Road Traffic Offenders Act 1988

37 Effect of order of disqualification. E+W+S

(1) Where the holder of a licence is disqualified by an order of a court, the licence shall be treated as being revoked with effect from the beginning of the period of disqualification.

[F1 (1A) Where—

(a) the disqualification is for a fixed period shorter than 56 days [F2 (disregarding any extension period)] in respect of an offence involving obligatory endorsement, or

(b) the order is made under section 26 of this Act,

subsection (1) above shall not prevent the licence from again having effect at the end of the period of disqualification [F3 (including any extension period)].]

[F4 (1B) In subsection (1A) “extension period” means an extension period added pursuant to—

(a) section 35A or 35C,

(b) section 248D of the Criminal Procedure (Scotland) Act 1995, or

(c) section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 [F5 or section 166 of the Sentencing Code].]

(2) Where the holder of the licence appeals against the order and the disqualification is suspended under section 39 of this Act, the period of disqualification shall be treated for the purpose of subsection (1) above as beginning on the day on which the disqualification ceases to be suspended.

(3) Notwithstanding anything in Part III of the Road Traffic Act 1988, a person disqualified by an order of a court under section [F6 36] of this Act is (unless he is also disqualified otherwise than by virtue of such an order) entitled to obtain and to hold a provisional licence and to drive a motor vehicle in accordance with the conditions subject to which the provisional licence is granted.

[F7 (4) Notwithstanding anything in Part III of the Road Traffic Act 1988, a person who holds a Community licence which authorises that person to drive motor vehicles of a particular class, but who is disqualified by an order of a court under section 36 of this Act, is (unless the person is also disqualified otherwise than by virtue of such an order) entitled to drive a motor vehicle of that class in accordance with the same conditions as if the person were authorised to drive a motor vehicle of that class by a provisional licence.]

Textual Amendments

F1 S. 37(1A) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 33; S.I. 1992/1286, art. 2,Sch. (with art. 6(5))

F2 Words in s. 37(1A)(a) inserted (16.7.2018) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 21 para. 90(7)(a) (with s. 180); S.I. 2018/733, art. 2(c)

F3 Words in s. 37(1A) inserted (16.7.2018) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 21 para. 90(7)(b) (with s. 180); S.I. 2018/733, art. 2(c)

F4 S. 37(1B) inserted (16.7.2018) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 21 para. 90(7)(c) (with s. 180); S.I. 2018/733, art. 2(c)

F5 Words in s. 37(1B)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 103 (with Sch. 27); S.I. 2020/1236, reg. 2

F6 Word in s. 37(3) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 96; S.I. 1992/1286, art. 2,Sch. (with art. 6(5))

F7 S. 37(4) added (4.1.2016) by The Road Traffic Offenders Act 1988 and Motor Vehicles (Driving Licences) (Amendment) Regulations 2015 (S.I. 2015/2004), regs. 1, 2(2)

Modifications etc. (not altering text)

C1 S. 37: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2,Sch. (with art. 6(5))).

C2 Ss. 36(4), 37(3) extended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 5, Sch. 4 para. 7(5)