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Version Superseded: 01/12/2023
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Road Traffic Act 1988, Section 126 is up to date with all changes known to be in force on or before 03 September 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.
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(1)Unless previously removed under the following provisions of this Part of this Act, the name of a person shall, subject to subsection (2) below, be removed from [F1Part 1 of] the register at the end of the period of four years beginning with—
(a)the first day of the month next after that in which the entry of his name was made, or
(b)where his name has been retained in the register under section 127 of this Act, the day with which the last further period for which his name was so retained began.
(2)If an application for the retention of his name in the register is made under section 127 of this Act before the end of that period, the name must not be removed except in pursuance of a decision of the Registrar having effect under that section.
(3)Where a person whose name has been removed from the register under subsection (1) above applies under section 125(2) of this Act for his name to be entered again in the register, he shall be required again to pass the examination mentioned in section 125(3)(a) of this Act unless the application is made before the end of the period of one year beginning with the end of the period of four years mentioned in subsection (1) above.
[F2(3A)Unless previously removed under the following provisions of this Part of this Act, the name of a person shall be removed from Part 2 of the register if the declaration or renewal under regulation 15 of the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059) by virtue of which the name of the person was entered in the register is not renewed within one year of being made.]
[F3(4)[F4Where a registered disabled instructor whose name has been removed from the register under subsection (1) above applies under section 125A(1) of this Act for his name to be entered again in the register as that of a disabled instructor, he shall be required again to pass the examination mentioned in section 125A(6)(a) of this Act unless the application is made before the end of the period of one year beginning with the end of the period of four years mentioned in subsection (1) above.]]
Textual Amendments
F1Words in s. 126(1) inserted (9.12.2016 until the commencement of 2006 c. 49, Sch. 6) by The Driving and Motorcycle Riding Instructors (Recognition of European Professional Qualifications) Regulations 2016 (S.I. 2016/1089), regs. 1, 2(5)(a) (which amendment falls due to the omission of the affecting provision (1.12.2023) by virtue of S.I. 2023/1286, reg. 1, Sch. 4 para. 7(2)(d))
F2S. 126(3A) inserted (9.12.2016 until the commencement of 2006 c. 49, Sch. 6) by The Driving and Motorcycle Riding Instructors (Recognition of European Professional Qualifications) Regulations 2016 (S.I. 2016/1089), regs. 1, 2(5)(b) (which amendment falls due to the omission of the affecting provision (1.12.2023) by virtue of S.I. 2023/1286, reg. 1, Sch. 4 para. 7(2)(d))
F3S. 126(4) inserted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 4; S.I. 1996/1980, art. 2
F4S. 126(4) omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 19; S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)
Modifications etc. (not altering text)
C1S. 126 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)
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