OpenLegislation

Section 98 Form of licence.

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

F1(1)

A licence shall be in the form of a photocard of a description specified by the Secretary of State or such other form as he may specify and—

(a)

the licence shall 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)

the licence shall specify (in such manner as the Secretary of State may determine) the restrictions on the driving of vehicles of any class in pursuance of the licence to which its holder is subject by virtue of section 101 of this Act and any conditions on the driving of vehicles of any class in pursuance of the licence to which its holder is subject by virtue of section 92(7ZA) of this Act, and

(c)

in the case of a provisional licence, the licence F2... shall specify (in such manner as the Secretary of State may determine) the conditions subject to which it is granted.

(1A)

The Secretary of State may specify different descriptions of photocards, and different forms of licences not in the form of a photocard, for different cases and may determine the form of licence to be granted in any case.

C1C2C3C4C5C6(2)

Subject to subsections (3) F3, (4) and (4A) below, a F4person who holds a licence which authorises its holder to drive motor vehicles of certain classes only (not being—

F5(a)

a provisional licence, or

(b)

any other prescribed description of licence)

F6maydrive motor vehicles of all other classes subject to the same conditions as if he were authorised by a provisional licence to drive motor vehicles of those other classes.

C7(3)

F7Subsection (2) above does not authorise a person to drive—

(a)

a vehicle of a class for the driving of which he could not, by reason of the provisions of section 101 of this Act, lawfully hold a licence, or

F8(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C8C9(F9c)

unless he has passed a test of competence to drive, a motor bicycle F10or moped on a road in circumstances in which, by virtue of section 97(3)(e) of this Act, a provisional licence would not authorise him to drive it before he had passed that test.

(4)

In such cases F11or as respects such classes of vehiclesas the Secretary of State may prescribe, the provisions of subsections (2) and (3) above shall not apply or shall apply subject to such limitations as he may prescribe.

F12(4A)

F13Subsection (2) above does notauthorise a person on whom a notice under section 92(5)(b) of this Act has been served to drive motor vehicles otherwise than in accordance with the limits specified in the notice.

F14(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

S. 98(1)(1A) substituted (1.7.1998) for s. 98(1) by S.I. 1998/1420, reg. 7(2)

F2

Words in s. 98(1)(c) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 7, Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)

F3

Words substituted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 5(10)(a)

F4

Words substituted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 4(b)(i)

F5

S. 98(2)(a)(b) substituted for paras. (a)–(c) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 11(b)

F6

Word substituted by S. I. 1990/144, regs. 2(1), 3, Sch. 1 para. 4(b)(ii)

F7

Words substituted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 4(c)

F8

S. 98(3)(b) omitted (19.1.2013) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 1 para. 3

F9

S. 98(3)(c) and word immediately preceding it inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 11(c)(ii)

F10

Words in s. 98(3)(c) inserted (1.7.1998) by S.I. 1998/1420, reg. 7(3)

F11

Words inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 11(d)

F12

S. 98(4A) inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 5(10)(b)

F13

Words substituted by S.I. 1990/144, regs. 2(3), 3, Sch. 3 para. 1(b)

F14

S. 98(5) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 17(3), 83, Sch. 8; S.I. 1992/1286, art. 2, Sch.

Modifications

C1

S. 98(2) restricted by S.I. 1987/1378, reg. 34 (as inserted by S.I. 1990/842, reg. 11)

C2

S. 98(2) excluded (1.4.1991) by S.I. 1990/2612, reg. 10(1)(2)(3)

S. 98(2) restricted (12.11.1999) by S.I. 1999/2864, reg. 19(1)(3)

C3

S. 98(2) applied by S.I. 1999/2864, reg. 19(1) (as substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 13(a))

C4

S. 98(2) restricted by S.I. 1999/2864, reg. 19(4) (as substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 13(b))

C5

S. 98(2) excluded by S.I. 1999/2864, reg. 19(4A)(4B) (as inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 13(c))

C6

S. 98(2) excluded by S.I. 1999/2864, reg. 19(4B) (as inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 13(c))

C7

S. 98(3) excluded (1.4.1991) by S.I. 1990/2612, reg. 10(1)(2)(3)

S. 98(3) excluded (23.6.1999) by S.I. 1999/1736, art. 8(4)

C8

S. 98(3)(c) excluded by S.I. 1999/2864, reg. 69(1) (as substituted (with (2)) (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 41(a))

C9

S. 98(3)(c) excluded by S.I. 1987/1378, regs. 23E(3), 23G(3) (as inserted by S.I. 1990/2334, reg. 4)

S. 98(3)(c) excluded (12.11.1999) by S.I. 1999/2864, reg. 69(1)(5)

Notes on Part III

Modifications

C1

Pt. III (ss. 87–109) excluded by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), s. 37(3)

C2

Pt. III (ss. 87–109) restricted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(6), Sch. 1 para. 6(5)

Pt. III (ss. 87-109) restricted (1.6.1997) by 1995 c. 13, ss. 4(1), 6, Sch. 1 Pt. III para. 6(1), Pt. IV para. 9(1) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

Pt. III (ss. 87-109) extended (1.6.1997) by 1995 c. 13, s. 5(7) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

Pt. III (ss. 87-109) applied (1.6.1997) by 1995 c. 13, s. 9(1) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

C3

Pt. 3 excluded by 1988 c. 53, s. 37(4) (as added (4.1.2016) by The Road Traffic Offenders Act 1988 and Motor Vehicles (Driving Licences) (Amendment) Regulations 2015 (S.I. 2015/2004), reg. 2(2))