Registrar decides not to revoke the person's licence,
(b) the Registrar decides to revoke the person's licence but the decision has not taken effect and an appeal against the decision is successfully concluded,
(c) the Registrar has not decided whether to revoke the person's licence and the period of 75 days beginning with the giving of the subsection (3) notice has ended,
(d) the person's licence expires or is revoked, or
(e) the Registrar decides to terminate the suspension.
(12) The Registrar must give written notice to a person of the fact that the person's suspension is terminated as mentioned in subsection (11)(a) to (c) or (e).
(13) For the purposes of this Part of this Act the fact that a person's licence is suspended does not prevent the person from being a licence-holder.
(A1) A relevant person who is aggrieved by the failure of the Registrar to notify the person of a decision in relation to an application for entry of the person’s name in the register before the end of the period of four months beginning with the day after the day on which the complete application was submitted, may appeal to the First-tier Tribunal.
(B1) On an appeal under subsection (A1), the First-tier Tribunal may make such order requiring the Registrar to notify the relevant person of a decision in relation to the application as it thinks fit.
(C1) In subsections (A1) and (B1), “relevant person” means a person entitled to give paid instruction in the driving of a motor car by virtue of Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023.
(1) A person who is aggrieved by a decision of the Registrar—
(a) to refuse an application for the entry of his name in the register, or
(b) to refuse an application for the retention of his name in the register, or
(c) to remove his name from the register,
may appeal to the First-tier Tribunal.
(2) A person who is aggrieved by a decision of the Registrar—
(a) to refuse an application for the grant of a licence under this Part of this Act, or
(b) to revoke such a licence,
may appeal to the First-tier Tribunal.
(3) On an appeal under subsection (1) or (2) the First-tier Tribunal may make such order—
(a) for the grant or refusal of the application
or,
(b) for the removal or the retention of the name in the register, or the revocation or continuation of the licence,
(as the case may be) as it thinks fit.
(4) An order for such refusal, removal or revocation may direct that an application by the appellant—
(a) for the grant of a licence under this Part of this Act, or
(b) for his name to be entered in the register,
shall not be entertained before the expiration of such period, not exceeding four years beginning with the day on which the order is made, as may be specified in the order.
(4A) If the First-tier Tribunal considers that any evidence adduced on an appeal had not been adduced to the Registrar before he gave the decision to which the appeal relates, it may (instead of making an order under subsection (3) above) remit the matter to the Registrar for him to reconsider the decision.
(4B) A person who is aggrieved by a decision of the Registrar not to give a direction under section 127(8), 128(7) or 130(6) of this Act may appeal to the First-tier Tribunal.
(4C) The First-tier Tribunal shall determine the appeal by either—
(a) giving the direction concerned, or
(b) dismissing the appeal.
. . .
(4D) Where the Registrar has decided to refuse an application for the retention of a name in the register, to remove a name from the register or to revoke a licence granted under section 129 of this Act but either—
(a) he gave a direction under section 127(8), 128(7) or 130(6) of this Act, or
(b) the First-tier Tribunal have given such a direction on appeal,
he may . . . apply to the First-tier Tribunal for an order that the decision is to take effect immediately.
(4E) The First-tier Tribunal shall determine the Registrar’s application by either granting or refusing the application.. . .
(4F) The First-tier Tribunal may only grant the application if it considers that a failure to do so might prejudicially affect—
(a) the well-being of any person to whom the person concerned may give instruction in the driving of a motor car, or
(b) the safety of road users.
(4G) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Secretary of State must by regulations make a scheme for the making of payments by the Secretary of State to persons in respect of one or more of the following—
(a) income losses incurred by them as a result of their registrations or licences being suspended by virtue of section 128(7A) to (7G) or (as the case may be) 130(7) to (13),
(b) non-income losses so incurred, and
(c) any other matters which relate to either such suspension and are provided for in the scheme.
(2) No payments may be made under a scheme in respect of the suspension of a person's registration or licence unless—
(a) the suspension is terminated because the Registrar decides not to remove the person's name from the register or (as the case may be) not to revoke the licence,
(b) an appeal is successfully concluded against the decision of the Registrar to remove the person's name from the register or (as the case may be) to revoke the licence (whether or not the Registrar's decision has taken effect), or
(c) any other circumstances provided for in the scheme apply.
(3) Where the decision of the Registrar to remove the person's name from the register or to revoke the licence has taken effect before an appeal against it is successfully concluded, any payments under a scheme may relate only to the suspension.
(4) A scheme may, in particular, specify—
(a) the description or descriptions of income losses, or
(b) the description or descriptions of non-income losses,
in respect of which payments are to be made but need not provide for the making of payments in respect of all income losses or all non-income losses or for the making of payments which correspond to the full amount of any income losses or non-income losses.
(5) A scheme may also, in particular—
(a) specify the basis or bases of valuation for determining losses or the person who is to decide their valuation,
(b) specify the amounts of payments to be made or the basis or bases on which such amounts are to be calculated,
(c) provide for the procedure to be followed (including when claims may be made and the provision of information) in respect of claims under the scheme and for the determination of such claims.
(6) A person who is aggrieved by a decision of the Secretary of State as to the person's entitlement to payments under a scheme or the amounts of any such payments may appeal to the First-tier Tribunal.
(7) On an appeal, the First-tier Tribunal may make such order as it considers appropriate.
(8) If the Tribunal considers that any evidence adduced on an appeal had not been adduced to the Secretary of State before the making of the decision to which the appeal relates, the Tribunal may (instead of making an order under subsection (7)) remit the matter to the Secretary of State for the Secretary of State to reconsider the decision.
(9) In this section—
“income losses” means losses of income, and
“non-income losses” means losses other than income losses.
132 Examinations and tests of ability to give driving instruction.
(1) Regulations may make provision with respect to—
(a) the nature of examinations of the ability of persons to give instruction in the driving of motor cars and tests of continued ability and fitness to give instruction in the driving of motor cars (or appropriate motor cars), and
(b) evidence of the results of such tests and examinations,
and generally with respect to such tests and examinations.
(2) In particular, but without prejudice to the generality of subsection (1) above, the regulations may make provision—
(a) for requiring a person submitting himself for any part of such an examination which consists of a practical test, or to any part of such a test of continued ability and fitness which consists of practical assessment, to provide a vehicle for the purposes of the practical test or assessment, being a vehicle in respect of which such conditions as may be specified in regulations are complied with,
(b) for requiring a person applying to submit himself for any part of such an examination , or required to submit himself for such a test, to pay to the Registrar such fee as may be specified in the regulations in relation to that part or such tests,, and
(c) for requiring a person who desires to submit himself for any part of such an examination , or is required to submit himself for such a test to supply the Registrar with such particulars as the Secretary of State may determine.
(1) On the application of a person who has undergone a relevant examination, or a part of such an examination—
(a) a magistrates' court, or
(b) in Scotland, the sheriff within whose jurisdiction he resides,
may determine whether the examination or part was properly conducted
(2) If it appears to the court or sheriff the examination or part was not properlyconducted, the court or sheriff may order that any fee payable by the applicant in respect of the examination or partshall not be paid or, if it has been paid, shall be repaid.
(3) No appeal shall lie under section 131 of this Act in respect of any matter in respect of which an application may be made to a magistrates’ court or a sheriff under subsection (1) above.
(4) In this section “a relevant examination” means—
(a) an examination of ability to give instruction in the driving of motor cars,
(b) a test of continued ability and fitness to give instruction in the driving of motor cars (or appropriate motor cars), or
(c) an emergency control assessment.