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Penalties for obtaining licence when disqualified, etc.
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38.—(1) If any person in respect of whom a consequential disqualification order or an ancillary disqualification order or a special disqualification order has been made applies for or obtains, before the expiration of the period of disqualification specified in such order, a driving licence (other than such (if any) driving licence as he may be authorised by such order to hold) he shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding fifty pounds or at the discretion of the court to imprisonment for any term not exceeding three months or to both such fine and such imprisonment or, in the case of a second or any subsequent offence, to a fine not exceeding one hundred pounds or at the discretion of the court to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.
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(2) If any person whose driving licence or (in the case of a person who does not hold a driving licence) whose last driving licence is or was endorsed under this Part of this Act applies for or obtains a driving licence without giving particulars of such endorsement he shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding fifty pounds or at the discretion of the court to imprisonment for any term not exceeding three months or to both such fine and such imprisonment and, in the case of a second or subsequent offence, to a fine not exceeding one hundred pounds or at the discretion of the court to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.
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