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Part IIE+W+S Driver Information Systems

Modifications etc. (not altering text)

C1Pt. II (ss. 8–15) excluded by S.I. 1990/865, art. 2(1)(2)

Licensing for driver information systemsE+W+S

9 Requirement for licence to operate driver information system.E+W+S

(1)Except as provided under subsection (2) below, no person shall operate a driver information system in relation to public roads in England or Wales or Scotland unless he is authorised to do so by a licence granted to him by the Secretary of State.

(2)The Secretary of State may, by order, direct that this Part of this Act shall not apply to any description of driver information system specified in the order; and the description of a system may be framed by reference to any of its characteristics, its effects or any other circumstances.

(3)[F1The holding by a person of a licence under this section shall not relieve him of—

(a)any liability in respect of a failure to hold [F2a licence under section 8 of the Wireless Telegraphy Act 2006] ; or

(b)any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).]

(4)Any person who operates a driver information system in contravention of this section commits an offence.

(5)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; and

(b)on conviction on indictment, to a fine.

Textual Amendments

F1S. 9(3) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 97(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)