C8C9 Part III Licensing of drivers of vehicles
Pt. III (ss. 87–109) restricted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(6), Sch. 1 para. 6(5)
Pt. III (ss. 87-109) restricted (1.6.1997) by 1995 c. 13, ss. 4(1), 6, Sch. 1 Pt. III para. 6(1), Pt. IV para. 9(1) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)
Pt. III (ss. 87-109) extended (1.6.1997) by 1995 c. 13, s. 5(7) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)
Pt. III (ss. 87-109) applied (1.6.1997) by 1995 c. 13, s. 9(1) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)
Granting of licences, their form and duration
97 Grant of licences.
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,
F5c
surrenders to the Secretary of State—
i
any previous licence granted to him after 1st January 1976 and its counterpart,
F6ia
any Northern Ireland licence held by him together with its Northern Ireland counterpart and its counterpart (if any) issued to him under this Part of this Act,
ii
any Community licence and its counterpart (if any) issued to him, and
iii
any British external licence or British Forces licence or exchangeable licence held by him,
or provides the Secretary of State with an explanation for not surrendering them which the Secretary of State considers adequate,
d
is not , F65...
F64i
in accordance with section 88(1B) of this Act, subject to a current disqualification which is relevant to the licence he applies forF66or
ii
subject to a current disqualification under the law of an EEA State (other than the United Kingdom) which relates to vehicles of the class, or of a class corresponding to the class, to which the application relates and was imposed while the person was the holder of a licence granted under the law of that State; and
F91A
Where any licence to be granted to an applicant would be in the form of a photocard, the Secretary of State may under subsection (1)(a) and (b) above in particular require him to provide a photograph which is a current likeness of him.
F101AA
Where a licence under this Part of this Act is granted to a person who surrenders under sub-paragraph (ia) of subsection (1)(c) above his Northern Ireland licence together with the counterparts mentioned in that sub-paragraph to the Secretary of State—
a
that person ceases to be authorised by virtue of section 109(1) of this Act to drive in Great Britain a motor vehicle of any class, and
b
the Secretary of State must send the Northern Ireland licence and its Northern Ireland counterpart to the licensing authority in Northern Ireland together with particulars of the class of motor vehicles to which the licence granted under this Part of this Act relates.
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.
C13
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, F11. . .
F62d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C2F12e
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 F13or moped 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 F14bicycleF13or moped on the road as part of the training.
F153A
Regulations may make provision as respects the training in the driving of motor bicycles F16and mopeds of persons wishing to obtain licences authorising the driving of such motor F17bicyclesF16and mopeds 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;
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 F18bicycleF19or moped 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
b
beginning at such other time as may be prescribed.
F635
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F636
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F207
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
98 Form of licence.
F211
A licence shall be in the form of a photocard of a description specified by the Secretary of State or such other form as he may specify and—
a
the licence shall 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
the licence shall specify (in such manner as the Secretary of State may determine) the restrictions on the driving of vehicles of any class in pursuance of the licence to which its holder is subject by virtue of section 101 of this Act and any conditions on the driving of vehicles of any class in pursuance of the licence to which its holder is subject by virtue of section 92(7ZA) of this Act, and
c
in the case of a provisional licence, the licence or its counterpart shall specify (in such manner as the Secretary of State may determine) the conditions subject to which it is granted.
F211A
The Secretary of State may specify different descriptions of photocards, and different forms of licences not in the form of a photocard, for different cases and may determine the form of licence to be granted in any case.
C3C4C10C11C12C132
Subject to subsections (3) F22, (4) and (4A) below, a F23person who holds a licence which authorises its holder to drive motor vehicles of certain classes only (not being—
F24a
a provisional licence, or
b
any other prescribed description of licence)
F25maydrive 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.
C53
F26Subsection (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
F69b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In such cases F29or as respects such classes of vehiclesas 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.
F304A
F31Subsection (2) above does notauthorise 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.
F325
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
98AF58Compulsory surrender of old-form licences
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 F54and 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 F55(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 F56(with its counterpart) in pursuance of the order who—
a
pays such fee (if any) as is specified by the order, F59...
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).F60 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 F57and 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.
C799 Duration of licences.
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.
F341A
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 F35bicycleF36or mopedof 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
ii
in such circumstances as may be prescribed, for a period equal to that remainder at the time of surrender or revocation.
F702A
Where in accordance with the preceding provisions of this section, a licence in the form of a photocard remains in force after the last day of the administrative validity period, the holder of the licence must nevertheless surrender the licence and its counterpart to the Secretary of State not later than that day.
2B
Subject to subsections (2C) to (2H), the administrative validity period of a licence in the form of a photocard is—
a
where the licence authorises its holder to drive any class of goods vehicle or passenger-carrying vehicle prescribed for the purposes of subsection (1A) otherwise than for a purpose mentioned in section 97(2) or by virtue of section 98(2), the period of 5 years beginning with the date shown on the licence as the date of issue; and
b
in any other case, the period of 10 years beginning with the date shown on the licence as the date of issue.
2C
In the case of a licence issued before 19th January 2013, the administrative validity period is the period of 10 years beginning with—
a
the date shown on the licence as the date of issue, or
b
if the licence was granted by way of renewal or replacement of a licence bearing the same photograph, the date shown on the earliest licence bearing that photograph as the date of issue of that licence.
2D
Where under subsection (3) or (4) a person is required to surrender a licence and the Secretary of State grants a new licence under subsection (7), the administrative validity period of the new licence is—
a
a period equal to the unexpired part of the administrative validity period of the old licence; or
b
if that person so elects in such manner as the Secretary of State may require and pays any fee prescribed, a new administrative validity period calculated in accordance with subsection (2B).
2E
Subject to subsection (2F), where under section 97 the Secretary of State grants a licence (the “new licence”) to a person who has previously held a licence, the administrative validity period of the new licence is—
a
a period equal to the unexpired part (if any) of the administrative validity period of the person’s last licence (the “old licence”), or
b
if the person so elects in such manner as the Secretary of State may require and pays any fee prescribed, a new administrative validity period calculated in accordance with subsection (2B).
2F
Subsection (2E) does not apply if—
a
the old licence was revoked by notice under section 93(1) or (2) (revocation because of disability or prospective disability);
b
the old licence did not authorise the holder to drive any class of goods vehicle or passenger-carrying vehicle prescribed for the purposes of subsection (1A) otherwise than for a purpose mentioned in section 97(2) or by virtue of section 98(2), and the new licence does; or
c
the old licence was granted only for a purpose mentioned in section 97(2) and the new licence is a full licence.
2G
Subsections (2C)(b), (2D)(a) and (2E)(a) are subject to any adjustment the Secretary of State makes in a new licence to correct an error that appears to the Secretary of State to have been made in particulars specified in an earlier licence.
2H
Where the administrative validity period of a licence under any of subsections (2B) to (2E) would otherwise be longer than the period for which the licence remains in force under subsection (1) or (1A) (the “entitlement period”), the administrative validity period ends with the last day of the entitlement period.
3
Where it appears to the Secretary of State—
F37a
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 F38or 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,
F413A
Where—
a
the Secretary of State is sent under a provision of Northern Ireland law corresponding to section 97(1AA) of this Act a licence granted under this Part of this Act to a person to drive a motor vehicle of any class, and
b
the Secretary of State is satisfied that a Northern Ireland licence to drive a motor vehicle of that or a corresponding class has been granted to that person,
the Secretary of State must serve notice in writing on that person revoking the licence granted under this Part of this Act.
4
5
6
Where a person who has a duty under this section to surrender his licence F46and its counterpart is not in possession of F47them in consequence of the fact that he has surrendered F48them 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 F49and its counterpart to the Secretary of State immediately on F50their return.
F616A
In subsection (7ZZA)—
a
omit “and its counterpart” in both places, and
b
omit “and counterpart”.
F51F537
On the surrender of a licence and its counterpart by a person in pursuance of subsection (2A), (3) or (4) above, the Secretary of State must (subject to the following provisions of this section) grant a new licence to that person F52. . . .
F717ZZA
Where a person is required to surrender a licence and its counterpart in pursuance of subsection (2A), (3) or (4) but provides the Secretary of State with an explanation for not doing so which the Secretary of State considers adequate, the Secretary of State may (subject to the following provisions of this section) treat the licence and its counterpart as surrendered in accordance with the requirements of those subsections and may grant a new licence and counterpart to that person.
F537ZA
The Secretary of State is not required by subsection (7) above to grant a new licence on the surrender of a licence and its counterpart by a person in pursuance of subsection (2A) above F73, or in pursuance of subsection (3) or (4) where an election is made under subsection (2D)(b), unless the person has paid the fee (if any) which is prescribed; but any other licence under F74subsection (7) is to be granted free of charge.
F517A
Where the surrendered licence was revoked because it was granted in error or in consequence of an error or omission appearing to the Secretary of State to be attributable to the fault of the licence holder or in consequence of a current disqualification, F76subsections (7) and (7ZZA) shall not apply but the Secretary of State may, if the person is not currently disqualified, grant a new licence to that person on payment of the fee (if any) which is prescribed.
F517B
The Secretary of State may require a person to provide—
a
evidence of his name, address, sex and date and place of birth, F77...
b
a photograph which is a current likeness of him,F78and
c
any information required by subsection (7C),
before granting a new licence to him under subsection (7) F79, (7ZZA) or (7A) above.
F727C
In a case where—
a
a person surrenders a licence, and
b
the surrender is in pursuance of subsection (2A) or an election has otherwise been made under subsection (2D)(b) or (2E)(b),
the person must provide such evidence or further evidence as the Secretary of State may require for the purpose of satisfying the Secretary of State that the person is not suffering from a relevant or prospective disability.
F518
A replacement licence granted pursuant to subsection (7)F75, (7ZZA) or (7A) above shall expire on the date on which the surrendered licence would have expired had it not been surrendered except that, 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 replacement licence shall expire on that different date.
Pt. III (ss. 87–109) excluded by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), s. 37(3)