Road Traffic Act 1988 s.93 – Revocation of licence because of disability or prospective disability

(1)If the Secretary of State is at any time satisfied on inquiry—

(a)that a licence holder is suffering from a relevant disability, and

(b)^F467that the Secretary of State would be required by virtue of section 92(3) . . . of this Act to refuse an application for the licence made by him at that time,

the Secretary of State may serve notice in writing on the licence holder revoking the licence with effect from such date as may be specified in the notice, not being earlier than the date of service of the notice.

(2)If the Secretary of State is at any time satisfied on inquiry that a licence holder is suffering from a prospective disability, the Secretary of State may—

(a)serve notice in writing on the licence holder revoking the licence with effect from such date as may be specified in the notice, not being earlier than the date of service of the notice, and

(b)^F468on receipt of the licence so revoked ... and of an application made for the purposes of this subsection, grant to the licence holder, free of charge, a new licence for a period determined by the Secretary of State under section 99(1)(b) of this Act.

[^F469 (2A)The Secretary of State may require a person to provide—

(a)evidence of his name, address, sex and date and place of birth, and

(b)a photograph which is a current likeness of him,

before granting a licence to him on an application made for the purposes of subsection (2) above [^F470 or subsection (6) below^F470] .^F469]

(3)^F468A person whose licence is revoked under subsection (1) or (2) above must deliver up the licence ... to the Secretary of State forthwith after the revocation [^F471and a person who, without reasonable excuse, fails to do so is guilty of an offence.^F471]

^F472(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F473 (5)Where the Secretary of State—

(a)is at any time sent by the licensing authority in Northern Ireland a licence under a provision of Northern Ireland law corresponding to section 109B of this Act, and

(b)by virtue of the reasons given by that authority for sending the licence is at that time satisfied as mentioned in subsection (1)(a) and (b) above or that the licence holder is suffering from a prospective disability,

(6)Where the reasons given by the licensing authority in Northern Ireland for sending the licence relate to a prospective disability of the holder, the Secretary of State may, on an application made for the purposes of this subsection, grant to the holder, free of charge, a new licence for a period determined by the Secretary of State under section 99(1)(b) of this Act.^F473]

Definitions used in section 93 3

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
relevant disability: “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

Defined in s.92(2) · see it in the full Act; “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” 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.

Defined in s.92(2) · see it in the full Act; “prospective disability” has the meaning given by section 92 of this Act ,
Defined in s.108(1) · see it in the full Act

Cases considering section 93 3

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

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

Revocation requires the decision-maker to be satisfied on the balance of probabilities that the licence holder has a relevant disability and that a licence application would have to be refused. The court held that the statutory test was not met on the evidence (see paras [51]-[52], [80]-[83]). The DVLA relied on this subsection as the power to revoke the licence. The court held that revocation could not be justified without evidence of an underlying relevant disability in addition to evidence of unsafe driving (see paras [21]-[23], [51], [80]-[83]).

Golding v Secretary of State for Transport

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

The court applied the revocation framework: the Secretary of State may revoke a licence where satisfied on inquiry that the holder has a relevant disability and would have to be refused a licence under section 92(3). (see paras [14]-[15])

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

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

Applies the statutory basis for revocation of a driving licence because of disability or prospective disability. The revocation challenged in the claim was made under this provision, subject to the statutory appeal mechanism. (see para [1])

What each judgment says about section 93 is in the case-law panel in the full Act.

Amendments and notes

7 notes from legislation.gov.uk

Amendments

F467Words in s. 93(1)(b) omitted (23.7.1996 for specified purposes otherwise 1.1.1997) by virtue of S.I. 1996/1974, reg. 2, Sch. 1 para. 4
F468Words in s. 93(2)(b)(3) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 5(2), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
F469S. 93(2A) inserted (1.7.1998) by S.I. 1998/1420, reg. 5
F470Words in s. 93(2A) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 79(3)(a), 94; S.I. 2004/2624, art. 2(2)(a)
F471Words inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 5(6)
F472S. 93(4) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 10 para. 21; S.I. 2022/1187, reg. 4(a) (with Pt. 3)
F473S. 93(5)(6) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 79(3)(b), 94; S.I. 2004/2624, art. 2(2)(a)