Road Traffic Offenders Act 1988

Changes over time for: Cross Heading: Endorsement

Version Superseded: 01/04/2009

Alternative versions:

Status:

Point in time view as at 23/02/2009.

Changes to legislation:

Road Traffic Offenders Act 1988, Cross Heading: Endorsement is up to date with all changes known to be in force on or before 29 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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EndorsementE+W+S

44 Endorsement of licences.E+W+S

(1)Where a person is convicted of an offence involving obligatory endorsement, the court must order there to be endorsed on [F1the counterpart of] any licence held by him particulars of the conviction and also—

(a)if the court orders him to be disqualified, particulars of the disqualification, or

(b)if the court does not order him to be disqualified—

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

(ii)the penalty points to be attributed to the offence.

(2)Where the court does not order the person convicted to be disqualified, it need not make an order under subsection (1) above if for special reasons it thinks fit not to do so.

(3)In relation to Scotland, references in this section to the court include the [F2justice of the peace court].

(4)This section is subject to section 48 of this Act.

Textual Amendments

F1Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 10

F2Words in s. 44(3) substituted (S.) (10.3.2008 for specified purposes, 2.6.2008 for specified purposes, 8.12.2008 for specified purposes, 23.2.2009 for specified purposes, 14.12.2009 for specified purposes, 22.2.2010 in so far as not already in force) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), s. 84(1), sch. para. 7(d); S.S.I. 2008/42, art. 3, sch.; S.S.I. 2008/192, art. 3, sch.; S.S.I. 2008/329, art. 3, sch.; S.S.I. 2008/362, art. 3, sch.; S.S.I. 2009/432, art. 3, sch. 1, sch. 2

Modifications etc. (not altering text)

C1S. 44: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2, Sch.).

45 Effect of endorsement.E+W+S

(1)An order that any particulars or penalty points are to be endorsed on [F3the counterpart of] any licence held by the person convicted shall, whether he is at the time the holder of a licence or not, operate as an order that [F3the counterpart of] any licence he may then hold or may subsequently obtain is to be so endorsed until he becomes entitled under subsection (4) below to have a licence issued to him [F3with its counterpart] free from the particulars or penalty points.

(2)On the issue of a new licence to a person, any particulars or penalty points ordered to be endorsed on [F4the counterpart of] any licence held by him shall be entered on [F4the counterpart of] the licence unless he has become entitled under subsection (4) below to have a licence issued to him [F4with its counterpart] free from those particulars or penalty points.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(4)[F6A person the counterpart of whose licence has been ordered to be endorsed is entitled to have issued to him with effect from the end of the period for which the endorsement remains effective a new licence with a counterpart free from the endorsement if], he applies for a new licence in pursuance of section 97(1) of the M1Road Traffic Act 1988, surrenders any subsisting licence [F7and its counterpart], pays the fee prescribed by regulations under Part III of that Act and satisfies the other requirements of section 97(1).

(5)An endorsement ordered on a person’s conviction of an offence remains effective (subject to subsections (6) and (7) below)—

(a)if an order is made for the disqualification of the offender, until four years have elapsed since the conviction, and

(b)if no such order is made, until either—

(i)four years have elapsed since the commission of the offence, or

F8 [( ii )an order is made for the disqualification of the offender under section 35 of this Act]

(6)Where the offence was one under section 1 or 2 of [F9the Road Traffic Act 1988] (causing death by [F10dangerous] driving and [F10dangerous] driving), the endorsement remains in any case effective until four years have elapsed since the conviction.

(7)Where the offence was one—

F11 [( a )[F12 under ] section 3A, 4(1) or 5(1)(a) of that Act (driving offences connected with drink or drugs), F13 ... ]

(b)under section 7(6) of that Act (failing to provide specimen) involving obligatory disqualification, [F14or]

[F14(c)under section 7A(6) of that Act (failing to allow a specimen to be subjected to laboratory test),]

the endorsement remains effective until eleven years have elapsed since the conviction.

Textual Amendments

F3Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 11(a)(i)(ii)(iii)

F4Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 11(b)(i)(ii)(iii)

F5S. 45(3) repealed by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), ss. 7, 16, Sch. 3 para. 25(a), Sch. 6

F6Words substituted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 11(d)(i)

F7Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 11(d)(ii)

F8S. 45(5)(b)(ii) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 99(2); S.I. 1992/1286, art. 2,Sch.