Road Traffic Act 1988, section 92

Requirements as to physical fitness of drivers

Part III Licensing of drivers of vehicles

(1)An application for the grant of a licence must include a declaration by the applicant, in such form as the Secretary of State may require, stating whether he is suffering or has at any time (or, if a period is prescribed for the purposes of this subsection, has during that period) suffered from any relevant disability or any prospective disability.

(2)In this Part of this Act—

  • “disability” includes disease [F452 and the persistent misuse of drugs or alcohol, whether or not such misuse amounts to dependency F452] ,

  • “relevant disability” in relation to any person means—

    (a)

    any prescribed disability, and

    (b)

    any other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public, and

  • “prospective disability” in relation to any person means any other disability which—

    (a)

    at the time of the application for the grant of a licence or, as the case may be, the material time for the purposes of the provision in which the expression is used, is not of such a kind that it is a relevant disability, but

    (b)

    by virtue of the intermittent or progressive nature of the disability or otherwise, may become a relevant disability in course of time.

(3)If it appears from the applicant’s declaration, or if on inquiry the Secretary of State is satisfied from other information, that the applicant is suffering from a relevant disability, the Secretary of State must, subject to the following provisions of this section, refuse to grant the licence.

(4)The Secretary of State must not by virtue of subsection (3) above refuse to grant a licence—

(a)on account of any relevant disability which is prescribed for the purposes of this paragraph, if the applicant has at any time passed a relevant test and it does not appear to the Secretary of State that the disability has arisen or become more acute since that time or was, for whatever reason, not disclosed to the Secretary of State at that time,

(b)on account of any relevant disability which is prescribed for the purposes of this paragraph, if the applicant satisfies such conditions as may be prescribed with a view to authorising the grant of a licence to a person in whose case the disability is appropriately controlled,

(c)on account of any relevant disability which is prescribed for the purposes of this paragraph, if the application is for a provisional licence.

(5)Where as a result of a test of competence to drive[F453 or of information obtained under the relevant powersF453] the Secretary of State is satisfied that the person who took the test[F453 or in relation to whom the information was obtainedF453] is suffering from a disability such that there is likely to be a danger to the public—

(a)F454if he drives any vehicle, . . .

(b)if he drives a vehicle other than a vehicle of a particular [F455classF455] ,

[F456 or

F456(c)if he drives a vehicle except in accordance with particular conditions,F456]

the Secretary of State must serve notice in writing to that effect on that person and must include in the notice a description of the disability.

(6)Where a notice is served in pursuance of subsection (5)(a) above, then—

(a)if the disability is not prescribed under subsection (2) above, it shall be deemed to be so prescribed in relation to the person [F457on whom the notice is servedF457] , and

(b)if the disability is prescribed for the purposes of subsection (4)(c) above it shall be deemed not to be so prescribed in relation to him.

[F458 (7)Where a notice is served in pursuance of subsection (5)(b) above, the Secretary of State may—

(a)if the person on whom the notice is served is an applicant for a licence, grant him a licence limited to vehicles of the particular class specified in the notice, or

(b)if he held a licence which is revoked by the Secretary of State and he complies with subsection (7ZB) below, grant him a licence limited to vehicles of that class,

and, if the Secretary of State so directs in the notice, his entitlement to drive other classes of vehicle by virtue of section 98(2) of this Act shall be limited as specified in the notice.

F458(7ZA)Where a notice is served in pursuance of subsection (5)(c) above, the Secretary of State may—

(a)if the person on whom the notice is served is an applicant for a licence, grant him a licence authorising him to drive vehicles subject to the particular conditions specified in the notice, or

(b)if he held a licence which is revoked by the Secretary of State and he complies with subsection (7ZB) below, grant him a licence authorising him to drive vehicles subject to those conditions,

and, if the Secretary of State so directs in the notice, any entitlement which the person has to drive vehicles by virtue of section 98(2) of this Act shall be subject to conditions as specified in the notice.

F458(7ZB)A person complies with this subsection if—

(a)he surrenders the existing licence F459..., and

(b)where the Secretary of State so requires, he provides evidence of his name, address, sex and date and place of birth and a photograph which is a current likeness of him.

F458(7A)If he considers it appropriate to do so, the Secretary of State may, after serving a notice under any of the paragraphs of subsection (5) above, serve a further notice under that paragraph or a notice under another of those paragraphs; and on his serving the later notice the notice previously served shall cease to have effect and any licence previously granted in accordance with it shall be revoked by the later notice.F458]

F460 (7B)In subsection (5) above the references to a test of competence to drive and to information obtained under the relevant power are references respectively to a test of competence prescribed for the purposes of section 89 or so much of such a test as is required to be taken in pursuance of section 94(5)(c) of this Act and to information obtained in pursuance of section 94(5)(a) or (b) of this Act.

(7C)A person whose licence is revoked by virtue of subsection (7A) above must deliver the licence F459... to the Secretary of State forthwith after the revocation and a person who, without reasonable excuse, fails to do so is guilty of an offence.

F461 (7D)In subsection (7B) above the references to section 94 of this Act include references to that section as applied by section 99D [F462 or 109CF462] of this Act.

(8) M25 In this section “relevant test”, in relation to an application for a licence, means any such test of competence as is mentioned in section 89 of this Act or a test as to fitness or ability in pursuance of section 100 of the Road Traffic Act 1960 as originally enacted, being a test authorising the grant of a licence in respect of vehicles of the classes to which the application relates.

(9)Without prejudice to subsection (8) above, for the purposes of subsection (4)(a) above—

[F463 (a)an applicant shall be treated as having passed a relevant test if, and on the day on which, he passed a test of competence to drive which—

(i)under a provision of the law of Northern Ireland or a relevant external law corresponding to subsections (3) and (4) or (6) of section 89 of this Act, either is prescribed in relation to vehicles of classes corresponding to the classes to which the application relates or is sufficient under that law for the granting of a licence authorising the driving of vehicles of those classes, or

(ii)is sufficient for the granting of a British Forces licence authorising the driving of vehicles of those classes, andF463]

(b)in the case of an applicant who is treated as having passed a relevant test by virtue of paragraph (a) above, disclosure of a disability to [F464his licensing authorityF464] shall be treated as disclosure to the Secretary of State.

F465. . .

F466 (10)A person who holds a licence authorising him to drive a motor vehicle of any class and who drives a motor vehicle of that class on a road is guilty of an offence if the declaration included in accordance with subsection (1) above in the application on which the licence was granted was one which he knew to be false.

Definitions used in section 92 13

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
prescribed

“prescribed” means prescribed by regulations,

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

“prescribed” (except in section 5A) means prescribed by regulations made by the Secretary of State,

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

“relevant disability” has the meaning given by section 92 of this Act ,

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

“prospective disability” has the meaning given by section 92 of this Act ,

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

“disability” has the meaning given by section 92 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
provisional licence

“provisional licence” means a licence granted by virtue of section 97(2) 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
test

(a) “test” includes “inspect” or “inspection”, as the case may require, and

Defined in s.67(10) · see it in the full Act
relevant external law

“relevant external law” means the law for the time being in force in the Isle of Man or any of the Channel Islands which corresponds to this Part of this Act.

Defined in s.88(8) · see it in the full Act

“relevant external law” has the meaning given by section 88(8) of this Act ,

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

“British external licence” and “British Forces licence” have the meanings given by section 88(8) of this Act ,

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

“British Forces licence” means a licence granted in the Federal Republic of Germany by the British authorities to members of the British Forces or of the civilian components of those Forces of their dependants; and

Defined in s.88(8) · 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

Cases considering section 92 4

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

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

The judgment sets out the declaration required from a licence applicant concerning relevant or prospective disabilities as part of the statutory framework governing fitness to drive (see para [48]). A non-prescribed disability must be a medical or other identifiable physical or mental condition likely to cause the person’s driving to be a source of danger. The court treated this as a distinct statutory requirement which bad driving alone cannot satisfy (see paras [7], [48], [50], [66]-[83]). The provision forms part of the statutory basis for refusing a licence where the Secretary of State is satisfied that the applicant has a relevant disability. The same statutory requirement informs the legality of revocation under section 93 (see paras [48], [51]-[52]).

Golding v Secretary of State for Transport

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

The provision was identified as requiring a licence application to contain a declaration concerning relevant or prospective disability. It formed part of the statutory comparison used to explain the revocation power. (see para [14]) The court set out the statutory meaning of disability and relevant disability, including a disability likely to make driving a source of danger to the public. This defined the substantive issue for the magistrates’ de novo assessment. (see para [14]) The court explained that an application must be refused where, on inquiry, the Secretary of State is satisfied that the applicant suffers from a relevant disability. This supplied the statutory comparator for the revocation decision. (see paras [14]-[15])

Irving, R (on the application of) v Secretary of State for Transport

[2008] EWHC 1200 (Admin) · 9 May 2008Interprets

Provides the relevant statutory framework for refusal of a driving licence on disability grounds. The court interpreted section 92 consistently with the directive so that its visual standard could determine entitlement to a licence (see paras [3]-[4]; [35]-[36]). Defines relevant disability to include prescribed disability and disability likely to make driving dangerous to the public. The court preferred an interpretation of section 92(2)(b) which treated failure to meet the directive’s visual standard as falling within that definition (see paras [4]; [35]-[36]). Was interpreted so that a driver failing to satisfy the directive’s visual standards suffered from a disability likely to cause driving to be a danger to the public. That conforming interpretation required refusal of the Group 2 licence (see paras [35]-[37]). Requires refusal where the Secretary of State is satisfied that the applicant has a relevant disability, subject to the section’s further provisions. The provision formed part of the domestic framework construed in conformity with the directive (see para [4]).

What each judgment says about section 92 is in the case-law panel in the full Act.

Amendments and notes

17 notes from legislation.gov.uk

Amendments

  1. F452Words in the definition of “disability" in s. 92(2) inserted (23.7.1996) by S.I. 1996/1974, reg. 2, Sch. 1 para. 3(2)
  2. F453Words inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 5(2)
  3. F454Word in s. 92(5)(a) repealed (1.7.1998) by S.I. 1998/1420, reg. 17, Sch.
  4. F455Word substituted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 5(2)
  5. F456S. 92(5)(c) and the word “or" immediately preceding it inserted (1.7.1998) by S.I. 1998/1420, reg. 4(2)
  6. F457Words in s. 92(6)(a) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 3(3)
  7. F458S. 92(7)-(7A) substituted (1.7.1998) for s. 92(7)(7A) by S.I. 1998/1420, reg. 4(3)
  8. F459Words in s. 93(7ZB)(a)(7C) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 4, Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
  9. F460S. 92(7A)–(7C) inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 5(4)
  10. F461S. 92(7D) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 3(5)
  11. F462Words in s. 92(7D) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 19; S.I. 2004/2624, art. 2(2)(b)
  12. F463S. 92(9)(a) substituted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 5(5)(a)
  13. F464Words substituted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 5(5)(b)
  14. F465Words repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 16, Sch. 6
  15. F466S. 92(10) added (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 18(1); S.I. 1992/1286, art. 2, Sch.

Modifications

  1. C92S. 92(4)(a) modified by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 5, Sch. 4 para. 7(1)

Marginal citations

  1. M251960 c. 16.