Road Traffic Act 1988 (c. 52)

[F1 Part IV E+W+S Licensing of drivers of large goods vehicles and passenger-carrying vehicles.]

Textual Amendments

F1 Pt. IV (ss. 110–122): by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(1)(2)(7), 16, Sch. 6 it is provided that Pt. IV (entitled "Licensing of drivers of heavy goods vehicles") shall cease to have effect and is repealed (1.4.1991) and by s. 2(1) of that 1989 Act (coming into force 1.4.1991) it is provided that there shall be inserted as Part IV (entitled "Licensing of drivers of large goods vehicles and passenger-carrying vehicles") of this 1988 Act the provisions set out in Schedule 2 to that 1989 Act which: (a) apply both to the licensing of the drivers of large goods vehicles and to the licensing of the drivers of passenger-carrying vehicles (as there defined); and (b) re-enact and assimilate certain of the provisions of Part IV of the 1988 Act (as originally enacted) and of section 22 of the Public Passenger Vehicles Act 1981 (c. 14) to take account of the abolition by section 1 above of special licences to drive heavy goods vehicles and public service vehicles and the granting after the appointed day of licences to drive such vehicles under Part III of the 1988 Act

Modifications etc. (not altering text)

C1 Pt. IV (ss. 110–122) amended by S.I. 1990/144, regs. 2(1), 3, Sch. 3 para. 2

Pt. IV (ss. 110-112) excluded (1.1.1997) by S.I. 1996/2824, reg. 47(1)(2)

Pt. IV (ss. 110-112) applied (1.1.1997) by S.I. 1996/2824, reg. 50(1)(2)

Pt. IV (ss. 110-112) excluded (12.11.1999) by S.I. 1999/2864, reg. 50(1)-(3)

Licensing of drivers of large goods vehicles and passenger-carrying vehicles. E+W+S

[F2 115 Revocation or suspension of licences. E+W+S

(1) A large goods vehicle or passenger-carrying vehicle driver’s licence—

(a) must be revoked if there come into existence, in relation to its holder, such circumstances relating to his conduct as may be prescribed;

(b) must be revoked or suspended if his conduct is such as to make him unfit to hold such a licence;

and where the licence is suspended under paragraph (b) above it shall during the time of suspension be of no effect.

(2) Where it appears that the conduct of the holder of a licence falls within both paragraph (a) and paragraph (b) of subsection (1) above, proceedings shall be taken or continued under paragraph (a) and not under paragraph (b) and accordingly the power to suspend the licence, rather than revoke it, shall not be available.

(3) Regulations made for the purposes of [F3 this section [F4 or any of sections 115A, 117 or 117A] of this Act]—

(a) may make different provision for large goods vehicles and for passenger-carrying vehicles and for different descriptions of persons; and

(b) shall provide for the determination of the cases in which,

[F5 (i) under section 117 of this Act, a person whose licence has been revoked, or

F5 (ii) under section 117A of this Act, a person on whom a notice is served in pursuance of section 115A(1)(a) of this Act,]

is to be disqualified indefinitely or for a period and, if for a period, for the determination of the period.]

Textual Amendments

F2 Pt. IV (ss. 110–122): by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(1)(2)(7), 16, Sch. 6 it is provided that Pt. IV (entitled "Licensing of drivers of heavy goods vehicles") shall cease to have effect and is repealed (1.4.1991) and by s. 2(1) of that 1989 Act (coming into force 1.4.1991) it is provided that there shall be inserted as Part IV (entitled "Licensing of drivers of large goods vehicles and passenger-carrying vehicles") of this 1988 Act the provisions set out in Schedule 2 to that 1989 Act which: (a) apply both to the licensing of the drivers of large goods vehicles and to the licensing of the drivers of passenger-carrying vehicles (as there defined); and (b) re-enact and assimilate certain of the provisions of Part IV of the 1988 Act (as originally enacted) and of section 22 of the Public Passenger Vehicles Act 1981 (c. 14) to take account of the abolition by section 1 above of special licences to drive heavy goods vehicles and public service vehicles and the granting after the appointed day of licences to drive such vehicles under Part III of the 1988 Act

F3 Words in s. 115(3) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 64; S.I. 1992/1286, art. 2, Sch.

F4 Words in s. 115(3) substituted (23.7.1996 for specified purposes and otherwise 1.1.1996) by S.I. 1996/1974, reg. 2, Sch. 1 para. 23(a)

F5 S. 115(3)(b)(i)(ii) substituted for words in s. 115(3)(b) (23.7.1996 for specified purposes and otherwise (1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 23(b)