Road Traffic Act 1988

Status:

Point in time view as at 04/07/1991. This version of this cross heading contains provisions that are prospective.

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

where the provision (Part, Chapter or section) has never come into force or;
where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

Road Traffic Act 1988, Cross Heading: Granting of licences, their form and duration is up to date with all changes known to be in force on or before 04 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

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Granting of licences, their form and durationE+W+S

97 Grant of licences.E+W+S

(1)Subject to [F1the following provisions of this section]and section 92 of this Act [F2and, in the case of licences to drive large goods vehicles or passenger-carrying vehicles, to Part IV of this Act], the Secretary of State must F3. . . grant a licence to a person who—

(a)makes an application for it in such manner and containing such particulars as the Secretary of State may specify [F4and pays the fee (if any) which is prescribed],

(b)provides the Secretary of State with such evidence or further evidence in support of the application as the Secretary of State may require,

(c)surrenders to the Secretary of State any previous licence granted to him after [F51st January 1976][F6and its counterpart]or provides the Secretary of State with an explanation for not surrendering [F7them]which the Secretary of State considers adequate and, where the application is made by virtue of section [F889(1)(d) or (f) of this Act, surrenders to the Secretary of State his British external licence, his British Forces licence or his exchangeable licence, as the case may be, and]

(d)is not [F9, in accordance with section 88(1B) of this Act, subject to a current disqualification which is relevant to the licence he applies for]and is not prevented from obtaining it by the provisions of section 89 of this Act.

(2)If the application for the licence states that it is made for the purpose of enabling the applicant to drive a motor vehicle with a view to passing a test of competence to drive, any licence granted in pursuance of the application shall be a provisional licence for that purpose, and nothing in section 89 of this Act shall apply to such a licence.

(3)A provisional licence—

(a)shall be granted subject to prescribed conditions,

(b)shall, in any cases prescribed for the purposes of this paragraph, be restricted so as to authorise only the driving of vehicles of the classes so prescribed,

(c)may, in the case of a person appearing to the Secretary of State to be suffering from a relevant disability or a prospective disability, be restricted so as to authorise only the driving of vehicles of a particular construction or design specified in the licence, F10. . .

(d)shall not authorise a person, before he has passed a test of competence to drive, to drive a [F11motor bicycle without a side-car], unless it is a learner motor cycle (as defined in subsection (5) below) or its first use (as defined in regulations) occurred before 1st January 1982 and the cylinder capacity of its engine does not exceed 125 cubic centimetres [F12, and]

[F12(e)except as provided under subsection (3B) below, shall not authorise a person, before he has passed a test of competence to drive, to drive on a road a motor bicycle except where he has successfully completed an approved training course for motor cyclists or is undergoing training on such a course and is driving the motor cycle on the road as part of the training.]

[F13(3A)Regulations may make provision as respects the training in the driving of motor bicycles of persons wishing to obtain licences authorising the driving of such motor cycles by means of courses of training provided in accordance with the regulations; and the regulations may in particular make provision with respect to—

(a)the nature of the courses of training;

(b)the approval by the Secretary of State of the persons providing the courses and the withdrawal of his approval;

(c)the maximum amount of any charges payable by persons undergoing the training;

(d)certificates evidencing the successful completion by persons of a course of training and the supply by the Secretary of State of the forms which are to be used for such certificates; and

(e)the making, in connection with the supply of forms of certificates, of reasonable charges for the discharge of the functions of the Secretary of State under the regulations;

and different provision may be made for training in different classes of motor cycles.

(3B)Regulations may prescribe cases in which persons holding a provisional licence are exempt from the restriction imposed by subsection (3)(e) above on their driving under the licence; and the regulations may—

(a)limit the exemption to persons in prescribed circumstances;

(b)limit the exemption to a prescribed period or in respect of driving in a prescribed area;

(c)attach conditions to the exemption; and

(d)regulate applications for, and the issue and form of, certificates evidencing the holder’s exemption from the restriction.]

(4)Regulations may authorise or require the Secretary of State to refuse a provisional licence authorising the driving of a motor cycle of a prescribed class if the applicant has held such a provisional licence and the licence applied for would come into force within the prescribed period—

(a)beginning at the end of the period for which the previous licence authorised (or would, if not surrendered or revoked, have authorised) the driving of such a motor cycle, or

(b)beginning at such other time as may be prescribed.

(5)A learner motor cycle is a motor cycle which either is propelled by electric power or has the following characteristics—

(a)the cylinder capacity of its engine does not exceed 125 cubic centimetres,

(b)the maximum power output of its engine does not exceed nine kilowatts (as measured in accordance with International Standards Organisation standard 4106-1978.09.01), and

(c)its power to weight ratio does not exceed 100 kilowatts per metric tonne, the power being the maximum power output mentioned in paragraph (b) above and the weight that mentioned in subsection (6) below.

(6)The weight referred to in subsection (5) above is the weight of the motor cycle with a full supply of fuel in its tank, an adequate supply of other liquids needed for its propulsion and no load other than its normal equipment, including loose tools.

(7)A person who fails to comply with any condition applicable to him by virtue of subsection (3) above is guilty of an offence.

Textual Amendments

F1Words substituted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 6(2)(a)

F2Words inserted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 9(a)

F3Words repealed by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 16, Sch. 6

F4Words inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 9(b)

F5Words substituted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 9(c)

F6Words inserted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 3(a)

F7Word substituted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para 3(b)

F8Words substituted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 9(c)

F9Words substituted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 9(d)

F10Word repealed by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 16, Sch. 6

F11Words substituted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 10

F12S. 97(3)(e) and word immediately preceding it inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 6(2)(b)

F13S. 97(3A)(3B) inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 6(2)(c)

Modifications etc. (not altering text)

C1S. 97(3)(e) excluded by S.I. 1987/1378, regs. 23E(2), 23G(2) (as inserted by S.I. 1990/2334, reg. 4)

98 Form of licence.E+W+S

(1)A licence shall be in such form as the Secretary of State may determine and shall—

(a)state whether, apart from subsection (2) below, it authorises its holder to drive motor vehicles of all classes or of certain classes only and, in the latter case, specify those classes,

(b)specify the restrictions on the driving of vehicles of any class in pursuance of the licence to which its holder is subject by virtue of the provisions of section 101 of this Act, [F14and]

(c)in the case of a provisional licence, specify the conditions subject to which it is granted, F15

F15(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Subject to subsections (3) [F16, (4) and (4A)]below, a [F17person who holds a licence which]authorises its holder to drive motor vehicles of certain classes only (not being—

[F18(a)a provisional licence, or

(b)any other prescribed description of licence)]

[F19may]drive motor vehicles of all other classes subject to the same conditions as if he were authorised by a provisional licence to drive motor vehicles of those other classes.

(3)[F20Subsection (2) above does not]authorise a person to drive—

(a)a vehicle of a class for the driving of which he could not, by reason of the provisions of section 101 of this Act, lawfully hold a licence, or

(b)unless he has passed a test of competence to drive, a [F21motor bicycle without a side-car]which, by virtue of section 97(3)(d) of this Act, a provisional licence would not authorise him to drive before he had passed that test [F22; or]

[F22(c)unless he has passed a test of competence to drive, a motor bicycle on a road in circumstances in which, by virtue of section 97(3)(e) of this Act, a provisional licence would not authorise him to drive it before he had passed that test.]

(4)In such cases [F23or as respects such classes of vehicles]as the Secretary of State may prescribe, the provisions of subsections (2) and (3) above shall not apply or shall apply subject to such limitations as he may prescribe.

[F24(4A)[F25Subsection (2) above does not]authorise a person on whom a notice under section 92(5)(b) of this Act has been served to drive motor vehicles otherwise than in accordance with the limits specified in the notice.]

(5)A person who fails to comply with any condition applicable to him by virtue of subsection (2) above is guilty of an offence.

Textual Amendments

F14Word inserted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 4(a)(i)

F15S. 98(1)(d) and word immediately preceding it repealed by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 4(a)(ii)

F16Words substituted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 5(10)(a)

F17Words substituted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 4(b)(i)

F18S. 98(2)(a)(b) substituted for paras. (a)–(c) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 11(b)

F19Word substituted by S. I. 1990/144, regs. 2(1), 3, Sch. 1 para. 4(b)(ii)

F20Words substituted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 4(c)

F21Words substituted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 11(c)(i)

F22S. 98(3)(c) and word immediately preceding it inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 11(c)(ii)

F23Words inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 11(d)

F24S. 98(4A) inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 5(10)(b)

F25Words substituted by S.I. 1990/144, regs. 2(3), 3, Sch. 3 para. 1(b)

Modifications etc. (not altering text)

C2S. 98(2) restricted by S.I. 1987/1378, reg. 34 (as inserted by S.I. 1990/842, reg. 11)

C3S. 98(2) excluded (1.4.1991) by S.I. 1990/2612, reg. 10(1)(2)(3)

C4S. 98(3) excluded (1.4.1991) by S.I. 1990/2612, reg. 10(1)(2)(3)

C5S. 98(3)(c) excluded by S.I. 1987/1378, regs. 23E(3), 23G(3) (as inserted by S.I. 1990/2334, reg. 4)

Prospective

[F2698ACompulsory surrender of old-form licencesE+W+S

(1)The Secretary of State may by order require the holders of licences of a specified description, or any specified description of the holders of such licences, to surrender the licences [F27and their counterparts ] to the Secretary of State.

(2)An order under this section may specify as the description of licences to be surrendered—

(a)licences which are not in the form of a photocard, or

(b)licences in the form of a photocard of a description no longer specified by the Secretary of State as a form in which licences are granted.

(3)An order under this section must specify the date by which the licences to which it relates [F28(and their counterparts) ] are to be surrendered; and may specify different dates in relation to different descriptions of licence holders.

(4)An order under this section must include provision for the grant of a new licence to every holder of a licence surrendered [F29(with its counterpart) ] in pursuance of the order who—

(a)pays such fee (if any) as is specified by the order, F30...

(b)provides the Secretary of State with such evidence or further evidence as the Secretary of State may require (which may include a photograph which is a current likeness of him).[F31 and

(c)provides such evidence or further evidence as the Secretary of State may require for the purpose of satisfying the Secretary of State that the holder is not suffering from a relevant or prospective disability.]

(5)A replacement licence granted pursuant to provision made by virtue of subsection (4) above expires on the date on which the surrendered licence would have expired had it not been surrendered (but subject to subsection (6) below).

(6)Where the period for which the surrendered licence was granted was based on an error with respect to the licence holder's date of birth such that (if the error had not been made) that licence would have been expressed to expire on a different date, the replacement licence expires on that different date.

(7)A person who, without reasonable excuse, fails to comply with any requirement to surrender a licence [F32and its counterpart ] imposed by an order under this section is guilty of an offence.

(8)An order under this section may—

(a)make different provision for different cases, and

(b)contain such incidental and supplementary provisions as the Secretary of State considers appropriate.

(9)The power to make an order under this section is exercisable by statutory instrument.

(10)Before making an order under this section the Secretary of State must consult with such representative organisations as he thinks fit.

(11)A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F26S. 98A inserted (prosp.) by Road Safety Act 2006 (c. 49), ss. 39(1), 61

F27Words in s. 98A(1) repealed (prosp.) by Road Safety Act 2006 (c. 49), ss. 10(12), 59, 61, Sch. 3 para. 8(2), Sch. 7(4)

F28Words in s. 98A(3) repealed (prosp.) by Road Safety Act 2006 (c. 49), ss. 10(12), 59, 61, Sch. 3 para. 8(3), Sch. 7(4)

F29Words in s. 98A(4) repealed (prosp.) by Road Safety Act 2006 (c. 49), ss. 10(12), 59, 61, Sch. 3 para. 8(4), Sch. 7(4)

F30Word in s. 98A(4) omitted by Road Safety Act 2006 (c. 49), s. 39(1) (as amended) (20.4.2012) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 2 para. 2(2)(a)

F31S. 98A(4)(c) and word inserted by Road Safety Act 2006 (c. 49), s. 39(1) (as amended) (20.4.2012) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 2 para. 2(2)(b)

F32Words in s. 98A(7) repealed (prosp.) by Road Safety Act 2006 (c. 49), ss. 10(12), 59, 61, Sch. 3 para. 8(5), Sch. 7(4)

99 Duration of licences.E+W+S

(1)[F33In so far as a licence authorises its holder to drive motor vehicles of classes other than any prescribed class of goods vehicle or any prescribed class of passenger-carrying vehicle, it]shall, unless previously revoked or surrendered, remain in force, subject to subsection (2) below—

(a)except in a case falling within paragraph (b) or (c) of this subsection, for the period ending on the seventieth anniversary of the applicant’s date of birth or for a period of three years, whichever is the longer,

(b)except in a case falling within paragraph (c) of this subsection, if the Secretary of State so determines in the case of a licence to be granted to a person appearing to him to be suffering from a relevant or prospective disability, for such period of not more than three years and not less than one year as the Secretary of State may determine, and

(c)in the case of a licence granted in exchange for a subsisting licence and in pursuance of an application requesting a licence for the period authorised by this paragraph, for a period equal to the remainder of that for which the subsisting licence was granted,

and any such period shall begin with the date on which the licence in question is expressed to come into force.

[F34(1A)In so far as a licence authorises its holder to drive any prescribed class of goods vehicle or passenger-carrying vehicle, it shall, unless previously revoked, suspended or surrendered, remain in force—

(a)except in a case falling within paragraph (c) or (d) of this subsection—

(i)for the period ending on the forty-fifth anniversary of the applicant’s date of birth or for a period of five years, whichever is the longer, or

(ii)where the applicant’s age at the date on which the licence is to come into force will exceed forty-five but not sixty-five years, for the period ending on the sixty-sixth anniversary of the applicant’s date of birth or for a period of five years, whichever is the shorter,

(b)except in a case falling within paragraph (d) of this subsection, where the applicant’s age at that date will exceed sixty-five years, for a period of one year,

(c)except in a case falling within paragraph (b) or (d) of this subsection, if the Secretary of State so determines in the case of a licence to be granted to a person appearing to him to be suffering from a relevant or prospective disability, for such period of not more than three years and not less than one year as the Secretary of State may determine, and

(d)in the case of a licence granted in exchange for a subsisting licence and in pursuance of an application requesting a licence for the period authorised by this paragraph, for a period equal to the remainder of that for which the subsisting licence was granted,

and any such period shall begin with the date on which the licence in question is expressed to come into force.]

(2)To the extent that a provisional licence authorises the driving of a motor cycle of a prescribed class it shall, unless previously surrendered or revoked, remain in force—

(a)for such period as may be prescribed, or

(b)if the licence is granted to the holder of a previous licence which was surrendered, revoked or treated as being revoked—

(i)for the remainder of the period for which the previous licence would have authorised the driving of such a motor cycle, or

(ii)in such circumstances as may be prescribed, for a period equal to that remainder at the time of surrender or revocation.

(3)Where it appears to the Secretary of State—

[F35(a)that a licence granted by him to any person was granted in error or with an error or omission in the particulars specified in the licence, or

(aa)that the counterpart of a licence granted by him to any person is required to be endorsed in pursuance of any enactment or was issued with an error or omission in the particulars specified in the counterpart or required to be so endorsed on it, or]

(b)that the particulars specified in a licence granted by him to any person [F36or in its counterpart]do not comply with any requirement imposed since the licence was granted by any provision made by or having effect under any enactment,

the Secretary of State may serve notice in writing on that person revoking the licence and requiring him to surrender the licence [F37and its counterpart]forthwith to the Secretary of State [F38and it shall be the duty of that person to comply with the requirement].

(4)Where the name or address of the licence holder as specified in a licence ceases to be correct, its holder must forthwith surrender the licence [F39and its counterpart]to the Secretary of State and provide him with particulars of the alterations falling to be made in the name or address and, in the case of a provisional licence as respects which the prescribed conditions are satisfied, with a statement of his sex and date of birth.

(5)A person who [F40without reasonable cause]fails to comply with the duty under subsection [F40(3) or](4) above is guilty of an offence.

(6)Where a person who has a duty under this section to surrender his licence [F41and its counterpart]is not in possession of [F42them]in consequence of the fact that he has surrendered [F43them]to a constable or authorised person (within the meaning of Part III of the M1Road Traffic Offenders Act 1988) on receiving a fixed penalty notice given to him under section 54 of that Act, he does not fail to comply with the duty if he surrenders the licence [F44and its counterpart]to the Secretary of State immediately on [F45their]return.

(7)On the surrender of a licence [F46and its counterpart]by any person in pursuance of subsection (3) or (4) above, the Secretary of State—

(a)must, except where the licence was granted in error [F47or the licence and its counterpart are]surrendered in pursuance of subsection (3) above in consequence of an error or omission appearing to the Secretary of State to be attributable to that person’s fault or in consequence of a current disqualification, and

(b)may in such an excepted case which does not involve a current disqualification,

grant to that person free of charge a new licence for such period (subject to subsection (8) below) that it expires on the date on which the surrendered licence would have expired had it not been surrendered.

(8)Where the period for which the surrendered licence was granted was based on an error with respect to the licence holder’s date of birth such that, if that error had not been made, that licence would have been expressed to expire on a different date, the period of the new licence shall be such that it expires on that different date.

Textual Amendments

F33Words commencing “In so far as" substituted (1.4.1991) for words “A licence" by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 12(a)

F34S. 99(1A) inserted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 2(2)

F35S. 99(3) paras. (a)(aa) substituted for para. (a) by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 5(a)(i)

F36Words inserted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 5(a)(ii)

F37Words inserted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 5(a)(iii)

F38Words inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 12(b)

F39Words inserted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 5(b)

F40Words inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 12(c)

F41Words inserted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 5(c)(i)

F42Word substituted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 5(c)(ii)

F43Word substituted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 5(c)(iii)