Road Traffic (New Drivers) Act 1995

Part III E+W+S Newly qualified driver with provisional licence and test certificate

Surrender of test certificate E+W+S

4 (1) Where the circumstances mentioned in section 2(1) exist with respect to a person to whom this Part of this Schedule applies, sub-paragraph (2) applies instead of section 2(2). E+W+S

(2) The court must send to the Secretary of State—

(a) a notice containing the particulars required to be endorsed on the counterpart of the person’s licence in accordance with the order referred to in section 2(1)(d); and

(b) on its production to the court, the person’s test certificate.

(3) Where—

(a) the circumstances mentioned in section 2(3)(a) to (d) and (f) exist with respect to a person to whom this Part of this Schedule applies,

(b) the fixed penalty clerk has received the person’s test certificate in accordance with paragraph 3(4), and

(c) the test certificate shows the date on which the person became a qualified driver,

sub-paragraph (4) applies instead of section 2(4).

(4) The fixed penalty clerk must send to the Secretary of State—

(a) a notice containing the particulars endorsed on the counterpart of the person’s licence; and

(b) the person’s test certificate.

Revocation of test certificate E+W+S

5 (1) Where the Secretary of State— E+W+S

(a) has received a notice sent to him under paragraph 4 of particulars required to be endorsed or endorsed on the counterpart of a person’s licence, and

(b) has received the person’s test certificate sent to him under paragraph 4(2)(b) or (4)(b) or is satisfied that the person has been issued with a test certificate,

the Secretary of State must by notice served on that person revoke the test certificate.

[F1 (1A) Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under sub-paragraph (1), the Secretary of State must send to the licensing authority in Northern Ireland particulars of the notice together with the Northern Ireland test certificate.

(1B) Where the Secretary of State is sent by that licensing authority particulars of a notice served on the holder of a licence under a provision of Northern Ireland law corresponding to sub-paragraph (1), he must by notice served on that person revoke his test certificate.]

(2) A revocation under sub-paragraph (1) [F2 or (1B)] shall have effect from a date specified in the notice of revocation which may not be earlier than the date of service of that notice.

(3) The effect of the revocation of a person’s test certificate is that any prescribed conditions to which his provisional licence ceased to be subject when he became a qualified driver shall again apply.

[F3 (4) In this paragraph and paragraph 8 references to the revocation of a person’s Northern Ireland test certificate are references to its revocation as respects Great Britain.

(5) The effect of the revocation of a person’s Northern Ireland test certificate as respects Great Britain is that any prescribed conditions to which his Northern Ireland provisional licence ceased to be subject when he became a qualified driver shall again apply for the purposes of section 109(1) of the Road Traffic Act 1988.]

Textual Amendments

F1 Sch. 1 para. 5(1A)(1B) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 55(a); S.I. 2004/2624, art. 2(1)(2)(b)

F2 Words in Sch. 1 para. 5(2) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 55(b); S.I. 2004/2624, art. 2(1)(2)(b)

F3 Sch. 1 para. 5(4)(5) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 55(c); S.I. 2004/2624, art. 2(1)(2)(b)

Re-testing E+W+S

6 (1) Subject to Part V of this Schedule, the Secretary of State may not under Part III of the M1 Road Traffic Act 1988 grant a person whose test certificate has been revoked under [F4 paragraph 5, or whose Northern Ireland test certificate has been revoked under a provision of Northern Ireland law corresponding to paragraph 5(1),] a full licence to drive any class of vehicles that, immediately before his test certificate was revoked, he was permitted to drive without observing prescribed conditions, unless he satisfies the Secretary of State that within the relevant period he has passed a relevant driving test. E+W+S

(2) In this paragraph “relevant driving test” means, in relation to a person whose test certificate has been revoked, any test which—

(a) falls within paragraph (a) or (b) of section 1(2); and

(b) is a test of competence to drive any vehicle included in any class of vehicles that, immediately before his test certificate was revoked, he was permitted to drive without observing prescribed conditions.

(3) If the Secretary of State grants a full licence to a person who is required to pass a relevant driving test in order to be granted that licence, the licence granted must (subject to section 92 and Part IV of the M2 Road Traffic Act 1988) be one authorising that person to drive all the classes of vehicles that, immediately before his test certificate was revoked, he was permitted to drive without observing prescribed conditions.

(4) In sub-paragraph (1) “the relevant period” means the period beginning—

(a) after the date of the revocation of the test certificate; and

(b) not more than two years before the date on which the application for the full licence is made.

Textual Amendments

F4 Words in Sch. 1 para. 6(1) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 56; S.I. 2004/2624, art. 2(1)(2)(b)

Marginal Citations

M1 1988 c. 52.

M2 1988 c. 52.