Road Traffic Act, 1961

Transfer of endorsement to new licence.

37.—(1) (a) Where a driving licence (in this section referred to as the new licence) is granted under this Part of this Act to a person who is at the time of the grant or was previously thereto the holder of a licence (in this section referred to as the previous licence) which was endorsed under this Part of this Act or Part III of the repealed Act, the licensing authority granting the new licence shall (unless such person has become entitled under this section to receive a driving licence free from endorsement) endorse on the new licence a copy of the endorsement or every endorsement on the previous licence, and the new licence so endorsed shall for all purposes be a driving licence endorsed under this Part of this Act.

(b) Nothing in paragraph (a) of this subsection shall apply in relation to an endorsement made pursuant to an order annulled on appeal,

(2) Where—

(a) a person who is or has been the holder of a licence endorsed under this Part of this Act or Part III of the repealed Act applies under and in accordance with this Act for a driving licence, and

(b) such person satisfies the licensing authority that—

(i) during a continuous period of not less than three years, or a series of discontinuous periods amounting in the aggregate to not less than five years, he has lawfully held a driving licence or a licence under Part III of the repealed Act, and

(ii) that, from the commencement of such continuous period or the first of such discontinuous periods (as the case may be) until the date of the application, he has not had—

(I) a driving licence held by him endorsed under this Part of this Act (disregarding an endorsement under this section of a new licence), or

(II) a licence under Part III of the repealed Act held by him endorsed under that Part (disregarding an endorsement under section 37 of the repealed Act of a new licence),

the driving licence (if any) granted on the application shall be granted without any endorsement under this Part of this Act and shall not be for any purpose a licence so endorsed.