Road Traffic Act 1988

131 Appeals. E+W+S

[F1 (A1) A relevant person who is aggrieved by the failure of the Registrar to notify the person of a decision in relation to an application for entry of the person’s name in the register before the end of the period of four months beginning with the day after the day on which the complete application was submitted, may appeal to the First-tier Tribunal.

(B1) On an appeal under subsection (A1), the First-tier Tribunal may make such order requiring the Registrar to notify the relevant person of a decision in relation to the application as it thinks fit.

(C1) In subsections (A1) and (B1), “relevant person” means a person entitled to give paid instruction in the driving of a motor car by virtue of Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023.]

(1) A person who is aggrieved by a decision of the Registrar—

(a) to refuse an application for the entry of his name in the register, or

(b) to refuse an application for the retention of his name in the register, or

(c) to remove his name from the register,

may [F2 appeal to the First-tier Tribunal.]

(2) A person who is aggrieved by a decision of the Registrar—

(a) to refuse an application for the grant of a licence under this Part of this Act, or

(b) to revoke such a licence,

may [F2 appeal to the First-tier Tribunal.]

(3) On [F3 an appeal under subsection (1) or (2)] the [F4 First-tier Tribunal] may make such order—

(a) for the grant or refusal of the application

or,

(b) for the removal or the retention of the name in the register, or the revocation or continuation of the licence,

(as the case may be) as [F5 it thinks] fit.

(4) An order for such refusal, removal or revocation may direct that an application by the appellant—

(a) for the grant of a licence under this Part of this Act, or

(b) for his name to be entered in the register,

shall not be entertained before the expiration of such period, not exceeding four years beginning with the day on which the order is made, as may be specified in the order.

[F6 (4A) If the [F7 First-tier Tribunal considers] that any evidence adduced on an appeal had not been adduced to the Registrar before he gave the decision to which the appeal relates, [F8 it] may (instead of making an order under subsection (3) above) remit the matter to the Registrar for him to reconsider the decision.]

[F9 (4B) A person who is aggrieved by a decision of the Registrar not to give a direction under section 127(8), 128(7) or 130(6) of this Act may [F10 appeal to the First-tier Tribunal.]

(4C) The [F11 First-tier Tribunal] shall determine the appeal by either—

(a) giving the direction concerned, or

(b) dismissing the appeal.

F12 . . .

(4D) Where the Registrar has decided to refuse an application for the retention of a name in the register, to remove a name from the register or to revoke a licence granted under section 129 of this Act but either—

(a) he gave a direction under section 127(8), 128(7) or 130(6) of this Act, or

(b) the [F13 First-tier Tribunal] have given such a direction on appeal,

he may F14 . . . apply to the [F13 First-tier Tribunal] for an order that the decision is to take effect immediately.

(4E) The [F15 First-tier Tribunal] shall determine the Registrar’s application by either granting or refusing the application.F16 . . .

(4F) The [F17 First-tier Tribunal] may only grant the application if [F18 it considers] that a failure to do so might prejudicially affect—

(a) the well-being of any person to whom the person concerned may give instruction in the driving of a motor car, or

(b) the safety of road users.]

(4G) F19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 131(A1)-(C1) inserted (until the commencement of 2006 c. 49, Sch. 6) by S.I. 2016/1089, reg. 2(8)(a) (as substituted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 97(2)(b))

F2 Words in s. 131(1)(2) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(a) (with Sch. 4)

F3 Words in s. 131(3) substituted (until the commencement of 2006 c. 49, Sch. 6) by S.I. 2016/1089, reg. 2(8)(b) (as substituted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 97(2)(b))

F4 Words in s. 131(3) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(b)(i) (with Sch. 4)

F5 Words in s. 131(3) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(b)(ii) (with Sch. 4)

F6 S. 131(4A) inserted (1.4.2002) by 2000 c. 38, s. 258(1)(4); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F7 Words in s. 131(4A) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(c)(i) (with Sch. 4)

F8 Word in s. 131(4A) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(c)(ii) (with Sch. 4)

F9 S. 131(4B)-(4F) inserted (1.4.2002) by 2000 c. 38, s. 259(4); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F10 Words in s. 131(4B) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(d) (with Sch. 4)

F11 Words in s. 131(4C) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(e)(i) (with Sch. 4)

F12 Words in s. 4C omitted (1.9.2009) by virtue of The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(e)(ii) (with Sch. 4)

F13 Words in s. 131(4D) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(f)(i) (with Sch. 4)

F14 Words in s. 131(4E) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(g)(i) (with Sch. 4)

F15 Words in s. 131(4E) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(g)(i) (with Sch. 4)

F16 Words in s. 131(4E) omitted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(g)(ii) (with Sch. 4)

F17 Words in s. 131(4F) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(h)(i) (with Sch. 4)

F18 Words in s. 131(4F) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(h)(ii) (with Sch. 4)

F19 S. 131(4G) omitted (1.9.2009) by virtue of The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(i) (with Sch. 4)

F20 S. 131(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 (with art. 3(2))

Modifications etc. (not altering text)

C1 S. 131 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)