Road Traffic Act 1988 (c. 52)

(The document as of February, 2008)

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79 Further provisions relating to weighing of motor vehicles

(1) Where a motor vehicle or trailer is weighed under section 78 of this Act, a certificate of weight must be given to the person in charge of the vehicle, and the certificate so given shall exempt the motor vehicle and the trailer, if any, from being weighed so long as it is during the continuance of the same journey carrying the same load.

(2) On production of his authority--

(a) a certifying officer appointed under the [1981 c. 14.] Public Passenger Vehicles Act 1981, or

(b) an examiner appointed under section 68 (1) of this Act, or

may at any time exercise with respect to the weighing of vehicles of a class prescribed for the purposes of section 63 of this Act and goods vehicles generally all such powers with respect to the weighing of motor vehicles and trailers as are exercisable under section 78 of this Act by a constable authorised as mentioned in subsection (8) of that section.

(3) The provisions of section 78 of this Act shall apply accordingly in relation to vehicles of a class so prescribed and goods vehicles generally--

(a) as if references to a constable so authorised included references to such a certifying officer, examiner or officer of the Secretary of State, and

(b) as if the reference in subsection (6) to the authority on whose behalf the requirement is made were a reference to the Secretary of State, and

(c) as if the reference in that subsection to the Secretary of State were a reference, in relation to England and Wales, to the Lord Chief Justice of England and, in relation to Scotland, to the Lord President of the Court of Session.

(4) A certificate in the prescribed form which--

(a) purports to be signed by an authorised person (within the meaning of section 78 of this Act) or by a person exercising powers by virtue of subsection (2) above, and

(b) states, in relation to a vehicle identified in the certificate, any weight determined in relation to that vehicle on the occasion of its being brought to a weighbridge or other machine in pursuance of a requirement under section 78(1) of this Act,

shall be evidence (in Scotland, sufficient evidence) of the matter so stated.

(5) If, for the purposes of or in connection with the determination of any weight in relation to a vehicle which is brought to a weighbridge or other machine as mentioned in section 78(1) of this Act, an authorised person (within the meaning of that section) or a person exercising powers by virtue of subsection (2) above--

(a) drives a vehicle or does any other thing in relation to a vehicle or its load or a trailer or its load, or

(b) requires the driver of a vehicle to drive it in a particular manner or to a particular place or to do any other thing in relation to a vehicle or its load or a trailer or its load,

neither he nor any person complying with such a requirement shall be liable for any damage to or loss in respect of the vehicle or its load or the trailer or its load unless it is shown that he acted without reasonable care.

80 Approval marks

(1) Where any international agreement to which the United Kingdom is a party or a Community obligation provides--

(a) for markings to be applied--

(i) to motor vehicle parts of any description to indicate conformity with a type approved by any country, or

(ii) to a motor vehicle to indicate that the vehicle is fitted with motor vehicle parts of any description and either that the parts conform with a type approved by any country or that the vehicle is such that as so fitted it conforms with a type so approved, and

(b) for motor vehicle parts or, as the case may be, motor vehicles, bearing those markings to be recognised as complying with the requirements imposed by the law of another country,

the Secretary of State may by regulations designate the markings as approval marks, and any markings so designated shall be deemed for the purposes of the [1968 c. 29.] Trade Descriptions Act 1968 to be a trade description, whether or not the markings fall within the definition of the expression in section 2 of that Act.

(2) Any person who, without being authorised by the competent authority to apply any approval mark, applies that mark or a mark so nearly resembling it as to be calculated to deceive is guilty of an offence under the Trade Descriptions Act 1968, whether or not he would be guilty of such an offence apart from this subsection.

(3) The conditions subject to which approval of any type may be given on behalf of the United Kingdom or the use of approval marks indicating conformity with a type approved by the United Kingdom may be authorised may include such conditions as to testing or inspection and the payment of fees as the Secretary of State may impose.

(4) In this section--

"motor vehicle" means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle,
"motor vehicle part" means any article made or adapted for use as part of a mechanically propelled vehicle or a vehicle drawn by a mechanically propelled vehicle, or for use as part of the equipment of any such vehicle, and shall be treated as including any equipment for the protection of drivers or passengers in or on a motor vehicle notwithstanding that it does not form part of, or of the equipment of, that vehicle, and
"the competent authority" means--

(a) as respects any approval marks indicating conformity with a type approved by the United Kingdom, the Secretary of State, and

(b) as respects any approval marks indicating conformity with a type approved by any other country, the authority having power under the law of that country to authorise the use of that mark.

Pedal cycles and horse-drawn vehicles

81 Regulation of brakes, bells etc., on pedal cycles.

(1) The Secretary of State may make regulations as to the use on roads of cycles, their construction and equipment and the conditions under which they may be so used.

(2) In particular, but without prejudice to the generality of subsection (1) above, the regulations may make provision as to--

(a) the number, nature and efficiency of brakes and their maintenance in proper working order,

(b) the appliances to be fitted for signalling approach and their maintenance in proper working order, and

(c) the testing and inspection, by persons authorised under the regulations, of any equipment prescribed under this section and of lighting equipment and reflectors.

(3) Regulations under this section may provide for repealing byelaws dealing with the same subject-matter as the regulations, and for suspending while the regulations remain in force any power of making such byelaws.

(4) Regulations under this section may be made so as to apply either generally or in such circumstances only as may be specified in the regulations.

(5) Regulations under this section as to the use on roads of cycles may prohibit the sale or supply, or the offer of a sale or supply, of a cycle for delivery in such a condition that the use of it on a road in that condition would be a contravention of the regulations, but no provision made by virtue of this subsection shall affect the validity of any contract or any rights arising under a contract.

(6) If a person sells or supplies or offers to sell or supply a cycle in contravention of any prohibition imposed by regulations made by virtue of subsection (5) above, he is guilty of an offence, unless he proves--

(a) that it was sold, supplied or offered for export from Great Britain, or

(b) that he had reasonable cause to believe that it would not be used on a road in Great Britain, or would not be so used until it had been put into a condition in which it might lawfully be so used.

82 Regulation of brakes on horse-drawn vehicles

(1) The Secretary of State may make regulations for regulating the number, nature and use of brakes, including skid pans and locking-chains, in the case of vehicles drawn by horses or other animals, or any class of such vehicles, when used on roads.

(2) Regulations under this section may be made for securing that such brakes are efficient and kept in proper working order, and for empowering persons authorised by or under the regulations to test and inspect any such brakes, whether on a road or elsewhere.

(3) Regulations under this section may provide for repealing byelaws dealing with the same subject matter as the regulations, and for suspending while the regulations remain in force any power of making such byelaws.

(4) Regulations under this section may be made so as to apply either generally or in such circumstances only as may be specified in the regulations.

Miscellaneous

83 Offences to do with reflectors and tail lamps

A person who sells, or offers or exposes for sale, any appliance adapted for use as a reflector or tail lamp to be carried on a vehicle in accordance with the provisions of this Act or of any regulations made under it, not being an appliance which complies with the construction and use requirements applicable to a class of vehicles for which the appliance is adapted, is guilty of an offence.

84 Appointment of officials and destination of fees

(1) Subject to the consent of the Treasury as to number, the Secretary of State may appoint such officers and servants as he considers necessary for the operation of the provisions of sections 68 to 73 of this Act.

(2) There shall be paid to goods vehicles examiners appointed for the purposes of sections 68 to 73 of this Act such remuneration or salaries and such allowances (if any) as the Secretary of State may, with the consent of the Treasury, determine.

(3) In every year there shall be paid out of monies provided by Parliament such sums as the Secretary of State may, with the consent of the Treasury, direct in respect of the remuneration, salaries and allowances under subsection (2) above and the other expenses of examiners.

(4) Any sum received by the Secretary of State in pursuance of sections 45, 46, 49 to 51, 54 to 62, 72(9) and 80 of this Act shall be paid into the Consolidated Fund.

85 Interpretation of Part II

In this Part of this Act--

"the Community Recording Equipment Regulation" means Council Regulation (EEC) No. 3821/85 [OJ No. L370/8 of 31.12.85.] of 20th December 1985 on recording equipment in road transport, as read with the [S.I. 1986/1456.] Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986, the [S.I.1986/1669.] Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) (Amendment) Regulations 1986 and the [S.I. 1987/805.] Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) (Amendment) Regulations 1987,
"licensing authority" means a licensing authority for the purposes of Part V of the [1968 c. 73.] Transport Act 1968,
"official testing station" means a testing station maintained by the Secretary of State under section 72(8) of this Act,
"prescribed" means prescribed by regulations made by the Secretary of State,
"sold or supplied by retail" means sold or supplied otherwise than to a person acquiring solely for the purpose of resale or of re-supply for a valuable consideration,
"tail lamp" means, in relation to a vehicle, any lamp carried attached to the vehicle for the purpose of showing a red light to the rear in accordance with regulations under section 41 of this Act,
"traffic area" has the same meaning as in the [1981 c. 14.] Public Passenger Vehicles Act 1981, and
"vehicle part" means any article which is a motor vehicle part, within the meaning of section 80 of this Act, and any other article which is made or adapted for use as part of, or as part of the equipment of, a vehicle which is intended or adapted to be used on roads but which is not a motor vehicle within the meaning of that section.

86 Index to Part II

The expressions listed in the left-hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Part of this Act listed in the right-hand column in relation to those expressions.

Certificate of conformity	Section 57(1)
Community Recording Equipment Regulation	Section 85
Construction and use requirements	Section 41(7)
Design weights	Section 54(3)
Examination for plating	Section 49(4)
Goods vehicle examiner	Section 68(2)
Goods vehicle test	Section 49(4)
Goods vehicle test certificate	Section 49(2)(b)
Licensing authority	Section 85
Minister's approval certificate	Section 58(1)
Official testing station	Section 85
Plating certificate	Section 49(2)(a)
Plated particulars	Section 41(7)
Plated weights	Section 41(7)
Prescribed	Section 85
Relevant aspects of design, construction, equipment and marking	Section 54(6)
Sold or supplied by retail	Section 85
Tail lamp	Section 85
Test certificate	Section 45(2)
Traffic area	Section 85
Type approval certificate	Section 55(2)
Type approval requirements	Section 54(1)
Vehicle part	Section 85

Part III Licensing of drivers of vehicles

Requirement to hold licence

87 Drivers of motor vehicles to have driving licences

(1) It is an offence for a person to drive on a road a motor vehicle of any class if he is not the holder of a licence authorising him to drive a motor vehicle of that class.

(2) It is an offence for a person to cause or permit another person to drive on a road a motor vehicle of any class if that other person is not the holder of a licence authorising him to drive a motor vehicle of that class.

88 Exceptions

(1) Notwithstanding section 87 of this Act, a person may drive or cause or permit another person to drive a vehicle of any class if--

(a) the driver has held a licence to drive vehicles of that class or an exchangeable licence to drive vehicles of a category corresponding to that class and (in either case) is entitled to obtain a licence to drive vehicles of that class, and

(b) an application by the driver for the grant of such a licence for a period which includes that time has been received by the Secretary of State or such a licence granted to him has been revoked or surrendered in pursuance of section 99 of this Act, and

(c) any conditions which by virtue of section 97(3) or 98(2) of this Act apply to the driving under the authority of the licence of vehicles of that class are complied with.

(2) The benefit of subsection (1) above does not extend--

(a) beyond the date when a licence is granted in pursuance of the application mentioned in subsection (1)(b) above or (as the case may be) in pursuance of section 99(7) of this Act in consequence of the revocation or surrender so mentioned, or

(b) in a case where a licence is not in fact so granted, beyond the expiration of the period of one year or such shorter period as may be prescribed, beginning on the date of the application or (as the case may be) the revocation or surrender mentioned in subsection (1)(b) above.

(3) The Secretary of State may by regulations provide that subsection (1) above shall also apply (where the requirements of that subsection are otherwise met) in the case of a person who has not previously held a licence to drive vehicles of the relevant class.

(4) Regulations made by virtue of subsection (3) above shall, if not previously revoked, expire at the end of the period of one year beginning with the day on which they came into operation.

(5) Regulations may provide that a person who becomes resident in Great Britain shall, during the prescribed period after he becomes so resident, be treated for the purposes of section 87 of this Act as the holder of a licence authorising him to drive motor vehicles of the prescribed classes if--

(a) he satisfies the prescribed conditions, and

(b) he is the holder of a permit of the prescribed description authorising him to drive vehicles under the law of a country outside the United Kingdom.

(6) Regulations made by virtue of subsection (5) above may provide for the application of any enactment relating to licences or licence holders, with or without modifications, in relation to any such permit and its holder respectively.

(7) Notwithstanding section 87 of this Act--

(a) a person who is not the holder of a licence may act as steersman of a motor vehicle, being a vehicle on which a speed limit of five miles per hour or less is imposed by or under section 86 of the [1984 c. 27.] Road Traffic Regulation Act 1984, under the orders of another person engaged in the driving of the vehicle who is licensed in that behalf in accordance with the requirements of this Part and Part IV of this Act, and

(b) a person may cause or permit another person who is not the holder of a licence so to act.

Tests

89 Tests of competence to drive

(1) A licence authorising the driving of motor vehicles of any class shall not be granted to any person unless he satisfies the Secretary of State--

(a) that at some time during the period of ten years ending on the date of the coming into force of the licence applied for he has passed the test of competence to drive prescribed by virtue of subsection (3) below or a test of competence which under subsection (6) below is a sufficient test, or

(b) that within that period of ten years he has held a licence authorising the driving of vehicles of that class, not being a provisional licence, a licence granted by virtue of section 99(4) of the [1960 c. 16.] Road Traffic Act 1960 or a licence which has been revoked in pursuance of section 99(3) of this Act, or

(i) he holds an exchangeable licence authorising the driving of vehicles of a category corresponding to that class, and

(ii) he is normally resident in Great Britain or (where the exchangeable licence is a Community licence) the United Kingdom but has not been so resident for more than one year, or

(d) that--

(i) within that period of ten years he has held a licence granted under a relevant external law to drive vehicles of that class, not being a licence corresponding to a provisional licence or a licence granted under any provision of that law corresponding to section 99(4) of the [1960 c. 16.] Road Traffic Act 1960, and

(ii) he is not, at the time of application for the licence, disqualified under that law for holding or obtaining a licence under it to drive vehicles of any class.

This subsection is subject to the provisions of this Part of this Act as to provisional licences and to the provisions of any regulations made by virtue of section 105(2)(f) of this Act.

(2) For the purposes of subsection (1)(d) above "relevant external law" means the law for the time being in force in Northern Ireland, that for the time being in force in the Isle of Man or that for the time being in force in any of the Channel Islands that corresponds to this Part of this Act.

(3) Regulations may make provision with respect to--

(a) the nature of tests of competence to drive for the purposes of this section,

(b) the qualifications, selection and appointment of persons by whom they may be conducted and the revocation of any appointment,

and generally with respect to such tests.

(4) In particular, regulations may, without prejudice to the generality of subsection (3) above, provide--

(a) for requiring a person submitting himself for a test to provide a vehicle for the purposes of the test,

(b) for requiring a fee, of such amount as may be specified in the regulations or, in such cases as may be prescribed, specified by such person as may be prescribed, to be paid by a person who submits himself for a test or applies for an appointment for a test,

(c) for ensuring that a person submitting himself for a test and failing to pass that test shall not be eligible to submit himself for another test by the same or any other person before the expiration of a period specified in the regulations, except under an order made by a court or sheriff under the power conferred by section 90 of this Act,

and different regulations may be made with respect to tests of competence to drive different classes of vehicles.

(5) If regulations make provision for a test of competence to drive to consist of separate parts, they may make for each part--

(a) any provision that could be made for a test not consisting of separate parts, and

(b) provision for the supply by the Secretary of State of forms for certificates evidencing the results and for charges to be made for the supply.

(6) For the purposes of subsection (1)(a) above, a test of competence shall be sufficient for the granting of a licence authorising the driving of--

(a) vehicles of any class, if at the time the test was passed it authorised the granting of a licence to drive vehicles of that class,

(b) vehicles of any classes which are designated by regulations as a group for the purposes of subsection (1)(a) above, if at the time the test was passed it authorised the granting of a licence to drive vehicles of any class included in the group.

(7) If vehicles of any classes are designated by regulations as a group for the purposes of subsection (1)(b) above, a licence authorising the driving of vehicles of a class included in the group shall be deemed for the purposes of subsection (1)(b) to authorise the driving of vehicles of all classes included in the group.

The reference in this subsection to a licence does not include a licence which has been revoked in pursuance of section 99(3) of this Act.

(8) For the purposes of this section and section 88(1) of this Act, an exchangeable licence issued in respect of a member State, country or territory shall not be treated as authorising a person to drive a vehicle of any category if--

(a) the licence is not for the time being valid for that purpose, or

(b) it was issued in respect of that category for a purpose corresponding to that mentioned in section 97(2) of this Act.

(9) Where an exchangeable licence authorises the driving of vehicles of any category and any vehicle falling within that category falls also within any of the classes designated as a group for the purposes of subsection (1)(a) above--

(a) that category shall be treated for the purposes of subsection (1)(c) above as corresponding to all classes included in the group, and

(b) where, by virtue of regulations, a person who passes a test of competence authorising the granting of a licence to drive vehicles of any class included in the group is treated as competent also to drive vehicles of a class included in another group, that category shall be treated for the purposes of subsection (1)(c) above as corresponding to all categories included in that other group.

90 Review of conduct of test

(1) On the application of a person who has submitted himself for a test of competence to drive--

(a) a magistrates' court acting for the petty sessions area in which he resides, or

(b) in Scotland, the sheriff within whose jurisdiction he resides,

may determine whether the test was properly conducted in accordance with regulations.

(2) The court or, as the case may be, sheriff may, if it appears that the test was not so conducted--

(a) order that the applicant shall be eligible to submit himself for another test before the expiration of the period specified for the purposes of section 89(4)(c) of this Act, and

(b) order that any fee payable by the applicant in respect of the test shall not be paid or, if it has been paid, shall be repaid.

(3) If regulations make provision for a test of competence to drive to consist of separate parts, this section applies in relation to each part as well as in relation to the whole of the test.

91 Repayment of test fees

A fee paid in pursuance of regulations made by virtue of section 89(4) of this Act on application for an appointment for a test may be repaid in the following cases and not otherwise--

(a) if no such appointment is made, or an appointment made is subsequently cancelled by or on behalf of the Secretary of State,

(b) if the person for whom the appointment is made gives such notice cancelling the appointment as may be prescribed for the purposes of this paragraph by regulations,

(c) if the person for whom the appointment is made keeps the appointment, but the test does not take place, or is not completed, for reasons attributable neither to him nor to any vehicle provided by him for the purposes of the test, or

(d) if an order for the repayment of the fee is made by the court or, as the case may be, sheriff under section 90 of this Act pursuant to a finding that the test was not properly conducted in accordance with the regulations.

Physical fitness

92 Requirements as to physical fitness of drivers

(1) An application for the grant of a licence must include a declaration by the applicant, in such form as the Secretary of State may require, stating whether he is suffering or has at any time (or, if a period is prescribed for the purposes of this subsection, has during that period) suffered from any relevant disability or any prospective disability.

(2) In this Part of this Act--

"disability" includes disease,
"relevant disability" in relation to any person means--

(a) any prescribed disability, and

(b) any other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public, and

"prospective disability" in relation to any person means any other disability which--

(a) at the time of the application for the grant of a licence or, as the case may be, the material time for the purposes of the provision in which the expression is used, is not of such a kind that it is a relevant disability, but

(b) by virtue of the intermittent or progressive nature of the disability or otherwise, may become a relevant disability in course of time.

(3) If it appears from the applicant's declaration, or if on inquiry the Secretary of State is satisfied from other information, that the applicant is suffering from a relevant disability, the Secretary of State must, subject to the following provisions of this section, refuse to grant the licence.

(4) The Secretary of State must not by virtue of subsection (3) above refuse to grant a licence--

(a) on account of any relevant disability which is prescribed for the purposes of this paragraph, if the applicant has at any time passed a relevant test and it does not appear to the Secretary of State that the disability has arisen or become more acute since that time or was, for whatever reason, not disclosed to the Secretary of State at that time,

(b) on account of any relevant disability which is prescribed for the purposes of this paragraph, if the applicant satisfies such conditions as may be prescribed with a view to authorising the grant of a licence to a person in whose case the disability is appropriately controlled,

(c) on account of any relevant disability which is prescribed for the purposes of this paragraph, if the application is for a provisional licence.

(5) Where as a result of a test of competence to drive the Secretary of State is satisfied that the person who took the test is suffering from a disability such that there is likely to be a danger to the public--

(a) if he drives any vehicle, or

(b) if he drives a vehicle other than a vehicle of a particular construction or design,

the Secretary of State must serve notice in writing to that effect on that person and must include in the notice a description of the disability.

(6) Where a notice is served in pursuance of subsection (5)(a) above, then--

(a) if the disability is not prescribed under subsection (2) above, it shall be deemed to be so prescribed in relation to the person who took the test, and

(b) if the disability is prescribed for the purposes of subsection (4)(c) above it shall be deemed not to be so prescribed in relation to him.

(7) Where a notice is served in pursuance of subsection (5)(b) above, any licence granted to the person who took the test shall be limited to vehicles of the particular construction or design specified in the notice.

(8) In this section "relevant test", in relation to an application for a licence, means any such test of competence as is mentioned in section 89 of this Act or a test as to fitness or ability in pursuance of section 100 of the [1960 c. 16.] Road Traffic Act 1960 as originally enacted, being a test authorising the grant of a licence in respect of vehicles of the classes to which the application relates.

(9) Without prejudice to subsection (8) above, for the purposes of subsection (4)(a) above--

(a) an applicant shall be treated as having passed a relevant test if, and on the day on which, he has passed a test of competence to drive which, under a provision of a relevant external law corresponding to subsections (3) and (4) or (6) and (7) of section 89 of this Act, either is prescribed in relation to vehicles of the classes to which the application relates or is sufficient under that law for the granting of a licence authorising the driving of vehicles of those classes, and

(b) in the case of an applicant who is treated as having passed a relevant test by virtue of paragraph (a) above, disclosure of a disability to the authority having power under the relevant external law to grant a licence to drive a motor vehicle shall be treated as disclosure to the Secretary of State.

In this subsection "relevant external law" has the meaning given by section 89(2) of this Act.

93 Revocation of licence because of disability or prospective disability

(1) If the Secretary of State is at any time satisfied on inquiry--

(a) that a licence holder is suffering from a relevant disability, and

(b) that the Secretary of State would be required by virtue of section 92(3) or (7) of this Act to refuse an application for the licence made by him at that time,

the Secretary of State may serve notice in writing on the licence holder revoking the licence with effect from such date as may be specified in the notice, not being earlier than the date of service of the notice.

(2) If the Secretary of State is at any time satisfied on inquiry that a licence holder is suffering from a prospective disability, the Secretary of State may--

(a) serve notice in writing on the licence holder revoking the licence with effect from such date as may be specified in the notice, not being earlier than the date of service of the notice, and

(b) on receipt of the licence so revoked and of an application made for the purposes of this subsection, grant to the licence holder, free of charge, a new licence for a period determined by the Secretary of State under section 99(1)(b) of this Act.

(3) A person whose licence is revoked under subsection (1) or (2) above must deliver up the licence to the Secretary of State forthwith after the revocation.

(4) Where a person whose licence is revoked under subsection (1) or (2) above--

(a) is not in possession of his licence in consequence of the fact that he has surrendered it to a constable or authorised person (within the meaning of Part III of the [1988 c. 53.] Road Traffic Offenders Act 1988) on receiving a fixed penalty notice given to him under section 54 of that Act but

(b) delivers it to the Secretary of State immediately on its return,

he is not in breach of the duty under subsection (3) above.

94 Provision of information, etc. relating to disabilities

(1) If at any time during the period for which his licence remains in force, a licence holder becomes aware--

(a) that he is suffering from a relevant or prospective disability which he has not previously disclosed to the Secretary of State, or

(b) that a relevant or prospective disability from which he has at any time suffered (and which has been previously so disclosed) has become more acute since the licence was granted,

the licence holder must forthwith notify the Secretary of State in writing of the nature and extent of his disability.

(2) The licence holder is not required to notify the Secretary of State under subsection (1) above if--

(a) the disability is one from which he has not previously suffered, and

(b) he has reasonable grounds for believing that the duration of the disability will not extend beyond the period of three months beginning with the date on which he first becomes aware that he suffers from it.

(3) A person who fails without reasonable excuse to notify the Secretary of State as required by subsection (1) above is guilty of an offence.

(4) If the Secretary of State has reasonable grounds for believing that a person who is an applicant for, or the holder of, a licence may be suffering from a relevant or prospective disability, subsection (5) below applies for the purpose of enabling the Secretary of State to satisfy himself whether or not that is the case.

(5) The Secretary of State may by notice in writing served on the applicant or holder--

(a) require him to provide the Secretary of State, within such reasonable time as may be specified in the notice, with such an authorisation as is mentioned in subsection (6) below, or

(b) require him, as soon as practicable, to arrange to submit himself for examination--

(i) by such registered medical practitioner or practitioners as may be nominated by the Secretary of State, or

(ii) with respect to a disability of a prescribed description, by such officer of the Secretary of State as may be so nominated,

for the purpose of determining whether or not he suffers or has at any time suffered from a relevant or prospective disability, or

(c) except where the application is for, or the licence held is, a provisional licence, require him to submit himself for a test of competence to drive, being a test authorising the grant of a licence in respect of vehicles--

(i) of all or any of the classes to which the application relates, or

(ii) which he is authorised to drive (otherwise than by virtue of section 98(2) of this Act) by the licence which he holds,

as the case may be.

(6) The authorisation referred to in subsection (5)(a) above--

(a) shall be in such form and contain such particulars as may be specified in the notice by which it is required to be provided, and

(b) shall authorise any registered medical practitioner who may at any time have given medical advice or attention to the applicant or licence holder concerned to release to the Secretary of State any information which he may have, or which may be available to him, with respect to the question whether, and if so to what extent, the applicant or licence holder concerned may be suffering, or may at any time have suffered, from a relevant or prospective disability.

(7) If he considers it appropriate to do so in the case of any applicant or licence holder, the Secretary of State--

(a) may include in a single notice under subsection (5) above requirements under more than one paragraph of that subsection, and

(b) may at any time after the service of a notice under that subsection serve a further notice or notices under that subsection.

(8) If any person on whom a notice is served under subsection (5) above--

(a) fails without reasonable excuse to comply with a requirement contained in the notice, or

(b) fails any test of competence which he is required to take as mentioned in paragraph (c) of that subsection,

the Secretary of State may exercise his powers under sections 92 and 93 of this Act as if he were satisfied that the applicant or licence holder concerned is suffering from a relevant disability which is not prescribed for the purposes of any paragraph of section 92(4) of this Act or, if the Secretary of State so determines, as if he were satisfied that the applicant or licence holder concerned is suffering from a prospective disability.

(9) The Secretary of State must defray any fees or other reasonable expenses of a registered medical practitioner in connection with--

(a) the provision of information in pursuance of an authorisation required to be provided under subsection (5)(a) above, or

(b) any examination which a person is required to undergo as mentioned in subsection (5)(b) above.

95 Notification of refusal of insurance on grounds of health

(1) If an authorised insurer refuses to issue to any person such a policy of insurance as complies with the requirements of Part VI of this Act on the ground that the state of health of that person is not satisfactory, or on grounds which include that ground, the insurer shall as soon as practicable notify the Secretary of State of that refusal and of the full name, address, sex and date of birth of that person as disclosed by him to the insurer.

(2) In subsection (1) above "authorised insurer" means a person or body of persons carrying on insurance business within Group 2 in Part II of Schedule 2 to the [1982 c. 50.] Insurance Companies Act 1982 and being a member of the Motor Insurers' Bureau (a company limited by guarantee and incorporated under the [1929 c. 23.] Companies Act 1929 on 14th June 1946).

96 Driving with uncorrected defective eyesight

(1) If a person drives a motor vehicle on a road while his eyesight is such (whether through a defect which cannot be or one which is not for the time being sufficiently corrected) that he cannot comply with any requirement as to eyesight prescribed under this Part of this Act for the purposes of tests of competence to drive, he is guilty of an offence.

(2) A constable having reason to suspect that a person driving a motor vehicle may be guilty of an offence under subsection (1) above may require him to submit to a test for the purpose of ascertaining whether, using no other means of correction than he used at the time of driving, he can comply with the requirement concerned.

(3) If that person refuses to submit to the test he is guilty of an offence.

Granting of licences, their form and duration

97 Grant of licences

(1) Subject to subsection (2) below and section 92 of this Act, the Secretary of State must, on payment of such fee (if any) as may be prescribed, grant a licence to a person who--

(a) makes an application for it in such manner and containing such particulars as the Secretary of State may specify,

(b) provides the Secretary of State with such evidence or further evidence in support of the application as the Secretary of State may require,

(c) surrenders to the Secretary of State any previous licence granted to him after 1st June 1970 or provides the Secretary of State with an explanation for not surrendering it which the Secretary of State considers adequate and, where the application is made by virtue of section 89(1)(c) of this Act, surrenders to the Secretary of State his exchangeable licence, and

(d) is not disqualified by reason of age or otherwise from obtaining the licence for which he makes the application and is not prevented from obtaining it by the provisions of section 89 of this Act.

(2) If the application for the licence states that it is made for the purpose of enabling the applicant to drive a motor vehicle with a view to passing a test of competence to drive, any licence granted in pursuance of the application shall be a provisional licence for that purpose, and nothing in section 89 of this Act shall apply to such a licence.

(3) A provisional licence--

(a) shall be granted subject to prescribed conditions,

(b) shall, in any cases prescribed for the purposes of this paragraph, be restricted so as to authorise only the driving of vehicles of the classes so prescribed,

(c) may, in the case of a person appearing to the Secretary of State to be suffering from a relevant disability or a prospective disability, be restricted so as to authorise only the driving of vehicles of a particular construction or design specified in the licence, and

(d) shall not authorise a person, before he has passed a test of competence to drive, to drive a motor cycle having two wheels only, unless it is a learner motor cycle (as defined in subsection (5) below) or its first use (as defined in regulations) occurred before 1st January 1982 and the cylinder capacity of its engine does not exceed 125 cubic centimetres.

(4) Regulations may authorise or require the Secretary of State to refuse a provisional licence authorising the driving of a motor cycle of a prescribed class if the applicant has held such a provisional licence and the licence applied for would come into force within the prescribed period--

(a) beginning at the end of the period for which the previous licence authorised (or would, if not surrendered or revoked, have authorised) the driving of such a motor cycle, or

(b) beginning at such other time as may be prescribed.

(5) A learner motor cycle is a motor cycle which either is propelled by electric power or has the following characteristics--

(a) the cylinder capacity of its engine does not exceed 125 cubic centimetres,

(b) the maximum power output of its engine does not exceed nine kilowatts (as measured in accordance with International Standards Organisation standard 4106-1978.09.01), and

(c) its power to weight ratio does not exceed 100 kilowatts per metric tonne, the power being the maximum power output mentioned in paragraph (b) above and the weight that mentioned in subsection (6) below.

(6) The weight referred to in subsection (5) above is the weight of the motor cycle with a full supply of fuel in its tank, an adequate supply of other liquids needed for its propulsion and no load other than its normal equipment, including loose tools.

(7) A person who fails to comply with any condition applicable to him by virtue of subsection (3) above is guilty of an offence.

98 Form of licence

(1) A licence shall be in such form as the Secretary of State may determine and shall--

(a) state whether, apart from subsection (2) below, it authorises its holder to drive motor vehicles of all classes or of certain classes only and, in the latter case, specify those classes,

(b) specify the restrictions on the driving of vehicles of any class in pursuance of the licence to which its holder is subject by virtue of the provisions of section 101 of this Act,

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10

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