Road Traffic Act 1988, section 100

Appeals relating to licences

Part III Licensing of drivers of vehicles

(1)A person who is aggrieved by the Secretary of State’s—

(a)refusal to grant or revocation of a licence in pursuance of section 92 or 93 of this Act, or

(b)determination under section 99(1)(b) of this Act to grant a licence for [F621tenF621] years or less [F622or, where sub-paragraph (ii) of section 99(1)(b) applies, for three years or lessF622] , or

(c)revocation of a licence in pursuance of section 99(3) [F623, (3ZA)F623][F624 or (3A)F624] of this Act,

F626or by a notice served on him in pursuance of section 92(5) [F625, 99C or 109BF625] of this Act may, after giving to the Secretary of State notice of his intention to do so, appeal to a magistrates’ court . . . or, in Scotland, to the sheriff within whose jurisdiction he resides.

(2)On any such appeal the court or sheriff may make such order as it or he thinks fit and the order shall be binding on the Secretary of State.

(3)It is hereby declared that, without prejudice to section 90 of this Act, in any proceedings under this section the court or sheriff is not entitled to entertain any question as to whether the appellant passed a test of competence to drive if he was declared by the person who conducted it to have failed it.

[F627 (4)In any proceedings under this section about the revocation of a licence in pursuance of section 99(3ZA) (revocation on grounds of immigration status), the court or sheriff is not entitled to entertain any question as to whether—

(a)the appellant should be, or should have been, granted leave to enter or remain in the United Kingdom, or

(b)the appellant has, after the date that the Secretary of State served notice under section 99(3ZA), been granted leave to enter or remain in the United Kingdom.F627]

Definitions used in section 100 2

licence

“licence” (except where the context otherwise requires) means a licence to drive a motor vehicle granted under this Part of this Act . . .

Defined in s.108(1) · see it in the full Act
test of competence to drive

“test of competence to drive” means such a test conducted under section 89 of this Act .

Defined in s.108(1) · see it in the full Act

Cases considering section 100 3

Kevin Charles Godin-Prior, R (on the application of) v Secretary Of State For Transport & Anor

[2023] EWHC 621 (Admin) · 21 March 2023

Confirms that the statutory appeal to the magistrates’ court allowed consideration of evidence concerning the claimant’s position at or before the revocation decision, including alleged non-receipt of notices and excusable default. The availability of that merits appeal made judicial review inappropriate. (see paras [1], [8], [10], [12])

Hitchen, R (On the Application Of) v Oxford Magistrates Court

[2015] EWHC 271 (Admin) · 19 January 2015

The section provides the statutory basis for an appeal to the magistrates court against revocation and frames the court’s power to reconsider the decision (see paras [55]-[57]). On an appeal against revocation, the magistrates may make such order as they think fit, binding the Secretary of State. The judgment treats the appeal as requiring a complete rehearing and de novo decision (see paras [55]-[57]).

Golding v Secretary of State for Transport

[2013] EWHC 300 (Admin) · 22 January 2013Interprets

The court interprets the appeal mechanism as requiring a complete de novo assessment by the magistrates of whether the Secretary of State’s decision was correct. The appeal is not a judicial review of the decision-maker’s rationality or procedure. (see paras [11]-[13]; [23]-[25]) The court noted that the magistrates may make such order as they think fit and that the order binds the Secretary of State. This formed part of the statutory framework for the remittal. (see para [11])

What each judgment says about section 100 is in the case-law panel in the full Act.

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F621Word in s. 100(1)(b) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(o), Sch. 10 para. 3(a)
  2. F622Words in s. 100(1)(b) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(o), Sch. 10 para. 3(b)
  3. F623Word in s. 100(1)(c) inserted (14.7.2014) by Immigration Act 2014 (c. 22), ss. 47(2)(a), 75(3); S.I. 2014/1820, art. 2(e)
  4. F624Words in s. 100(1)(c) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 22(a); S.I. 2004/2624, art. 2(2)(b)
  5. F626Words in s. 100(1) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 307, Sch. 10; S.I. 2005/910, art. 3
  6. F625Words in s. 100(1) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 22(b); S.I. 2004/2624, art. 2(2)(b)
  7. F627S. 100(4) inserted (14.7.2014) by Immigration Act 2014 (c. 22), ss. 47(2)(b), 75(3); S.I. 2014/1820, art. 2(e)