The Driving Licences (Community Driving Licence) Regulations 1998

Amendment of the Road Traffic Act 1988

4.—(1) Section 92 (requirements as to physical fitness of drivers)(1) is amended as follows.

(2) In subsection (5) (notice of disability), after paragraph (b), insert

“or

(c) if he drives a vehicle except in accordance with particular conditions,”.

(3) For subsections (7) and (7A) substitute—

“(7) Where a notice is served in pursuance of subsection (5)(b) above, the Secretary of State may—

(a) if the person on whom the notice is served is an applicant for a licence, grant him a licence limited to vehicles of the particular class specified in the notice, or

(b) if he held a licence which is revoked by the Secretary of State and he complies with subsection (7ZB) below, grant him a licence limited to vehicles of that class,

and, if the Secretary of State so directs in the notice, his entitlement to drive other classes of vehicle by virtue of section 98(2) of this Act shall be limited as specified in the notice.

(7ZA) Where a notice is served in pursuance of subsection (5)(c) above, the Secretary of State may—

(a) if the person on whom the notice is served is an applicant for a licence, grant him a licence authorising him to drive vehicles subject to the particular conditions specified in the notice, or

(b) if he held a licence which is revoked by the Secretary of State and he complies with subsection (7ZB) below, grant him a licence authorising him to drive vehicles subject to those conditions,

and, if the Secretary of State so directs in the notice, any entitlement which the person has to drive vehicles by virtue of section 98(2) of this Act shall be subject to conditions as specified in the notice.

(7ZB) A person complies with this subsection if—

(a) he surrenders the existing licence and its counterpart, and

(b) where the Secretary of State so requires, he provides evidence of his name, address, sex and date and place of birth and a photograph which is a current likeness of him.

(7A) If he considers it appropriate to do so, the Secretary of State may, after serving a notice under any of the paragraphs of subsection (5) above, serve a further notice under that paragraph or a notice under another of those paragraphs; and on his serving the later notice the notice previously served shall cease to have effect and any licence previously granted in accordance with it shall be revoked by the later notice.”.

(1)

Subsection (7) was amended by section 5 of the 1989 Act and by the 1996 Regulations.