Road Traffic Act 1988

Appeals E+W+S

100 Appeals relating to licences. E+W+S

(1) A person who is aggrieved by the Secretary of State’s—

(a) refusal to grant or revocation of a licence in pursuance of section 92 or 93 of this Act, or

(b) determination under section 99(1)(b) of this Act to grant a licence for three years or less, or

(c) revocation of a licence in pursuance of section 99(3)[F1 , (3ZA)] [F2 or (3A)] of this Act,

or by a notice served on him in pursuance of section 92(5)[F3 , 99C or 109B] of this Act may, after giving to the Secretary of State notice of his intention to do so, appeal to a magistrates’ court F4 . . . or, in Scotland, to the sheriff within whose jurisdiction he resides.

(2) On any such appeal the court or sheriff may make such order as it or he thinks fit and the order shall be binding on the Secretary of State.

(3) It is hereby declared that, without prejudice to section 90 of this Act, in any proceedings under this section the court or sheriff is not entitled to entertain any question as to whether the appellant passed a test of competence to drive if he was declared by the person who conducted it to have failed it.

[F5 (4) In any proceedings under this section about the revocation of a licence in pursuance of section 99(3ZA) (revocation on grounds of immigration status), the court or sheriff is not entitled to entertain any question as to whether—

(a) the appellant should be, or should have been, granted leave to enter or remain in the United Kingdom, or

(b) the appellant has, after the date that the Secretary of State served notice under section 99(3ZA), been granted leave to enter or remain in the United Kingdom.]

Textual Amendments

F1 Word in s. 100(1)(c) inserted (14.7.2014) by Immigration Act 2014 (c. 22), ss. 47(2)(a), 75(3); S.I. 2014/1820, art. 2(e)

F2 Words in s. 100(1)(c) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 22(a); S.I. 2004/2624, art. 2(2)(b)

F3 Words in s. 100(1) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 22(b); S.I. 2004/2624, art. 2(2)(b)

F4 Words in s. 100(1) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 307, Sch. 10; S.I. 2005/910, art. 3

F5 S. 100(4) inserted (14.7.2014) by Immigration Act 2014 (c. 22), ss. 47(2)(b), 75(3); S.I. 2014/1820, art. 2(e)