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Part 3 U.K.Road traffic

Valid from 28/01/2010

Chapter 1U.K.Convention on driving disqualifications

Road traffic offences in UKU.K.

54Application of section 55U.K.

(1)Section 55 applies where—

(a)an individual (“the offender”) who is normally resident in a member State other than the United Kingdom is convicted of an offence mentioned in Schedule 3,

(b)no appeal is outstanding in relation to the offence, and

(c)the driving disqualification condition is met in relation to the offence.

(2)The driving disqualification condition is met—

(a)in relation to an offence mentioned in Part 1 of Schedule 3, if an order of disqualification is made in respect of the offence,

(b)in relation to an offence mentioned in Part 2 of that Schedule, if an order of disqualification for a period not less than the minimum period is made in respect of the offence.

(3)The minimum period is—

(a)a period of six months, or

(b)where the State in which the offender normally resides is a prescribed State, a shorter period equal to the period prescribed in relation to the State.

(4)Section 55 does not apply in prescribed circumstances.

(5)For the purposes of this section no appeal is outstanding in relation to an offence if—

(a)no appeal is brought against an offender’s conviction of the offence, or any order made on his conviction, within the time allowed for making such appeals, or

(b)such an appeal is brought and the proceedings on appeal are finally concluded.

55Duty to give notice to foreign authorities of driving disqualification of a non-UK residentU.K.

(1)Where this section applies, the appropriate Minister must give the central authority of the State in which the offender is normally resident a notice under this section.

(2)A notice under this section must—

(a)give the name, address and date of birth of the offender,

(b)give particulars of the offence,

(c)state that no appeal is outstanding in relation to it,

(d)give particulars of the disqualification,

(e)state whether or not the offender took part in the proceedings in which the disqualification was imposed,

(f)state that the offender has been informed that any decision made for the purposes of the convention on driving disqualifications will have no effect on the disqualification.

(3)A notice under this section may contain such other information as the appropriate Minister considers appropriate.

(4)A notice under this section must be accompanied by the original or a certified copy of the order of disqualification.

(5)Where the offender did not take part in the proceedings mentioned in subsection (2)(e), a notice under this section must also be accompanied by evidence that the offender was duly notified of those proceedings.

(6)Where the offender is the holder of a Community licence, a notice under this section must also be accompanied by the licence unless it has been returned to the driver—

(a)under section 91A(7)(b)(ii) of the Road Traffic Offenders Act 1988 (c. 53), or

(b)under Article 92A(7)(b)(ii) of the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/ 1320 (N.I.10)).

(7)Where the period of disqualification is reduced by virtue of section 34A of that Act or Article 36 of that Order, the appropriate Minister must give the central authority particulars of the reduction.

(8)Where the disqualification is removed by an order under section 42 of that Act or Article 47 of that Order, the appropriate Minister must give the central authority particulars of the removal.

(9)The appropriate Minister must provide—

(a)the central authority, or

(b)the competent authority of the State mentioned in subsection (1),

with any further information which it requires for the purposes of the convention on driving disqualifications.