Road Traffic (New Drivers) Act 1995

Revocation of test certificate E+W+S

5 (1) Where the Secretary of State— E+W+S

(a) has received a notice sent to him under [F1 section 44A, 57A or 77A of the Road Traffic Offenders Act 1988] of particulars required to be endorsed [F2 on a person's driving record] , and

(b) has received the person’s test certificate sent to him under paragraph 4(2)(b) or [F3 (4)] or is satisfied that the person has been issued with a test certificate,

the Secretary of State must by notice served on that person revoke the test certificate.

[F4 (1ZA) Where section 2(4) is disapplied by paragraph 4(3) and the appropriate person is the Secretary of State, the Secretary of State must by notice served on the person to whom the fixed penalty notice or conditional offer was given or issued revoke that person's test certificate.]

[F5 (1A) Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under sub-paragraph (1) [F6 or (1ZA)], the Secretary of State must send to the licensing authority in Northern Ireland particulars of the notice together with the Northern Ireland test certificate.

(1B) Where the Secretary of State is sent by that licensing authority particulars of a notice served on the holder of a licence under a provision of Northern Ireland law corresponding to sub-paragraph (1) [F6 or (1ZA)], he must by notice served on that person revoke his test certificate.]

(2) A revocation under [F7 this paragraph] shall have effect from a date specified in the notice of revocation which may not be earlier than the date of service of that notice.

(3) The effect of the revocation of a person’s test certificate is that any prescribed conditions to which his provisional licence ceased to be subject when he became a qualified driver shall again apply.

[F8 (4) In this paragraph and paragraph 8 references to the revocation of a person’s Northern Ireland test certificate are references to its revocation as respects Great Britain.

(5) The effect of the revocation of a person’s Northern Ireland test certificate as respects Great Britain is that any prescribed conditions to which his Northern Ireland provisional licence ceased to be subject when he became a qualified driver shall again apply for the purposes of section 109(1) of the Road Traffic Act 1988.]

Textual Amendments

F1 Words in Sch. 1 para. 5(1) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 70(4)(a); S.I. 2015/560, art. 3(a) (with arts. 4-9)

F2 Words in Sch. 1 para. 5(1) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 70(4)(b); S.I. 2015/560, art. 3(a) (with arts. 4-9)

F3 Word in Sch. 1 para. 5(1) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 70(4)(c); S.I. 2015/560, art. 3(a) (with arts. 4-9)

F4 Sch. 1 para. 5(1ZA) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 27(5)(a); S.I. 2008/3164, art. 3(b)

F5 Sch. 1 para. 5(1A)(1B) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 55(a); S.I. 2004/2624, art. 2(1)(2)(b)

F6 Words in Sch. 1 para. 5(1A)(1B) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 27(5)(b); S.I. 2008/3164, art. 3(b); S.I. 2008/3164, art. 3(b)

F7 Words in Sch. 1 para. 5(2) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 27(5)(c); S.I. 2008/3164, art. 3(b)

F8 Sch. 1 para. 5(4)(5) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 55(c); S.I. 2004/2624, art. 2(1)(2)(b)