Road Traffic Offenders Act 1988, section 37

Effect of order of disqualification

Part II Sentence

(1)Where the holder of a licence is disqualified by an order of a court, the licence shall be treated as being revoked with effect from the beginning of the period of disqualification.

[F282 (1A)Where—

(a)the disqualification is for a fixed period shorter than 56 days [F283 (disregarding any extension period)F283] in respect of an offence involving obligatory endorsement, F284...

[F285 (aa)the disqualification is for a period shorter than 56 days under paragraph 2 of Schedule 3ZB to the Social Security Administration Act 1992, orF285]

(b)the order is made under section 26 of this Act,

subsection (1) above shall not prevent the licence from again having effect at the end of the period of disqualification [F286 (including any extension period)F286] .F282]

[F287 (1B) In subsection (1A) “extension period” means an extension period added pursuant to—

(a)section 35A or 35C,

(b)section 248D of the Criminal Procedure (Scotland) Act 1995, or

(c)section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 [F288 or section 166 of the Sentencing CodeF288] .F287]

(2)Where the holder of the licence appeals against the order and the disqualification is suspended under section 39 of this Act, the period of disqualification shall be treated for the purpose of subsection (1) above as beginning on the day on which the disqualification ceases to be suspended.

(3)Notwithstanding anything in Part III of the Road Traffic Act 1988, a person disqualified by an order of a court under section [F28936F289] of this Act is (unless he is also disqualified otherwise than by virtue of such an order) entitled to obtain and to hold a provisional licence and to drive a motor vehicle in accordance with the conditions subject to which the provisional licence is granted.

[F290 (4)Notwithstanding anything in Part III of the Road Traffic Act 1988, a person who holds a Community licence which authorises that person to drive motor vehicles of a particular class, but who is disqualified by an order of a court under section 36 of this Act, is (unless the person is also disqualified otherwise than by virtue of such an order) entitled to drive a motor vehicle of that class in accordance with the same conditions as if the person were authorised to drive a motor vehicle of that class by a provisional licence.F290]

Definitions used in section 37 6

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
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
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
provisional licence

“provisional licence” means a licence granted by virtue of section 97(2) of that Act ,

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
Community licence

and “Community licence”, ... , “EEA State” and “Northern Ireland licence” have the same meanings as in Part III of the Road Traffic Act 1988

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

Cases considering section 37 3

R v Nicholas Brown

[2026] EWCA Crim 704 · 14 May 2026Interprets

Interprets section 37 as revoking the licence from the start of a court-ordered disqualification, while preserving the licence’s effect after an interim section 26 order ends. This confirms that expiry of the interim order restores the driver’s legal entitlement to drive (see paras [8]-[9]). Applies section 37(1) to the general rule that a court-ordered disqualification revokes the licence from the beginning of the disqualification period. The judgment contrasts that rule with the specific treatment of an interim section 26 order (see para [8]). Confirms that section 37(1) does not prevent a licence from having effect again at the end of a disqualification order made under section 26. The appellant was therefore not legally prohibited from driving after the interim order expired (see paras [8]-[9]; [11]).

Director of Public Prosecutions v Barker

[2004] EWHC 2502 (Admin) · 19 October 2004Interprets

Section 37(3) gives a disqualified person a limited entitlement to obtain and hold a provisional licence and drive only in accordance with its conditions. (see paras [5], [9], [13])

R v Gurraj Singh Matharu

[2024] EWCA Crim 941 · 17 July 2024

The court applied the statutory prohibition on requiring an extended test while the offender was already disqualified until passing one. It quashed that part of the order (see paras [20]; [21]).

What each judgment says about section 37 is in the case-law panel in the full Act.

Amendments and notes

11 notes from legislation.gov.uk

Amendments

  1. F282S. 37(1A) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 33; S.I. 1992/1286, art. 2,Sch. (with art. 6(5))
  2. F283Words in s. 37(1A)(a) inserted (16.7.2018) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 21 para. 90(7)(a) (with s. 180); S.I. 2018/733, art. 2(c)
  3. F284Word in s. 37(1A)(a) omitted (24.6.2026) by virtue of Public Authorities (Fraud, Error and Recovery) Act 2025 (c. 28), ss. 96(6)(a), 109(1) (with s. 105); S.I. 2026/601, reg. 2(1)(c)
  4. F285S. 37(1A)(aa) inserted (24.6.2026) by Public Authorities (Fraud, Error and Recovery) Act 2025 (c. 28), ss. 96(6)(b), 109(1) (with s. 105); S.I. 2026/601, reg. 2(1)(c)
  5. F286Words in s. 37(1A) inserted (16.7.2018) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 21 para. 90(7)(b) (with s. 180); S.I. 2018/733, art. 2(c)
  6. F287S. 37(1B) inserted (16.7.2018) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 21 para. 90(7)(c) (with s. 180); S.I. 2018/733, art. 2(c)
  7. F288Words in s. 37(1B)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 103 (with Sch. 27); S.I. 2020/1236, reg. 2
  8. F289Word in s. 37(3) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 96; S.I. 1992/1286, art. 2,Sch. (with art. 6(5))
  9. F290S. 37(4) added (4.1.2016) by The Road Traffic Offenders Act 1988 and Motor Vehicles (Driving Licences) (Amendment) Regulations 2015 (S.I. 2015/2004), regs. 1, 2(2)

Modifications

  1. C58S. 37: 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))).
  2. C59Ss. 36(4), 37(3) extended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 5, Sch. 4 para. 7(5)