Road Traffic Act 1988

Valid from 11/10/2004

[F1 109B Revocation of authorisation conferred by Northern Ireland licence because of disability or prospective disability E+W+S

(1) If the Secretary of State is at any time satisfied on inquiry—

(a) that a Northern Ireland licence holder is suffering from a relevant disability, and

(b) that he would be required by virtue of section 92(3) of this Act to refuse an application made by the holder at that time for a licence authorising him to drive a vehicle of the class in respect of which his Northern Ireland licence was issued or a class corresponding to that class,

he may serve notice in writing requiring the licence holder to deliver immediately to the Secretary of State his Northern Ireland licence together with its Northern Ireland counterpart and its counterpart (if any) issued to him under this Part of this Act (“the relevant counterparts”).

(2) If the Secretary of State is satisfied on inquiry that a Northern Ireland licence holder is suffering from a prospective disability, he may—

(a) serve notice in writing on the Northern Ireland licence holder requiring him to deliver immediately to the Secretary of State his Northern Ireland licence together with the relevant counterparts, and

(b) on receipt of the Northern Ireland licence and those counterparts and of an application made for the purposes of this subsection, grant to the Northern Ireland licence holder, free of charge, a licence for a period determined by the Secretary of State under section 99(1)(b) of this Act.

(3) The Secretary of State may require a person to provide—

(a) evidence of his name, address, sex and date and place of birth, and

(b) a photograph which is a current likeness of him,

before granting a licence to him on an application for the purposes of subsection (2) above.

(4) A person who—

(a) is required under, or by virtue of, this section to deliver to the Secretary of State his Northern Ireland licence and the relevant counterparts, but

(b) without reasonable excuse, fails to do so,

is guilty of an offence.

(5) Where a Northern Ireland licence holder to whom a counterpart is issued under section 109A of this Act—

(a) is required under, or by virtue of, this section to deliver his Northern Ireland licence and that counterpart to the Secretary of State, and

(b) is not in possession of them in consequence of the fact that he has surrendered them to a constable or authorised person (within the meaning of Part 3 of the Road 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 any such requirement if he delivers them to the Secretary of State immediately on their return.

(6) Where a Northern Ireland licence holder is served with a notice in pursuance of this section, he shall cease to be authorised by virtue of section 109(1) of this Act to drive in Great Britain a motor vehicle of any class from such date as may be specified in the notice, not being earlier than the date of service of the notice.

(7) Where a Northern Ireland licence is delivered to the Secretary of State in pursuance of this section, he must—

(a) send the licence and its Northern Ireland counterpart to the licensing authority in Northern Ireland, and

(b) explain to them his reasons for so doing.]

Textual Amendments

F1 Ss. 109B, 109C inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 79(2), 94; S.I. 2004/2624, art. 2(2)(a)