Road Traffic Act 1988

105 Regulations. E+W+S

(1) The Secretary of State may make regulations for any purpose for which regulations may be made under the provisions of this Part of this Act and the relevant provisions of the Road Traffic Offenders Act 1988 and for prescribing anything which may be prescribed under any of those provisions, and otherwise for the purpose of carrying any of those provisions into effect.

(2) In particular, but without prejudice to the generality of subsection (1) above, the regulations may make provision with respect to—

F1 [(a) licences under this Part of this Act, [F2 Northern Ireland licences,] [F3 EU] licences and counterparts of such licences,

(b) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(c) preventing a person holding more than one licence,

(d) facilitating identification of holders of licences,

(e) providing for the issue of F5 [F6 . . . licences and counterparts of licences in the place of licences or counterparts of licences]lost or defaced on payment of such fee [F7 , and compliance with such requirements,] as may be prescribed,

[F8 (ea) providing for the issue of new counterparts [F9 of Northern Ireland licences or] of [F3 EU] licences in the place of counterparts [F10 of Northern Ireland licences or (as the case may be)] of [F3 EU] licences that are lost or defaced,]

[F11 (ee) the correspondence F12 . . . of one class of motor vehicle with another class of motor vehicle or of one test of competence to drive with another (whatever the law under which the classification is made or the test conducted),]

(f) the effect of a change in the classification of motor vehicles F13 . . . on licences then in force or issued or on the right to or the subsequent granting of licences [F14 or on [F15 Northern Ireland licences or] [F3 EU] licences then in force], and

(g) enabling a person—

(i) whose entitlement to the grant of a licence to drive a class of motor vehicle is preserved by regulations made by virtue of paragraph (f) above, and

(ii) who satisfies such conditions as may be prescribed,

to drive (and be employed in driving) that class of motor vehicle while he applies for the licence to be granted to him,

and different regulations may be made as respects different classes of vehicles or as respects the same class of vehicles in different circumstances.

(3) The regulations may—

(a) make different provision for different circumstances,

(b) provide for exemptions from any provision of the regulations, and

(c) contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the regulations,

and nothing in the other provisions of this Part of this Act shall be construed as prejudicing the generality of the preceding provisions of this subsection.

(4) Any fee prescribed under this Part of this Act shall be of an amount approved by the Treasury, and different fees may be prescribed for different circumstances [F16 and (in particular) in relation to licences in different forms].

(5) In subsection (1) above “the relevant provisions of the M1 Road Traffic Offenders Act 1988” means the following provisions of that Act: sections 2, 7, 8, 23 to 26, 27, 31 [F17 , 34 [F18 , 35] to 48, [F19 and 91ZA to] 91B].

Textual Amendments

F1 S. 105(2)(a)(b) substituted (23.7.1996) by S.I. 1996/1974, reg. 2, Sch. 1 para. 17(a)

F2 Words in s. 105(2)(a) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 23(a)(i); S.I. 2004/2624, art. 2(2)(b)

F3 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))

F4 S. 105(2)(b) repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26, ss. 112(1)(2), 116(6), Sch. 7 para. 130, {Sch. 8 Pt. 13}

F5 Word in s. 105(2)(e) repealed (1.7.1998) by S.I. 1998/1420, regs. 10(2)(a), 17, Sch.

F6 Words substituted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 6(c)

F7 Words in s. 105(2)(e) inserted (1.7.1998) by S.I. 1998/1420, reg. 10(2)(b)

F8 S. 105(2)(ea) inserted (23.7.1996) by S.I. 1996/1974, reg. 2, Sch. 1 para. 17(b)

F9 Words in s. 105(2)(ea) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 23(a)(iii); S.I. 2004/2624, art. 2(2)(b)

F10 Words in s. 105(2)(ea) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 23(a)(iii); S.I. 2004/2624, art. 2(2)(b)

F11 S. 105(2)(ee) inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 14

F12 Words in s. 105(2)(ee) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch.

F13 Words in s. 105(2)(f) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch.

F14 Words in s. 105(2)(f) inserted (23.7.1996) by S.I. 1996/1974, reg. 2, Sch. 1 para. 17(c)

F15 Words in s. 105(2)(f) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 23(a)(iv); S.I. 2004/2624, art. 2(2)(b)

F16 Words in s. 105(4) inserted (1.7.1998) by S.I. 1998/1420, reg. 10(3)

F17 Words in s. 105(5) substituted (23.7.1996) by S.I. 1996/1974, reg. 2, Sch. 1 para. 17(3)

F18 Words in s. 105(5) inserted (8.11.2006) by Road Safety Act 2006 (c. 49), ss. 58(2), 61(9)

F19 Words in s. 105(5) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 23(b); S.I. 2004/2624, art. 2(2)(b)

Modifications etc. (not altering text)

C1 S. 105 modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), art. 27

Marginal Citations

M1 1988 c. 53.