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The Road Safety Act 2006 (Commencement No. 6) Order 2011

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 4th February 2011 section 22(1) to (3), (5) and (7) of the Road Safety Act 2006 (“the 2006 Act”) (article 2). Subsection (6) of section 22 is also commenced to the extent to which it relates to subsection (7).

Section 22 relates to the new offence of keeping a vehicle which does not meet the insurance requirements and inserts new provisions in the Road Traffic Act 1988 (c.52) (“RTA”) and amends the Road Traffic Offenders Act 1988 (c.53) (“RTOA”).

Section 22(1) inserts sections 144A, 144B, 144C and 144D into the RTA to provide for the offence and exceptions to it, the giving of fixed penalty notices and its enforcement by the immobilisation, removal and disposal of vehicles.

Section 22(2) inserts section 159A into the RTA which makes provision for the Secretary of State to require the Motor Insurers’ Information Centre to disclose information for the purpose of enforcing offences under Part VI of the RTA and regulations under section 160 of that Act, including that of keeping a vehicle which does not meet the insurance requirements.

Section 22(3) inserts Schedule 2A into the RTA which provides for the making of regulations regarding enforcement of the offence by means of the immobilisation, removal and disposal of vehicles.

Section 22(5) to (7) amends the RTOA to provide the penalty for the offence of keeping a vehicle which does not meet the insurance requirements and to apply provisions of that Act regarding time limits for commencing proceedings for the offence and the admissibility of certificates and statements as evidence in those proceedings.

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