The Road Safety Act 2006 (Commencement No. 10) Order 2013

Statutory Instruments

2013 No. 1012 (C. 43)

Road Traffic

The Road Safety Act 2006 (Commencement No. 10) Order 2013

Made

26th April 2013

The Secretary of State for Transport makes the following Order in exercise of the powers conferred by section 61 of the Road Safety Act 2006(1).

Citation

1.  This Order may be cited as the Road Safety Act 2006 (Commencement No. 10) Order 2013.

Commencement of section 13

2.  Section 13 of the Road Safety Act 2006 (which relates to high risk offenders and medical enquiries following disqualification) shall come into force on 1st June 2013.

Signed by authority of the Secretary of State

Stephen Hammond

Parliamentary Under Secretary of State

Department for Transport

26th April 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force section 13 of the Road Safety Act 2006 on 1st June 2013.

Section 13 amends section 88 of the Road Traffic Act 1988 (the “1988 Act”) which sets out exceptions to the general requirement for anyone wishing to drive a motor vehicle on a road to have an appropriate driving licence. These include the case of a driver who has previously held a driving licence and has made an application for a new licence that meets certain conditions.

The amendments apply to High Risk Offenders, who have been disqualified by court order as a result of serious drink-driving related offences, as prescribed under section 94(4) of the 1998 Act by regulation 74(1) of the Motor Vehicles (Driving Licences) Regulations 1999(2). The amendments prevent a High Risk Offender, who is in the process of applying for a driving licence as a result of, or in anticipation of, the expiry of a driving disqualification, from driving before they have successfully been granted a new licence following a medical examination as required by the Secretary of State (under section 94(5) of the Act). The effect of section 13(2) of the Road Safety Act 2006 is that this only applies where the conviction in respect of which the disqualification was imposed is on or after the section is brought into force.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Road Safety Act 2006 have been brought into force by commencement order made before the date of this Order:

Provision	Date of Commencement	S.I. No.
Section 3	5.1.2009	2008/3164
Section 4	31.3.2009	2008/3164
Section 5 (and accordingly Schedule 1)	31.3.2009	2008/3164
Sections 6 and 7	31.3.2009	2008/3164
Section 8	1.4.2009	2008/3164
Section 9 (and accordingly Schedule 2)	1.4.2009	2008/3164
Section 11 (and accordingly Schedule 4)	5.1.2009	2008/3164
Section 12	5.1.2009	2008/3164
Section 14	24.9.2007	2007/2472
Sections 20 and 21	18.8.2008	2008/1918
Section 22(1) and (2)	4.2.2011	2011/19
Section 22(3) (and accordingly Schedule 5)	4.2.2011	2011/19
Section 22(4)	16.5.2011	2011/1119
Section 22(5)	4.2.2011	2011/19
Section 22(6) in so far as it relates to subsection (7)	4.2.2011	2011/19
Section 22(6) in so far as it relates to subsection (8)	16.5.2011	2011/1119
Section 22(7)	4.2.2011	2011/19
Section 22(8) in so far as it relates to paragraph 2(1) to (3) of Schedule 2A to the Road Traffic Offenders Act 1988	16.5.11	2011/1119
Sections 23 to 25	24.9.2007	2007/2472
Section 26	27.2.2007	2007/237
Sections 27 to 29	24.9.2007	2007/2472
Section 30 in so far as section 3ZA of the Road Traffic Act 1988 has effect for the purposes of sections 3 and 3A of that Act	24.9.2007	2007/2472
Section 30, to the extent not already commenced	18.8.2008	2008/1918
Sections 31 to 33	24.9.2007	2007/2472
Section 35 for specified purposes in relation to persons convicted of a relevant drink offence	21.12.2012	2012/2938
Section 36	27.2.2007	2007/237
Section 40	27.2.2007	2007/237
Section 41	24.9.2007	2007/2472
Section 42 in so far as it relates to paragraphs 1 and 24 of Schedule 6 (and accordingly paragraph 1 of Schedule 6, in so far as it relates to paragraph 24 of that Schedule, and paragraph 24 of that Schedule)	21.5.2012	2012/1357
Section 43	24.9.2007	2007/2472
Section 44 as to England and Wales	16.3.2007	2007/466
Section 45 as to England and Wales	30.7.2008	2008/1862
Section 46	31.7.2008	2008/1864
Section 49A(3)	9.2.2009	2009/107
Section 49B(4)	9.2.2009	2009/107
Section 50	27.2.2007	2007/237
Section 52 as to England and Wales	16.3.2007	2007/466
Sections 53 as to England and Wales	28.1.2008	2007/3492
Section 54 as to England and Wales	31.3.2008	2007/3492
Section 55 as to England and Wales	28.1.2008	2007/3492
Section 59 in so far as it relates to paragraph 1 of Schedule 7 (and accordingly paragraph 1 of Schedule 7)	5.1.2009	2008/3164
Section 59 in so far as it relates to paragraph 2 of Schedule 7 (and accordingly paragraph 2 of Schedule 7)	31.3.2009	2008/3164
Section 59 in so far as it relates to paragraph 3 of Schedule 7 (and accordingly paragraph 3 of Schedule 7)	1.4.2009	2008/3164
Section 59 in so far as it relates to paragraphs 5 and 13 of Schedule 7 (and accordingly paragraphs 5 and 13 of Schedule 7)	24.9.2007	2007/2472
Section 59 in so far as it relates to paragraph 8 of Schedule 7 (and accordingly paragraph 8 of Schedule 7 to the extent that it relates to specified purposes regarding persons convicted of a relevant drink offence)	21.12.2012	2012/2938
Section 59 in so far as it relates to paragraphs 9, 12 and 16 of Schedule 7, (and accordingly paragraphs 9, 12 and 16 of Schedule 7)	27.2.2007	2007/237

(1)

2006 c.49.

(2)

S.I. 1999/2864, to which there are amendments not relevant to this Order.

(3)

Section 49A was inserted by section 129 of the Local Transport Act 2008 (c.26).

(4)

Section 49B was inserted by section 130 of the Local Transport Act 2008.