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Road Safety Act 2006

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Payments for road safetyE+W+S+N.I.

1Road safety grantsE+W

For section 40 of the Road Traffic Act 1988 (c. 52) (power to subsidise promotion of road safety by bodies other than local authorities) substitute—

40Road safety grants

(1)A national transport authority may make payments to any local authority or any other authority or body for meeting the whole or part of the capital or running costs of any measures for promoting road safety.

(2)A “national transport authority” means—

(a)the Secretary of State acting with the approval of the Treasury, or

(b)the National Assembly for Wales.

2Application of surplus income from safety camera enforcementE+W+S+N.I.

(1)Section 38 of the Vehicles (Crime) Act 2001 (c. 3) (unified power for Secretary of State to fund speed cameras etc.) is amended as follows.

(2)In subsections (3) and (4), for “this section” substitute “ subsection (1) ”.

(3)After subsection (4) insert—

(4A)The Secretary of State may by regulations make provision for making to public authorities for road safety purposes payments calculated by reference to any amount by which—

(a)the amount of the sums paid into the Consolidated Fund in consequence of the commission of offences to which subsection (2) applies and which are detected by cameras, exceeds

(b)the amount of any payments made under subsection (1).

Fixed penaltiesE+W+S+N.I.

3Graduated fixed penaltiesE+W+S+N.I.

(1)The Road Traffic Offenders Act 1988 (c. 53) is amended as follows.

(2)In section 53 (amount of fixed penalty), for subsections (2) and (3) substitute—

(2)Any order made under subsection (1)(a) above in relation to an offence may make provision for the fixed penalty for the offence to be different depending on the circumstances, including (in particular)—

(a)the nature of the contravention or failure constituting the offence,

(b)how serious it is,

(c)the area, or sort of place, where it takes place, and

(d)whether the offender appears to have committed any offence or offences of a description specified in the order during a period so specified.

(3)In section 84(2) (regulations about surcharge notices), for paragraphs (b) and (c) substitute and

(b)the amount of the penalty stated in the offer is less than the fixed penalty applicable in the circumstances,.

4Graduated fixed penalty pointsE+W+S+N.I.

(1)Section 28 of the Road Traffic Offenders Act 1988 (penalty points to be attributed to an offence) is amended as follows.

(2)For subsection (3) substitute—

(3)For the purposes of sections 57(5) and 77(5) of this Act, the number of penalty points to be attributed to an offence is—

(a)where both a range of numbers and a number followed by the words “(fixed penalty)” is shown in the last column of Part 1 of Schedule 2 to this Act in relation to the offence, that number,

(b)where a range of numbers followed by the words “or appropriate penalty points (fixed penalty)” is shown there in relation to the offence, the appropriate number of penalty points for the offence, and

(c)where only a range of numbers is shown there in relation to the offence, the lowest number in the range.

(3A)For the purposes of subsection (3)(b) above the appropriate number of penalty points for an offence is such number of penalty points as the Secretary of State may by order made by statutory instrument prescribe.

(3B)An order made under subsection (3A) above in relation to an offence may make provision for the appropriate number of penalty points for the offence to be different depending on the circumstances, including (in particular)—

(a)the nature of the contravention or failure constituting the offence,

(b)how serious it is,

(c)the area, or sort of place, where it takes place, and

(d)whether the offender appears to have committed any offence or offences of a description specified in the order during a period so specified.

(3)In subsection (7), in paragraph (b), after “penalty)” insert “ or the words “or appropriate penalty points (fixed penalty)” .

(4)Before the word “and” at the end of that paragraph insert—

(ba)substitute the words “or appropriate penalty points (fixed penalty)” for a number together with the words “(fixed penalty)”, or substitute a number together with the words “(fixed penalty)” for the words “or appropriate penalty points (fixed penalty)”, in relation to an offence in the last column of Part 1 or 2,.

(5)After subsection (8) insert—

(8A)Before making any order under subsection (3A) above the Secretary of State must consult with such representative organisations as he thinks fit.

(6)In subsection (9), for “subsection (7) above” substitute “ this section ”.

5Giving of fixed penalty notices by vehicle examinersE+W+S+N.I.

Schedule 1 contains provision about the giving of fixed penalty notices by vehicle examiners and connected matters.

6Goods vehicles operator licensingE+W+S+N.I.

(1)The Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) is amended as follows.

(2)In subsection (1) of section 9 (duty of applicant for operator's licence to notify traffic commissioner of notifiable conviction subsequent to making of application), insert at the end “ or there is issued a notifiable fixed penalty notice within the meaning given in paragraph 7 of that Schedule. ”

(3)In subsection (3)(b) of that section (offence of failing to notify conviction of transport manager), insert at the end “ or the issue to the transport manager of a fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988 in respect of such an offence. ”

(4)In subsection (1) of section 26 (revocation, suspension and curtailment of operators' licences), after paragraph (c) insert—

(ca)that during those five years a fixed penalty notice or conditional offer has been issued under Part 3 of the Road Traffic Offenders Act 1988 to the licence-holder in respect of an offence within sub-paragraph (i) of paragraph (c) or to a servant or agent of the licence-holder in respect of an offence within sub-paragraph (ii) of that paragraph;.

(5)In paragraph (d) of that subsection, insert at the end “ or an issue of a fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988 to the licence-holder or a servant or agent of his in respect of such an offence; ”.

(6)In paragraph 1 of Schedule 2 (information about, and convictions of, applicants for and holders of operators' licences), after paragraph (f) insert—

(fa)particulars of any notifiable fixed penalty notices which have been issued during those five years;.

(7)After paragraph 6 of that Schedule insert—

“Notifiable fixed penalty notices”

7In paragraph 1(fa) “notifiable fixed penalty notice” means any fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988—

(a)issued to a relevant person in respect of an offence such as is mentioned in paragraph 5, or

(b)issued to a servant or agent of a relevant person in respect of an offence within paragraph 4(b).

7Public passenger vehicle licensingE+W+S+N.I.

(1)The Public Passenger Vehicles Act 1981 (c. 14) is amended as follows.

(2)In section 19 (duty of applicant for PSV operator's licence to inform traffic commissioners of relevant convictions etc.), after subsection (2) insert—

(2A)For the purposes of subsections (1) and (2) above the issue to a person of a fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988 in respect of an offence prescribed for the purposes of this Act is to be treated as if it were a relevant conviction of him.

(3)In sub-paragraph (1) of paragraph 1 of Schedule 3 (supplementary provisions as to qualifications for PSV operator's licence), before the word “and” at the end of paragraph (a) insert—

(aa)relevant fixed penalty notices issued to him and to his employees and agents;.

(4)In sub-paragraph (2) of that paragraph, before the word “and” at the end of paragraph (a) insert—

(aa)relevant fixed penalty notices issued to the company's officers, employees and agents;.

(5)After that sub-paragraph insert—

(2A)In sub-paragraphs (1)(aa) and (2)(aa) above “relevant fixed penalty notice” means a fixed penalty notice or conditional offer issued under Part 3 of the Road Traffic Offenders Act 1988 in respect of an offence prescribed for the purposes of this Act.

New system of endorsementE+W+S+N.I.

8Driving recordE+W+S+N.I.

In the Road Traffic Offenders Act 1988 (c. 53), after section 97 insert—

97AMeaning of “driving record”

(1)In this Act “driving record”, in relation to a person, means a record in relation to the person maintained by the Secretary of State and designed to be endorsed with particulars relating to offences committed by the person under the Traffic Acts.

(2)The Secretary of State may make arrangements for the following persons to have access, by such means as the Secretary of State may determine, to information held on a person's driving record—

(a)courts,

(b)constables,

(c)fixed penalty clerks,

(d)the person in respect of whom the record is maintained and persons authorised by him, and

(e)other persons prescribed in regulations made by the Secretary of State.

(3)The power to make regulations under subsection (2)(e) above shall be exercisable by statutory instrument.

(4)No regulations shall be made under subsection (2)(e) above unless a draft of the instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

9Unlicensed and foreign driversE+W+S+N.I.

(1)The Road Traffic Offenders Act 1988 is amended as follows.

(2)In section 44 (endorsement of licences)—

(a)after subsection (3) insert—

(3A)Where a person who is not the holder of a licence is convicted of an offence involving obligatory endorsement, subsection (1) above applies as if the reference to the counterpart of any licence held by him were a reference to his driving record., and

(b)for the heading substitute “ Orders for endorsement ”.

(3)After that section insert—

44AEndorsement of driving record in accordance with order

(1)Where the court orders the endorsement of a person's driving record with any particulars or penalty points it must send notice of the order to the Secretary of State.

(2)On receiving the notice, the Secretary of State must endorse those particulars or penalty points on the person's driving record.

(3)A notice sent by the court to the Secretary of State in pursuance of this section must be sent in such manner and to such address and contain such particulars as the Secretary of State may require.

(4)In section 54 (notices on-the-spot etc.), after subsection (5) insert—

(5A)Where the offence appears to the constable or vehicle examiner to involve obligatory endorsement, and the person is not the holder of a licence, the constable or vehicle examiner may only give him a fixed penalty notice under subsection (2) above in respect of the offence if the constable or vehicle examiner is satisfied, on accessing information held on his driving record, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of that offence.

(5B)Subsection (5C) below applies where—

(a)the offence appears to the constable or vehicle examiner to involve obligatory endorsement,

(b)the person concerned is not the holder of a licence, and

(c)the constable or vehicle examiner is unable to satisfy himself, by accessing information held on his driving record, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of that offence.

(5C)Where this subsection applies, the constable or vehicle examiner may give the person a notice stating that if—

(a)he delivers the notice in accordance with subsection (5D) below, and

(b)the person to whom it is delivered is satisfied, on accessing information held on his driving record, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of the offence,

he will then be given a fixed penalty notice in respect of the offence.

(5D)Delivery must—

(a)if the notice is given by a constable, be made in person, within seven days after the notice is given, to a constable or authorised person at the police station specified in the notice (being a police station chosen by the person concerned), or

(b)if the notice is given by a vehicle examiner, be made (either by post or in person), within fourteen days after the notice is given, to the Secretary of State at the place specified in the notice.

(5E)If a person to whom a notice has been given under subsection (5C) above delivers the notice in accordance with subsection (5D) above, and the person to whom it is delivered is satisfied, on accessing information held on his driving record, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of the offence, that person must give him a fixed penalty notice in respect of the offence to which the notice under subsection (5C) relates.

(5)After section 57 insert—

57AEndorsement of driving records without hearings

(1)Subject to subsection (2) below, where a person who is not the holder of a licence has been given a fixed penalty notice under section 54 of this Act in respect of an offence involving obligatory endorsement, his driving record may be endorsed in accordance with this section without any order of a court.

(2)A person's driving record may not be endorsed under this section if at the end of the suspended enforcement period—

(a)he has given notice, in the manner specified in the fixed penalty notice, requesting a hearing in respect of the offence to which the fixed penalty notice relates, and

(b)the fixed penalty has not been paid in accordance with this Part of this Act.

(3)If payment of the fixed penalty is made before the end of the suspended enforcement period and the person to whom the payment is made is the fixed penalty clerk, the fixed penalty clerk must send to the Secretary of State notice of the relevant particulars which are to be endorsed on the person's driving record.

(4)Where any sum determined by reference to the fixed penalty is registered under section 71 of this Act for enforcement against the person as a fine in a case where the fixed penalty is required to be paid to the fixed penalty clerk, the fixed penalty clerk must send to the Secretary of State notice of the relevant particulars which are to be endorsed on the person's driving record—

(a)if he is himself the person who registers the sum, on the registration of that sum, and

(b)in any other case, on being notified of the registration by the person who registers that sum.

(5)The Secretary of State must endorse the relevant particulars on the person's driving record if—

(a)he receives notice of them under subsection (3) or (4) above,

(b)the fixed penalty is paid to him before the end of the suspended enforcement period, or

(c)in a case where the fixed penalty is required to be paid to the Secretary of State, any sum determined by reference to the fixed penalty is registered under section 71 of this Act for enforcement against the person as a fine.

(6)References in this section to the relevant particulars are to—

(a)particulars of the offence, including the date when it was committed, and

(b)the number of penalty points to be attributed to the offence.

(6)Schedule 2 contains further amendments about the endorsement of driving records in the case of unlicensed and certain foreign drivers.

10All driversE+W+S+N.I.

(1)The Road Traffic Offenders Act 1988 (c. 53) (as amended by section 9 and Schedule 2) is amended as follows.

(2)In section 44 (orders for endorsement)—

(a)in subsection (1), for “the counterpart of any licence held by him” substitute “ his driving record ”, and

(b)omit subsection (3A).

(3)Section 54 (notices on-the-spot etc.) is amended as follows.

(4)For subsections (3) to (5E) substitute—

(3)Where the offence appears to the constable or vehicle examiner to involve obligatory endorsement, the constable or vehicle examiner may only give him a fixed penalty notice under subsection (2) above in respect of the offence if—

(a)the constable or vehicle examiner is satisfied, on accessing information held on his driving record, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of that offence, and

(b)in the case of a person who is the holder of a licence, he produces it for inspection by the constable or vehicle examiner and surrenders it to him to be retained and dealt with in accordance with this Part of this Act.

(4)Where the offence appears to the constable or vehicle examiner to involve obligatory endorsement, subsection (5) below applies if—

(a)the constable or vehicle examiner is unable to satisfy himself, by accessing information held on his driving record, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of that offence, or

(b)in the case of a person who is the holder of a licence, he does not produce it for inspection by the constable or vehicle examiner.

(5)Where this subsection applies, the constable or vehicle examiner may give the person a notice stating that if—

(a)he delivers the notice and (if he is the holder of a licence) his licence in accordance with subsection (5A) below, and

(b)the requirements of subsection (5B) below are met,

he will then be given a fixed penalty notice in respect of the offence.

(5A)Delivery must—

(a)if the notice is given by a constable, be made in person, within seven days after the notice is given, to a constable or authorised person at the police station specified in the notice (being a police station chosen by the person concerned), or

(b)if the notice is given by a vehicle examiner, be made (either by post or in person), within fourteen days after the notice is given, to the Secretary of State at the place specified in the notice.

(5B)If a person to whom a notice has been given under subsection (5) above delivers the notice and (if he is the holder of a licence) his licence in accordance with subsection (5A) above, and the following requirements are met, that is—

(a)the person to whom the notice is delivered is satisfied, on accessing information held on his driving record, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of the offence, and

(b)if he is the holder of a licence, it is delivered to be retained and dealt with in accordance with this Part of this Act,

the person to whom the notice is delivered must give him a fixed penalty notice in respect of the offence to which the notice under subsection (5) above relates.

(5)In subsection (6), for “(4) or (5C)” substitute “ (5) ”.

(6)In subsection (7), omit “and a counterpart of a licence”.

(7)Omit section 57 (endorsement of counterparts without hearings).

(8)Section 57A (endorsement of driving records without hearings) is amended as follows.

(9)In subsection (1), omit “who is not the holder of a licence”.

(10)In subsection (3), at the end insert “ and return to that person any licence surrendered by him under section 54 of this Act. ”

(11)In subsection (4), after “record” insert “ and return to that person any licence surrendered by him under section 54 of this Act ”.

(12)Schedule 3 contains further amendments about the endorsement of driving records in the case of all drivers.

Deposits and prohibition on drivingE+W+S+N.I.

11Financial penalty depositsE+W+S+N.I.

(1)In the Road Traffic Offenders Act 1988 (c. 53), after Part 3 insert—

Part 3A E+W+S+N.I.Financial penalty deposits

90APower to impose financial penalty deposit requirement

(1)A constable or vehicle examiner may impose a financial penalty deposit requirement on a person on any occasion if the conditions in this section are satisfied.

(2)The constable or vehicle examiner must have reason to believe—

(a)that the person is committing or has on that occasion committed an offence relating to a motor vehicle, and

(b)that the person, the offence and the circumstances in which the offence is committed are of a description specified in an order made by the Secretary of State.

(3)The person must be—

(a)given written notification that it appears likely that proceedings will be brought against him in respect of the offence, or

(b)(if the offence is a fixed penalty offence) either given such notification or given a fixed penalty notice (or, in Scotland, handed a conditional offer) in respect of the offence.

(4)The person must fail to provide a satisfactory address; and for this purpose “a satisfactory address” is an address in the United Kingdom at which the constable or vehicle examiner considers it likely that it would be possible to find the person whenever necessary to do so in connection with the proceedings, fixed penalty notice or conditional offer.

(5)The person who is to impose the financial penalty deposit requirement—

(a)if a constable, must be in uniform, and

(b)if a vehicle examiner, must produce his authority.

90BFinancial penalty deposit requirement

(1)For the purposes of this Part of this Act a financial penalty deposit requirement is a requirement to make a payment of the appropriate amount to the Secretary of State—

(a)in a manner specified in an order made by him, and

(b)either immediately or within the relevant period.

(2)In this Part of this Act “the appropriate amount”, in relation to an offence and a person, is an amount specified in relation to the offence in an order made by the Secretary of State; and different amounts may be so specified—

(a)by reference to whether the person is given notification that it appears likely that proceedings will be brought against him or given a fixed penalty notice (or handed a conditional offer), and

(b)otherwise by reference to the circumstances of the offence.

(3)In this Part of this Act “the relevant period” means—

(a)if the person was given a fixed penalty notice and proceedings are not brought in respect of the offence by virtue of this Act before the end of the suspended enforcement period, the suspended enforcement period,

(b)if he was handed a conditional offer and proceedings are not brought in respect of the offence by virtue of this Act before the end of the period of 28 days following the date on which the conditional offer was given or any longer period specified in the conditional offer, that period, and

(c)otherwise, the period ending with the person being charged with the offence.

90CMaking of payment in compliance with requirement

(1)This section applies where a person on whom a financial penalty deposit requirement is imposed in respect of an offence makes a payment of the appropriate amount in accordance with section 90B(1) of this Act (and any order made under it).

(2)On payment by the person of the appropriate amount the person by whom the payment is received must issue him with a written receipt for the payment specifying the effect of the following provisions of this section.

(3)If the person was handed a conditional offer—

(a)the person is entitled to give notice requesting a hearing in respect of the offence, and

(b)the written receipt must specify the manner in which such notice is to be given.

(4)In a case where—

(a)a fixed penalty notice relating to the offence has been given to the person or a conditional offer so relating has been handed to him,

(b)the person does not give notice requesting a hearing in respect of the offence before the end of the relevant period in the appropriate manner, and

(c)proceedings are not brought in respect of the offence by virtue of this Act,

subsection (6) below applies.

(5)In subsection (4)(b) above “the appropriate manner” means—

(a)if the person was given a fixed penalty notice, the manner specified in the fixed penalty notice, and

(b)if he was handed a conditional offer, the manner specified in the written receipt under subsection (2) above.

(6)Where this subsection applies, the Secretary of State must—

(a)apply so much of the payment as does not exceed the amount of the fixed penalty in or towards payment of the fixed penalty, and

(b)take the appropriate steps to make any appropriate refund to the person.

(7)In any other case—

(a)if the person is informed that he is not to be prosecuted for the offence, is acquitted of the offence or is convicted but not fined in respect of it, or the prosecution period comes to an end without a prosecution having been commenced against him in respect of it, subsection (9) below applies, and

(b)if a fine is imposed on the person in respect of the offence (otherwise than as a result of a conviction obtained on a prosecution commenced after the end of the prosecution period), subsection (10) below applies.

(8)In this Part of this Act “the prosecution period” means the period of twelve months beginning with the imposition of the financial penalty deposit requirement or, if shorter, any period after which no prosecution may be commenced in respect of the offence.

(9)Where this subsection applies, the Secretary of State must take the appropriate steps to make the appropriate refund to the person.

(10)Where this subsection applies, the Secretary of State must—

(a)apply so much of the payment as does not exceed the amount of the fine in or towards payment of the fine, and

(b)take the appropriate steps to make any appropriate refund to the person.

(11)Where the Secretary of State is required by this section to take the appropriate steps to make an appropriate refund, he must take such steps to trace the person and to make the refund to him, by such means, as are specified in an order made by the Secretary of State.

(12)In this Part of this Act “the appropriate refund”, in any case, is a refund of—

(a)where subsection (6) above applies, so much of the payment as exceeds the amount of the fixed penalty,

(b)where subsection (9) above applies, the amount of the payment, and

(c)where subsection (10) above applies, so much of the amount of the payment as exceeds the amount of the fine,

together with interest calculated in accordance with provision made by order made by the Treasury.

90DProhibition on driving on failure to make payment

(1)This section applies where a person on whom a financial penalty deposit requirement is imposed does not make an immediate payment of the appropriate amount in accordance with section 90B(1) of this Act (and any order made under it).

(2)The constable or vehicle examiner by whom the requirement was imposed may prohibit the driving on a road of any vehicle of which the person was in charge at the time of the offence by giving to the person notice in writing of the prohibition.

(3)The prohibition—

(a)shall come into force as soon as the notice is given, and

(b)shall continue in force until the happening of whichever of the events in subsection (4) below occurs first.

(4)Those events are—

(a)the person making a payment of the appropriate amount in accordance with section 90B(1) of this Act (and any order made under it) at any time during the relevant period,

(b)(where a fixed penalty notice was given, or a conditional offer handed, to the person in respect of the offence) payment of the fixed penalty,

(c)the person being convicted or acquitted of the offence,

(d)the person being informed that he is not to be prosecuted for the offence, and

(e)the coming to an end of the prosecution period.

(5)A constable or vehicle examiner may by direction in writing require the person to remove the vehicle to which the prohibition relates (and, if it is a motor vehicle drawing a trailer, also to remove the trailer) to such place and subject to such conditions as are specified in the direction; and the prohibition does not apply to the removal of the vehicle (or trailer) in accordance with the direction.

(6)A person who—

(a)drives a vehicle in contravention of a prohibition under this section,

(b)causes or permits a vehicle to be driven in contravention of such a prohibition, or

(c)fails to comply within a reasonable time with a direction under subsection (5) above,

is guilty of an offence.

(7)The Secretary of State may by order provide for exceptions from subsection (6) above.

(8)Schedule 4 to the Road Safety Act 2006 makes provision about the immobilisation of vehicles the driving of which has been prohibited under this section and about their removal and disposal.

90EOrders about financial penalty deposits

(1)Any power conferred by section 90A, 90B, 90C or 90D of this Act on the Secretary of State or the Treasury to make an order shall be exercisable by statutory instrument.

(2)Before making an order under any of those sections the Secretary of State or the Treasury must consult with such representative organisations as appear appropriate.

(3)An order under any of those sections may make different provision for different cases.

(4)No order shall be made under section 90B(2) of this Act unless a draft of the instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

(5)A statutory instrument containing an order under section 90A, 90B(1), 90C or 90D of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

90FFinancial penalty deposits: interpretation

In sections 90A to 90D of this Act—

  • the appropriate amount” has the meaning given by section 90B(2) of this Act,

  • the appropriate refund” has the meaning given by section 90C(12) of this Act,

  • conditional offer” means a notice under section 75(3)(a) of this Act,

  • financial penalty deposit requirement” has the meaning given by section 90B(1) of this Act,

  • fixed penalty notice” has the meaning given by section 52 of this Act,

  • fixed penalty offence” is to be construed in accordance with section 51 of this Act,

  • the prosecution period” has the meaning given by section 90C(8) of this Act,

  • the relevant period” has the meaning given by section 90B(3) of this Act,

  • suspended enforcement period” is to be construed in accordance with section 52(3)(a) of this Act, and

  • vehicle examiner” means an examiner appointed under section 66A of the Road Traffic Act 1988.

(2)In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 67 of that Act insert—

Section 90D(6) of this ActDriving, etc., vehicle in contravention of prohibition for failure to pay financial penalty deposit, etc.Summarily.Level 5 on the standard scale.   

(3)Schedule 4 makes provision about the immobilisation of vehicles the driving of which has been prohibited and about their removal and disposal.

12Prohibition on driving: immobilisation, removal and disposal of vehiclesE+W+S+N.I.

(1)In section 99A of the Transport Act 1968 (c. 73) (powers to prohibit driving of vehicles in connection with contravention of provisions about drivers' hours), after subsection (5) insert—

(6)Schedule 4 to the Road Safety Act 2006 makes provision about the immobilisation of vehicles the driving of which has been prohibited under subsection (1) of this section and about their removal and disposal.

(2)In section 3 of the Road Traffic (Foreign Vehicles) Act 1972 (c. 27) (prohibition on driving of foreign vehicles: enforcement provisions), after subsection (7) insert—

(8)Schedule 4 to the Road Safety Act 2006 makes provision about the immobilisation of vehicles the driving of which has been prohibited under section 1 of this Act and about their removal and disposal.

(3)In section 73 of the Road Traffic Act 1988 (c. 52) (prohibition on driving of unfit or overloaded vehicles: supplementary provisions), after subsection (4) insert—

(5)Schedule 4 to the Road Safety Act 2006 makes provision about the immobilisation of vehicles the driving of which has been prohibited under section 69 or 70 of this Act and about their removal and disposal.

Drink-driving etc.E+W+S+N.I.

13High risk offenders: medical enquiries following disqualificationE+W+S+N.I.

(1)In section 88 of the Road Traffic Act 1988 (exceptions to requirement to hold driving licence), after subsection (2) insert—

(2A)Subsection (1) above does not apply by virtue of an application mentioned in paragraph (b) of that subsection having been received by the Secretary of State if—

(a)the application was made as a result of, or in anticipation of, the expiry of a disqualification relevant to the licence applied for,

(b)either the nature of the disqualification or its imposition within a particular period after an earlier disqualification amounted to circumstances prescribed under subsection (4) of section 94 of this Act (disqualification: high risk offenders), and

(c)the Secretary of State has notified the applicant that, because of that, he will be subject to a requirement under paragraph (a) or (b) of subsection (5) of that section.

(2)The amendment made by subsection (1) does not apply where the conviction in respect of which the disqualification was ordered was imposed before the coming into force of that subsection.

14Period of endorsement for failure to allow specimen to be testedE+W+S+N.I.

In section 45(7) of the Road Traffic Offenders Act 1988 (c. 53) (effect of endorsement: period for which effective), after paragraph (b) insert or

(c)under section 7A(6) of that Act (failing to allow a specimen to be subjected to laboratory test),.

15Alcohol ignition interlocksE+W+S+N.I.

(1)In the Road Traffic Offenders Act 1988, after section 34C insert—

34DReduced disqualification period: alcohol ignition interlock programme orders

(1)This section applies where—

(a)a person is convicted of a relevant drink offence by or before a court,

(b)he has committed another relevant drink offence at any time during the period of ten years ending with the date of the conviction,

(c)the court makes an order under section 34 of this Act but does not make an order under section 34A of this Act, and

(d)the period stated by the court as that for which, apart from this section, he would be disqualified (“the unreduced period”) is not less than two years.

(2)In this section “relevant drink offence” means—

(a)an offence under paragraph (a) of subsection (1) of section 3A of the Road Traffic Act 1988 (causing death by careless driving when unfit to drive through drink) committed when unfit to drive through drink,

(b)an offence under paragraph (b) of that subsection (causing death by careless driving with excess alcohol),

(c)an offence under paragraph (c) of that subsection (failing to provide a specimen) where the specimen is required in connection with drink or consumption of alcohol,

(d)an offence under section 4 of that Act (driving or being in charge when under influence of drink) committed by reason of unfitness through drink,

(e)an offence under section 5(1) of that Act (driving or being in charge with excess alcohol),

(f)an offence under section 7(6) of that Act (failing to provide a specimen) committed in the course of an investigation into an offence within any of the preceding paragraphs, or

(g)an offence under section 7A(6) of that Act (failing to allow a specimen to be subjected to a laboratory test) in the course of an investigation into an offence within any of the preceding paragraphs.

(3)Where this section applies, the court may specify a lesser period of disqualification (“the reduced period”) if it also makes an order (an “alcohol ignition interlock programme order”) requiring the offender to comply with the alcohol ignition interlock conditions.

(4)The difference between the unreduced period and the reduced period shall be a period specified in the order of—

(a)not less than 12 months, and

(b)not more than one half of the unreduced period.

(5)If the offender contravenes the alcohol ignition interlock conditions, a further order under section 34 disqualifying him for the rest of the unreduced period is to be treated as having been made by the court immediately before the contravention.

(6)“The alcohol ignition interlock conditions” are that the offender—

(a)must participate fully in an approved alcohol ignition interlock programme specified in the order during such part of the unreduced period as is so specified, and

(b)during the part of that period following the reduced period, must not drive a motor vehicle unless it is fitted with an alcohol ignition interlock in good working order and must not drive a motor vehicle which is so fitted when not using the alcohol ignition interlock properly.

(7)A court shall not make an alcohol ignition interlock programme order in the case of an offender unless—

(a)the court is satisfied that a place on the approved alcohol ignition interlock programme specified in the order will be available for the offender,

(b)the offender appears to the court to be of or over the age of 17,

(c)the court has informed the offender (orally or in writing and in ordinary language) of the effect of the order and the amount of the fees which he is required to pay for the programme and when he must pay them, and

(d)the offender has agreed that the order should be made.

(8)For the purposes of this section an “approved alcohol ignition interlock programme” is a programme approved by the appropriate national authority and involving the provision of an alcohol ignition interlock for use by the offender, training in its use and other education and counselling relating to the consumption of alcohol and driving.

(9)For the purposes of this section “alcohol ignition interlock” means a device—

(a)of a type approved by the Secretary of State, and

(b)designed to be fitted to a motor vehicle with the purpose of preventing the driving of the vehicle by a person who does not, both before starting driving the vehicle and at regular intervals while driving it, provide specimens of breath in which the proportion of alcohol is likely not to exceed the limit specified in subsection (10) below.

(10)That limit is 9 microgrammes of alcohol in 100 millilitres of breath or such other proportion of alcohol to breath as the Secretary of State may by regulations prescribe.

(11)For the purposes of this section an offender uses an alcohol ignition interlock properly if (and only if) he is complying with all the instructions given to him about its use as part of the approved alcohol ignition interlock programme.

(12)Where an alcohol ignition interlock is fitted to a motor vehicle as part of an approved alcohol ignition interlock programme relating to an offender, a person commits an offence if—

(a)he interferes with the alcohol ignition interlock with intent to cause it not to function or not to function properly, or

(b)he is a person other than the offender and provides or attempts to provide a specimen of breath for the purposes of the alcohol ignition interlock with intent to enable the driving (or continued driving) of the vehicle by the offender.

34ECertificates of failing fully to participate

(1)An offender shall be regarded for the purposes of section 34D of this Act as not fully participating in an approved alcohol ignition interlock programme if (and only if) a certificate that that is so is received by the proper officer of the supervising court.

(2)A certificate under subsection (1) above may be given if (and only if) the offender has failed—

(a)to make due payment of fees for the programme,

(b)to attend for training, education or counselling forming part of the programme in accordance with the programme provider's reasonable instructions,

(c)to attend at a place specified by the programme provider for the monitoring and maintenance of the alcohol ignition interlock, at a time specified by the programme provider or a person with whom the programme provider has made arrangements for its monitoring and maintenance, or

(d)to comply with any other reasonable requirement of the programme provider.

(3)A certificate under subsection (1) above is to be given by the programme provider and shall be in such form, and contain such particulars, as may be prescribed by, or determined in accordance with, regulations made by the appropriate national authority.

(4)Where a programme provider decides to give a certificate under subsection (1) above, he shall give written notice of the decision to the offender as soon as possible.

(5)An offender to whom a notice is given under subsection (4) above may, within such period as may be prescribed by rules of court, apply to the supervising court, or (if the supervising court is not the Crown Court, the High Court of Justiciary or the relevant local court) to either the supervising court or the relevant local court, for a declaration that the programme provider has given the certificate under subsection (1) above in contravention of subsection (2) above.

(6)If the court grants the application, section 34D of this Act shall have effect as if the certificate had not been duly received by the proper officer of the supervising court.

(7)A notice under subsection (4) above shall specify the ground on which it is given; and the appropriate national authority may by regulations make provision as to the form of notices under that subsection and as to the circumstances in which they are to be treated as given.

(8)Where the proper office of a court receives a certificate under subsection (1) above, or a court grants an application under subsection (5) above, the proper officer or court must send notice of that fact to the Secretary of State; and the notice must be sent in such manner and to such address, and must contain such particulars, as the Secretary of State may determine.

34FApproval of programmes

(1)If an application is made to the appropriate national authority for the approval of a programme for the purposes of section 34D of this Act, the appropriate national authority must decide whether to grant or refuse the application.

(2)In reaching that decision the appropriate national authority must have regard to—

(a)the nature of the programme, and

(b)whether the programme provider is an appropriate person to provide the programme and administer its provision efficiently and effectively,

and may take into account any recommendations made by any persons appointed to consider the application.

(3)A programme may be approved subject to conditions specified by the appropriate national authority.

(4)An approval of a programme is for the period specified by the appropriate national authority (which must not exceed seven years), subject to withdrawal of approval.

(5)Regulations made by the appropriate national authority may make provision in relation to the approval of programmes and may, in particular, include provision—

(a)in relation to the making of applications for approval,

(b)for the payment in respect of applications for approval, or of approvals, (or of both) of fees of such amounts as are prescribed by the regulations,

(c)specifying the maximum fees that a person may be required to pay for a programme and by when they are to be paid,

(d)for the monitoring of programmes and programme providers,

(e)in relation to withdrawing approval,

(f)for an appeal to lie to the Transport Tribunal against a refusal of an application for approval, the imposition of conditions on the grant of such an application or the withdrawal of approval, and

(g)authorising the appropriate national authority to make available (with or without charge) information about programmes and programme providers.

34GProvisions supplementary to sections 34D to 34F

(1)The appropriate national authority may issue guidance to programme providers, or to any category of programme provider, as to the conduct of programmes approved for the purposes of section 34D of this Act; and—

(a)programme providers shall have regard to any guidance given to them under this subsection, and

(b)in determining for the purposes of section 34E of this Act whether any instructions or requirements of a programme provider were reasonable, a court shall have regard to any guidance given to him under this subsection.

(2)The Secretary of State may by regulations make provision—

(a)amending section 34D(1)(b) of this Act by substituting for the period for the time being specified there a different period,

(b)amending section 34D(1)(d) of this Act by substituting for the period for the time being specified there a different period, or

(c)amending section 34D(4) of this Act by substituting for the period for the time being specified there a different period, or by substituting for the fraction of the unreduced period for the time being specified there a different fraction of that period, (or by doing both).

(3)In sections 34D to 34F of this Act and this section—

  • appropriate national authority” means (as respects Wales) the National Assembly for Wales and (otherwise) the Secretary of State;

  • contravention” includes failure to comply;

  • programme provider”, in relation to an alcohol ignition interlock programme, means the person by whom it is, or is to be, provided;

  • proper officer” means—

    (a)

    in relation to a magistrates' court in England and Wales, the designated officer for the court, and

    (b)

    otherwise, the clerk of the court;

  • relevant local court”, in relation to an alcohol ignition interlock programme order in the case of an offender, means—

    (a)

    in England and Wales, a magistrates' court acting for the local justice area in which the offender resides, and

    (b)

    in Scotland, the sheriff court for the district where the offender resides or, where the order is made by a stipendiary magistrate and the offender resides within his commission area, the district court for that area; and

  • supervising court”, in relation to an alcohol ignition interlock programme order, means—

    (a)

    in England and Wales, if the Crown Court made the order the Crown Court and otherwise a magistrates' court acting for the same local justice area as the court which made the order, and

    (b)

    in Scotland, the court which made the order.

(4)Any power to make regulations under section 34D, 34E or 34F of this Act or this section includes power to make different provision for different cases, and to make such incidental or supplementary provision as appears to the appropriate national authority to be necessary or appropriate.

(5)Any power to make regulations under section 34D, 34E or 34F of this Act or this section shall be exercisable by statutory instrument.

(6)A statutory instrument containing regulations made under section 34D, 34E or 34F of this Act by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)No regulations shall be made under this section unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(2)In the Road Traffic Offenders Act 1988 (c. 53), after section 41A insert—

41BSuspension of certificate pending determination of applications under section 34E

(1)Where a person given a certificate under subsection (1) of section 34E of this Act makes an application to a court under subsection (5) of that section, the court may suspend the effect of the certificate pending the determination of the application.

(2)Where a court exercises its power under subsection (1) above it must send notice of the suspension to the Secretary of State.

(3)The notice must be sent in such manner and to such address and must contain such particulars, as the Secretary of State may determine.

(3)In Schedule 1 to that Act (offences to which certain sections apply)—

(a)in paragraph 3, after paragraph (a) insert—

(aa)an offence under section 34D(12) of this Act,, and

(b)in paragraph 4, before paragraph (a) insert—

(za)an offence under section 34D(12) of this Act,.

(4)In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 27 of that Act insert—

Section 34D(12) of this ActInterference etc. with alcohol ignition interlock.Summarily.Level 4 on the standard scale if the motor vehicle to which the alcohol ignition interlock is fitted is a goods vehicle or a vehicle adapted to carry more than eight passengers. Level 3 on the standard scale in any other case.   

16Experimental period for section 15E+W+S

(1)Subject as follows, no order shall be made under section 34D of the Road Traffic Offenders Act 1988 (c. 53) (inserted by section 15) after—

(a)the end of 2010, or

(b)such later time as may be specified in an order made by the Secretary of State.

(2)But at any time before the restriction imposed by subsection (1) has taken effect, the Secretary of State may by order provide that it shall not do so.

(3)In this section “the experimental period” means the period beginning when section 15 comes into force and ending—

(a)when the restriction imposed by subsection (1) takes effect, or

(b)if the Secretary of State makes an order under subsection (2), on a date specified in the order.

(4)During the experimental period—

(a)no order shall be made under section 34D by virtue of a person's conviction under section 3A of the Road Traffic Act 1988 (c. 52), and

(b)no order shall be made under section 34D except by a magistrates' court acting for a local justice area (or, in Scotland, a sheriff court for a district or a stipendiary magistrate for a commission area) which is for the time being designated for the purposes of this section.

(5)In relation to orders made under section 34D during the experimental period, section 34E(5) shall have effect with the omission of the references to the relevant local court.

(6)The power to designate an area or district for the purposes of this section is exercisable by the Secretary of State by order, and includes power to revoke a designation previously made.

(7)An order under subsection (6) must specify the period for which an area or district is designated, and may—

(a)specify different periods for different areas or districts, and

(b)extend or shorten any period previously specified.

(8)The power to make an order under subsection (1) is not exercisable after the end of 2010, and no more than one order may be made under that subsection.

(9)Any power of the Secretary of State to make orders under this section is exercisable by statutory instrument, and—

(a)no order is to be made under subsection (1) or (2) unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament, and

(b)any statutory instrument containing an order under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.

SpeedingE+W+S+N.I.

17Penalty pointsE+W+S+N.I.

In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences: offences under the Traffic Acts), in column (7) (penalty points)—

(a)for the entry relating to section 17(4) of the Road Traffic Regulation Act 1984 (c. 27) (traffic regulation on special roads), substitute “ 2-6 or appropriate penalty points (fixed penalty) if committed in respect of a speed limit, 3 in any other case ”, and

(b)for the entry relating to section 89(1) of that Act (speeding offences other than those on special roads), substitute “ 2-6 or appropriate penalty points (fixed penalty) ”.

18Speed assessment equipment detection devicesE+W+S+N.I.

(1)In section 41 of the Road Traffic Act 1988 (c. 52) (regulation of construction, weight, equipment and use of vehicles)—

(a)in subsection (2), at the end insert—

(m)speed assessment equipment detection devices., and

(b)in subsection (7), at the end insert—

speed assessment equipment detection device” means a device the purpose, or one of the purposes, of which is to detect, or interfere with the operation of, equipment used to assess the speed of motor vehicles.

(2)After section 41B of that Act (breach of requirement as to weight: goods and passenger vehicles) insert—

41CBreach of requirement as to speed assessment equipment detection devices

A person who—

(a)contravenes or fails to comply with a construction or use requirement as to speed assessment equipment detection devices, or

(b)uses on a road a motor vehicle or trailer which does not comply with such a requirement, or causes or permits a motor vehicle or trailer to be so used,

is guilty of an offence.

(3)In section 42(a) of that Act (breach of other construction and use requirements), for “or 41B(1)(a)” substitute “ , 41B(1)(a), 41C(a) ”.

(4)In section 98(1) of the Road Traffic Offenders Act 1988 (c. 53) (interpretation), at the appropriate place insert—

“special road” in England and Wales has the same meaning as in the Highways Act 1980 and in Scotland has the same meaning as in the Roads (Scotland) Act 1984,.

(5)In Schedule 1 to that Act (offences to which certain sections apply), after the entry relating to section 41B of the Road Traffic Act 1988 (c. 52) insert—

RTA section 41CBreach of requirement as to speed assessment equipment detection device.Sections 11 and 12(1) of this Act.

(6)In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 41B of the Road Traffic Act 1988 insert—

RTA section 41CBreach of requirement as to speed assessment equipment detection devices.Summarily.

(a) Level 4 on the standard scale if committed on a special road.

(b) Level 3 on the standard scale in any other case.

Discretionary.Obligatory.3-6 or 3 (fixed penalty).

(7)In Schedule 3 to that Act (fixed penalty offences), after the entry relating to section 41B of the Road Traffic Act 1988 insert—

RTA section 41CBreach of requirement as to speed assessment equipment detection devices.

19Exemptions from speed limitsE+W+S+N.I.

For section 87 of the Road Traffic Regulation Act 1984 (c. 27) (exemption of fire, ambulance and police vehicles from speed limits) substitute—

87Exemptions from speed limits

(1)No statutory provision imposing a speed limit on motor vehicles shall apply to any vehicle on an occasion when—

(a)it is being used for fire and rescue authority purposes or for or in connection with the exercise of any function of a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005, for ambulance purposes or for police or Serious Organised Crime Agency purposes,

(b)it is being used for other prescribed purposes in such circumstances as may be prescribed, or

(c)it is being used for training persons to drive vehicles for use for any of the purposes mentioned in paragraph (a) or (b) above,

if the observance of that provision would be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion.

(2)Subsection (1) above does not apply unless the vehicle is being driven by a person who—

(a)has satisfactorily completed a course of training in the driving of vehicles at high speed provided in accordance with regulations under this section, or

(b)is driving the vehicle as part of such a course.

(3)The Secretary of State may by regulations make provision about courses of training in the driving of vehicles at high speed.

(4)The regulations may include—

(a)provision about the nature of courses,

(b)provision for the approval by the Secretary of State of persons providing courses or giving instruction on courses and the withdrawal of approvals (including provision for appeals against refusal and withdrawal of approvals),

(c)provision specifying the maximum fees that a person may be required to pay for a course,

(d)provision for the training or assessment, or the supervision of the training or assessment, of persons providing courses or giving instruction on courses,

(e)provision for the evidencing of the successful completion of courses,

(f)provision authorising the Secretary of State to make available information about persons providing courses or giving instruction on courses, and

(g)provision treating courses of training in the driving of vehicles at high speed which have been completed before the coming into force of the regulations as if they had been provided in accordance with the regulations.

(5)The regulations may include provision for the charging of reasonable fees in respect of any function conferred or imposed on the Secretary of State by the regulations.

(6)The regulations may make different provision—

(a)for different classes of vehicle,

(b)for different descriptions of persons, or

(c)otherwise for different circumstances.

New offencesE+W+S+N.I.

20Causing death by careless, or inconsiderate, drivingE+W+S+N.I.

(1)In the Road Traffic Act 1988 (c. 52), after section 2A insert—

2BCausing death by careless, or inconsiderate, driving

A person who causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.

(2)In section 24(1) of the Road Traffic Offenders Act 1988 (c. 53) (alternative verdicts), in the Table—

(a)in the entry relating to section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving), in the second column, after “Section 2 (dangerous driving)” insert “ Section 2B (causing death by careless, or inconsiderate, driving) ”,

(b)after the entry relating to section 2 of that Act insert—

Section 2B (causing death by careless, or inconsiderate, driving)Section 3 (careless, and inconsiderate, driving),

(c)in the entry relating to section 3A of that Act (causing death by careless driving when under influence of drink or drugs), in the second column, before “Section 3 (careless, and inconsiderate, driving)” insert “ Section 2B (causing death by careless, or inconsiderate, driving) ”.

(3)In Schedule 1 to the Road Traffic Offenders Act 1988 (offences to which certain sections apply), after the entry relating to section 2 of the Road Traffic Act 1988 insert—

RTA section 2BCausing death by careless, or inconsiderate, driving.Sections 11 and 12(1) of this Act.

(4)In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 2 of the Road Traffic Act 1988 insert—

RTA section 2BCausing death by careless, or inconsiderate, driving.(a) Summarily.(a) 12 months (in England and Wales) or 6 months (in Scotland) or the statutory maximum or both.Obligatory.Obligatory.3-11
  (b) On indictment.(b) 5 years or a fine or both.   

(5)In sections 16(1)(a)(ii) and 17(1)(b) and (2)(b) of the Coroners Act 1988 (c. 13) (informing coroners)—

(a)after “1” insert “ , 2B ”, and

(b)after “dangerous driving” insert “ , careless driving ”.

(6)In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act 2003 (c. 32) (offences where notice must be given to authority of State in which offender is normally resident), after paragraph (b) insert—

(ba)section 2B (causing death by careless, or inconsiderate, driving),.

21Causing death by driving: unlicensed, disqualified or uninsured driversE+W+S+N.I.

(1)In the Road Traffic Act 1988 (c. 52), after section 3ZA (inserted by section 30) insert—

3ZBCausing death by driving: unlicensed, disqualified or uninsured drivers

A person is guilty of an offence under this section if he causes the death of another person by driving a motor vehicle on a road and, at the time when he is driving, the circumstances are such that he is committing an offence under—

(a)section 87(1) of this Act (driving otherwise than in accordance with a licence),

(b)section 103(1)(b) of this Act (driving while disqualified), or

(c)section 143 of this Act (using motor vehicle while uninsured or unsecured against third party risks).

(2)In Schedule 1 to the Road Traffic Offenders Act 1988 (c. 53) (offences to which certain sections apply), after the entry relating to section 3 of the Road Traffic Act 1988 insert—

RTA section 3ZBCausing death by driving: unlicensed, disqualified or uninsured drivers.Sections 11 and 12(1) of this Act.

(3)In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 3 of the Road Traffic Act 1988 insert—

RTA section 3ZBCausing death by driving: unlicensed, disqualified or uninsured drivers.(a) Summarily.(a) 12 months (in England and Wales) or 6 months (in Scotland) or the statutory maximum or both.Obligatory.Obligatory.3-11
  (b) On indictment.(b) 2 years or a fine or both.   

(4)In sections 16(1)(a)(ii) and 17(1)(b) and (2)(b) of the Coroners Act 1988 (c. 13) (informing coroners)—

(a)before “or 3A” insert “ , 3ZB ”, and

(b)before “or careless” insert “ , unlicensed, disqualified or uninsured drivers ”.

(5)In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act 2003 (c. 32) (offences where notice must be given to authority of State in which offender is normally resident), after paragraph (c) insert—

(ca)section 3ZB (causing death by driving: unlicensed, disqualified or uninsured drivers),.

22Offence of keeping vehicle which does not meet insurance requirementsE+W+S+N.I.

(1)In the Road Traffic Act 1988 (c. 52), after section 144 insert—

144AOffence of keeping vehicle which does not meet insurance requirements

(1)If a motor vehicle registered under the Vehicle Excise and Registration Act 1994 does not meet the insurance requirements, the person in whose name the vehicle is registered is guilty of an offence.

(2)For the purposes of this section a vehicle meets the insurance requirements if—

(a)it is covered by a such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act, and

(b)either of the following conditions is satisfied.

(3)The first condition is that the policy or security, or the certificate of insurance or security which relates to it, identifies the vehicle by its registration mark as a vehicle which is covered by the policy or security.

(4)The second condition is that the vehicle is covered by the policy or security because—

(a)the policy or security covers any vehicle, or any vehicle of a particular description, the owner of which is a person named in the policy or security or in the certificate of insurance or security which relates to it, and

(b)the vehicle is owned by that person.

(5)For the purposes of this section a vehicle is covered by a policy of insurance or security if the policy of insurance or security is in force in relation to the use of the vehicle.

144BExceptions to section 144A offence

(1)A person (“the registered keeper”) in whose name a vehicle which does not meet the insurance requirements is registered at any particular time (“the relevant time”) does not commit an offence under section 144A of this Act at that time if any of the following conditions are satisfied.

(2)The first condition is that at the relevant time the vehicle is owned as described—

(a)in subsection (1) of section 144 of this Act, or

(b)in paragraph (a), (b), (da), (db), (dc) or (g) of subsection (2) of that section,

(whether or not at the relevant time it is being driven as described in that provision).

(3)The second condition is that at the relevant time the vehicle is owned with the intention that it should be used as described in paragraph (c), (d), (e) or (f) of section 144(2) of this Act.

(4)The third condition is that the registered keeper—

(a)is not at the relevant time the person keeping the vehicle, and

(b)if previously he was the person keeping the vehicle, he has by the relevant time complied with any requirements under subsection (7)(a) below that he is required to have complied with by the relevant or any earlier time.

(5)The fourth condition is that—

(a)the registered keeper is at the relevant time the person keeping the vehicle,

(b)at the relevant time the vehicle is not used on a road or other public place, and

(c)the registered keeper has by the relevant time complied with any requirements under subsection (7)(a) below that he is required to have complied with by the relevant or any earlier time.

(6)The fifth condition is that—

(a)the vehicle has been stolen before the relevant time,

(b)the vehicle has not been recovered by the relevant time, and

(c)any requirements under subsection (7)(b) below that, in connection with the theft, are required to have been complied with by the relevant or any earlier time have been complied with by the relevant time.

(7)Regulations may make provision—

(a)for the purposes of subsection (4)(b) and (5)(c) above, requiring a person in whose name a vehicle is registered to furnish such particulars and make such declarations as may be prescribed, and to do so at such times and in such manner as may be prescribed, and

(b)for the purposes of subsection (6)(c) above, as to the persons to whom, the times at which and the manner in which the theft of a vehicle is to be notified.

(8)Regulations may make provision amending this section for the purpose of providing for further exceptions to section 144A of this Act (or varying or revoking any such further exceptions).

(9)A person accused of an offence under section 144A of this Act is not entitled to the benefit of an exception conferred by or under this section unless evidence is adduced that is sufficient to raise an issue with respect to that exception; but where evidence is so adduced it is for the prosecution to prove beyond reasonable doubt that the exception does not apply.

144CFixed penalty notices

(1)Where on any occasion the Secretary of State has reason to believe that a person has committed an offence under section 144A of this Act, the Secretary of State may give the person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty to the Secretary of State.

(2)Where a person is given a notice under this section in respect of an offence under section 144A of this Act—

(a)no proceedings may be instituted for that offence before the end of the period of 21 days following the date of the notice, and

(b)he may not be convicted of that offence if he pays the fixed penalty before the end of that period.

(3)A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.

(4)A notice under this section must also state—

(a)the period during which, by virtue of subsection (2) above, proceedings will not be taken for the offence,

(b)the amount of the fixed penalty, and

(c)the person to whom and the address at which the fixed penalty may be paid.

(5)Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (4)(c) above at the address so mentioned.

(6)Where a letter is sent in accordance with subsection (5) above payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(7)Regulations may make provision as to any matter incidental to the operation of this section, and in particular—

(a)as to the form of a notice under this section,

(b)as to the information to be provided in such a notice by virtue of this section, and

(c)as to any further information to be provided in a such notice.

(8)The fixed penalty payable under this section is, subject to subsection (9) below, £100.

(9)Regulations may substitute a different amount for the amount for the time being specified in subsection (8) above.

(10)Regulations may make provision for treating a fixed penalty payable under this section as having been paid if a lesser amount is paid before the end of a prescribed period.

(11)In any proceedings a certificate which—

(a)purports to be signed by or on behalf of the Secretary of State, and

(b)states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

144DSection 144A offence: supplementary

(1)Schedule 2A makes provision about the immobilisation of vehicles as regards which it appears that an offence under section 144A of this Act is being committed and about their removal and disposal.

(2)A person authorised by the Secretary of State for the purposes of this subsection may on behalf of the Secretary of State conduct and appear in any proceedings by or against the Secretary of State in connection with the enforcement of an offence under section 144A of this Act or under regulations made under section 160 of this Act by virtue of Schedule 2A to this Act—

(a)in England and Wales, in a magistrates' court, and

(b)in Scotland, in any court other than the High Court of Justiciary or the Court of Session.

(2)Before section 160 of the Road Traffic Act 1988 (c. 52) insert—

159ADisclosure of information

(1)Regulations may make provision for and in connection with requiring MIIC to make information available to any prescribed person for the purposes of the exercise of any of that person's functions in connection with the enforcement of an offence under this Part of this Act or under regulations made under section 160 of this Act.

(2)In this section—

  • MIIC” means the Motor Insurers' Information Centre (a company limited by guarantee and incorporated under the Companies Act 1985 on 8th December 1998), and

  • information” means information held in any form.

(3)After Schedule 2 to that Act insert the Schedule 2A set out in Schedule 5 to this Act.

(4)In section 91(a) of the Road Traffic Offenders Act 1988 (c. 53) (penalty for breach of regulations: application to regulations under Road Traffic Act 1988), after “132” insert “ or under section 160 by virtue of Schedule 2A ”.

(5)In Schedule 1 to that Act (offences to which certain sections apply), after the entry relating to section 143 of the Road Traffic Act 1988 insert—

RTA section 144AKeeping vehicle which does not meet insurance requirements.Sections 6, 11 and 12(1) of this Act.

(6)Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts) is amended as follows.

(7)After the entry relating to section 143 of the Road Traffic Act 1988 insert—

RTA section 144AKeeping vehicle which does not meet insurance requirements.Summarily.Level 3 on the standard scale.   

(8)After the entry relating to section 154 of the Road Traffic Act 1988 insert—

Regulations under RTA section 160 made by virtue of paragraph 2(1) of Schedule 2AContravention of provision of regulations (which is declared by regulations to be an offence) prohibiting removal of or interference with immobilisation notice.Summarily.Level 2 on the standard scale.   
Regulations under RTA section 160 made by virtue of paragraph 2(2) of Schedule 2AContravention of provision of regulations (which is declared by regulations to be an offence) prohibiting removal or attempted removal of immobilisation device.Summarily.Level 3 on the standard scale.   
Regulations under RTA section 160 made by virtue of paragraph 2(3) of Schedule 2AContravention of provision of regulations (which is declared by regulations to be an offence) about display of disabled person's badge.Summarily.Level 3 on the standard scale.   
Regulations under RTA section 160 made by virtue of paragraph 2(4) of Schedule 2AContravention of provision of regulations (which is declared by regulations to be an offence) prohibiting making of false or misleading declaration to secure release of vehicle from immobilisation device.

(a) Summarily.

(b) On indictment.

(a) The statutory maximum.

(b) 2 years or a fine or both.

   
Regulations under RTA section 160 made by virtue of paragraph 4 of Schedule 2AContravention of provision of regulations (which is declared by regulations to be an offence) prohibiting making of false or misleading declaration to secure possession of vehicle in person's custody.

(a) Summarily.

(b) On indictment.

(a) The statutory maximum.

(b) 2 years or a fine or both.

   

Increases in penaltiesE+W+S+N.I.

23Careless, and inconsiderate, drivingE+W+S+N.I.

In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences: offences under the Traffic Acts), in the entry relating to section 3 of the Road Traffic Act 1988 (c. 52) (careless, and inconsiderate, driving), in column (4) (punishment), for “Level 4” substitute “ Level 5 ”.

24Breach of requirements relating to children and seat beltsE+W+S+N.I.

In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts), in the entry relating to section 15(4) of the Road Traffic Act 1988 (driving a motor vehicle in contravention of requirements relating to seat belts where children in rear seat), in column (4) (punishment), for “Level 1” substitute “ Level 2 ”.

25Using vehicle in dangerous condition etc.E+W+S+N.I.

(1)In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences: offences under the Traffic Acts), in the entry relating to section 40A of the Road Traffic Act 1988 (c. 52) (using vehicle in dangerous condition etc.), in column (5) (disqualification), for “Discretionary.” substitute—

(a) Obligatory if committed within three years of a previous conviction of the offender under section 40A.

(b) Discretionary in any other case.

(2)In section 34 of that Act (disqualification for certain offences), after subsection (4A) insert—

(4B)Where a person convicted of an offence under section 40A of the Road Traffic Act 1988 (using vehicle in dangerous condition etc.) has within the three years immediately preceding the commission of the offence been convicted of any such offence, subsection (1) above shall apply in relation to him as if the reference to twelve months were a reference to six months.

26Breach of requirements as to control of vehicle, mobile telephones etc.E+W+S+N.I.

(1)Before section 42 of the Road Traffic Act 1988 insert—

41DBreach of requirements as to control of vehicle, mobile telephones etc.

A person who contravenes or fails to comply with a construction and use requirement—

(a)as to not driving a motor vehicle in a position which does not give proper control or a full view of the road and traffic ahead, or not causing or permitting the driving of a motor vehicle by another person in such a position, or

(b)as to not driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device, or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device,

is guilty of an offence.

(2)In section 42(a) of that Act (breach of other construction and use requirements), before “of” insert “ or 41D ”.

(3)In Schedule 1 to the Road Traffic Offenders Act 1988 (offences to which certain sections apply), before the entry relating to section 42 of the Road Traffic Act 1988 insert—

RTA section 41D.Breach of requirements as to control of vehicle, mobile telephones etc.Sections 11 and 12(1) of this Act.

(4)In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), before the entry relating to section 42 of the Road Traffic Act 1988 (c. 52) insert—

RTA section 41DBreach of requirements as to control of vehicle, mobile telephones etc.Summarily.

(a) Level 4 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers.

(b) Level 3 on the standard scale in any other case.

Discretionary.Obligatory.3.

(5)In Schedule 3 to that Act (fixed penalty offences), before the entry relating to section 42 of the Road Traffic Act 1988 insert—

RTA section 41DBreach of requirement as to control of vehicle, mobile telephone etc.

27Power of police to stop vehicleE+W+S+N.I.

In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences: offences under the Traffic Acts), in the entry relating to section 163 of the Road Traffic Act 1988 (failing to stop mechanically propelled vehicle or cycle when required to do so), in column (4) (punishment), for “Level 3 on the standard scale.” substitute—

(a) Level 5 on the standard scale if committed by a person driving a mechanically propelled vehicle.

(b) Level 3 on the standard scale if committed by a person riding a cycle.and, in column (2) (general nature of offence), for “motor” substitute “ mechanically propelled ”.

28Furious drivingE+W+S+N.I.

In Part 2 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences otherwise than under the Traffic Acts), after the entry relating to manslaughter and culpable homicide insert—

An offence under section 35 of the Offences against the Person Act 1861 (furious driving).Discretionary.Obligatory if committed in respect of a mechanically propelled vehicle.3-9

29Breach of duty to give information as to identity of driver etc.E+W+S+N.I.

In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences: offences under the Traffic Acts), in the entry relating to section 172 of the Road Traffic Act 1988 (c. 52) (duty to give information as to identity of driver etc. in certain circumstances), in column (7) (penalty points), for “3” substitute “ 6 ”.

Other provisions about offencesE+W+S+N.I.

30Meaning of driving without due care and attentionE+W+S+N.I.

In the Road Traffic Act 1988, after section 3 insert—

3ZAMeaning of careless, or inconsiderate, driving

(1)This section has effect for the purposes of sections 2B and 3 above and section 3A below.

(2)A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver.

(3)In determining for the purposes of subsection (2) above what would be expected of a careful and competent driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

(4)A person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving.

31Extension of offence in section 3A of Road Traffic Act 1988E+W+S+N.I.

(1)Section 3A of the Road Traffic Act 1988 (causing death by careless driving when under influence of drink or drugs etc.) is amended as follows.

(2)In subsection (1), after paragraph (c) insert or

(d)he is required by a constable to give his permission for a laboratory test of a specimen of blood taken from him under section 7A of this Act, but without reasonable excuse fails to do so,.

(3)In subsection (3), for “and (c)” substitute “ , (c) and (d) ”.

(4)In section 24(1) of the Road Traffic Offenders Act 1988 (alternative verdicts), in the Table, in the entry relating to section 3A of the Road Traffic Act 1988, in the second column, after “Section 7(6) (failing to provide specimen)” insert “ Section 7A(6) (failing to give permission for laboratory test) ”.

32Alternative verdict on unsuccessful culpable homicide prosecutionE+W+S+N.I.

(1)Section 23 of the Road Traffic Offenders Act 1988 (c. 53) (alternative verdicts in Scotland) is amended as follows.

(2)In subsection (1), for “an offence under section 2 of the Road Traffic Act 1988 (dangerous driving)” substitute “ any of the relevant offences ”.

(3)After that subsection insert—

(1A)For the purposes of subsection (1) above the following are the relevant offences—

(a)an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving),

(b)an offence under section 2 of that Act (dangerous driving), and

(c)an offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).

33Alternative verdict on unsuccessful manslaughter prosecutionE+W+S+N.I.

In section 24 of the Road Traffic Offenders Act 1988 (alternative verdicts), before subsection (1) insert—

(A1)Where—

(a)a person charged with manslaughter in connection with the driving of a mechanically propelled vehicle by him is found not guilty of that offence, but

(b)the allegations in the indictment amount to or include an allegation of any of the relevant offences,

he may be convicted of that offence.

(A2)For the purposes of subsection (A1) above the following are the relevant offences—

(a)an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving),

(b)an offence under section 2 of that Act (dangerous driving),

(c)an offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs), and

(d)an offence under section 35 of the Offences against the Person Act 1861 (furious driving).

Attendance on coursesE+W+S+N.I.

34Penalty pointsE+W+S+N.I.

(1)The Road Traffic Offenders Act 1988 is amended as follows.

(2)In section 29 (penalty points to be taken into account on conviction), after subsection (2) insert—

(2A)Subsection (1)(b) above has effect subject to section 30A(4) of this Act.

(3)After section 30 insert—

30AReduced penalty points for attendance on course

(1)This section applies where—

(a)a person is convicted of a specified offence by or before a court,

(b)penalty points are to be attributed to the offence and the court does not order him to be disqualified, and

(c)at least seven but no more than eleven penalty points are to be taken into account on the occasion of the conviction.

(2)In this section “specified offence” means—

(a)an offence under section 3 of the Road Traffic Act 1988 (careless, and inconsiderate, driving),

(b)an offence under section 36 of that Act (failing to comply with traffic signs),

(c)an offence under section 17(4) of the Road Traffic Regulation Act 1984 (use of special road contrary to scheme or regulations), or

(d)an offence under section 89(1) of that Act (exceeding speed limit).

(3)But the Secretary of State may by regulations amend subsection (2) above by adding other offences or removing offences.

(4)Where this section applies, the court may make an order that three of the penalty points attributed to the offence (or all of them if three or fewer are so attributed) shall not be taken into account under section 29(1)(b) of this Act on the occasion of any conviction of an offence after the end of the period of twelve months beginning with the date of the order if, by the relevant date, the offender completes an approved course specified in the order.

(5)In subsection (4) above—

  • an approved course” means a course approved by the appropriate national authority for the purposes of this section in relation to the description of offence of which the offender is convicted, and

  • the relevant date” means such date, no later than ten months after the day on which the order is made, as is specified in the order.

(6)A court shall not make an order under this section in the case of an offender convicted of an offence if—

(a)the offender has, during the period of three years ending with the date on which the offence was committed, committed a specified offence and successfully completed an approved course pursuant to an order made under this section or section 34A of this Act on conviction of that offence, or

(b)the offence was committed during his probationary period.

(7)A court shall not make an order under this section in the case of an offender unless—

(a)the court is satisfied that a place on the course specified in the order will be available for the offender,

(b)the offender appears to the court to be of or over the age of 17,

(c)the court has informed the offender (orally or in writing and in ordinary language) of the effect of the order and of the amount of the fees which he is required to pay for the course and when he must pay them, and

(d)the offender has agreed that the order should be made.

30BCertificates of completion of courses

(1)An offender shall be regarded for the purposes of section 30A of this Act as having completed a course satisfactorily if (and only if) a certificate that he has done so is received by the proper officer of the supervising court.

(2)A course provider must give a certificate under subsection (1) above to the offender not later than fourteen days after the date specified in the order as the latest date for the completion of the course unless the offender—

(a)fails to make due payment of fees for the course,

(b)fails to attend the course in accordance with the course provider's reasonable instructions, or

(c)fails to comply with any other reasonable requirement of the course provider.

(3)A certificate under subsection (1) above is to be given by the course provider and shall be in such form, and contain such particulars, as may be prescribed by, or determined in accordance with, regulations made by the appropriate national authority.

(4)Where a course provider decides not to give a certificate under subsection (1) above to the offender, he shall give written notice of the decision to the offender as soon as possible, and in any event not later than fourteen days after the date specified in the order as the latest date for completion of the course.

(5)An offender to whom a notice is given under subsection (4) above may, within such period as may be prescribed by rules of court, apply to the supervising court, or (if the supervising court is not the Crown Court, the High Court of Justiciary or the relevant local court) to either the supervising court or the relevant local court, for a declaration that the course provider's decision not to give a certificate under subsection (1) above was contrary to subsection (2) above.

(6)If the court grants the application, section 30A of this Act shall have effect as if the certificate had been duly received by the proper officer of the supervising court.

(7)If fourteen days after the date specified in the order as the latest date for completion of the course the course provider has given neither the certificate under subsection (1) above nor a notice under subsection (4) above, the offender may, within such period as may be prescribed by rules of court, apply to the supervising court, or (if the supervising court is not the Crown Court, the High Court of Justiciary or the relevant local court) to either the supervising court or the relevant local court, for a declaration that the course provider is in default.

(8)If the court grants the application, section 30A of this Act shall have effect as if the certificate had been duly received by the proper officer of the supervising court.

(9)A notice under subsection (4) above shall specify the ground on which it is given; and the appropriate national authority may by regulations make provision as to the form of notices under that subsection and as to the circumstances in which they are to be treated as given.

(10)Where the proper office of a court receives a certificate under subsection (1) above, or a court grants an application under subsection (5) or (7) above, the proper officer or court must send notice of that fact to the Secretary of State; and the notice must be sent in such manner and to such address, and must contain such particulars, as the Secretary of State may determine.

30CApproval of courses

(1)If an application is made to the appropriate national authority for the approval of a course for the purposes of section 30A of this Act, the appropriate national authority must decide whether to grant or refuse the application.

(2)In reaching that decision the appropriate national authority must have regard to—

(a)the nature of the course, and

(b)whether the course provider is an appropriate person to provide the course and administer its provision efficiently and effectively,

and may take into account any recommendations made by any persons appointed to consider the application.

(3)A course may be approved subject to conditions specified by the appropriate national authority.

(4)An approval of a course is for the period specified by the appropriate national authority (which must not exceed seven years), subject to withdrawal of approval.

(5)Regulations made by the appropriate national authority may make provision in relation to the approval of courses and may, in particular, include provision—

(a)in relation to the making of applications for approval,

(b)for the payment in respect of applications for approval, or of approvals, (or of both) of fees of such amounts as are prescribed by the regulations,

(c)specifying the maximum fees that a person may be required to pay for a course and by when they are to be paid,

(d)for the monitoring of courses and course providers,

(e)in relation to withdrawing approval,

(f)for an appeal to lie to the Transport Tribunal against a refusal of an application for approval, the imposition of conditions on the grant of such an application or the withdrawal of approval, and

(g)authorising the appropriate national authority to make available (with or without charge) information about courses and course providers.

30DProvisions supplementary to sections 30A to 30C

(1)The appropriate national authority may issue guidance to course providers, or to any category of course provider, as to the conduct of courses approved for the purposes of section 30A of this Act; and—

(a)course providers shall have regard to any guidance given to them under this subsection, and

(b)in determining for the purposes of section 30B of this Act whether any instructions or requirements of a course provider were reasonable, a court shall have regard to any guidance given to him under this subsection.

(2)The Secretary of State may by regulations make provision—

(a)amending section 30A(1)(c) of this Act by substituting for the lower number of penalty points for the time being specified there a different number of penalty points, or

(b)amending section 30A(6)(a) of this Act by substituting for the period for the time being specified there a different period.

(3)In sections 30A to 30C of this Act and this section—

  • appropriate national authority” means (as respects Wales) the National Assembly for Wales and (otherwise) the Secretary of State;

  • course provider”, in relation to a course, means the person by whom it is, or is to be, provided;

  • probationary period” has the meaning given in section 1 of the Road Traffic (New Drivers) Act 1995;

  • proper officer” means—

    (a)

    in relation to a magistrates' court in England and Wales, the designated officer for the court, and

    (b)

    otherwise, the clerk of the court;

  • relevant local court”, in relation to an order made under section 30A of this Act in the case of an offender, means—

    (a)

    in England and Wales, a magistrates' court acting for the local justice area in which the offender resides, and

    (b)

    in Scotland, the sheriff court for the district where the offender resides or, where the order is made by a stipendiary magistrate and the offender resides within his commission area, the district court for that area; and

  • supervising court”, in relation to an order under section 30A of this Act, means—

    (a)

    in England and Wales, if the Crown Court made the order the Crown Court and otherwise a magistrates' court acting for the same local justice area as the court which made the order, and

    (b)

    in Scotland, the court which made the order.

(4)Any power to make regulations under section 30A, 30B or 30C of this Act or this section includes power to make different provision for different cases, and to make such incidental or supplementary provision as appears to the appropriate national authority to be necessary or appropriate.

(5)Any power to make regulations under section 30A, 30B or 30C of this Act or this section shall be exercisable by statutory instrument.

(6)No regulations shall be made under section 30A of this Act or this section unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(7)A statutory instrument containing regulations made under section 30B or 30C of this Act by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

35Reduced disqualification period for attendance on courseE+W+S+N.I.

For sections 34A to 34C of the Road Traffic Offenders Act 1988 (c. 53) substitute—

34AReduced disqualification for attendance on courses

(1)This section applies where—

(a)a person is convicted of a relevant drink offence or a specified offence by or before a court, and

(b)the court makes an order under section 34 of this Act disqualifying him for a period of not less than twelve months.

(2)In this section “relevant drink offence” means—

(a)an offence under paragraph (a) of subsection (1) of section 3A of the Road Traffic Act 1988 (causing death by careless driving when unfit to drive through drink) committed when unfit to drive through drink,

(b)an offence under paragraph (b) of that subsection (causing death by careless driving with excess alcohol),

(c)an offence under paragraph (c) of that subsection (failing to provide a specimen) where the specimen is required in connection with drink or consumption of alcohol,

(d)an offence under section 4 of that Act (driving or being in charge when under influence of drink) committed by reason of unfitness through drink,

(e)an offence under section 5(1) of that Act (driving or being in charge with excess alcohol),

(f)an offence under section 7(6) of that Act (failing to provide a specimen) committed in the course of an investigation into an offence within any of the preceding paragraphs, or

(g)an offence under section 7A(6) of that Act (failing to allow a specimen to be subjected to a laboratory test) in the course of an investigation into an offence within any of the preceding paragraphs.

(3)In this section “specified offence” means—

(a)an offence under section 3 of the Road Traffic Act 1988 (careless, and inconsiderate, driving),

(b)an offence under section 36 of that Act (failing to comply with traffic signs),

(c)an offence under section 17(4) of the Road Traffic Regulation Act 1984 (use of special road contrary to scheme or regulations), or

(d)an offence under section 89(1) of that Act (exceeding speed limit).

(4)But the Secretary of State may by regulations amend subsection (3) above by adding other offences or removing offences.

(5)Where this section applies, the court may make an order that the period of disqualification imposed under section 34 of this Act (“the unreduced period”) shall be reduced if, by the relevant date, the offender satisfactorily completes an approved course specified in the order.

(6)In subsection (5) above—

  • an approved course” means a course approved by the appropriate national authority for the purposes of this section in relation to the description of offence of which the offender is convicted, and

  • the relevant date” means such date, at least two months before the last day of the period of disqualification as reduced by the order, as is specified in the order.

(7)The reduction made in a period of disqualification by an order under this section is a period specified in the order of—

(a)not less than three months, and

(b)not more than one quarter of the unreduced period,

(and, accordingly, where the unreduced period is twelve months, the reduced period is nine months).

(8)A court shall not make an order under this section in the case of an offender convicted of a specified offence if—

(a)the offender has, during the period of three years ending with the date on which the offence was committed, committed a specified offence and successfully completed an approved course pursuant to an order made under this section or section 30A of this Act on conviction of that offence, or

(b)the specified offence was committed during his probationary period.

(9)A court shall not make an order under this section in the case of an offender unless—

(a)the court is satisfied that a place on the course specified in the order will be available for the offender,

(b)the offender appears to the court to be of or over the age of 17,

(c)the court has informed the offender (orally or in writing and in ordinary language) of the effect of the order and of the amount of the fees which he is required to pay for the course and when he must pay them, and

(d)the offender has agreed that the order should be made.

34BCertificates of completion of courses

(1)An offender shall be regarded for the purposes of section 34A of this Act as having completed a course satisfactorily if (and only if) a certificate that he has done so is received by the proper officer of the supervising court before the end of the unreduced period.

(2)If a certificate under subsection (1) above is so received before the end of the unreduced period but after the end of the period which would (apart from this subsection) be the reduced period, the reduced period is to be taken to end with the day on which the certificate is so received.

(3)A certificate under subsection (1) above is to be given by the course provider and shall be in such form, and contain such particulars, as may be prescribed by, or determined in accordance with, regulations made by the appropriate national authority.

(4)A course provider must give a certificate under subsection (1) above to the offender not later than fourteen days after the date specified in the order as the latest date for the completion of the course unless the offender—

(a)fails to make due payment of fees for the course,

(b)fails to attend the course in accordance with the course provider's reasonable instructions, or

(c)fails to comply with any other reasonable requirement of the course provider.

(5)Where a course provider decides not to give a certificate under subsection (1) above to the offender, he shall give written notice of the decision to the offender as soon as possible, and in any event not later than fourteen days after the date specified in the order as the latest date for completion of the course.

(6)An offender to whom a notice is given under subsection (5) above may, within such period as may be prescribed by rules of court, apply to the supervising court, or (if the supervising court is not the Crown Court, the High Court of Justiciary or the relevant local court) to either the supervising court or the relevant local court, for a declaration that the course provider's decision not to give a certificate under subsection (1) above was contrary to subsection (4) above.

(7)If the court grants the application, section 34A of this Act shall have effect as if the certificate had been duly received by the proper officer of the supervising court.

(8)If fourteen days after the date specified in the order as the latest date for completion of the course the course provider has given neither a certificate under subsection (1) above nor a notice under subsection (5) above, the offender may, within such period as may be prescribed by rules of court, apply to the supervising court, or (if the supervising court is not the Crown Court, the High Court of Justiciary or the relevant local court) to either the supervising court or the relevant local court, for a declaration that the course provider is in default.

(9)If the court grants the application, section 34A of this Act shall have effect as if the certificate had been duly received by the proper officer of the supervising court.

(10)A notice under subsection (5) above shall specify the ground on which it is given; and the appropriate national authority may by regulations make provision as to the form of notices under that subsection and as to the circumstances in which they are to be treated as given.

(11)Where the proper officer of a court receives a certificate under subsection (1) above, or a court grants an application under subsection (6) or (8) above, the proper officer or court must send notice of that fact to the Secretary of State; and the notice must be sent in such manner and to such address, and must contain such particulars, as the Secretary of State may determine.

34BAApproval of courses

(1)If an application is made to the appropriate national authority for the approval of a course for the purposes of section 34A of this Act, the appropriate national authority must decide whether to grant or refuse the application.

(2)In reaching that decision the appropriate national authority must have regard to—

(a)the nature of the course, and

(b)whether the course provider is an appropriate person to provide the course and administer its provision efficiently and effectively,

and may take into account any recommendations made by any persons appointed to consider the application.

(3)A course may be approved subject to conditions specified by the appropriate national authority.

(4)An approval of a course is for the period specified by the appropriate national authority (which must not exceed seven years), subject to withdrawal of approval.

(5)Regulations made by the appropriate national authority may make provision in relation to the approval of courses and may, in particular, include provision—

(a)in relation to the making of applications for approval,

(b)for the payment in respect of applications for approval, or of approvals, (or of both) of fees of such amounts as are prescribed by the regulations,

(c)specifying the maximum fees that a person may be required to pay for a course and by when they are to be paid,

(d)for the monitoring of courses and course providers,

(e)in relation to withdrawing approval,

(f)for an appeal to lie to the Transport Tribunal against a refusal of an application for approval, the imposition of conditions on the grant of such an application or the withdrawal of approval, and

(g)authorising the appropriate national authority to make available (with or without charge) information about courses and course providers.

34CProvisions supplementary to sections 34A to 34BA

(1)The appropriate national authority may issue guidance to course providers, or to any category of course provider, as to the conduct of courses approved for the purposes of section 34A of this Act; and—

(a)course providers shall have regard to any guidance given to them under this subsection, and

(b)in determining for the purposes of section 34B of this Act whether any instructions or requirements of a course provider were reasonable, a court shall have regard to any guidance given to him under this subsection.

(2)The Secretary of State may by regulations make provision—

(a)amending section 34A(1)(b) of this Act by substituting for the period for the time being specified there a different period,

(b)amending section 34A(7) of this Act by substituting for the period for the time being specified there a different period, or by substituting for the fraction of the unreduced period for the time being specified there a different fraction of that period, (or by doing both), or

(c)amending section 34A(8)(a) of this Act by substituting for the period for the time being specified there a different period.

(3)In sections 34A to 34BA of this Act and this section—

  • appropriate national authority” means (as respects Wales) the National Assembly for Wales and (otherwise) the Secretary of State;

  • course provider”, in relation to a course, means the person by whom it is, or is to be, provided;

  • probationary period” has the meaning given in section 1 of the Road Traffic (New Drivers) Act 1995;

  • proper officer” means—

    (a)

    in relation to a magistrates' court in England and Wales, the designated officer for the court, and

    (b)

    otherwise, the clerk of the court;

  • relevant local court”, in relation to an order under section 34A of this Act in the case of an offender, means—

    (a)

    in England and Wales, a magistrates' court acting for the local justice area in which the offender resides, and

    (b)

    in Scotland, the sheriff court for the district where the offender resides or, where the order is made by a stipendiary magistrate and the offender resides within his commission area, the district court for that area; and

  • supervising court”, in relation to an order under section 34A of this Act, means—

    (a)

    in England and Wales, if the Crown Court made the order the Crown Court and otherwise a magistrates' court acting for the same local justice area as the court which made the order, and

    (b)

    in Scotland, the court which made the order.

(4)Any power to make regulations under section 34A, 34B or 34BA of this Act or this section includes power to make different provision for different cases, and to make such incidental or supplementary provision as appears necessary or appropriate.

(5)Any power to make regulations under section 34A, 34B or 34BA of this Act or this section shall be exercisable by statutory instrument.

(6)No regulations shall be made under section 34A of this Act or this section unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(7)A statutory instrument containing regulations made under section 34B or 34BA of this Act by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Driving standardsE+W+S+N.I.

36Driving testsE+W+S+N.I.

(1)Section 89 of the Road Traffic Act 1988 (c. 52) (driving tests) is amended as follows.

(2)In subsection (3) (regulations about nature of tests)—

(a)in paragraph (a), insert at the end “ and the administrative arrangements for submitting for such tests ”,

(b)in paragraph (b), after “conducted” insert “ , conditions which must be satisfied during the currency of an appointment, the charging of reasonable fees in respect of applications for appointment or appointments or in connection with any examination or assessment which may be required before appointment or during the currency of any appointment ”, and

(c)after that paragraph insert—

(ba)the duty of a person submitting himself for a test to produce, and in prescribed circumstances surrender, any licence previously granted to him,.

(3)In subsection (4) (provision that may be included in regulations under subsection (3))—

(a)for “In particular, regulations may, without prejudice to the generality of subsection (3) above,” substitute “ Regulations under subsection (3)(a) above may in particular ”,

(b)in paragraph (a) (provision by person submitting himself for driving test of vehicle which, if loading requirements are prescribed, is loaded in accordance with prescribed requirements), for “a vehicle” substitute “ a safe and suitable vehicle ”,

(c)in that paragraph, for the words after “the test” substitute “ and for requiring that, if the vehicle is a vehicle of a prescribed description, it has been certified in the prescribed manner after a prescribed inspection as satisfying such requirements as may be prescribed, ”, and

(d)for paragraph (b) substitute—

(b)for the charging (whether on the making of an appointment for a test or otherwise) of reasonable fees for or in connection with the test and any inspection of a vehicle required by regulations under paragraph (a) above in relation to the test,.

(4)In subsection (5) (driving tests in parts), omit paragraph (b) and the word “and” before it.

(5)After that subsection insert—

(5ZA)Regulations under subsection (3)(b) above may in particular provide—

(a)for the supply by the Secretary of State to persons by whom tests of competence to drive, or parts of such tests, may be conducted of forms for certificates evidencing the results of such tests or parts of such tests, and

(b)for the charging of reasonable fees in respect of the exercise of any function conferred or imposed on the Secretary of State by the regulations.

(6)In section 91 of that Act (repayment of test fees), for “A fee” substitute “ The whole or any part of a fee ”.

37Disqualification until test is passedE+W+S+N.I.

(1)Section 36 of the Road Traffic Offenders Act 1988 (c. 53) (duty of court to order disqualification until test is passed) is amended as follows.

(2)In subsection (3) (order to be made in case of person disqualified in circumstances, or for period, prescribed by order)—

(a)for “in such circumstances or for such period” substitute “ for such period, in such circumstances or for such period and in such circumstances ”,

(b)for “prescribe” substitute “ specify ”, and

(c)for “may be so prescribed” substitute “ the Secretary of State may by order specify ”.

(3)In subsection (5) (interpretation), for the definition of “appropriate driving test” substitute—

appropriate driving test” means—

(a)in such circumstances as the Secretary of State may prescribe, an extended driving test, and

(b)otherwise, a test of competence to drive which is not an extended driving test,; and, in the definition of “extended driving test”, after “section” insert “ by regulations made by the Secretary of State ”.

(4)In subsection (8) (disqualification to expire on production in accordance with regulations under section 105 of Road Traffic Act 1988 of evidence of having passed test), for “under section 105 of the Road Traffic Act 1988” substitute “ made by the Secretary of State ”.

(5)In subsection (9) (disqualification to expire by reason of passing of test only in relation to vehicles of such classes as are prescribed by such regulations), for “under that section” substitute “ made by the Secretary of State ”.

(6)After subsection (13) insert—

(13A)Before making an order under subsection (3) above the Secretary of State must consult with such representative organisations as he thinks fit.

(7)Omit subsection (14) (no order to be made under subsection (3) after end of 2001 unless one previously made).

(8)In section 173(2) of the Road Traffic Act 1988 (c. 52) (forgery of documents etc.), insert at the end and

(n)any document produced as evidence of the passing of an appropriate driving test within the meaning of section 36 of that Act.

38Granting of full licenceE+W+S+N.I.

(1)In section 89(1) of the Road Traffic Act 1988 (c. 52) (licence not to be granted unless conditions satisfied), for—

(a)the words in paragraph (a) before sub-paragraph (i), and

(b)the words from “that” to “passed” in paragraphs (c) and (e),

substitute “ that he has, at such time or within such period as is prescribed, passed ”.

(2)In section 97 of that Act (grant of licences), after subsection (1) insert—

(1ZA)Regulations may provide that in prescribed circumstances a licence granted by the Secretary of State may be granted subject to prescribed conditions having effect—

(a)for a prescribed period, or

(b)until the happening of a prescribed event.

(3)In section 98(1)(c) of that Act (provisional licence to specify conditions subject to which it is granted)—

(a)omit “in the case of a provisional licence”, and

(b)for “the conditions” substitute “ any conditions ”.

(4)In section 195 of that Act (provisions as to regulations)—

(a)in subsection (3), omit “is exercised” and after “189)” insert “ is exercised (otherwise than for the purposes of section 97(1ZA) of this Act) ”, and

(b)in subsection (4), after “Act” insert “ , or for the purposes of section 97(1ZA) of this Act, ”.

39Compulsory surrender of old-form licencesE+W+S+N.I.

(1)In the Road Traffic Act 1988, after section 98 insert—

98ACompulsory surrender of old-form licences

(1)The Secretary of State may by order require the holders of licences of a specified description, or any specified description of the holders of such licences, to surrender the licences and their counterparts to the Secretary of State.

(2)An order under this section may specify as the description of licences to be surrendered—

(a)licences which are not in the form of a photocard, or

(b)licences in the form of a photocard of a description no longer specified by the Secretary of State as a form in which licences are granted.

(3)An order under this section must specify the date by which the licences to which it relates (and their counterparts) are to be surrendered; and may specify different dates in relation to different descriptions of licence holders.

(4)An order under this section must include provision for the grant of a new licence to every holder of a licence surrendered (with its counterpart) in pursuance of the order who—

(a)pays such fee (if any) as is specified by the order, and

(b)provides the Secretary of State with such evidence or further evidence as the Secretary of State may require (which may include a photograph which is a current likeness of him).

(5)A replacement licence granted pursuant to provision made by virtue of subsection (4) above expires on the date on which the surrendered licence would have expired had it not been surrendered (but subject to subsection (6) below).

(6)Where the period for which the surrendered licence was granted was based on an error with respect to the licence holder's date of birth such that (if the error had not been made) that licence would have been expressed to expire on a different date, the replacement licence expires on that different date.

(7)A person who, without reasonable excuse, fails to comply with any requirement to surrender a licence and its counterpart imposed by an order under this section is guilty of an offence.

(8)An order under this section may—

(a)make different provision for different cases, and

(b)contain such incidental and supplementary provisions as the Secretary of State considers appropriate.

(9)The power to make an order under this section is exercisable by statutory instrument.

(10)Before making an order under this section the Secretary of State must consult with such representative organisations as he thinks fit.

(11)A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(2)In Schedule 1 to the Road Traffic Offenders Act 1988 (c. 53) (offences to which certain sections apply), after the entry relating to section 94A of the Road Traffic Act 1988 (c. 52) insert—

RTA section 98A(7)Driving licence holder failing to surrender licence and counterpart.Section 6 of this Act.

(3)In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 96 of the Road Traffic Act 1988 insert—

RTA section 98A(7).Driving licence holder failing to surrender licence and counterpart.Summarily.Level 3 on the standard scale.   .

40Fee for renewal of photocard licence and issue of certain alternative licencesE+W+S+N.I.

(1)In section 99 of the Road Traffic Act 1988 (duration of licence)—

(a)in subsection (7) (grant of new licence free of charge on surrender of photocard licence after ten years, in cases of error and on change of name or address), omit “and any licence granted under this subsection shall be granted free of charge”, and

(b)After that subsection insert—

(7ZA)The Secretary of State is not required by subsection (7) above to grant a new licence on the surrender of a licence and its counterpart by a person in pursuance of subsection (2A) above unless the person has paid the fee (if any) which is prescribed; but any other licence under that subsection is to be granted free of charge.

(2)In section 117A(2)(c) and (3) of that Act (disqualification etc. of holders of Community licences: issue of alternative licences), for “, free of charge,” substitute “ , on payment of such fee (if any) as may be prescribed, ”.

41Driver trainingE+W+S+N.I.

(1)Section 99ZC(1) of the Road Traffic Act 1988 (c. 52) (driver training courses: supplementary) is amended as follows.

(2)In paragraphs (b) and (c), after “courses” insert “ or giving instruction on such courses ”.

(3)After paragraph (e) insert and

(f)provision authorising the Secretary of State to make available information about persons providing driver training courses or giving instruction on such courses.

(4)In section 173(2) of that Act (forgery of documents etc.), for paragraph (ff) substitute—

(ff)any document evidencing the successful completion of a driver training course provided in accordance with regulations under section 99ZA of this Act,.

(5)In section 174(1) of that Act (false statements), after paragraph (c) insert—

(ca)of obtaining a document evidencing the successful completion of a driver training course provided in accordance with regulations under section 99ZA of this Act, or.

42Driving instructionE+W+S+N.I.

Schedule 6 contains amendments about driving instruction.

43Tests: approved assistantsE+W+S+N.I.

In the Road Traffic Act 1988, before section 163 insert—

Requirement for approval of persons to assist at testsE+W+S+N.I.

162AApproved test assistants

(1)The Secretary of State may make regulations permitting any person wishing to be accompanied at a relevant test by another person (a “test assistant”) to be so accompanied if—

(a)he submits himself for the relevant test in any circumstances in which the Secretary of State considers it appropriate that he should be entitled to be so accompanied, and

(b)the test assistant is approved in accordance with regulations under this section to accompany people at relevant tests in such circumstances in order to assist them in undergoing the relevant tests.

(2)The circumstances in which the Secretary of State considers it appropriate that a person should be entitled to be accompanied by a test assistant at a relevant test may include, for example, circumstances in which he is likely to have difficulty in hearing, understanding or responding to instructions or questions in the course of the relevant test without assistance.

(3)The regulations may make provision in relation to the approval of test assistants and may, in particular, include provision—

(a)in relation to the making of applications for approval,

(b)for the payment in respect of applications for approval, or of approvals, (or both) of fees of such amounts as are prescribed,

(c)in relation to the period for which an approval is to have effect and withdrawing approval,

(d)authorising the imposition of conditions on an approval,

(e)for an appeal to lie to the Transport Tribunal against a refusal of an application for approval, the imposition of conditions on an approval or the withdrawal of approval,

(f)prescribing circumstances in which an approved test assistant may not act as such,

(g)as to the evidencing by persons of their status as approved test assistants, and

(h)authorising the Secretary of State to make available (with or without charge) information about approved test assistants.

(4)The regulations may make different provision in relation to different cases.

(5)The following are relevant tests—

(a)tests of competence to drive a motor vehicle prescribed by virtue of section 89(3) of this Act or section 36(5) of the Road Traffic Offenders Act 1988,

(b)examinations of ability and fitness (or continued ability and fitness) to give driving instruction for which provision is made by virtue of section 132 of this Act, and

(c)emergency control assessments under section 133A of this Act.

Regulation of registration plate suppliersE+W+S+N.I.

44Enforcement authoritiesE+W+S+N.I.

(1)Part 2 of the Vehicles (Crime) Act 2001 (c. 3) (regulation of registration plate suppliers) is amended as follows.

(2)In section 26(8) (power of entry for authorised persons: meaning of “authorised person”), for “section by” substitute section—

(a)by the Secretary of State, or

(b)by.

(3)In section 30(a) (institution of proceedings for offences), after “by” insert “ the Secretary of State, ”.

(4)In section 31(1) (interpretation of Part 2), for the definition of “local authority” substitute—

local authority” means—

(a)in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London in its capacity as a local authority or the Council of the Isles of Scilly;

(b)in relation to Wales, a county council or a county borough council;.

45Registration platesE+W+S+N.I.

(1)Part 2 of the Vehicles (Crime) Act 2001 (c. 3) (regulation of registration plate suppliers) is amended as follows.

(2)In section 31(1) (interpretation of Part 2), in paragraph (a) of the definition of “registration plate”, for “a registration mark” substitute “ in accordance with regulations under paragraph (b) of subsection (4) of section 23 of the 1994 Act a registration mark which complies with regulations under paragraph (a) of that subsection ”.

(3)Section 28 (offences) is amended as follows.

(4)After subsection (1) insert—

(1A)A person who sells a plate or other device which is not a registration plate only because the registration mark displayed by it—

(a)does not comply with regulations under paragraph (a) of subsection (4) of section 23 of the 1994 Act, or

(b)is displayed otherwise than in accordance with regulations under paragraph (b) of that subsection,

(or both) shall be guilty of an offence.

(1B)The Secretary of State may by regulations provide that the offence under subsection (1A) is not committed in circumstances prescribed by the regulations.

(5)In subsection (2), after “(1)” insert “ or (1A) ”.

(6)In subsection (3), for “subsection (1) or (2)” substitute “ this section ”.

(7)In the heading, for “counterfeit registration plates” substitute “ plates etc. ”

46Extension to Scotland and Northern IrelandE+W+S+N.I.

(1)Part 2 of the Vehicles (Crime) Act 2001 (regulation of registration plate suppliers) extends to Scotland and Northern Ireland.

(2)In consequence of subsection (1) that Act is amended as follows.

(3)In section 17(1) (requirement of registration for registration plate suppliers carrying on business in England or Wales), omit “in England or Wales”.

(4)In section 18(5) (certified copy of register or extract from register to be evidence of matters mentioned in it), after “evidence” insert “ (or, in Scotland, sufficient evidence) ”.

(5)In section 20(6) (removal or suspension not to have effect while appeal pending or capable of being brought: meaning of “appeal”), after the reference to section 111 of the Magistrates' Courts Act 1980 (c. 43) insert “ or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 ”.

(6)For section 23 substitute—

23Appeals: Part 2

(1)An appeal against the cancellation by the Secretary of State under section 21 of a person's registration may be brought—

(a)in England and Wales, to a magistrates' court,

(b)in Scotland, to the sheriff, or

(c)in Northern Ireland, to a court of summary jurisdiction.

(2)An appeal under subsection (1) shall be brought within the period of 21 days beginning with the day on which the person concerned is served with a notice under section 22(7).

(3)The procedure on an appeal under subsection (1)—

(a)in England and Wales, is to be by way of complaint for an order and in accordance with the Magistrates' Courts Act 1980,

(b)in Scotland, is to be by way of summary application to the sheriff, and

(c)in Northern Ireland, is to be by way of notice under Part 7 of the Magistrates' Courts (Northern Ireland) Order 1981.

(4)For the purposes of the time limit for bringing an appeal under subsection (1) the appeal is to be treated as brought—

(a)in England and Wales, on the making of the complaint,

(b)in Scotland, on the lodging of the summary application with the sheriff clerk, and

(c)in Northern Ireland, when a notice is served on the clerk of the petty sessions under Article 76(2)(a) of the Magistrates' Courts (Northern Ireland) Order 1981.

(5)A party to an appeal to the sheriff under subsection (1) may further appeal, on a point of law only, to the sheriff principal or the Court of Session; and the decision on such an appeal is final.

(6)On an appeal under subsection (1) or (5), the court may confirm, vary or reverse the decision appealed against and generally give such directions as it considers appropriate having regard to the provisions of this Part.

(7)The Secretary of State must comply with any directions given by a court under this section.

(8)But the Secretary of State need not do so until—

(a)in England and Wales, the time for making an application under section 111 of the Magistrates' Courts Act 1980 (application by way of case stated),

(b)in Scotland, the time for lodging an appeal under subsection (5), or

(c)in Northern Ireland, the time for making an application under Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (application by way of case stated),

has passed.

(9)And if such an application or appeal is made or lodged, he need not do so until the final determination or withdrawal of the appeal or application.

(7)In section 26 (rights to enter and inspect premises)—

(a)in subsection (3) (application for warrant), after “justice of the peace” insert “ , or (in Scotland) a justice of the peace, magistrate or sheriff, ”,

(b)in subsection (4) (issue of warrant), after “justice” insert “ of the peace, magistrate or sheriff ”, and

(c)in subsection (8) (as amended by section 44(2)), before “by a local authority” insert “ (except in Northern Ireland) ”.

(8)Section 30 (proceedings for offences) (as amended by section 44(3)), is to be renumbered as subsection (1) of that section; and—

(a)in that subsection, after “instituted” insert “ in England and Wales ”, and

(b)after that subsection insert—

(2)Proceedings for an offence under this Part shall not be instituted in Northern Ireland except—

(a)by the Secretary of State or a constable; or

(b)in any other case, with the consent of the Advocate General for Northern Ireland.

(3)In relation to any time before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002, the reference in subsection (2)(b) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.

(9)In section 31(1) (interpretation), in the definition of “local authority” (as substituted by section 44(4)), insert at the end or

(c)in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;.

(10)In section 39 (offences by body corporate), insert at the end—

(3)Where an offence under this Act committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership commits the offence and shall be liable to be proceeded against and punished accordingly.

(11)In section 45 (extent)—

(a)in subsection (1) (provisions extending only to England and Wales), for “Parts 1 and 2,” substitute “ Part 1 ”, and

(b)in subsection (2), (provisions extending to England and Wales, Scotland and Northern Ireland), for “Sections” substitute “ Part 2 and sections ”.

InformationE+W+S+N.I.

47Particulars to be included in vehicles registerE+W+S+N.I.

(1)Section 7 of the Vehicle Excise and Registration Act 1994 (c. 22) (issue of vehicle licences) is amended as follows.

(2)After subsection (1) insert—

(1A)The particulars which may be so specified include any particulars which are required by regulations under section 22(1)(aa) to be recorded on the register in the case of the vehicle for which the licence is to be taken out; and the declarations and evidence which may be so specified include declarations and evidence relating to any such particulars.

(3)In subsection (5), before paragraph (a) insert—

(za)that the requirements imposed by this section in the case of the vehicle specified in the application have been complied with,.

(4)Section 22 of that Act (registration regulations) is amended as follows.

(5)In paragraph (a) of subsection (1) (provision with respect to registration), for “(including, in particular, the form of and the particulars to be included in the register of trade licences)” substitute “ and trade licences ”.

(6)After that paragraph insert—

(aa)prescribe the form of, and the particulars to be included in, the register of vehicles and the register of trade licences,.

(7)In paragraph (d) of that subsection (requirement on person by, through or to whom vehicle is sold or disposed of to furnish particulars)—

(a)after “person” insert “ by whom any vehicle is kept or ”,

(b)for “furnish the particulars” substitute “ make any such declarations and furnish any such particulars and any such documentary or other evidence as may be ”, and

(c)for “in the manner” substitute “ and to do so at such times and in such manner as may be ”.

(8)In paragraph (h) of that subsection (new registration documents), for “or inaccurate” substitute “ or which have become inaccurate for any reason (in particular by reason of a change in the person by whom the vehicle to which they relate is being kept) ”.

(9)After subsection (1A) insert—

(1AA)The particulars which may be required to be included in the register by regulations under subsection (1)(aa), or to be furnished by regulations under subsection (1)(d), in the case of a vehicle include—

(a)particulars relating to the vehicle, and

(b)particulars relating to the person by whom the vehicle is kept;

and the declarations and evidence which may be required to be furnished by regulations under subsection (1)(d) in the case of a vehicle include declarations and evidence relating to such particulars.

(10)After subsection (1B) insert—

(1BA)Regulations under subsection (1)(e) and (h) may, in particular, provide that registration documents, or new registration documents, need not be issued in respect of a vehicle if particulars required in the case of the vehicle by regulations under paragraph (d) have not been furnished.

(11)Section 45 of that Act (false or misleading declarations and information) is amended as follows.

(12)In subsection (1), after “misleading” insert “ , or produces a document which to his knowledge is false or in any material respect misleading, ”.

(13)In subsection (2A)—

(a)after “statement” insert “ or produces a document ”, and

(b)for “made in respect of a vehicle” substitute “ made or produced ”.

48Records of goods vehicle examinationsE+W+S+N.I.

(1)In section 49 of the Road Traffic Act 1988 (c. 52) (tests of satisfactory condition of goods vehicles and determination of plated weights etc.), after subsection (3) insert—

(3A)The Secretary of State must maintain, or cause to be maintained, records containing such particulars as he thinks fit of—

(a)goods vehicles submitted for examination under this section, and

(b)the carrying out of and the results of the examinations.

(2)After that section insert—

49AUse of records of goods vehicle examinations, etc.

(1)This section applies to—

(a)the records maintained by the Secretary of State (or caused by him to be maintained) under section 49(3A) of this Act, and

(b)the records maintained by the Secretary of State in connection with any functions exercisable by him under or by virtue of the Vehicle Excise and Registration Act 1994.

(2)The Secretary of State may use the information contained in records falling within either paragraph of subsection (1) above—

(a)to check the accuracy of the records falling within the other paragraph of that subsection, and

(b)where appropriate, to amend or supplement information contained in those records.

(3)The Secretary of State may also use the information contained in records falling within paragraph (b) of that subsection for the purpose of promoting compliance with section 53 of this Act.

(4)This section does not limit any powers of the Secretary of State apart from this section.

(3)In section 22A(6) of the Vehicle Excise and Registration Act 1994 (c. 22) (vehicle identity checks), after “45(6B)” insert “ or 49(3A) ”.

49Disclosure to foreign authorities of licensing and registration informationE+W+S+N.I.

(1)The Secretary of State may make any information held by him (in any form) for the purposes of—

(a)Part 3 or 4 of the Road Traffic Act 1988 (c. 52) (licensing of drivers of vehicles), or

(b)Part 2 of the Vehicle Excise and Registration Act 1994 (registration of vehicles),

available to the authorities of any country or territory outside the United Kingdom with responsibility under the law of that country or territory for the regulation of drivers or vehicles for use by them in the discharge of that responsibility.

(2)The Department of the Environment may make any information held by it (in any form) for the purposes of—

(a)Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (licensing of drivers of vehicles), or

(b)Articles 70 to 79 of that Order (licensing of drivers of large goods vehicles and passenger-carrying vehicles),

available to the authorities of any country or territory outside the United Kingdom with responsibility under the law of that country or territory for the regulation of drivers or vehicles for use by them in the discharge of that responsibility.

Level crossingsE+W+S+N.I.

50Safety arrangements at level crossingsE+W+S+N.I.

(1)Section 1 of the Level Crossings Act 1983 (c. 16) (safety arrangements at level crossings) is amended as follows.

(2)For paragraph (a) of subsection (2) substitute—

(a)may require the operator of the crossing or the local traffic authority (or both) to provide at or near the crossing any protective equipment specified in the order and to maintain and operate that equipment in accordance with the order;.

(3)In paragraph (b) of that subsection, after “impose” insert “ on the operator ”.

(4)In subsection (3)(b), omit “barriers or other”.

(5)In subsection (5)(b), for “include requirements as to” substitute “ impose requirements as to protective ”.

(6)For subsection (6) substitute—

(6)The Secretary of State may make an order under this section in respect of a level crossing on being requested to do so by the operator of the crossing or without a request by the operator.

(6ZA)The Secretary of State may not make an order without a request by the operator unless—

(a)he has consulted the Office of Rail Regulation and the local traffic authority about the order he proposes to make; and

(b)having done so, he has sent to the operator, the Office of Rail Regulation and the local traffic authority a copy of a draft of the order he proposes to make and a notice specifying the period (not being less than two months) within which they may make representations to him in respect of his proposal to make the order.

(7)For subsection (8) substitute—

(8)Before making a request the operator—

(a)must consult the Office of Rail Regulation and the local traffic authority about the draft order he intends to submit to the Secretary of State; and

(b)having done so, must give written notice to the Office of Rail Regulation and the local traffic authority of his intention to make a request.

(8A)A notice given under subsection (8)—

(a)must be accompanied by a copy of the draft order which the operator intends to submit to the Secretary of State; and

(b)must specify the period (not being less than two months) within which the Office of Rail Regulation and the local traffic authority may make representations to the Secretary of State in respect of the request.

(8)In subsection (9), for “(6) or (8)” substitute “ (6ZA) or (8A) ”.

(9)In subsection (11)—

(a)omit the definition of “local authority”,

(b)before the definition of “operator” insert—

local traffic authority”, in relation to a crossing, means the authority which for the purposes of the Road Traffic Regulation Act 1984 is the local traffic authority for the road crossed by the railway at the crossing;, and

(c)in the definition of “protective equipment”, after “includes” insert “ barriers, ”.

51Delegation of power to make level crossing ordersE+W+S

(1)In paragraph 7 of Schedule 3 to the Railways Act 2005 (c. 14) (agreements by Secretary of State and Office of Rail Regulation for that Office to carry out on his behalf functions other than powers to make instruments of legislative character), after sub-paragraph (3) insert—

(4)Sub-paragraph (3)(b) does not prevent the Secretary of State and the Office of Rail Regulation from entering into an agreement for that Office to carry out on his behalf the function of making orders under section 1 of the Level Crossings Act 1983.

(2)Subsection (2) of section 13 of the Health and Safety at Work etc. Act 1974 (c. 37) (agreements by Health and Safety Commission with Minister to perform functions on his behalf not to be taken to authorise performance of powers to make instruments of legislative character) is not to be taken to have prevented the performance by the Health and Safety Executive (on behalf of the Health and Safety Commission), in reliance on an agreement under subsection (1)(b) of that section, of the function of making orders under section 1 of the Level Crossings Act 1983 (c. 16).

Hackney carriages and private hire vehiclesE+W+S+N.I.

52Immediate suspension and revocation of drivers' licencesE+W+S+N.I.

(1)Part 2 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) (hackney carriages and private hire vehicles in England and Wales outside London) is amended as follows.

(2)In section 61 (suspension and revocation of drivers' licences), after subsection (2) insert—

(2A)Subject to subsection (2B) of this section, a suspension or revocation of the licence of a driver under this section takes effect at the end of the period of 21 days beginning with the day on which notice is given to the driver under subsection (2)(a) of this section.

(2B)If it appears that the interests of public safety require the suspension or revocation of the licence to have immediate effect, and the notice given to the driver under subsection (2)(a) of this section includes a statement that that is so and an explanation why, the suspension or revocation takes effect when the notice is given to the driver.

(3)In subsection (3) of that section, after “under” insert “ subsection (1) of ”.

(4)In section 77 (appeals), after subsection (2) insert—

(3)Subsection (2) of this section does not apply in relation to a decision under subsection (1) of section 61 of this Act which has immediate effect in accordance with subsection (2B) of that section.

53Abolition of “contract exemption”E+W+S+N.I.

In section 75(1) of the Local Government (Miscellaneous Provisions) Act 1976 (hackney carriages and private hire vehicles in England and Wales outside London: savings), omit paragraph (b)(vehicles used only for carrying passengers for hire or reward under contract for hire for not less than 7 day period).

54Private hire vehicles in LondonE+W+S+N.I.

In the definition of “private hire vehicle” in section 1(1)(a) of the Private Hire Vehicles (London) Act 1998 (c. 34) (vehicle, other than a taxi or public service vehicle, seating fewer than nine passengers made available with a driver to the public for hire to carry passengers), omit “to the public”.

MiscellaneousE+W+S+N.I.

55Trunk road picnic areasE+W+S+N.I.

In section 112 of the Highways Act 1980 (c. 66) (provision of picnic sites and public conveniences for users of trunk roads)—

(a)in subsection (1)(power to provide trunk road picnic areas), omit “that is not a special road”,

(b)in subsection (3) (power to manage), after “picnic area” insert “ (including, in particular, by enforcing controls on parking there and recovering the costs of doing so) ”,

(c)in subsection (4)(power to make arrangements for the provision of conveniences, facilities, meals or refreshments with anyone other than a council), omit “, other than a council,”, and

(d)in subsection (5)(power to provide conveniences), omit “that is not a special road”.

56Vehicles modified to run on fuel stored under pressureE+W+S+N.I.

(1)The Road Traffic Act 1988 (c. 52) is amended as follows.

(2)Section 41 (regulation of construction, weight, equipment and use of vehicles) is amended as follows.

(3)In subsection (2), after paragraph (b) insert—

(ba)the modification of motor vehicles to enable them to be propelled using fuel stored under pressure,.

(4)After that subsection insert—

(2A)Regulations under this section with respect to the modification of motor vehicles to enable them to be propelled using fuel stored under pressure may include provision—

(a)as to the examination, by persons authorised in accordance with regulations, of motor vehicles that have been so modified, the issuing of certificates by them in respect of such vehicles and the making of charges by them,

(b)requiring authorised persons to notify the Secretary of State of any such examinations carried out by them,

(c)as to appeals against any decision by an authorised person not to issue a certificate,

(d)as to applications to the Secretary of State for authorisation and charges in connection with them,

(e)imposing or providing for the imposition of conditions to be complied with by authorised persons,

(f)as to the withdrawal of authorisations.

(5)In section 66 (regulations prohibiting the grant of excise licences for certain vehicles except on compliance with certain conditions), after subsection (7) insert—

(7A)The Secretary of State may by regulations provide, in relation to vehicles required to be examined and certified by regulations under section 41(2A)(a) of this Act, that the first licence for such a vehicle under the Vehicle Excise and Registration Act 1994 for a period after the requirement applies to the vehicle is to be granted only if evidence is provided that a certificate has been issued in accordance with those regulations.

57Powers to regulate transport of radioactive materialE+W+S+N.I.

(1)Section 2 of the Radioactive Material (Road Transport) Act 1991 (c. 27) (regulations for preventing injury or damage from transport by road of radioactive material) is amended as follows.

(2)In subsection (2), for paragraph (d) and the word “and” before it substitute—

(d)the keeping of records and the production, inspection, removal, retention and copying of records and other documents;

(e)the provision of information and the answering of questions (including the making of declarations as to the truth of answers and their admissibility in evidence); and

(f)the provision of facilities and assistance in connection with the carrying out of functions conferred by the regulations.

(3)In subsection (3), before paragraph (a) insert—

(za)make provision for the imposition of requirements by inspectors and examiners;.

(4)In subsection (4), after “with any” insert “ requirement imposed by or by virtue of ”.

58Minor correctionsE+W+S+N.I.

(1)In section 88(1) of the Road Traffic Act 1988 (c. 52) (exceptions to requirement to hold driving licence), after “any class” insert “ at any time ”.

(2)In section 105(5) of that Act (regulations: “the relevant provisions of the Road Traffic Offenders Act 1988”), after “34” insert “ , 35 ”.

(3)In section 45 of the Road Traffic Offenders Act 1988 (c. 53) (effect of endorsement)—

(a)in subsection (6), for “that Act” substitute “ the Road Traffic Act 1988 ”, and

(b)in subsection (7)(a), at the beginning insert “ under ”.

(4)In section 79(1) of that Act (statements by constables), for “54(3)” substitute “ 54(4) ”.

(5)In section 90 of that Act (index of expressions)—

(a)in the entry relating to the expression “conditional offer”, for “75(3)” substitute “ 75(5) ”, and

(b)in the entry relating to “fixed penalty clerk”, for “75(4)” substitute “ 75(6) ”.

(6)In Schedule 1 to that Act (offences to which certain sections apply), after the entry relating to section 94A of the Road Traffic Act 1988 insert—

RTA section 99(5)Driving licence holder failing to surrender licence and counterpart.Section 6 of this Act.

SupplementaryE+W+S+N.I.

59Repeals and revocationsE+W+S+N.I.

Schedule 7 contains repeals and revocations (including repeals of some spent enactments).

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Commencement Information

I1S. 59 partly in force at Royal Assent see s. 61

60Power to make amendmentsE+W+S+N.I.

(1)The Secretary of State may by order make such amendments (including repeals and revocations) as may appear appropriate in consequence of any provision contained in this Act—

(a)in any enactment contained in an Act passed, and

(b)in any instrument made,

before, or in the same Session as that in which, the provision comes into force.

(2)An order under subsection (1) may include any appropriate transitional provisions or savings.

(3)The power to make an order under subsection (1) is exercisable by statutory instrument.

(4)No order shall be made under subsection (1) unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

61CommencementE+W+S+N.I.

(1)The preceding provisions of this Act come into force on such day as the Secretary of State may by order made by statutory instrument appoint (but subject to subsections (7) to (10)).

(2)Different days may be appointed for different purposes.

(3)Any provision of this Act which alters any penalty for an offence has effect only in relation to offences committed after the coming into force of the provision.

(4)Section 2B of the Road Traffic Act 1988 (c. 52) (inserted by section 20) has effect only in relation to driving occurring after the coming into force of that section; and section 3ZB of that Act (inserted by section 21) has effect only in relation to driving occurring after the coming into force of that section.

(5)In relation to an offence under section 2B or 3ZB of the Road Traffic Act 1988 committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the references in column 4 of Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) relating to offences under those sections have effect with the omission of the words “12 months (in England and Wales) or” and “(in Scotland)”.

(6)The Secretary of State may by order made by statutory instrument make such transitional provisions and savings as he considers appropriate in connection with the coming into force of any provision of this Act.

(7)The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—

(a)section 1, and

(b)section 49.

(8)The day on which sections 8 and 9 and Schedule 2 (and the repeals contained in Schedule 7 under the heading “Endorsement: unlicensed and foreign drivers”) come into force must be—

(a)later than the day on which section 5 and Schedule 1 (and the repeals contained in Schedule 7 under the heading “Giving of fixed penalty notices by vehicle examiners”) come into force, but

(b)earlier than the day on which section 10 and Schedule 3 (and the repeals contained in Schedule 7 under the heading “Endorsement: all drivers”) come into force.

(9)Sections 51, 58 and 60, and the repeals contained in Schedule 7 under the heading “Spent enactments” (and section 59 so far as relating to them), come into force on the day on which this Act is passed; but—

(a)section 51(2) does not affect anything done or omitted to be done before that day, and

(b)section 58(6) has effect only in relation to offences committed on or after that day.

(10)Any power to make an order or regulations which is conferred by any provision of this Act may be exercised at any time after the passing of this Act.

62ExtentE+W+S+N.I.

(1)Section 1 extends only to England and Wales.

(2)Section 11(3) and Schedule 4, section 16 and section 51 extend only to England and Wales and Scotland.

(3)Section 49(2) extends only to Northern Ireland.

(4)Apart from the amendments made by sections 1 and 46, the amendments (and repeals and revocations) made by this Act have the same extent as the enactments and instruments amended (or repealed or revoked).

63Short titleE+W+S+N.I.

This Act may be cited as the Road Safety Act 2006.

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