Road Traffic Offenders Act 1988, section 36

Disqualification until test is passed

Part II Sentence

(1)Where this subsection applies to a person the court must order him to be disqualified until he passes the appropriate driving test.

(2)Subsection (1) above applies to a person who is disqualified under section 34 of this Act on conviction of—

(a)manslaughter, or in Scotland culpable homicide, by the driver of a motor vehicle, F273...

[F274 (b)an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving),

(c)an offence under section 1A of that Act (causing serious injury by dangerous driving),

(d)an offence under section 2 of that Act (dangerous driving),

(e)an offence under section 3ZC of that Act (causing death by driving: disqualified drivers), or

(f)an offence under section 3ZD of that Act (causing serious injury by driving: disqualified drivers).F274]

(3)Subsection (1) above also applies—

(a)to a person who is disqualified under section 34 or 35 of this Act in such circumstances or for such period as the Secretary of State may by order prescribe, or

(b)to such other persons convicted of such offences involving obligatory endorsement as may be so prescribed.

(4)Where a person to whom subsection (1) above does not apply is convicted of an offence involving obligatory endorsement, the court may order him to be disqualified until he passes the appropriate driving test (whether or not he has previously passed any test).

(5)In this section—

  • “appropriate driving test” means—

(a)an extended driving test, where a person is convicted of an offence involving obligatory disqualification or is disqualified under section 35 of this Act,

(b)a test of competence to drive, other than an extended driving test, in any other case,

  • “extended driving test” means a test of competence to drive prescribed for the purposes of this section, and

  • “test of competence to drive” means a test prescribed by virtue of section 89(3) of the Road Traffic Act 1988 .

(6)In determining whether to make an order under subsection (4) above, the court shall have regard to the safety of road users.

(7)Where a person is disqualified until he passes the extended driving test—

(a)any earlier order under this section shall cease to have effect, and

(b)a court shall not make a further order under this section while he is so disqualified.

(8)Subject to subsection (9) below, a disqualification by virtue of an order under this section shall be deemed to have expired on production to the Secretary of State of evidence, in such form as may be prescribed by regulations under section 105 of the Road Traffic Act 1988, that the person disqualified has passed the test in question since the order was made.

(9)A disqualification shall be deemed to have expired only in relation to vehicles of such classes as may be prescribed in relation to the test passed by regulations under that section.

F275 (10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F276 (10A)Where a person's driving record is endorsed with particulars of a disqualification under this section, it shall also be endorsed with the particulars of any test of competence to drive that he has passed since the order of disqualification was made.F276]

(11)For the purposes of an order under this section, a person shall be treated as having passed a test of competence to drive other than an extended driving test if he passes a corresponding test conducted—

(a)under the law of Northern Ireland, the Isle of Man, any of the Channel Islands, [F277 anF277] [F278 EEA StateF278] , Gibraltar or a designated country or territory F279. . ., or

(b)for the purposes of obtaining a British Forces licence (as defined by section 88(8) of [F280 the Road Traffic Act 1988F280] );

and accordingly subsections (8) to (10) above shall apply in relation to such a test as they apply in relation to a test prescribed by virtue of section 89(3) of that Act.

[F281 (11A) For the purposes of subsection (11) above, “designated country or territory” means a country or territory designated by order under section 108(2) of the Road Traffic Act 1988 but a test conducted under the law of such a country or territory shall not be regarded as a corresponding test unless a person passing such a test would be entitled to an exchangeable licence as defined in section 108(1) of that Act . F281]

(12)This section is subject to section 48 of this Act.

(13)The power to make an order under subsection (3) above shall be exercisable by statutory instrument; and no such order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

(14)The Secretary of State shall not make an order under subsection (3) above after the end of 2001 if he has not previously made such an order.F272]

Definitions used in section 36 6

disqualified

“disqualified” means disqualified for holding or obtaining a licence and “disqualification” is to be construed accordingly,

Defined in s.98(1) · see it in the full Act
drive

“drive” has the same meaning as in the Road Traffic Act 1988 ,

Defined in s.98(1) · see it in the full Act
disqualification

“disqualified” means disqualified for holding or obtaining a licence and “disqualification” is to be construed accordingly,

Defined in s.98(1) · see it in the full Act
road

“road”—

Defined in s.98(1) · see it in the full Act
driving record

(1) In this Act “driving record”, in relation to a person, means a record in relation to the person maintained by the Secretary of State and designed to be endorsed with particulars relating to offences committed by the person under the Traffic Acts.

Defined in s.97A(1) · see it in the full Act
licence

“licence” means a licence to drive a motor vehicle granted under Part III of that Act . . .,

Defined in s.98(1) · see it in the full Act

Cases considering section 36 26

R v Shane Smith

[2025] EWCA Crim 978 · 4 July 2025Limits

Applies the requirement that a dangerous-driving offender is disqualified until an extended driving test is passed. The court held that the new order could not lawfully duplicate an existing disqualification carrying the same test requirement. (see paras [20]; [24]) Limits the court’s power to impose an extended-test order while the offender is already disqualified under an existing order requiring that test. The duplicated requirement was removed from the Crown Court record. (see para [20])

R v Robert Harrison

[2024] EWCA Crim 359 · 20 February 2024

Cited only. The court treated the requirement to impose and complete an Extended Driving Test after disqualification as obligatory and directed its inclusion in the amended sentence. (see para [14]) The court treated the requirement to impose and complete an Extended Driving Test after disqualification as obligatory and directed its inclusion in the amended sentence. (see para [14])

REGINA v JASON BRIAN WOOD

[2022] EWCA Crim 1016 · 5 July 2022Limits

The court interpreted the existing disqualification until an extended retest as preventing a further disqualification order. It therefore quashed the Recorder’s order (see para [33]).

6 more judgments, and what each says about section 36, are in the case-law panel in the full Act.

Amendments and notes

11 notes from legislation.gov.uk

Amendments

  1. F272S. 36 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 32; S.I. 1992/1286, art. 2, Sch. (with art. 6(5))
  2. F273Word in s. 36(2)(a) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 6 para. 5(2) (with s. 29(5)); S.I. 2015/778, art. 3, Sch. 1 para. 75
  3. F274S. 36(2)(b)-(f) substituted for s. 36(2)(b) (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 6 para. 5(3) (with s. 29(5)); S.I. 2015/778, art. 3, Sch. 1 para. 75
  4. F275S. 36(10) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 39, Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
  5. F276S. 36(10A) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 7; S.I. 2008/3164, art. 4(b)
  6. F277Word in s. 36(11)(a) substituted (31.12.2020) by The Driving Licences (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1251), regs. 1(2), 3(2); 2020 c. 1, Sch. 5 para. 1(1)
  7. F278Words in s. 36 substituted (1.1.1997) by S.I. 1996/1974, reg. 3, Sch. 2 para. 3(2)(a)
  8. F279Words in s. 36(11)(a) repealed by virtue of S.I. 1996/1974, reg. 3, Sch. 2, para. 3(2)(b)
  9. F280Words in s. 36(11)(b) substituted (1.1.1997) by S.I. 1996/1974, reg. 3, Sch. 2 para. 3(3)
  10. F281S. 36(11A) substituted (31.8.1998) by 1998/1917, art. 3

Modifications

  1. C57S. 36: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2, Sch. (with art. 6(5))).