Road Traffic (New Drivers) Act 1995

4 Re-testing. E+W+S

(1) Subject to subsection (5) and section 5, the Secretary of State may not under Part III of the M1 Road Traffic Act 1988 grant a person whose licence has been revoked under [F1 section 3] a full licence to drive any class of vehicles in relation to which the revoked licence was issued as a full licence [F2 or (as the case may be) full Northern Ireland licence] unless he satisfies the Secretary of State that within the relevant period he has passed a relevant driving test.

[F3 (1A) Subject to subsection (5), the Secretary of State may not under that Part grant a person whose Northern Ireland licence has been revoked under a provision of Northern Ireland law corresponding to section 3(1) a full licence to drive any class of vehicles in relation to which the revoked licence was issued as a full Northern Ireland licence unless he satisfies the Secretary of State as mentioned in subsection (1).]

(2) In this section “relevant driving test” means, in relation to a person whose licence has been revoked, any test which—

(a) falls within paragraph (a) or (b) of section 1(2); and

(b) is a test of competence to drive any vehicle included in any class of vehicles in relation to which the revoked licence was issued as a full licence [F4 or (as the case may be) full Northern Ireland licence].

(3) If the Secretary of State grants a full licence to a person who is required to pass a relevant driving test in order to be granted that licence, the licence granted must (subject to section 92 and Part IV of the M2 Road Traffic Act 1988) be one authorising that person to drive all the classes of vehicles in relation to which the revoked licence was issued as a full licence [F5 or (as the case may be) full Northern Ireland licence].

(4) In subsection (1) “the relevant period” means the period beginning—

(a) after the date of the revocation of the licence; and

(b) not more than two years before the date on which the application for the full licence is made.

(5) [F6 Subsections (1) and (1A) do] not apply to a person whose licence has been revoked under [F7 section 3 or whose Northern Ireland licence has been revoked under a provision of Northern Ireland law corresponding to section 3(1)] if, before he passes a relevant driving test, an order is made in relation to him under section 36 of the M3 Road Traffic Offenders Act 1988 (disqualification until test is passed).

Textual Amendments

F1 Words in s. 4(1) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 48(a)(i); S.I. 2004/2624, art. 2(1)(2)(b)

F2 Words in s. 4(1) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 48(a)(ii); S.I. 2004/2624, art. 2(1)(2)(b)

F3 S. 4(1A) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 48(b); S.I. 2004/2624, art. 2(1)(2)(b)

F4 Words in s. 4(2) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 48(c); S.I. 2004/2624, art. 2(1)(2)(b)

F5 Words in s. 4(3) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 48(c); S.I. 2004/2624, art. 2(1)(2)(b)

F6 Words in s. 4(5) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 48(d)(i); S.I. 2004/2624, art. 2(1)(2)(b)

F7 Words in s. 4(5) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 48(d)(ii); S.I. 2004/2624, art. 2(1)(2)(b)

Marginal Citations

M1 1988 c. 52.

M2 1988 c. 52.

M3 1988 c. 53.