Road Traffic Act 1988, section 87

Drivers of motor vehicles to have driving licences

Part III Licensing of drivers of vehicles

(1)It is an offence for a person to drive on a road a motor vehicle of any class [F387otherwise than in accordance withF387] a licence authorising him to drive a motor vehicle of that class.

(2)It is an offence for a person to cause or permit another person to drive on a road a motor vehicle of any class [F388otherwise than in accordance with a licence authorising that other personF388] to drive a motor vehicle of that class.

F389(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 87 4

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
road

“road”

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
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

Cases considering section 87 8

Vehicle and Operator Services Agency v Greenfarms Ltd

[2005] EWHC 2270 (Admin) · 16 November 2005

Applied as prohibiting the employer from permitting a person to drive a vehicle class without a licence authorising that class. The driver was not entitled to rely on the agricultural-tractor category, so the conviction was reinstated. (see paras [21]; [24])

Director of Public Prosecutions v Hay

[2005] EWHC 1395 (Admin) · 13 June 2005Interprets

Interprets section 87(1) as requiring proof that the defendant drove on a road, after which the defendant must show that he held a licence authorising the relevant class of vehicle. A request to produce the licence is unnecessary. (see paras [9]-[12])

R v Hughes

[2013] UKSC 56 · 31 July 2013

Driving otherwise than in accordance with a licence is one of the qualifying offences for liability under section 3ZB. Its commission alone does not establish that the driver caused a resulting death (see paras [1]; [4]; [28]).

What each judgment says about section 87 is in the case-law panel in the full Act.

Amendments and notes

8 notes from legislation.gov.uk

Amendments

  1. F387Words in s. 87(1) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 17(1); S.I. 1992/1286, art. 2,Sch.
  2. F388Words in s. 87(2) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 17(2); S.I. 1992/1286, art. 2,Sch.
  3. F389S. 87(3) inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 7 (but repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c.22, SIF 107:1), s. 16, Sch. 6)

Modifications

  1. C85S. 87 amended (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(1)(2)(7)
  2. C86S. 87 excluded by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(6), Sch. 1 Pt. II para. 11
  3. C87S. 87 applied (with modifications) (1.7.1992) by S.I. 1992/1217, regs. 8, 11
  4. C88S. 87 modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), art. 27
  5. C89S. 87 excluded (17.4.2019) by The Motor Sport on Public Roads (Scotland) Regulations 2019 (S.S.I. 2019/138), regs. 1, 6, sch. 2