Road Traffic Act 1988

[F1 Effects of disqualification] E+W+S

Textual Amendments

F1 S. 103 and cross heading substituted (1.7.1992) for s. 103 by Road Traffic Act 1991 (c. 40, SIF 107:1), s.19; S.I. 1992/1286, art. 2,Sch.

[F2 103 Obtaining licence, or driving, while disqualified. E+W

(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 )F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F4 Subsection (1) above does]] not apply in relation to disqualification by virtue of section 101 of this Act.

(5) [F5 Subsection (1)(b) above does] not apply in relation to disqualification by virtue of section 102 of this Act.

(6) In the application of [F6 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 [F7 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.

Extent Information

E1 This version of this provision extents to England and Wales only; a separate version has been created for Scotland

Textual Amendments

F2 s. 103 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 19; S.I. 1992/1286, art. 2, Sch.

F3 S. 103(3) repealed (1.10.2002) by 2002 c. 30, s. 107, Sch. 7 para. 11(1)(2), Sch. 8; S.I. 2002/2306, art. 2(g)(i)-(iii)(a)

F4 Words in s. 103(4) substituted (1.10.2002) by 2002 c. 30, s. 107, Sch. 7 para. 11(1)(3); S.I. 2002/2306, art. 2(g)(i)(ii)

F5 Words in s. 103(5) substituted (1.10.2002) by 2002 c. 30, s. 107, Sch. 7 para. 11(1)(4), S.I. 2002/2306, art. 2(g)(i)(ii)

F6 Words in s. 103(6) substituted (1.10.2002) by 2002 c. 30, s. 107, Sch. 7 para. 11(1)(5), S.I. 2002/2306, art. 2(g)(i)(ii)

F7 Words in s. 103(6)(a) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 16

Modifications etc. (not altering text)

C3 S. 103 modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), {art. 27(2)-(4)(6)}

[F8 103 Obtaining licence, or driving, while disqualified. S

(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) A constable in uniform may arrest without warrant any person driving a motor vehicle on a road whom he has reasonable cause to suspect of being disqualified.

(4) Subsections (1) and (3) above do not apply in relation to disqualification by virtue of section 101 of this Act.

(5) Subsections (1)(b) and (3) above do not apply in relation to disqualification by virtue of section 102 of this Act.

(6) In the application of subsections (1) and (3) above to a person whose disqualification is limited to the driving of motor vehicles of a particular class by virtue of—

(a) section 102 [F9 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.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F8 S. 103 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 19; S.I. 1992/1286, art. 2, Sch.

F9 Words in s. 103(6)(a) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 16

Modifications etc. (not altering text)

C4 S. 103 modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), art. 27