Explanatory note

This Order brings into force section 13 of the Road Safety Act 2006 on 1st June 2013.

Section 13 amends section 88 of the Road Traffic Act 1988 (the “1988 Act”) which sets out exceptions to the general requirement for anyone wishing to drive a motor vehicle on a road to have an appropriate driving licence. These include the case of a driver who has previously held a driving licence and has made an application for a new licence that meets certain conditions.

The amendments apply to High Risk Offenders, who have been disqualified by court order as a result of serious drink-driving related offences, as prescribed under section 94(4) of the 1998 Act by regulation 74(1) of the Motor Vehicles (Driving Licences) Regulations 1999^f1. The amendments prevent a High Risk Offender, who is in the process of applying for a driving licence as a result of, or in anticipation of, the expiry of a driving disqualification, from driving before they have successfully been granted a new licence following a medical examination as required by the Secretary of State (under section 94(5) of the Act). The effect of section 13(2) of the Road Safety Act 2006 is that this only applies where the conviction in respect of which the disqualification was imposed is on or after the section is brought into force.