The Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) (Amendment) (No. 3) Regulations 1992

4.  After regulation 12 (Obligatory revocation of large goods vehicle drivers' licences and disqualification on revocation) and before regulation 13 (Removal of disqualification) there shall be inserted the following regulation—

“Applicants for and holders of a licence who are disqualified by order of a court

12A— (1) Where a person who is disqualified by order of a court until he passes the appropriate driving test passes such a test on a vehicle included in category B, C1 or D1 the disqualification shall be deemed to have expired in relation to all vehicles included in category C, C plus E, D and D plus E.

(2) Subject to paragraphs (3) to (5), where a person’s licence is treated as revoked by virtue of section 37(1) of the Road Traffic Offenders Act 1988 (Effect of disqualification by order of a court) the Secretary of State may—

(a) order that person to be disqualified indefinitely or for such period as the Secretary of State thinks fit under section 117(2)(a) of the 1988 Act; or

(b) except where the licence treated as revoked by virtue of section 37(1) of the Road Traffic Offenders Act 1988 is a provisional licence, if it appears to the Secretary of State that, owing to the conduct of the person, it is expedient to require him to comply with the prescribed conditions applicable to provisional licences until he passes the test prescribed under regulation 17 for large goods vehicles or passenger-carrying vehicles of any class, order him to be disqualified for holding or obtaining a full licence until he passes such a test under section 117(2)(b) of the 1988 Act.

(3) Where a person’s licence is treated as revoked by virtue of section 37(1) of the Road Traffic Offenders Act 1988 and the Secretary of State would have been required to revoke that person’s licence under section 115(1)(a) of the 1988 Act had he not been disqualified by order of a court, the Secretary of State must order that person to be disqualified indefinitely or for a period under section 117(1) of the 1988 Act.

(4) The cases in which a person to whom paragraph (3) applies must be disqualified indefinitely or for a period shall be determined by the Secretary of State.

(5) Where the Secretary of State determines that a person to whom paragraph (3) applies is to be disqualified for a period that person shall be disqualified until he reaches 21 years of age or for such longer period as the Secretary of State may determine.”