Road Traffic Act 1988

MiscellaneousE+W+S

104 Conduct of proceedings in certain courts by or against the Secretary of State.E+W+S

(1)Any proceedings by or against the Secretary of State in a magistrates’ court or [F1the] county court under this Part of this Act or Part II of the Road Traffic Offenders Act 1988 may [F2, 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 M1Road Traffic Offenders Act 1988 may be conducted on behalf of the Secretary of State by any person authorised by him for the purposes of this subsection.

105 Regulations.E+W+S

(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—

F3[(a)licences under this Part of this Act, [F4Northern Ireland licences,] [F5and Community licences],

(b)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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

(d)facilitating identification of holders of licences,

(e)providing for the issue of F7[F8. . . licences F9... in the place of licences F9... ] lost or defaced on payment of such fee [F10, and compliance with such requirements,] as may be prescribed,

F11(ea). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12(ee)the correspondence F13. . . 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 F14. . . on licences then in force or issued or on the right to or the subsequent granting of licences [F15or on [F16Northern 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 [F17and (in particular) in relation to licences in different forms].

(5)In subsection (1) above “the relevant provisions of the M2Road Traffic Offenders Act 1988” means the following provisions of that Act: sections 2, 7, 8, 23 to 26, 27, 31 [F18, 34 [F19, 35] to 48[F20, 91ZA and 91A]] .

106 Destination of fees for licences, etc.E+W+S

(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.

107 Service of notices.E+W+S

[F21A 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 [F2299B, 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 M3Interpretation 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.

108 Interpretation.E+W+S

(1)In this Part of this Act—

• [F23“agricultural or forestry tractor” means a motor vehicle which—

  (a)

  has two or more axles,

  (b)

  is constructed for use as a tractor for work off the road in connection with agriculture or forestry, and

  (c)

  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,

• [F24“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 [F25an EEA State] F26... by an authority of that or [F27another EEA State] F28... authorising the holder to drive a motor vehicle, not being—

  (a)

  a document containing a statement to the effect that that or a previous document was issued in exchange for a document issued in respect of a State other than [F25an EEA State], or

  (b)

  a document in any of the forms for an international driving permit annexed to the Paris Convention on Motor Traffic of 1926, the Geneva Convention on Road Traffic of 1949 or the Vienna Convention on Road Traffic of 1968 [F29or

  (c)

  F29a document issued for a purpose corresponding to that mentioned in section 97(2) of this Act,]

• F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “disability” has the meaning given by section 92 of this Act,

• “disqualified” means disqualified for holding or obtaining a licence [F31(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,

• [F32“EEA agreement” and “EEA state” have the meaning given by Schedule 1 to the Interpretation Act 1978;]

• [F33“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”)—

  (a)

  issued in respect of Gibraltar by an authority of Gibraltar,

  (b)

  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

  (c)

  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.]

• [F34“full licence” means a licence other than a provisional licence,]

• [F35“large goods vehicle” has the meaning given by section 121(1) of this Act,]

• “licence” [F36(except where the context otherwise requires)]means a licence to drive a motor vehicle granted under this Part of this Act F37. . .

• “light quadricycle” means a quadricycle referred to in Article [F384] of the motorcycle type approval [F39Regulation] (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,

• [F40“medium-sized goods vehicle” means a motor vehicle—

  (a)

  which is constructed or adapted to carry or to haul goods,

  (b)

  which is not adapted to carry more than nine persons inclusive of the driver, and

  (c)

  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,

• [F41“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,]

• F40 “motor bicycle” means a motor vehicle which—

  (a)

  has two wheels, and

  (b)

  has a maximum design speed exceeding [F4245 kilometres per hour] [F43or], 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,]

• [F44“Northern Ireland driving licence” or “Northern Ireland licence” means a licence to drive a motor vehicle granted under the law of Northern Ireland [F45and “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—

  (a)

  in the case of a motor vehicle which neither is an articulated goods vehicle nor is drawing a trailer, the relevant maximum weight of the vehicle,

  (b)

  in the case of an articulated goods vehicle—

  (i)

  when drawing only a semi-trailer, the relevant maximum train weight of the articulated goods vehicle combination,

  (ii)

  when drawing a trailer as well as a semi-trailer, the aggregate of the relevant maximum train weight of the articulated goods vehicle combination and the relevant maximum weight of the trailer,

  (iii)

  when drawing a trailer but not a semi-trailer, the aggregate of the relevant maximum weight of the articulated goods vehicle and the relevant maximum weight of the trailer,

  (iv)

  when drawing neither a semi-trailer nor a trailer, the relevant maximum weight of the vehicle,

  (c)

  in the case of a motor vehicle (not being an articulated goods vehicle) which is drawing a trailer, the aggregate of the relevant maximum weight of the motor vehicle and the relevant maximum weight of the trailer,

• “prescribed” means prescribed by regulations,

• “prospective disability” has the meaning given by section 92 of this Act,

• “provisional licence” means a licence granted by virtue of section 97(2) of this Act,

• “regulations” means regulations made under section 105 of this Act,

• “relevant disability” has the meaning given by section 92 of this Act,

• [F46“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—

  (a)

  in the case of a vehicle to which regulations under section 49 of this Act apply which is required by regulations under section 41 of this Act to have a maximum gross weight for the vehicle marked on a plate issued by the Secretary of State under regulations under section 41, the maximum gross weight so marked on the vehicle,

  (b)

  in the case of a vehicle which is required by regulations under section 41 of this Act to have a maximum gross weight for the vehicle marked on the vehicle and does not also have a maximum gross weight marked on it as mentioned in paragraph (a) above, the maximum gross weight marked on the vehicle,

  (c)

  in the case of a vehicle on which a maximum gross weight is marked by the same means as would be required by regulations under section 41 of this Act if those regulations applied to the vehicle, the maximum gross weight so marked on the vehicle,

  (d)

  in the case of a vehicle on which a maximum gross weight is not marked as mentioned in paragraph (a), (b) or (c) above, the notional maximum gross weight of the vehicle, that is to say, such weight as is produced by multiplying the unladen weight of the vehicle by the number prescribed by the Secretary of State for the class of vehicle into which that vehicle falls,

• “relevant maximum train weight”, in relation to an articulated goods vehicle combination, means—

  (a)

  in the case of an articulated goods vehicle to which regulations under section 49 of this Act apply which is required by regulations under section 41 of this Act to have a maximum train weight for the combination marked on a plate issued by the Secretary of State under regulations under section 41, the maximum train weight so marked on the motor vehicle,

  (b)

  in the case of an articulated goods vehicle which is required by regulations under section 41 of this Act to have a maximum train weight for the combination marked on the vehicle and does not also have a maximum train weight marked on it as mentioned in paragraph (a) above, the maximum train weight marked on the motor vehicle,

  (c)

  in the case of an articulated goods vehicle on which a maximum train weight is marked by the same means as would be required by regulations under section 41 of this Act if those regulations applied to the vehicle, the maximum train weight so marked on the motor vehicle,

  (d)

  in the case of an articulated goods vehicle on which a maximum train weight is not marked as mentioned in paragraph (a), (b) or (c) above, the notional maximum gross weight of the combination, that is to say, such weight as is produced by multiplying the sum of the unladen weights of the motor vehicle and the semi-trailer by the number prescribed by the Secretary of State for the class of articulated goods vehicle combination into which that combination falls,

• “semi-trailer”, in relation to an articulated goods vehicle, means a trailer attached to it in the manner described in the definition of articulated goods vehicle,

• [F47“small vehicle” means a motor vehicle (other than an invalid carriage, moped or motor bicycle) which—

  (a)

  is not constructed or adapted to carry more than nine persons inclusive of the driver, and

  (b)

  has a maximum gross weight not exceeding 3.5 tonnes,

  and includes a combination of such a motor vehicle and a trailer,]

• F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “test of competence to drive” means such a test conducted under section 89 of this Act.

• [F49“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.]

[F50(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).]

[F51(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 [F52an EEA state or Northern Ireland] and consequently lives in turn in Great Britain and that [F53EEA state or Northern Ireland].

[F54(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 [F55an EEA state] and consequently lives in turn in the United Kingdom and that [F56EEA state].

(1D)In order to be normally resident in F57... the United Kingdom by virtue of subsection F58...(1C)(b) a person must return there regularly, except when the person is living in [F59the 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.]

[F60(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.

F60(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).

F60(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.E+W+S

(1)The holder of a [F61Northern Ireland driving licence] may drive, and a person may cause or permit the holder of such a licence to drive, in Great Britain, [F62in 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 [F63or Part IV] of this Act, notwithstanding that he is not the holder of a licence under this Part of this Act.

[F64(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)F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F66109A[F67Information about] Northern Ireland licence holdersE+W+S

[F68(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.

[F69(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.]]

[F70109BRevocation of authorisation conferred by Northern Ireland licence because of disability or prospective disabilityE+W+S

(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 F71....

(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 F72..., and

(b)on receipt of the Northern Ireland licence F73... 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 F74..., but

(b)without reasonable excuse, fails to do so,

is guilty of an offence.

F75(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.]

[F76109CInformation relating to disabilities etcE+W+S

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.]