Road Traffic Offenders Act 1988 (c. 53)

Part II E+W+S Sentence

Endorsement E+W+S

44 [F1 Orders for endorsement] E+W+S

(1) Where a person is convicted of an offence involving obligatory endorsement, the court must order there to be endorsed on [F2 the 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 [F3 justice of the peace court].

[F4 (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]

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

Textual Amendments

F1 S. 44 heading substituted (1.4.2009) by Road Safety Act 2006 (c. 49), ss. 9(2)(b), 61(1)(8)(10); S.I. 2008/3164, art. 4(b)

F2 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 10

F3 Words 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

F4 S. 44(3A) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), ss. 9(2)(a), 61(1)(8)(10); S.I. 2008/3164, art. 4(b)

Modifications etc. (not altering text)

C1 S. 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.).

[F5 44A Endorsement of driving record in accordance with order E+W+S

(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.]

Textual Amendments

F5 S. 44A inserted (1.4.2009) by Road Safety Act 2006 (c. 49), ss. 9(3), 61(1)(8)(10); S.I. 2008/3164, art. 4(b)

45 Effect of endorsement [F6 of counterparts]. E+W+S

(1) An order that any particulars or penalty points are to be endorsed on [F7 the counterpart of] any licence held by the person convicted shall F8 ... operate as an order that [F7 the 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 [F7 with 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 [F9 the counterpart of] any licence held by him shall be entered on [F9 the counterpart of] the licence unless he has become entitled under subsection (4) below to have a licence issued to him [F9 with its counterpart] free from those particulars or penalty points.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(4) [F11 A 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 M1 Road Traffic Act 1988, surrenders any subsisting licence [F12 and 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

F13 [( 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 [F14 , 1A] or 2 of [F15 the Road Traffic Act 1988] (causing death by [F16 dangerous] driving [F17 , causing serious injury by dangerous driving] and [F16 dangerous] driving), the endorsement remains in any case effective until four years have elapsed since the conviction.

(7) Where the offence was one—

F18 [( a ) [F19 under ] section 3A, 4(1) or 5(1)(a) of that Act (driving offences connected with drink or drugs), F20 ... ]

(b) under section 7(6) of that Act (failing to provide specimen) involving obligatory disqualification, [F21 or]

[F21 (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

F6 Words in s. 45 heading inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 9(3); S.I. 2008/3164, art. 4(b)

F7 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 11(a)(i)(ii)(iii)

F8 Words in s. 45(1) repealed (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 9(2), Sch. 7(3); S.I. 2008/3164, art. 4(b)(c)

F9 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 11(b)(i)(ii)(iii)

F10 S. 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

F11 Words substituted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 11(d)(i)

F12 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 11(d)(ii)

F13 S. 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.

F14 Word in s. 45(6) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 27 para. 7(a); S.I. 2012/2770, art. 2(g)

F15 Words in s. 45(6) substituted (8.11.2006) by Road Safety Act 2006 (c. 49), ss. 58(3)(a), 61(9)

F16 Word in s. 45(6) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 99(3); S.I. 1992/1286, art. 2,Sch.

F17 Words in s. 45(6) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 27 para. 7(b); S.I. 2012/2770, art. 2(g)

F18 S. 45(7)(a) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 99(4); S.I. 1992/1286, art. 2, Sch.

F19 Word in s. 45(7)(a) inserted (8.11.2006) by Road Safety Act 2006 (c. 49), ss. 58(3)(b), 61(9)

F20 Word in s. 45(7)(a) repealed (24.9.2007) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 7(5); S.I. 2007/2472, art. 2(n)

F21 S. 45(7)(c) and word inserted (24.9.2007) by Road Safety Act 2006 (c. 49), ss. 14, 61(1)(10); S.I. 2007/2472, art. 2(a)

Modifications etc. (not altering text)

C2 S. 45: 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.)

C3 S. 45(5) modified (1.7.1992) by S.I. 1992/1286, art. 6(4)

Marginal Citations

M1 1988 c. 52.

[F22 45A Effect of endorsement of driving records E+W+S

(1) An order that any particulars or penalty points are to be endorsed on a person's driving record shall operate as an order that his driving record is to be so endorsed until the end of the period for which the endorsement remains effective.

(2) At the end of the period for which the endorsement remains effective the Secretary of State must remove the endorsement from the person's driving record.

(3) On the issue of a new licence to a person, any particulars ordered to be endorsed on his driving record shall be entered on the counterpart of the licence unless he has become entitled under subsection (4) below to have a licence issued to him with its counterpart free from those particulars or penalty points.

(4) A person the counterpart of whose licence has been endorsed under subsection (3) above 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 Road Traffic Act 1988, surrenders any subsisting licence and its counterpart, pays the fee prescribed by regulations under Part 3 of that Act and satisfies the other requirements of section 97(1).

(5) The period for which an endorsement remains effective is determined in accordance with section 45(5) to (7) of this Act.]

Textual Amendments

F22 S. 45A inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 10; S.I. 2008/3164, art. 4(b)