Regulation 57 Removal of disqualification

England, Wales and Scotland

(1)

Subject to paragraphs (2) and (3), the Secretary of State may remove a disqualification for a period of more than two years imposed under section 117(2)(a) of the Traffic Act, after consultation with F1a traffic commissioner in a case which was referred under regulation 56(5), if an application for the removal of the disqualification is made after the expiration of whichever is relevant of the following periods commencing on the date of the disqualification—

(a)

two years, if the disqualification is for less than four years;

(b)

one half of the period of the disqualification, if it is for less than ten years, but not less than four years;

(c)

five years in any other case.

(2)

An application may not be made if the applicant has during the relevant period been convicted (or treated as convicted) of an offence by virtue of which he has incurred—

(a)

penalty points, or

(b)

an endorsement of a Northern Ireland driving licence held by himF2... with particulars of a conviction pursuant to provisions for the time being in force in Northern Ireland that correspond to sections 44 and F345A of the Offenders Act.

(3)

Where an application under paragraph (1) for the removal of a disqualification is refused, a further such application shall not be entertained if made within three months after the date of refusal.

Annotations

Textual amendments

F1: Words in reg. 57(1) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 2 (with arts. 1(3), 2, 7)
F2: Words in reg. 57(2)(b) omitted (8.6.2015) by virtue of The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 11(e)
F3: Word in reg. 57(2)(b) substituted (8.6.2015) by The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 11(e)

Notes on the whole SI

Textual amendments

F1: 1988 c. 52. Relevant amendments are referred to where appropriate below. Amending statutes and instruments are referred to in the footnotes to these Regulations in the following manner: “the 1989 Act" means the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22); “the 1990 Regulations" means the Driving Licences (Community Driving Licence) Regulations 1990 (S.I. 1990/144), “the 1991 Act" means the Road Traffic Act 1991 (c. 40), “the 1996 Regulations" means the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974) and “the 1998 Regulations" means the Driving Licences (Community Driving Licence) Regulations 1998 (S.I. 1998/1420).
F2: Subsection (6) was amended by the 1990 Regulations.
F3: Subsection (1A) was inserted by the 1996 Regulations, subsections (2A) and (5A) were inserted by the 1989 Act, section 6; subsection (3) was amended by the 1991 Act, Schedule 4, paragraph 63; subsection (4) was amended by the 1989 Act, Schedule 3, paragraph 8 and by the 1996 Regulations; subsection (7) was amended and subsections (9) and (10) were substituted by the 1989 Act, Schedule 3, paragraph 8 and subsections (7), (9) and (10) were amended by the 1996 Regulations. Subsection (4)(b) is to be read with the Department of Transport (Fees) Order 1988 (S.I. 1988/643), as amended by S.I. 1991/811, 1993/1601, 1995/1684 and 1996/1929, the relevant entries being items 5, 5A and 6 in Schedule 1, Table III.
F4: Section 89A was inserted by the 1989 Act, section 4(4).
F5: Subsection (2) was amended by the 1996 Regulations.
F6: Subsections (4) and (5) were amended by the 1989 Act, section 5(7) and (8).
F7: Subsections (1) and (3) were amended by the 1989 Act, section 6(2) and Schedule 6 and by the 1996 and 1998 Regulations, subsection (1A) was inserted by the 1998 Regulations; subsections (3A) and (3B) were inserted by the 1989 Act, section 6(2) and subsection (3A) was amended by the 1996 and 1998 Regulations; subsection (4) was amended by the 1996 and 1998 Regulations; subsection (4) was amended by the 1998 Regulations.
F8: Subsections (2) and (4) were amended by the 1989 Act, Schedule 3, paragraph 11. Subsection (2) was amended by the 1990 Regulations.
F9: Subsection (1) was amended by Schedule 3, paragraph 12, of the 1989 Act; subsection (1A) was inserted by section 2(2) of that Act.
F10: Section 99A was inserted by the 1996 Regulations; subsection (4) was amended by the 1998 Regulations.
F11: Subsection (2) was amended by the 1989 Act, Schedule 3, paragraph 14 and by the 1990, 1996 and 1998 Regulations; subsection (4) was amended by the 1996 Regulations.
F12: See the definitions of “prescribed" and “regulations".
F13: Sections 114, 115, 116 and 117 to 122 (Part IV of the Act) were substituted by the 1989 Act, section 2(1) and Schedule 2, Section 114(1) was amended by the 1996 Regulations.
F14: Subsection (3) was amended by the 1991 Act, Schedule 4, paragraph 64 and the 1996 Regulations.
F15: Section 115A was inserted by the 1996 Regulations.
F16: Subsection (2A) was inserted by the 1991 Act, Schedule 4, paragraph 65.
F17: See the definition of “prescribed".
F18: Amended by the 1990 Regulations.
F19: Amended by the 1991 Act, Schedule 4, paragraph 68.
F20: Inserted by the 1989 Act, Schedule 3, paragraph 23.
F21: See the definition of “prescribed".
F22: See section 105(4) of the Road Traffic Act 1988.