Road Traffic (New Drivers) Act 1995
For the purposes of this Act, a person’s probationary period is, subject to section 7, the period of two years beginning with the day on which he becomes a qualified driver.
For the purposes of this Act, a person becomes a qualified driver on the first occasion on which he passes—
any test of competence to drive mentioned in paragraph (a) or (c) of section 89(1) of the Road Traffic Act 1988;
any test of competence to drive conducted under the law of
an EEA State,
the Isle of Man,
any of the Channel Islands, or
Gibraltar.
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A person satisfies the conditions in this subsection if—
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the person is convicted of an offence involving obligatory endorsement;
the penalty points to be taken into account under section 29 of the Road Traffic Offenders Act 1988 on that occasion number six or more;
the court makes an order falling within section 44(1)(b) of that Act in respect of the offence;
the person’s driving record or licence shows the date on which he became a qualified driver ...; and
the Secretary of State is required under section 44A(2) of that Act to endorse the person’s driving record with particulars of the offence and the penalty points to be attributed to it;
it appears to the Secretary of State, in the light of the order and the date so shown, that the offence was committed during the person’s probationary period.
Section 3(1) (revocation of licences) applies to a person who—
is the holder of a licence, and
satisfies the conditions in subsection (1) or (3).
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a notice containing the particulars required to be endorsed on the counterpart of the person’s licence in accordance with the order referred to in subsection (1)(d); and
on their production to the court, the person’s licence and its counterpart.
A person satisfies the conditions in this subsection if—
the person has been given a fixed penalty notice under section 54 of the Road Traffic Offenders Act 1988 or a conditional offer has been issued to the person under section 75 of that Act;
the offence to which the fixed penalty notice or the conditional offer relates is one involving obligatory endorsement;
the Secretary of State is required under section 57A(5) or 77A(2) of that Act to endorse the person’s driving record with particulars of the offence and the penalty points to be attributed to it;
the penalty points to be taken into account by the Secretary of State in respect of the offence number six or more;
the person’s driving record or licence shows the date on which the person became a qualified driver; and
it appears to the Secretary of State, in the light of the particulars of the offence to be endorsed on the person's driving record and the date so shown, that the offence was committed during the person’s probationary period.
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may not return the licence and its counterpart under section 57(3) or (4) or 77(1) of the Road Traffic Offenders Act 1988; but
must send them to the Secretary of State.
For the purposes of subsection (3)(d) the penalty points to be taken into account ... in respect of the offence are the penalty points which would have been taken into account under section 29 of the Road Traffic Offenders Act 1988 if—
the person in question had been convicted of the offence; and
the number of penalty points to be attributed to the offence on that occasion had been determined in accordance with section 28(3) of that Act.
In this section and section 3 “licence” includes a Northern Ireland licence.
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The Secretary of State must, in the case of a person to whom this subsection applies (see section 2), by notice served on the person revoke the person’s licence.
a notice sent to him under section 2(2)(a) of particulars required to be endorsed on the counterpart of a person’s licence, or
a person’s licence and its counterpart sent to him in accordance with section 2(2)(b) or (4),
A revocation under this section 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.
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Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under subsection (1) ..., the Secretary of State must send to the licensing authority in Northern Ireland—
particulars of the notice; and
if the Secretary of State is already in receipt of it, the Northern Ireland licence.
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 subsection (1) ..., he must by notice served on the holder revoke the licence.
In this section references to the revocation of a person’s Northern Ireland licence are references to its revocation as respects Great Britain; and, accordingly, the person ceases to be authorised by virtue of section 109(1) of the Road Traffic Act 1988 to drive in Great Britain a motor vehicle of any class.
Subject to subsection (5) and section 5, the Secretary of State may not under Part III of the Road Traffic Act 1988 grant a person whose licence has been revoked under section 3 a full licence to drive any class of vehicles in relation to which the revoked licence was issued as a full licence 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.
In this section “relevant driving test” means, in relation to a person whose licence has been revoked, any test which—
falls within paragraph (a) or (b) of section 1(2); and
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 or (as the case may be) full Northern Ireland licence.
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).
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 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 or (as the case may be) full Northern Ireland licence.
In subsection (1) “the relevant period” means the period beginning—
after the date of the revocation of the licence; and
not more than two years before the date on which the application for the full licence is made.
Subsections (1) and (1A) do not apply to a person whose licence has been revoked under 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 Road Traffic Offenders Act 1988 (disqualification until test is passed).
Where— the notice may also require the person to surrender the licence to the Secretary of State before the end of the period of 28 days beginning with the date on which the notice is served.
the Secretary of State is required under section 3(1) or (1B) to serve a notice on a person revoking the person’s licence, and
the Secretary of State is not already in receipt of the licence,
A person who, without reasonable excuse, fails to comply with a requirement imposed under subsection (1)—
is guilty of an offence, and
is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Where the Secretary of State receives a Northern Ireland licence pursuant to a requirement to surrender it imposed under subsection (1), the Secretary of State must send it to the licensing authority in Northern Ireland.
If the Secretary of State receives notice that a person whose licence has been revoked under section 3 is appealing against a conviction or endorsement which was the basis or formed part of the basis for the revocation, he must grant that person free of charge a full licence for a period prescribed by regulations.
Regulations under subsection (1) may in particular prescribe—
a period expiring when the appeal is finally determined or abandoned; or
a period expiring on the date on which the revoked licence would have expired if it had not been revoked.
If the regulations prescribe a period other than that mentioned in subsection (2)(a), a licence granted under subsection (1) shall be treated as revoked if—
following the appeal, the penalty points taken into account for the purposes of section 2 or (as the case may be) the provision of Northern Ireland law corresponding to that section are not reduced to a number smaller than six; or
the appeal is abandoned.
If, in the case of a person whose licence has been revoked under section 3, the Secretary of State receives notice that a court— then, subject to subsection (5), the Secretary of State must grant that person free of charge a full licence for a period expiring on the date on which the revoked licence would have expired if it had not been revoked.
has quashed a conviction which was the basis or formed part of the basis for the revocation of the licence,
has quashed an endorsement which was the basis or formed part of the basis for the revocation of the licence and has not on doing so ordered him to be disqualified, or
has made an order which has the effect of reducing the penalty points taken into account for the purposes of section 2 or (as the case may be) the provision of Northern Ireland law corresponding to that section to a number smaller than six,
Subsection (4) does not require the Secretary of State to grant a licence to a person who has been granted a previous licence which has not been surrendered unless that person provides the Secretary of State with an explanation for not surrendering the previous licence that the Secretary of State considers adequate.
If, in accordance with subsection (1) or (4), the Secretary of State grants a full licence to a person whose licence has been revoked under section 3, the licence granted must 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.
Any licence granted in accordance with subsection (1) or (4) shall have effect for the purposes of the Road Traffic Acts as if it were a licence granted under Part III of the Road Traffic Act 1988.
Regulations may make provision for requiring such courts as may be prescribed to give notice to the Secretary of State—
that a person whose licence has been or is due to be revoked under section 3(1) is appealing against a conviction or endorsement which is the basis or forms part of the basis for the revocation;
that such an appeal has been abandoned.
Regulations under this section may—
include such incidental or supplementary provision as appears to the Secretary of State to be expedient;
make different provision for different cases.
Any regulations made under this section shall be made by the Secretary of State by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Nothing in this section applies in relation to a person whose Northern Ireland licence has been revoked under section 3(1).
Schedule 1 (which makes provision about newly qualified drivers who hold test certificates) shall have effect.
For the purposes of this Act a person’s probationary period comes to an end if—
an order is made in relation to him under section 36 of the Road Traffic Offenders Act 1988 (order that a person be disqualified until he passes the appropriate driving test);
after his licence is revoked under section 3, he is granted a full licence following the passing of a test which is a relevant driving test for the purposes of section 4; or
after his test certificate is revoked under paragraph 5 of Schedule 1, or his licence and test certificate are revoked under paragraph 8 of that Schedule, he is granted a full licence following the passing of a test which is a relevant driving test for the purposes of paragraph 6 or 9 of that Schedule.
This Act applies to persons in the public service of the Crown.
Expressions used in this Act which are also used in Part III of the Road Traffic Act 1988 shall be construed in the same way as in that Act.
Expressions used in this Act which are also used in the Road Traffic Offenders Act 1988 shall be construed in the same way as in that Act.
In this Act “notice” means notice in writing.
In this Act— “ full Northern Ireland licence ” means a Northern Ireland licence other than a Northern Ireland provisional licence, “ Northern Ireland provisional licence ” means a Northern Ireland licence which corresponds to a provisional licence.
Section 107 of the Road Traffic Act 1988 (service of notices) applies to a notice served under section 3 or paragraph 5 or 8 of Schedule 1 as it applies to a notice served under Part III or IV of that Act.
Any requirement under any provision of this Act that— is a requirement that the licence, test certificate or notice must be sent, or the licence or test certificate must be surrendered, to the Secretary of State at such address as the Secretary of State may determine.
a licence, a test certificate or a notice must be sent to the Secretary of State, or
a licence or a test certificate must be surrendered to the Secretary of State,
This Act may be cited as the Road Traffic (New Drivers) Act 1995.
The provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be so appointed for different provisions.
Nothing in any provision of this Act applies to a person who becomes a qualified driver before the day on which the provision comes into force.
The consequential amendments set out in Schedule 2 shall have effect.
This Act does not extend to Northern Ireland.
Section 6.
In this Schedule “test certificate” means a certificate or other document which by virtue of regulations under section 89 of the Road Traffic Act 1988 is evidence that a person has not more than two years previously passed a test of competence to drive prescribed by virtue of such regulations. In this Schedule “prescribed conditions” means the prescribed conditions referred to in section 97(3) of the 1988 Act (subject to which provisional licences are granted). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In this Schedule “ licence ” includes a Northern Ireland licence, “ full licence ” includes a full Northern Ireland licence and “ provisional licence ” includes a Northern Ireland provisional licence. In relation to the holder of a Northern Ireland licence, the following sub-paragraphs have effect for the purposes of this Schedule. References to a test certificate are references to a certificate or other document (in this Schedule referred to as a “ Northern Ireland test certificate ”) which is evidence that he has not more than two years previously passed a Northern Ireland test of competence to drive corresponding to the test mentioned in sub-paragraph (1). References to prescribed conditions are references to conditions subject to which the Northern Ireland provisional licence was granted.
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Where— the Secretary of State must by notice served on the person revoke the person’s test certificate and this sub-paragraph applies to the person instead of section 3(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under sub-paragraph (1) ..., the Secretary of State must send to the licensing authority in Northern Ireland particulars of the notice together with , if the Secretary of State is already in receipt of it, the Northern Ireland test certificate. 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) ..., he must by notice served on that person revoke his test certificate. A revocation under 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. 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. 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. 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.
Subject to Part V of this Schedule, the Secretary of State may not under Part III of the Road Traffic Act 1988 grant a person whose test certificate has been revoked under paragraph 5, or whose Northern Ireland test certificate has been revoked under a provision of Northern Ireland law corresponding to paragraph 5(1) ..., a full licence to drive any class of vehicles that, immediately before his test certificate was revoked, he was permitted to drive without observing prescribed conditions, unless he satisfies the Secretary of State that within the relevant period he has passed a relevant driving test. In this paragraph “relevant driving test” means, in relation to a person whose test certificate has been revoked, any test which— 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 Road Traffic Act 1988) be one authorising that person to drive all the classes of vehicles that, immediately before his test certificate was revoked, he was permitted to drive without observing prescribed conditions. In sub-paragraph (1) “the relevant period” means the period beginning—
Where— the notice may also require the person to surrender the test certificate to the Secretary of State before the end of the period of 28 days beginning with the date on which the notice is served. A person who, without reasonable excuse, fails to comply with a requirement imposed under sub-paragraph (1)— Where the Secretary of State receives a Northern Ireland test certificate pursuant to a requirement to surrender it imposed under sub-paragraph (1), the Secretary of State must send it to the licensing authority in Northern Ireland.
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Where— the Secretary of State must by notice served on the person revoke the person’s licence and test certificate and this sub-paragraph applies to the person instead of section 3(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under sub-paragraph (1) ..., the Secretary of State must send to the licensing authority in Northern Ireland particulars of the notice together with — 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) ..., he must by notice served on that person revoke his licence and test certificate. A revocation under 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. In this paragraph references to the revocation of a person’s Northern Ireland licence are references to its revocation as respects Great Britain; and, accordingly, the person ceases to be authorised by virtue of section 109(1) of the Road Traffic Act 1988 to drive in Great Britain a motor vehicle of any class.
Subject to Part V of this Schedule, the Secretary of State may not under Part III of the Road Traffic Act 1988 grant a person whose licence and test certificate have been revoked under paragraph 8, or whose Northern Ireland licence and Northern Ireland test certificate have been revoked under a provision of Northern Ireland law corresponding to paragraph 8(1) ... a full licence to drive any class of vehicles mentioned in sub-paragraph (4), unless he satisfies the Secretary of State that within the relevant period he has passed a relevant driving test. In this paragraph “relevant driving test” means any test which— 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 Road Traffic Act 1988) be one authorising that person to drive all the classes of vehicles mentioned in sub-paragraph (4). The classes of vehicles are— In sub-paragraph (1) “the relevant period” means the period beginning—
Where— the notice may also require the person to surrender the licence, or test certificate, or both (as the case may be) to the Secretary of State before the end of the period of 28 days beginning with the date on which the notice is served. A person who, without reasonable excuse, fails to comply with a requirement imposed under sub-paragraph (1)— Where the Secretary of State receives a Northern Ireland licence or a Northern Ireland test certificate pursuant to a requirement to surrender it imposed under sub-paragraph (1), the Secretary of State must send it to the licensing authority in Northern Ireland.
Where— paragraph 6(1) or, as the case may be, paragraph 9(1) shall not apply to him.
a person’s test certificate has been revoked under paragraph 5 (or a person’s Northern Ireland test certificate has been revoked under a provision of Northern Ireland law corresponding to paragraph 5(1) ...) or his licence and test certificate have been revoked under paragraph 8 (or a person’s Northern Ireland licence and Northern Ireland test certificate have been revoked under a provision of Northern Ireland law corresponding to paragraph 8(1) ...), but
before he passes a relevant driving test, an order is made in relation to him under section 36 of the Road Traffic Offenders Act 1988 (disqualification until test is passed),
The Secretary of State may by regulations make provision for cases where, after the Secretary of State has revoked a person’s test certificate under paragraph 5, or a person’s licence and test certificate under paragraph 8, he receives notice— Regulations under sub-paragraph (1) may in particular make provision for— The matters referred to are— Any regulations under this paragraph may— Any regulations under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Section 10(4).
The Road Traffic Act 1988 shall be amended as follows.
In the provisions mentioned in sub-paragraph (2) after “section 89 of this Act” insert “ or section 4(1) of or paragraph 6(1) or 9(1) of Schedule 1 to the Road Traffic (New Drivers) Act 1995 ”. The provisions are—
The Road Traffic Offenders Act 1988 shall be amended as follows.
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In Schedule 1 (offences to which various sections of the Act apply), in paragraph 2 (offences to which section 6 applies) omit the word “and” immediately preceding paragraph (c) and after that paragraph insertand