Discover the key requirements of “The Road Traffic Act 1988” and what it means for early drivers in the UK. This comprehensive overview will ensure you understand the law. Section 88 of the RTA 1988 allows drivers, in some cases, to continue to drive despite not holding a valid licence. This is in case the DVLA takes longer than expected to process your application. Many drivers during the covid crisis were driving under the 1988 Road Traffic Act Law.
What is Section 88 of the Road Traffic act 1988?
There are certain criteria you must meet in order to continue to drive under section 88, when your application is withe the DVLA.
- You must be confident you continue to be fit to drive and that your licence application will not be rejected.
- You must have made the application before your licence expires. i.e. it expired while it was being handled by the DVLA.
- You must only drive vehicles you were licenced to drive before you sent your application.
- You must continue to obey conditions set out in your previous licence. e.g. if you need to wear glasses
- The application has to have been sent to the DVLA in the past 12 months.
- Your licence must not have been suspended or revoked.
- You must not be disqualified by court
- You must not have been disqualified as a high-risk offender (drink driving disqualification) on or after 1/6/2013.
How do you know you meet section 88: the Road Traffic Act 1988 criteria?
The DVLA will not tell you if you meet the criteria. They will only explain the criteria for you.
If you are unsure whether or not you meet the criteria. You should ask the doctor who did your HGV medical for you.
They may even be able to produce a letter to say you met the group 2 licence criteria when you came for a medical.
You must remember, this only is applicable if the DVLA received your completed application before the expiry of your entitlement.
When does the road traffic act of 1988 entitlement stop?
- You get your licence back and it is renewed
- It has been over 12 months since your application was sent
- The DVLA send you a letter to say your licence is revoked or refused.
- You have been disqualified since your application
If you are worried about if you meet the medical standard just ask your GP or the doctor who did your medical. For more information on this visit the DVLA website.
Ultimately, It all starts with your HGV medical.
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