Road Traffic Act 1988

Changes over time for: Section 99

Version Superseded: 23/07/1996

Alternative versions:

Status:

Point in time view as at 01/02/1991. This version of this provision has been superseded.

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

Road Traffic Act 1988, Section 99 is up to date with all changes known to be in force on or before 05 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

99 Duration of licences.E+W+S

(1)[F1In so far as a licence authorises its holder to drive motor vehicles of classes other than any prescribed class of goods vehicle or any prescribed class of passenger-carrying vehicle, it]shall, unless previously revoked or surrendered, remain in force, subject to subsection (2) below—

(a)except in a case falling within paragraph (b) or (c) of this subsection, for the period ending on the seventieth anniversary of the applicant’s date of birth or for a period of three years, whichever is the longer,

(b)except in a case falling within paragraph (c) of this subsection, if the Secretary of State so determines in the case of a licence to be granted to a person appearing to him to be suffering from a relevant or prospective disability, for such period of not more than three years and not less than one year as the Secretary of State may determine, and

(c)in the case of a licence granted in exchange for a subsisting licence and in pursuance of an application requesting a licence for the period authorised by this paragraph, for a period equal to the remainder of that for which the subsisting licence was granted,

and any such period shall begin with the date on which the licence in question is expressed to come into force.

[F2(1A)In so far as a licence authorises its holder to drive any prescribed class of goods vehicle or passenger-carrying vehicle, it shall, unless previously revoked, suspended or surrendered, remain in force—

(a)except in a case falling within paragraph (c) or (d) of this subsection—

(i)for the period ending on the forty-fifth anniversary of the applicant’s date of birth or for a period of five years, whichever is the longer, or

(ii)where the applicant’s age at the date on which the licence is to come into force will exceed forty-five but not sixty-five years, for the period ending on the sixty-sixth anniversary of the applicant’s date of birth or for a period of five years, whichever is the shorter,

(b)except in a case falling within paragraph (d) of this subsection, where the applicant’s age at that date will exceed sixty-five years, for a period of one year,

(c)except in a case falling within paragraph (b) or (d) of this subsection, if the Secretary of State so determines in the case of a licence to be granted to a person appearing to him to be suffering from a relevant or prospective disability, for such period of not more than three years and not less than one year as the Secretary of State may determine, and

(d)in the case of a licence granted in exchange for a subsisting licence and in pursuance of an application requesting a licence for the period authorised by this paragraph, for a period equal to the remainder of that for which the subsisting licence was granted,

and any such period shall begin with the date on which the licence in question is expressed to come into force.]

(2)To the extent that a provisional licence authorises the driving of a motor cycle of a prescribed class it shall, unless previously surrendered or revoked, remain in force—

(a)for such period as may be prescribed, or

(b)if the licence is granted to the holder of a previous licence which was surrendered, revoked or treated as being revoked—

(i)for the remainder of the period for which the previous licence would have authorised the driving of such a motor cycle, or

(ii)in such circumstances as may be prescribed, for a period equal to that remainder at the time of surrender or revocation.

(3)Where it appears to the Secretary of State—

[F3(a)that a licence granted by him to any person was granted in error or with an error or omission in the particulars specified in the licence, or

(aa)that the counterpart of a licence granted by him to any person is required to be endorsed in pursuance of any enactment or was issued with an error or omission in the particulars specified in the counterpart or required to be so endorsed on it, or]

(b)that the particulars specified in a licence granted by him to any person [F4or in its counterpart]do not comply with any requirement imposed since the licence was granted by any provision made by or having effect under any enactment,

the Secretary of State may serve notice in writing on that person revoking the licence and requiring him to surrender the licence [F5and its counterpart]forthwith to the Secretary of State [F6and it shall be the duty of that person to comply with the requirement].

(4)Where the name or address of the licence holder as specified in a licence ceases to be correct, its holder must forthwith surrender the licence [F7and its counterpart]to the Secretary of State and provide him with particulars of the alterations falling to be made in the name or address and, in the case of a provisional licence as respects which the prescribed conditions are satisfied, with a statement of his sex and date of birth.

(5)A person who [F8without reasonable cause]fails to comply with the duty under subsection [F8(3) or](4) above is guilty of an offence.

(6)Where a person who has a duty under this section to surrender his licence [F9and its counterpart]is not in possession of [F10them]in consequence of the fact that he has surrendered [F11them]to a constable or authorised person (within the meaning of Part III of the M1Road Traffic Offenders Act 1988) on receiving a fixed penalty notice given to him under section 54 of that Act, he does not fail to comply with the duty if he surrenders the licence [F12and its counterpart]to the Secretary of State immediately on [F13their]return.

(7)On the surrender of a licence [F14and its counterpart]by any person in pursuance of subsection (3) or (4) above, the Secretary of State—

(a)must, except where the licence was granted in error [F15or the licence and its counterpart are]surrendered in pursuance of subsection (3) above in consequence of an error or omission appearing to the Secretary of State to be attributable to that person’s fault or in consequence of a current disqualification, and

(b)may in such an excepted case which does not involve a current disqualification,

grant to that person free of charge a new licence for such period (subject to subsection (8) below) that it expires on the date on which the surrendered licence would have expired had it not been surrendered.

(8)Where the period for which the surrendered licence was granted was based on an error with respect to the licence holder’s date of birth such that, if that error had not been made, that licence would have been expressed to expire on a different date, the period of the new licence shall be such that it expires on that different date.

Textual Amendments

F1Words commencing “In so far as" substituted (1.4.1991) for words “A licence" by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 12(a)

F2S. 99(1A) inserted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 2(2)

F3S. 99(3) paras. (a)(aa) substituted for para. (a) by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 5(a)(i)

F4Words inserted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 5(a)(ii)

F5Words inserted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 5(a)(iii)

F6Words inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 12(b)

F7Words inserted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 5(b)

F8Words inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 12(c)

F9Words inserted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 5(c)(i)

F10Word substituted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 5(c)(ii)

F11Word substituted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 5(c)(iii)