Commentary on Sections Part 3: Road Traffic Chapter 1: Convention on Driving Disqualifications Sections 59 to 62: Appeal against Disqualification and Power of Appellate Courts to Suspend Disqualification
126.Section 59 enables a person disqualified under section 57 to appeal on limited grounds to their local magistrates’ court in England and Wales, the sheriff court in Scotland or a court of summary jurisdiction in Northern Ireland. The appeal is only concerned with the imposition of the disqualification under section 57 and has no bearing on the conviction and disqualification in the State of the offence. An appeal must be made within 21 days of the notice of disqualification being issued (although the appropriate Minister may by regulations substitute a longer period). Separate provision is made in sections 60 to 62 for the appellate courts in each part of the UK, where the court thinks fit, to suspend the disqualification and notify the appropriate Minister that it has done so. If the court allows the appeal it is also required to notify the appropriate Minister.