Section 88 Of The Road Traffic Act 1988

In short, Section 88 of the Road Traffic Act 1988 outlines the criteria that must be fulfilled to drive a motor vehicle in absence of a licence. There are many instances in which road users may lose, or not have, a valid licence. Most commonly this may be as a result of a revocation, driving ban or expiration of the relevant licence. Unfortunately, the difficulties do not necessarily end when any ban or revocation ends or indeed when you become aware that your licence has expired. Many drivers are left waiting for a new licence to be processed despite having made the relevant application.

It is for these specific circumstances that Section 88 of the Road Traffic Act 1988 exists. Should a driver comply with the requirements of Section 88 they are legally able to drive a vehicle in absence of the new licence being received.

This article will cover the circumstances in which road users can continue to drive without a licence and those in which they cannot. Our article Driving Without a Licence – Penalties, Points and Potential Appeals, may be of interest.

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What Is Section 88 Of The Road Traffic Act?

The DVLA is aware of how inconvenient it can be to apply for a new driving licence, and how much motorists rely on their licence to go about their everyday lives. Delays are common when applying for a driving licence, so Section 88 was created to try and reduce the impact that applying for a new driving licence has on motorists.

Section 88 of the Road Traffic Act 1988 permits drivers to continue driving after their licence has expired, providing certain conditions are met. One of the key conditions that must be met is that an application for a replacement licence has been received by the DVLA.

When you apply for a new driving licence, the DVLA will send acknowledgement of the application through email or SMS, providing these details are provided within the application. If an email address or mobile phone number is not provided, the acknowledge of receipt of the application will be done by post.

Providing all other Section 88 criteria are met, the motorist is able to continue driving on their expired licence as soon as the acknowledgement from the DVLA has been received. That means that you are able to continue driving whilst the DVLA process your application and post out your new driving licence.

Section 88 of the Road Traffic Act 1988

As described in the opening sentence, Section 88 of the Road Traffic Act 1988 outlines the relevant criteria that must be fulfilled in order to drive a motor vehicle (or cause and permit another to drive) in absence of a licence.

Holding a Previous Licence

Importantly the driver must have held one of the following licences previously:

• A UK licence to drive vehicles of that or a corresponding class; or
• A community licence to drive vehicles of that or a corresponding class; or
• A Northern Ireland licence to drive vehicles of that or a corresponding class; or
• A British external licence or British Forces licence to drive vehicles of that or a corresponding class; or
• An exchangeable licence to drive vehicles of that or a corresponding class.

For clarity, a community licence is one issued by a Member State to hauliers in order to engage in the international carriage of goods by road. These licences are often issued for a maximum of 10 years.

An exchangeable licence is a licence held by a ‘designated’ country which allows a driver to use their domestic licence for 12 months in Great Britain before having to exchange it with a UK licence. You usually have 5 years from the date you became a resident to exchange the licence. To check if you hold a licence from a ‘designated’ country please use the following government link:

https://www.gov.uk/driving-nongb-licence

Application or Compliance With Requirements

In addition to the above, you must also have either:

1. Made a qualifying application (as the driver) for the grant of a licence to drive vehicles of that class for a period which includes that time, and this must have been received by the Secretary of State; or
2. Had a licence to drive that class of vehicles revoked or surrendered (in pursuance of Section 99(2A), (3) or (4) of the Road Traffic Act 1988) and you have complied with any requirements imposed under Section 99(7B) of the Road Traffic Act 1988.

*It is important to clarify that you can NOT fulfil the second criterion if your licence was revoked or surrendered by way of a current disqualification or as a result of the licence having been granted in error*

Provisions of Section 97(3) & 98(2)

There is a final requirement that the provisions of Section 97(3) and 98(2) of the Road Traffic Act 1988, as they apply to any driving of vehicles of a specific class, are complied with.

Section 97(3) relates, in the most part, to the granting of a provisional licence and any restrictions that may be imposed alongside a provisional licence. You should be conscious of this provision if you are considering riding a moped or motorbike or have a disability.

Section 98(2) is far more straight forward and simply allows a person holding a valid licence for a specific class of motor vehicle to drive all other classes of motor vehicle as though they were a provisional licence holder.

Whilst all conditions must be complied with in order to drive under Section 88, you need only be worried with the content of Section 97(3) and 98(2) if you are driving as a provisional licence holder.

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A Qualifying Application

In most cases, drivers need to be concerned with whether they have indeed made a ‘qualifying application’ for the grant of a licence.

An application is considered as qualifying if:

• All previous requirements above are satisfied; and
• You are not subject to a current driving disqualification; and
• You are not suffering from any relevant disability at the time; and
• You pay any relevant fee required for the licence; and
• You surrender any previous licence granted to you; and
• You have not previously been disqualified from driving as a ‘high risk offender’; and
• You are not otherwise prevented from obtaining a licence.
• The application is less than 12 months old.

Finally, you MUST ensure that you have received confirmation that your licence has been received by the DVLA. If in doubt you should contact the DVLA to confirm if you are able to drive legally under Section 88.

Specific Scenarios

The specifics of your case must be considered before deciding whether you fulfil the requirements to drive under Section 88 and whilst awaiting a new licence. However, the following examples may assist in providing clarity:

1. You have held a full UK driving licence previously and have applied online for a renewal after the licence has passed the 10-year expiry date. Your circumstances have not changed since you were last issued with the full licence. The DVLA have received your application.

On the basis that you fulfil all other Section 88 criteria you should be able to drive whilst awaiting your new licence.

2. You have been diagnosed with a new medical condition and you have referenced this on the application sent to the DVLA. The DVLA have no previous record of any medical condition. The DVLA have received the application.

On the basis that you fulfil all other Section 88 criteria you should be able to drive whilst awaiting your new licence. However, it is important that you consider whether the medical condition would bar you from driving your vehicle. It is often best to consult with your doctor to ensure you would not be stopped from driving as a result of the medical condition. If in doubt contact the DVLA or opt to not drive during this time.

3. You have a continuing medical condition which has previously been declared to the DVLA. You have had a previous licence granted by the DVLA despite the medical condition and this condition has not changed. The DVLA have received the application.

On the basis that you fulfil all other Section 88 criteria you should be able to drive whilst awaiting your new licence. So long as your medical condition remains the same, it is safe to assume that your licence renewal should not be impacted by this.

4. You have recently been diagnosed with a medical condition and advised by your doctor to not drive any vehicles. You have applied for the renewal of your licence and have detailed this medical condition within your application. You have not been advised that your application has been received by the DVLA.

In this scenario there are a number of concerns that you do not fulfil the requirements of Section 88. Importantly, you have a medical condition which may impact your ability to drive and have not yet received confirmation that your application has been received. It would be wise in this scenario to await the outcome of your application before deciding to drive.

There are likely to be many scenarios in which you are unsure of whether you can drive under Section 88. It is best to either contact the DVLA or seek expert legal advice in order to clarify your position.

Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice

Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice

How To Renew A Driving Licence

Most driving licences expire after 10 years and will need to be renewed in order for you to continue to legally drive on UK roads. You should check section 4b of your photocard licence to confirm when this expires.

Applications for renewal can now be made online, at the post office and by postal request. Should you wish to make the relevant application for a renewal of your full or provisional licence online it will cost £14. The following government link will give you access to this service:

https://www.gov.uk/renew-driving-licence

Applying at the post office is relatively simple and will require you to take a copy of your current photocard licence (should you have this) and the reminder letter sent to you by the DVLA (advising that you renew your licence). The cost for an application at the post office is £21.50.

Applying by post is usually done when you have changed your name. You cannot apply for a renewal of your licence at the post office if your name has changed (although you can still apply online). You are required to fill out a ‘D1 Pack’ which includes a number of forms. Additionally, you will need to send a recent passport photo, your current photocard licence, a cheque for £17 and identity documents to confirm your change in name.

It is important to note that there is a different process for renewing:

• Licences if you are over 70 years of age
• 5-year bus or lorry licences
• Short-term medical licences

Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice

Section 88 – Conclusion

Most people will need to renew their licence multiple times over the course of their motoring life. It is often unclear whether you can drive legally whilst this process is ongoing and nobody wants to be found guilty of driving otherwise than in accordance with a licence due to a simple misunderstanding. Should you be unsure of the legalities of driving under Section 88 please do look to seek legal advice or speak with the DVLA directly.

If you are looking for expert legal advice relating to any of the above issues then please contact our office on 0151 944 4967 for a free consultation.

Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice

• About
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Neil Davies

Motoring Lawyer at Caddick Davies Solicitors

Caddick Davies is recognised as one of England and Wales’ leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or “totting up” (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence.

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