(1)The court by or before which a person is convicted of an offence committed after 31st December 1997 may, instead of or in addition to dealing with him in any other way, order him to be disqualified, for such period as it thinks fit, for holding or obtaining a driving licence.
(2)Where the person is convicted of an offence the sentence for which is fixed by law or falls to be imposed under [F1a provision mentioned in subsection (2A)], subsection (1) above shall have effect as if the words “instead of or” were omitted.
[F2(2A)The provisions referred to in subsection (2) are—
(a)section 1(2B) or 1A(5) of the Prevention of Crime Act 1953;
(b)section 51A(2) of the Firearms Act 1968;
(c)section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice Act 1988;
(d)section 110(2) or 111(2) of this Act;
(e)section 224A, 225(2) or 226(2) of the Criminal Justice Act 2003;
(f)section 29(4) or (6) of the Violent Crime Reduction Act 2006.]
(3)A court shall not make an order under subsection (1) above unless the court has been notified by the Secretary of State that the power to make such orders is exercisable by the court and the notice has not been withdrawn.
(4)A court which makes an order under this section disqualifying a person for holding or obtaining a driving licence shall require him to produce—
(a)any such licence held by him F3...; F4...
[F5(aa)in the case where he holds a Northern Ireland licence (within the meaning of Part 3 of the Road Traffic Act 1988), his Northern Ireland licence F6...; or]
(b)in the case where he holds a Community licence (within the meaning of Part III of the M1Road Traffic Act 1988), his Community licence F6....
(5)In this section—
“driving licence” means a licence to drive a motor vehicle granted under Part III of the M2Road Traffic Act 1988;
F7...
Textual Amendments
F1Words in s. 146(2) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5 para. 7(2); S.I. 2015/1463, art. 2(b)
F2S. 146(2A) inserted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5 para. 7(3); S.I. 2015/1463, art. 2(b)
F3Words in s. 146(4)(a) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 72(2)(a), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
F4Word in s. 146(4)(a) repealed (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 73(a), Sch. 6; S.I. 2004/2624, art. 2(1)(2)(b)
F5Words in s. 146(4) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 73(a); S.I. 2004/2624, art. 2(1)(2)(b)
F6Words in s. 146(4)(aa)(b) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 72(2)(b), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9); S.I. 2015/560, art. 3 (with arts. 4-9)
F7Words in s. 146(5) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 72(3), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
Marginal Citations