Road Traffic Offenders Act 1988

42 Removal of disqualification. E+W+S

(1) Subject to the provisions of this section, a person who by an order of a court is disqualified may apply to the court by which the order was made to remove the disqualification.

(2) On any such application the court may, as it thinks proper having regard to—

(a) the character of the person disqualified and his conduct subsequent to the order,

(b) the nature of the offence, and

(c) any other circumstances of the case,

either by order remove the disqualification as from such date as may be specified in the order or refuse the application.

(3) No application shall be made under subsection (1) above for the removal of a disqualification before the expiration of whichever is relevant of the following periods from [F1 the relevant date], that is—

(a) two years, if the disqualification is for less than four years [F2 (disregarding any extension period)],

(b) one half of the [F3 period of disqualification (disregarding any extension period), if the disqualification is (disregarding any extension period)] for less than ten years but not less than four years,

(c) five years in any other case;

and in determining the expiration of the period after which under this subsection a person may apply for the removal of a disqualification, any time after the conviction during which the disqualification was suspended or he was not disqualified shall be disregarded.

[F4 (3A) In subsection (3) “the relevant date” means—

(a) the date of the order imposing the disqualification in question, or

(b) if the period of the disqualification is extended by an extension period, the date in paragraph (a) postponed by a period equal to that extension period.]

[F5 (3B) 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 [F6 or section 166 of the Sentencing Code].]

(4) Where an application under subsection (1) above is refused, a further application under that subsection shall not be entertained if made within three months after the date of the refusal.

(5) If under this section a court orders a disqualification to be removed, the court—

[F7 (a) must send notice of the order to the Secretary of State,]

(b) may in any case order the applicant to pay the whole or any part of the costs of the application.

[F8 (5A) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10 (5AA) If the disqualification was imposed in respect of an offence involving obligatory endorsement, the Secretary of State must, on receiving notice of an order under subsection [F11 (5)(a)] above, make any necessary adjustments to the endorsements on the person's driving record to reflect the order.]

(5B) A notice under subsection [F12 (5)(a)] above must be sent in such manner and to such address, and must contain such particulars, as the Secretary of State may determine.]

(6) The preceding provisions of this section shall not apply where the disqualification was imposed by order under section 36(1) of this Act.

Textual Amendments

F1 Words in s. 42(3) substituted (16.7.2018) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 21 para. 90(8)(a)(i) (with s. 180); S.I. 2018/733, art. 2(c)

F2 Words in s. 42(3)(a) inserted (16.7.2018) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 21 para. 90(8)(a)(ii) (with s. 180); S.I. 2018/733, art. 2(c)

F3 Words in s. 42(3)(b) substituted (16.7.2018) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 21 para. 90(8)(a)(iii) (with s. 180); S.I. 2018/733, art. 2(c)

F4 S. 42(3A) inserted (16.7.2018) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 21 para. 90(8)(b) (with s. 180); S.I. 2018/733, art. 2(c)

F5 S. 42(3B) inserted (16.7.2018) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 21 para. 90(8)(c) (with s. 180); S.I. 2018/733, art. 2(c)

F6 Words in s. 42(3B)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 104 (with Sch. 27); S.I. 2020/1236, reg. 2

F7 S. 42(5)(a) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 40(2); S.I. 2015/560, art. 3(a) (with arts. 4-9)

F8 S. 42(5A)(5B) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 98; S.I. 1992/1286, art. 2, Sch.

F9 S. 42(5A) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 40(3), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)

F10 S. 42(5AA) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 8(4); S.I. 2008/3164, art. 4(b)

F11 Word in s. 42(5AA) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 40(4); S.I. 2015/560, art. 3(a) (with arts. 4-9)

F12 Word in s. 42(5B) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 40(5); S.I. 2015/560, art. 3(a) (with arts. 4-9)

Modifications etc. (not altering text)

C1 S. 42 modified by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 5, Sch. 4 para. 7(6)

C2 S. 42: 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.)

C3 S. 42(5) excluded by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), s. 44(3)(b) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 11(c) )

C4 S. 42(5) applied with modifications by S.I. 1987/1378, reg. 25(3) (as amended by S.I. 1990/842, reg. 9)

S. 42(5) applied (with modifications) (12.11.1999) by S.I. 1999/2864, reg. 80(5)(c)

C5 S. 42(6) extended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 5, Sch. 4 para. 7(5)