Driving Licences (PDF) - Lesson 3

OFFICIAL Unit 9 Lesson 3...

OFFICIAL Unit 9 Lesson 3 Driving Licences Learning Aim: The learner will be able to explain the legislation covering Driving Licenses and the associated offences. Learning Outcomes: On successful completion of the lesson, Introduction students will be able to:- Police officers will regularly require individuals 1. State the offence created by Section 87 to produce their driving licences for of the Road Traffic Act 1988 (pg. 2) examination and to record the entitlement details of the licence. It is important that officers are aware of the:- 2. Explain the police powers to require legislation relating to driving production of a driving licence (pg. 9) licences information that is contained on a 3. Explain the offence of driving whilst driving licence and disqualified and the police powers in driving licence offences that may be relation to the offence (pg. 10) committed 4. Explain the offence of driving with The purpose of a driver licensing system is to uncorrected defective eyesight and the ensure that drivers are of the correct age, fit police powers in relation to this (pg. 11) enough and qualified to drive motor vehicles on a road. Driving licences are issued by the Secretary of State through the Driver and Vehicle Licensing Agency (DVLA). Before a full driving licence is issued, a driver must pass a basic theory test and a formal driving test. Until such time as a driver has passed an appropriate test, they may be issued with a provisional driving licence which is designed to cover the learning period and allows the learner to drive subject to certain restrictions. 1 th Amended 5 March 2024 v.3 OFFICIAL  OFFICIAL Unit 9 Lesson 3 Driving Licences Section 87 of Road Traffic Act 1988 This section creates an offence for any person:- to drive, or cause or permit another person to drive; any class of motor vehicle on a road; otherwise than in accordance with a licence authorising them to drive a motor vehicle of that class. Police Powers You would consider issuing an Endorsable Conditional Offer of Fixed Penalty for this offence. This will be further explained in the Conditional Offers lesson. Section 165A of the Road Traffic Act 1988 Reflect on the Insurance lesson 2.1. When you have stopped a motor vehicle on a road and required the driver to produce their driving licence and/or insurance certificate and they fail to do so, if you have reasonable grounds to believe that they are committing an offence under Section 87(1) or 143 of the Road Traffic Act 1988, you may seize the vehicle and remove it. Driving Licence Details Licences issued by DVLA are either Full or Provisional and are generally valid until the driver has attained 70 years of age, although photo cards must be renewed every 10 years. Where a person has not passed a driving test they may apply for:- a provisional moped licence a provisional motor cycle licence a provisional car licence A unique driver number is allocated to each driver. For the majority of drivers this number will remain with them throughout their life but it can change. This will happen in the case of people who choose to change their name either by marriage, divorce or legal arrangement or by changing gender and gaining a Gender Recognition Certificate in their acquired gender in terms of the Gender Recognition Act 2004. (See Appendix A for a breakdown of how the numbers are generated.) 2 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 3 Driving Licences Driving Licences Driving licences issued by DVLA are all now photo cards. Older licences were issued in paper format and varied in colour/layout (see Appendix B for examples). Paper licences are valid until they reach their expiry date or they need reissued (change of address etc.) and officers may be presented with one. If there is any doubt as to authenticity seek guidance from Roads Policing officers. Provisional Licences are issued to people who are learning to drive. The licence places restrictions on what can be driven/ridden and in what circumstances. Photo card provisional licences are green in colour. Full Licences are issued once a driver/rider has completed all of the required tests for that class of vehicle. The restrictions in place while learning are removed. Photo card full licences are pink in colour and have enhanced security features. (See Appendix B) The following information can be found on most driving licences:- Driver Number Electronic Endorsements (accessible via DVLA link) Name and Address of Holder Type of Licence Entitlements Date of Issue/Expiry Note:- If DVLA are of the opinion that a person is suffering from a disease or disability, which would make them a source of danger to the public, they may refuse the grant of a licence (or revoke a licence already granted) or apply conditions to the licence (for example, vehicle must be fitted with hand controls for braking and acceleration.) 3 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 3 Driving Licences Activity 1 A1 Look at this example and discuss:- A driving licence has been issued to a person called Angus Martin Ford who was born on the 21st March, 1962. He was given Driver Number - FORD 9603212AM9SY We will now break the number down into its component parts and see what each part refers to: FORD 9 First five letters of a surname. If less than five (as above) each letter less is substituted by a ‘9’. 603212 Digits 1 and 6 Year, i.e. (19)62 Digits 4 and 5 Date, i.e. 21st day Digits 2 and 3 Month 03, i.e. March Second Digit 0 or 1 Male: 603212 = 21.03.62 Second Digit 5 or 6 Female: 459067 = 06.09.47 AM9SY-AM Initials of first two names. If no middle name, second initial substituted by a ‘9’. 9 (Middle Digit) Always ‘9’ unless two drivers with identical name; date of birth etc. Then ‘9’ will change on one licence to ‘8’ to give unique driver number. SY Identification letters allocated randomly by DVLA. (See Appendix A for guidance on Driving Licence Numbers.) 4 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 3 Driving Licences Moped Licences Mopeds are a popular form of transport especially for commuting in towns and cities. They may also be used by 16 year olds as a first vehicle as they are relatively inexpensive. Mopeds may be propelled by electricity or internal combustion. In the case of the latter, they will have a maximum engine size of 50cc. There are 3 categories of moped - AM, P, and Q, each with different characteristics in relation to their design and maximum speed. P – motor vehicles with fewer than 4 wheels, with a maximum design speed of 45-50km/h. Q – motor vehicles with fewer than 4 wheels, with a maximum design speed of 25km/h or less. AM – includes 2 and 3-wheel vehicles and certain ‘light quadricycles’ (4 wheels, maximum weight 350kg) with a maximum design speed of 25- 45km/h. The moped entitlements on a person’s licence will be determined by several factors, including when they applied for their first provisional license, when they passed their driving test and whether they have completed Compulsory Basic Training. Ultimately, a person must have the correct entitlement for the type of moped they are using. ]Provisional Moped Licences To hold a provisional moped licence and ride on the road a rider must:- 1. Be a minimum age of 16 years 2. Undergo Compulsory Basic Training and hold a “Certificate of Completion” 3. Display ‘L’ plates 4. Not carry a pillion passenger 5 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 3 Driving Licences Full Moped Licences Before a full moped licence is issued an accompanied rider test must be passed. When this test has been passed a ‘Certificate of Competence’ is issued that allows the rider to ride without ‘L’ plates and carry a pillion passenger. This certificate must be submitted to DVLA who will then issue a full moped licence. Note:- Mopeds are not allowed on Motorways, regardless of what licence is held. Motorcycle Licences The definition of a motorcycle is:- “A Motorcycle is a mechanically propelled vehicle (not being an invalid carriage) with less than 4 wheels and not exceeding 410kg.” Provisional Motorcycle Licence To hold a provisional licence the holder must:- 1. Be minimum age of 17 years 2. Undergo Compulsory Basic Training (CBT) and hold a 'Certificate of Completion' before use on a road 3. Display ‘L’ plates 4. Not carry a pillion passengers 5. Not ride on a motorway The holder of a provisional licence must take and pass a test to gain a full licence within two years from the issue of the provisional licence, if this is not done the provisional licence will lapse for one full year. 6 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 3 Driving Licences Full Motorcycle Licence As with Mopeds, before a rider can be issued a full motorcycle licence they must first obtain a provisional, complete the CBT and pass an accompanied rider test. However, in order to protect the most vulnerable riders the size and power of a motorcycle that can be ridden varies with the age of the rider. Categories AM, A1 and A2 (see Appendix D) relate to motorcycles of restricted engine size and power which can be issued to younger riders by using the “Progressive Route”. As a rider gains experience and grows older they can sit successive tests allowing them to ride more powerful motorcycles, culminating with a full Category A licence at 21 years of age. Riders who are 24yrs or over can use the “Direct Route”. This allows them to learn and be tested on larger capacity machines and be issued a licence in category A, (unrestricted motorcycles of any size and power). Motor Car Licences Provisional Car Licences Before an individual can apply for a full driving licence they must have a Provisional Driving Licence and have passed the appropriate driving tests. The holder must be aged 17 years or over A provisional licence holder may drive a vehicle of the appropriate category if they comply with the following conditions:- 1. ‘L’ plates of the prescribed design must be fitted in the manner dictated for that particular type of vehicle. 2. The driver must be supervised by a person who is a minimum of 21 years of age AND has held a full licence for that group/category of vehicle for a minimum of three years. (This does not include motorcycles or mopeds). 3. A provisional licence holder may drive the vehicle on a motorway. They must be supervised by an approved driving instructor AND the car fitted with dual controls. When a provisional licence holder passes the appropriate test, they are issued with a ‘certificate of competence’. This permits them to drive the 7 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 3 Driving Licences relevant group of vehicle without ‘L’ plates or supervision etc., but does not entitle them to supervise other provisional licence holders. This certificate is valid for two years. If, at the end of the second year, the certificate has not been submitted to DVLA for a full driving licence, the holder reverts to being a provisional licence holder and is required to retake the test. Restriction of Driving Licence If a person takes a driving test in a vehicle which has automatic or semi- automatic transmission the licence will be restricted accordingly. Key Information KI Note:- Members of the armed forces are exempt from the above in the course of their duties. Persons in receipt of certain disability benefits may be able to apply for a provisional licence and undertake a driving test at 16. Full Car Licence Full car entitlement authorises the holder to drive that classification of vehicle as well as the following entitlemenst: - 1. Full moped entitlement (from 1st February 2001 there is a requirement to take basic training and obtain Certificate of Completion); and 2. Provisional motorcycle entitlement 8 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 3 Driving Licences Production of Driving Licences Section 164 of the Road Traffic Act 1988 provides that a Constable may require a person to produce their driving licence in the following circumstances:- 1. When driving a motor vehicle on a road. 2. When suspected of having committed a motoring offence. (This would cover persons responsible for cause and permit offences). 3. When suspected of driving a motor vehicle on a road when involved in a road collision. 4. If supervising a driver who is a provisional licence holder, in any of the above circumstances. A person is required to produce their driving licence for inspection:- 1. When required to do so; or 2. At a police station within seven days after the day the production was required (HO/RT/1 procedure). Note:- Where drivers are required to produce their driving licence they are no longer required to produce the counterpart. Refer to details relating to HO/RT1 procedure in the Vehicle Insurance lesson note. The driver MUST produce his/her licence and receipt personally in this instance to verify identity form the Licence image. Where a person fails to produce a driving licence for immediate inspection or where a Constable suspects that the driving licence produced is invalid due to:- 1. Forgery; or 2. Personating; or 3. Fraud. The Constable may require the person’s date of birth. It is an offence for any person to fail to meet the above requirements. 9 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 3 Driving Licences Disqualified Driving Section 103 of the RTA 1988 provides that person is guilty of an offence if, while disqualified from holding or obtaining a licence, they:- obtain a licence, or drive a motor vehicle on a road. A person convicted of certain traffic offences may be disqualified by the court for a specific period. Certain offences, such as drink driving, carry obligatory disqualification. Note:- Section 24(A) of the Criminal Procedure (Scotland) Act 1995 extends the availability of the penalty of disqualification to any case where the court considers it an appropriate punishment, e.g. if a vehicle is used by a thief to transport stolen property, on conviction the court may disqualify the thief from driving as well as imposing a more traditional penalty. Where a court does not choose to disqualify a person, the person’s licence may be endorsed with penalty points instead which are recorded electronically on the DVLA database. Penalty points are ‘live’ for up to three years but will remain on licence for 4 years for administration purposes. If a person accumulates 12 or more points they must be disqualified. After the period of disqualification is spent the person reverts to a zero score. Note:- If a person is disqualified they are prohibited from gaining or keeping a driving licence for a particular class of vehicle. There is a gap in legislation where clear guidance is found to be absent on whether a vehicle driven by a disqualified driver can be seized under S165A or not. Guidance from the Road Policing Unit is that a Motor Insurance company will rarely, if ever, honour an insurance policy under such circumstances. Therefore, where this situation arises, contact should be made with the Insurance Company (if there is one) in order to establish their position. If the policy will not be honoured, the vehicle can be seized due to there being no insurance. 10 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 3 Driving Licences Police Powers A constable in uniform may arrest without warrant any person driving a motor vehicle on a road whom they have reasonable cause to suspect of being disqualified. You should, therefore, consider using your power of arrest under Section 1 of the Criminal Justice (Scotland) Act 2016 for driving whilst disqualified. New Drivers A special provision exists for drivers who have recently passed a driving test. The Road Traffic (New Drivers) Act 1995, created a “probationary period” of two years beginning with the day on which the person first passes a driving test for any class of vehicle. Note:- Where six or more penalty points are accumulated within the probationary period, the licence will be revoked. After revocation the person may then hold a provisional licence until passing a retest, which will restore previous entitlements. The purpose of the legislation is to promote good driver behaviour and reduce casualties among newly qualified drivers. Driving with Uncorrected Defective Eyesight Section 96 of the Road Traffic Act 1988 creates an offence for any person to drive a motor vehicle on a road with uncorrected defective eyesight. A Constable, having reason to suspect the above, may subject that person to an eyesight test. The conditions of an eyesight test are:- 1. The test must be carried out in good daylight 2. Glasses, if worn at the time of the driving, may be used 3. The subject must be able to read a motor vehicle registration mark with characters 79mm high and 50mm wide at a distance of 20 metres (Post 2001 - e.g. SM51 ZZJ, Pre 2001 - Read registration mark 79mm and 57mm wide at 20.5 metres e.g. K817 KWU) It is an offence for the person to refuse to submit to the test. Note:- Where the offender in this section is detected, appropriate measurements should be noted for evidential purposes to show that the test was fair to the accused. 11 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 3 Driving Licences Appendix A Driving Licence Numbers SURNAME DECADE MONTH DATE YEAR INITIAL 9+ RANDOM DIGITS 1-5 6 7-8 9 - 10 11 12 - 13 14 - 16 E.G. JOHN SMITH 7 04 19 2 J9 9 ?? SMITH BORN 19/04/72:- SMITH704 192J99?? Male Female JAN 01 51 FEB 02 52 MAR 03 53 APR 04 54 MAY 05 55 JUN 06 56 JUL 07 57 AUG 08 58 SEP 09 59 OCT 10 60 NOV 11 61 DEC 12 62 12 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 3 Driving Licences Appendix B Full Driving Licence Formats Green Licence Pink Licence Photocard Licence Green and Pink Licence 13 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 3 Driving Licences Appendix C 14 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 3 Driving Licences Appendix C 15 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 3 Driving Licences Appendix C 16 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 3 Driving Licences Appendix C 17 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 3 Driving Licences Appendix C 18 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 3 Driving Licences Appendix D - Motorcycle Licence Categories Licence Vehicles Requirements Minimum age Category for licence AM Mopeds with Compulsory basic 16 speed range of training (CBT), 25km/h to 45 theory test, km/h, practical test on all powered 2- wheeled mopeds. AM Small 3-wheelers CBT, theory test, 16 (up to 50 cc and practical test below 4 kW) AM Light CBT, theory test, 16 quadricycles practical test (weighing under 350 kg, top speed 45 km/h) Q Same as AM Granted with AM 16 plus 2 or 3- wheeled mopeds with top speed of 25 km/h A1 Light motorcycle CBT, theory test, 17 up to 11 kW (and practical test a power-to- weight ratio not more than 0.1 kW per kg) and 125 cc Motor tricycles with a power output not more than 15 kW A2 Standard Direct access 19 motorcycle up to route - theory and 35 kW (and a practical or power-to-weight ratio not more Progressive than 0.2 kW per access route - 2 kg), bike mustn’t year’s experience be derived from on A1 motorbike vehicle more and a further than twice its practical test power 19 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 3 Driving Licences For further information, use the resources shown below:- Legal Database:- Road Traffic Law - Road Traffic Legislation - Road Traffic Act 1988 - Part 3 - Licensing of Drivers and Vehicles Legal Database:- Road Traffic Law - Documentation - Driving Licences and Permits Review: You can state the offence created by Section 87 of the Road Traffic Act 1988 You can explain the police powers to require production of a driving licence You can explain the offence of driving whilst disqualified and the police powers in relation to the offence You can explain the offence for a driver to drive with uncorrected defective eyesight and the police powers in relation to the offence 20 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 3 Driving Licences Learning Log: How will what you have learned in this module impact your day-to-day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 21 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 3 Driving Licences 22 Road Policing OFFICIAL