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Road Traffic (New Drivers) Act 1995

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Point in time view as at 01/06/1997.

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Section 10(4).

SCHEDULE 2E+W+S Consequential amendments

The Road Traffic Act 1988 (c.52)E+W+S

1The Road Traffic Act 1988 shall be amended as follows.E+W+S

2(1)In the provisions mentioned in sub-paragraph (2) after “section 89 of this Act” insert “ or section 4(1) of or paragraph 6(1) or 9(1) of Schedule 1 to the Road Traffic (New Drivers) Act 1995 ”.E+W+S

(2)The provisions are—

(a)section 88(1A)(b)(ii) (meaning of “qualifying application” for purposes of exception to requirement that driver must have a licence);

(b)section 97(1)(d) (person to whom licence must be granted must be a person who is not prevented from obtaining it by section 89 of the Act).

The Road Traffic Offenders Act 1988 (c.53)E+W+S

3The Road Traffic Offenders Act 1988 shall be amended as follows.E+W+S

4In section 47 (supplementary provisions as to disqualifications and endorsements) after subsection (2) (cases where the court may or must send licence and its counterpart to the Secretary of State) insert—E+W+S

(2A)Subsection (2) above is subject to section 2(2) of and paragraph 7(2) of Schedule 1 to the Road Traffic (New Drivers) Act 1995 (obligation of court to send licence and its counterpart to the Secretary of State).

5In section 57 (endorsement of licences without hearings) after subsection (6) insert—E+W+S

(7)Subsections (3) and (4) above are subject to section 2(4)(a) of and paragraph 7(4)(a) of Schedule 1 to the Road Traffic (New Drivers) Act 1995; and the fixed penalty clerk need not comply with subsection (6) above in a case where he sends a person’s licence and its counterpart to the Secretary of State under section 2(4)(b) of or paragraph 7(4)(b) of Schedule 1 to that Act.

6In section 77 (endorsement where penalty paid) after subsection (9) insert—E+W+S

(10)Subsection (1) above is subject to section 2(4)(a) of and paragraph 7(4)(a) of Schedule 1 to the Road Traffic (New Drivers) Act 1995; and the fixed penalty clerk need not send a notice falling within subsection (6)(a) above in a case where he sends a person’s licence and its counterpart to the Secretary of State under section 2(4)(b) of or paragraph 7(4)(b) of Schedule 1 to that Act.

7In Schedule 1 (offences to which various sections of the Act apply), in paragraph 2 (offences to which section 6 applies) omit the word “and” immediately preceding paragraph (c) and after that paragraph insert and E+W+S

(d)to an offence under paragraph 3(5) of Schedule 1 to the Road Traffic (New Drivers) Act 1995.

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