Road Traffic Act 1988, section 103

Obtaining licence, or driving, while disqualified

Part III Licensing of drivers of vehicles

(1)A person is guilty of an offence if, while disqualified for holding or obtaining a licence, he—

(a)obtains a licence, or

(b)drives a motor vehicle on a road.

(2)A licence obtained by a person who is disqualified is of no effect (or, where the disqualification relates only to vehicles of a particular class, is of no effect in relation to vehicles of that class).

F633(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)[F634 Subsection (1) above doesF634] not apply in relation to disqualification by virtue of section 101 of this Act.

(5)[F635 Subsection (1)(b) above doesF635] not apply in relation to disqualification by virtue of section 102 of this Act.

(6)In the application of [F636 subsection (1)F636] above to a person whose disqualification is limited to the driving of motor vehicles of a particular class by virtue of—

(a)section 102 [F637 117 or 117AF637] of this Act, or

(b)subsection (9) of section 36 of the Road Traffic Offenders Act 1988 (disqualification until test is passed),

the references to disqualification for holding or obtaining a licence and driving motor vehicles are references to disqualification for holding or obtaining a licence to drive and driving motor vehicles of that class.F632]

Definitions used in section 103 6

disqualified

“disqualified” means disqualified for holding or obtaining a licence (or, in cases where the disqualification is limited, a licence to drive motor vehicles of the class to which the disqualification relates) , and “disqualification” is to be interpreted accordingly,

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

“driver”, where a separate person acts as a steersman of a motor vehicle, includes (except for the purposes of section 1 of this Act ) that person as well as any other person engaged in the driving of the vehicle, and “drive” is to be interpreted accordingly,

Defined in s.192(1) · see it in the full Act
motor vehicle

“motor vehicle” means, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision about invalid carriages, within the meaning of that Act), a mechanically propelled vehicle intended or adapted for use on roads, and

Defined in s.185(1) · see it in the full Act
road

“road”

Defined in s.192(1) · see it in the full Act
disqualification

“disqualified” means disqualified for holding or obtaining a licence (or, in cases where the disqualification is limited, a licence to drive motor vehicles of the class to which the disqualification relates) , and “disqualification” is to be interpreted accordingly,

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

Cases considering section 103 12

Martin v Her Majesty’s Advocate (Scotland)

[2010] UKSC 10 · 3 March 2010

The provision creates the offence of driving while disqualified. Section 45 did not modify the offence or its overall maximum punishment; it changed the summary procedural route by which the maximum could be imposed in Scotland. (see paras [35]-[39]; [59])

R v Anthony Mark Brown

[2026] EWCA Crim 596 · 29 April 2026

Applies as the statutory basis for the driving-while-disqualified conviction. The appeal concerned the calculation of the resulting disqualification, rather than the elements of the offence. (see paras [1], [17]–[18])

Needham & Ors, R. v

[2016] EWCA Crim 455 · 28 April 2016Interprets

The offence of driving while disqualified is committed when a person drives while disqualified. Proof does not require the earlier disqualification itself to have been imposed on a particular date (see para [14]).

What each judgment says about section 103 is in the case-law panel in the full Act.

Amendments and notes

9 notes from legislation.gov.uk

Amendments

  1. F632S. 103 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 19; S.I. 1992/1286, art. 2, Sch.
  2. F633S. 103(3) repealed (1.10.2002) by 2002 c. 30, s. 107, Sch. 7 para. 11(1)(2), Sch. 8; S.I. 2002/2306, art. 2(g)(i)-(iii)(a)
  3. F634Words in s. 103(4) substituted (1.10.2002) by 2002 c. 30, s. 107, Sch. 7 para. 11(1)(3); S.I. 2002/2306, art. 2(g)(i)(ii)
  4. F635Words in s. 103(5) substituted (1.10.2002) by 2002 c. 30, s. 107, Sch. 7 para. 11(1)(4), S.I. 2002/2306, art. 2(g)(i)(ii)
  5. F636Words in s. 103(6) substituted (1.10.2002) by 2002 c. 30, s. 107, Sch. 7 para. 11(1)(5), S.I. 2002/2306, art. 2(g)(i)(ii)
  6. F637Words in s. 103(6)(a) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 16

Modifications

  1. C113S. 103 modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), {art. 27(2)-(4)(6)}
  2. C114S. 103(1)(b) excluded (17.4.2019) by The Motor Sport on Public Roads (Scotland) Regulations 2019 (S.S.I. 2019/138), regs. 1, 6, sch. 2

Extent

  1. E3This version of this provision extents to England and Wales only; a separate version has been created for Scotland