The Road Traffic Act 1991 (Commencement No 4 and Transitional Provisions) Order 1992

Explanatory Note

(This note is not part of the Order)

The Order brings into force on 1st July 1992 certain provisions of the Road Traffic Act 1991 including those relating to:—

(1) the replacement of reckless driving offences with the new dangerous driving offences;

(2) the extension of the scope of careless and inconsiderate driving to any mechanically propelled vehicle and to public places other than roads;

(3) the creation of a new offence of causing death by careless driving when under the influence of drink or drugs;

(4) the disapplication of sections 1 to 3 of the Road Traffic Act 1988 for authorised motoring events.

(5) the creation of a new offence of causing danger to road users in England and Wales;

(6) the replacement of the reckless cycling offence with the new dangerous cycling offence;

(7) changes in the offences relating to the construction and use of vehicles;

(8) the appointment of vehicle examiners and the testing and inspection of vehicles;

(9) powers of vehicle examiners and authorised constables to prohibit the driving of unfit and overloaded vehicles;

(10) procedures for the removal of prohibitions;

(11) extending the offence of driving without a licence to driving otherwise than in accordance with a licence;

(12) the creation of new driving licence offences concerning physical fitness;

(13) exception from the requirements of third party insurance;

(14) extending the duty to give information as to the identity of a driver;

(15) revised provisions as to the admissibility of certain evidence from prescribed devices;

(16) alternative verdicts;

(17) extending the powers of courts to order interim disqualification;

(18) changes in the penalty points for certain offences and in the periods of minimum disqualification for certain offences;

(19) penalty points to be taken into account on conviction;

(20) courses for drink-drive offenders;

(21) disqualification until a driving test is passed;

(22) procedures where short periods of disqualification are ordered by court;

(23) changes to the provisions for conditional offer, and their extension to England and Wales;

(24) powers of the courts to order forfeiture of a vehicle used in certain road traffic offences;

(25) disqualification where vehicle used to commit assault and other offences;

(26) power to install equipment for the detection of traffic offences;

(27) the application of road traffic law to tramcars and trolley vehicles; and

(28) omission of certain enactments which have never been brought into force.

An order for disqualification has in the past had the effect of removing all penalty points from a person’s licence. Furthermore, in most cases the person concerned could obtain a licence free of endorsements at the end of the period of disqualification. In future, only disqualifications under the totting up rules will have those effects. Article 6(3) and (4) substantially preserves the old law in relation to offences committed before 1st July 1992.