Road Traffic Act 1988

130 Revocation of licences. E+W+S

(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 [F1 relevant conditions] was fulfilled in his case, or

(c) if the licence was granted by mistake or procured by fraud.

(2) [F2 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 [F3 none] of the kinds of current licence mentioned in section 125 (3)(b) of this Act, or

(b) that he was disqualified under section 34 or 36 of the M1 Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle under Part III of this Act, 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.

[F4 (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 [F5 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 [F5 granted under this section], give notice in writing of the decision to the person concerned.

[F6 (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.]

[F7 (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.]

Textual Amendments

F1 Words in s. 130(1)(b) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 7(2); S.I. 1996/1980, art. 2

F2 Words in s. 130(2) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 7(3); S.I. 1996/1980, art. 2

F3 Word in s. 130(2)(a) substituted (1.4.1999) by S.I. 1999/357, reg. 2(4)

F4 S. 130(2A) inserted (9.9.1996) by 1993 c. 31, s. 6 Sch. para. 7(4); S.I. 1996/1980, art. 2

F5 Words in s. 130(3)(5) repealed (1.4.2002) by 2000 c. 38, s. 274, Sch. 31 Pt. V(1); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (as amended by S.I. 2002/846, art. 2(2))

F6 S. 130(5A)(6) substituted (1.4.2002) for s. 130(6) by 2000 c. 38, s. 259(3); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F7 S. 130(7)-(13) inserted (6.7.2012) by Driving Instruction (Suspension and Exemption Powers) Act 2009 (c. 17), s. 7(3), Sch. 1 para. 5; S.I. 2012/1356, art. 4(b)

Modifications etc. (not altering text)

C1 S. 130 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

C2 S. 130(2)(b) extended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 5, Sch. 4 para. 7(2)

Marginal Citations

M1 1988 c. 53.