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Immediate suspension of driving licence in certain circumstances

Road Traffic Act 1961

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—(1) Where any police investigation into the possible commission of any offence mentioned in subsection (2) is started against any person who, while driving a motor vehicle on a road or in any public place, was involved in any traffic incident resulting in —(a)serious injury or death to another person; or(b)serious damage to any building or structure,the Deputy Commissioner of Police may, immediately upon or at any time after the start of the police investigation, suspend the driving licence of that person.(1A) At the start of or during any police investigation into the possible commission on or after 1 November 2019 by a person of any offence under section 64, 67 or 116, the Deputy Commissioner of Police may suspend the driving licence of the person.(2) Subsection (1) applies in respect of any of the following offences:(a)an offence under section 65 or 65A;(aa)an offence under section 64, 66 or 67 as in force immediately before 1 November 2019;(b)an offence under section 84(7) arising from a failure to comply with section 84(3);(c)an offence under section 3 of the Motor Vehicles (Third‑Party Risks and Compensation) Act 1960;(d)an offence under section 279, 304A or 338 of the Penal Code 1871.(3) The suspension of a person’s driving licence under subsection (1) or (1A), unless it is sooner rescinded by the Deputy Commissioner of Police under subsection (10), remains in force until the offence on account of which the person’s driving licence is so suspended has been tried and determined by a court.(4) Where the Deputy Commissioner of Police suspends the driving licence of a person under subsection (1) or (1A), the Deputy Commissioner of Police must, as soon as is practicable, give to the person concerned a written notice —(a)informing the person concerned of the suspension of his or her driving licence and the date from which the suspension is to take effect; and(b)requiring the person concerned to surrender his or her driving licence to the Deputy Commissioner of Police within the time specified in the notice.(5) A person who refuses or fails, without reasonable cause, or excuse to surrender his or her driving licence to the Deputy Commissioner of Police under subsection (4) shall be guilty of an offence.(6) Any person whose driving licence has been suspended under this section must not during the period of suspension drive a motor vehicle on a road under any other driving licence granted by any authority or otherwise.(7) Any person who drives a motor vehicle on a road when his or her driving licence is suspended under this section shall be guilty of an offence.(8) A person aggrieved by the suspension of his or her driving licence under subsection (1) or (1A) may, within 14 days after the receipt of the notice mentioned in subsection (4) or any extended period of time that the Commissioner of Police may allow in any particular case, appeal in writing against the suspension to the Commissioner of Police whose decision is final.(9) Even though any appeal under subsection (8) is pending, the suspension of a person’s driving licence under subsection (1) or (1A) takes effect from the date specified in the notice given to him or her by the Deputy Commissioner of Police under subsection (4), unless the Commissioner of Police otherwise orders.(10) The Deputy Commissioner of Police may, at any time, rescind the suspension of a person’s driving licence under subsection (1) or (1A) on account of any offence mentioned in subsection (2) or (1A), respectively, but must, as soon as is practicable, rescind the suspension if —(a)the investigation reveals that that person was not involved in the commission of any such offence;(b)it is decided that that person is not to be charged with any such offence; or(c)the charge against that person in respect of any such offence is withdrawn.(11) In this section, “structure” has the meaning given by section 65A(2).

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