Police, Crime, Sentencing And Courts Act 2022

Part 5: Road traffic

Section 86: Causing death by dangerous driving or careless driving when under the influence of drink or drugs: increased penalties

1. Section 86 increases the maximum penalties and minimum periods of disqualification from driving for the offences of causing death by dangerous driving and causing death by careless driving when under the influence of drink or drugs. Subsections (1) to (3) amend the table at Part 1 of Schedule 2 to the Road Traffic Offenders Act 1998 (the "RTOA 1988") to increase the maximum penalties for these offences from 14 years’ imprisonment to imprisonment for life.
2. Subsections (4) to (8) increase the minimum periods of disqualification from driving for these offences. Subsection (5) amends section 34(3) of the RTOA 1988 so that it no longer envisages that the same minimum period of three years disqualification from driving will apply in respect of a repeat offence under that subsection. See paragraph 111 of these notes for the meaning of ‘repeat offence’ in this context.
3. Subsection (6) inserts new subsection (3A) into section 34 of the RTOA 1988. Paragraph (a) of this new subsection provides for an increased minimum disqualification period of six years where a person is convicted of a repeat offence in circumstances where both the initial offence and the new offence were ones of causing death by careless driving when under the influence of drink or drugs. Paragraph (b) of the new subsection retains the existing three year minimum period of disqualification where a person is convicted of a repeat offence in any other circumstances, subject to new subsection (4ZA) inserted by subsection (7), the effect of which is that a five year minimum period applies where the new offence is causing death by careless driving when under the influence of drink or drugs.
4. Subsections (7) and (8) increase the minimum period of disqualification from two to five years where a person is convicted of an offence of causing death by dangerous driving or causing death by careless driving when under the influence of drink or drugs unless the latter is a repeat offence in circumstances where both the initial and the new offence were the same.
5. Subsection (7) amends section 34(4) of the RTOA 1988 by adding a reference to the new subsection (4ZA) inserted by subsection (8) which specifies these new minimum periods. Subsection (7) removes the above mentioned offences from the list of offences in section 34(3) which are subject to the current two year minimum, and makes various textual amendments to that subsection to reflect this change.
6. Subsection (8) inserts new subsection(4ZA) into section 34 of the RTOA 1988. This new subsection provides for a minimum disqualification period of five years for the two offences mentioned above, except in relation to a repeat offence of causing death by careless driving when under the influence of drink or drugs where the initial and new offences are the same, in which case the period is six years. The subsection also clarifies that the existing period of two years is retained for the others listed in section 34(4).
7. Subsection (9) provides that the increase in the maximum penalties and minimum disqualification periods for the two offences to which this section relates does not apply to offences committed before the commencement of these provisions.

Section 87: Causing serious injury by careless, or inconsiderate, driving

1. Subsection (1) inserts new section 2C into the RTOA 1988 which introduces a new offence of causing serious injury by careless, or inconsiderate, driving.
2. The offence is committed if a person causes serious injury by driving a car or other mechanically propelled vehicle on a road or other public place without due care and attention or without reasonable consideration for other road users.
3. New section 2C(2)(a) defines serious injury in England and Wales as physical harm that amounts to grievous bodily harm under the Offences Against the Person Act 1861 and new section 2C(2)(b) defines serious injury in Scotland as severe physical injury.
4. Subsection (2) amends section 3ZA of the RTOA 1988 so that the meaning of careless, or inconsiderate, driving applies to the new section 2C offence.
5. Subsection (3) amends the table in Part 1 of Schedule 2 to the RTOA 1988 to set the maximum penalty for the offence on indictment as two years’ imprisonment and/or a fine and the maximum penalty on summary conviction as 12 months and/or a fine (noting the practical effect of subsection (4) below).
6. There is a general limit on magistrates’ courts’ power in section 224 of the Code to impose imprisonment, or detention in a young offender institution for more than six months in respect of any one offence. There are uncommenced legislative provisions in paragraph 24(2) of Schedule 22 to the Code that would increase magistrates’ courts’ power to impose imprisonment, or detention in a young offender institution to 12 months, if commenced. Subsection (4) therefore provides that for England and Wales the maximum penalty of 12 months on summary conviction is to be read as six months in relation to an offence committed before paragraph 24(2) of Schedule 22 to the 2020 Act comes into force.

Section 88 and Schedule 8: Road traffic offences: minor and consequential amendments

1. Section 88 introduces Schedule 8 which makes minor and consequential amendments in relation to sections 86 and 87.
2. Paragraph 1(2)(a) amends section 12E of the RTOA 1988 (effect of motor race order) by inserting the new offence into the table at section 12E(3). The table contains a list of statutory provisions which do not apply in relation to authorised on-road races in England and Wales which comply with the prescribed conditions under certain circumstances.
3. Paragraph 1(2)(b)-(c) amends the table at section 12E(3) so that it refers to the current section 3ZB offence (causing death by driving: unlicensed or uninsured drivers) and inserts the section 3ZC offence (causing death by driving: disqualified drivers). This update reflects that section 3ZB and section 3ZC are now separate offences, as made by the Criminal Justice and Courts Act 2015. This Act had the effect of separating out the offence of causing death by driving: disqualified drivers, from the offence of causing death by driving: unlicensed or uninsured drivers. The table is also amended to include the section 3ZD offence (causing serious injury by driving: disqualified drivers) to avoid an anomaly whereby a competitor could otherwise be charged with causing serious injury by driving whilst disqualified, but not with the offence of causing death by driving whilst disqualified.
4. Paragraph 1(3) inserts the new section 2C offence into section 12H(3) (races and trials of speed in Scotland). Section 12H(3) disapplies certain offences in relation to authorised on-road races in Scotland under certain circumstances.
5. Paragraph 1(4) inserts the new section 2C offence into section 13A(1) (disapplication of sections 1 to 3 for authorised motoring events). Section 13A disapplies certain offences in relation to authorised off-road racing events.
6. Paragraph 2(2)(a) amends section 24(1) of the RTOA 1988 to include the new section 2C offence of causing serious injury by careless, or inconsiderate, driving as an alternative verdict to a section 1A offence of causing serious injury by dangerous driving. Paragraph 2(2)(b) amends the same section so that the section 3 offence of careless, and inconsiderate, driving can be an alternative verdict to the new section 2C offence of causing serious injury by careless, or inconsiderate, driving.
7. Paragraph 2(3) inserts the new section 2C offence into the table after paragraph 4 of Schedule 1 to the RTOA 1988. Schedule 1 lists which sections of the RTOA 1988 apply in relation to prosecutions of certain road traffic offences. The table after paragraph 4 details the provisions creating the offence, the general nature of the offence and the applicable provisions of the Act.
8. Paragraph 3 inserts the new section 2C offence into new paragraph 3(bb) of Schedule 3 to the Crime (International Co-operation) Act 2003. This places a duty on the Secretary of State to notify the Republic of Ireland of a UK driving disqualification arising from a conviction for causing serious injury by careless, or inconsiderate, driving for the purposes of mutual recognition of the driving disqualification in the UK and Republic of Ireland.
9. Paragraph 4 inserts the new section 2C offence into paragraph 12(aj) of Schedule 2 to the Armed Forces Act 2006 (road traffic offences in relation to which duty to notify service police of possible corresponding service offence arises).

Section 89: Courses offered as an alternative to prosecution: fees etc

1. This section provides a clear statutory footing for the charging of fees for courses offered as an alternative to prosecution for fixed penalty offences.
2. Subsection (1) inserts Part 3B, comprising sections 90G to 90I, into the RTOA 1988.
3. New section 90G(1) confers power on policing bodies to charge a fee to a person who enrolls on a course offered in England and Wales in relation to a specified fixed penalty offence; and new section 90G(2) allows for the fee charged to be set at a level which exceeds the cost of the course and related administrative expenses. Any excess generated by the charge must be used for the purpose of promoting road safety.
4. New section 90G(3) confers power on the Secretary of State to specify in regulations the level of fees, use of fee income, and how fees are to be calculated. This will not affect policing bodies’ duty to be open and transparent about the way they account for expenditure. New section 90G(4) specifies that regulations made under 90G(3) can set the amount of maximum amount of a fee.
5. New section 90(6) gives the Secretary of State the power to which offences are fixed penalty offences for which courses can be offered, and to specify a body to approve the courses which can be offered under this section. New section 90G(7) specifies that nothing in this section limits any other power to charge fees, except for within this section.
6. New section 90H allows provision to be made, in regulations, to prevent courses being offered to repeat offenders. New section 90I sets out the procedure for making regulations and specifies that regulations made under this power are subject to the negative resolution procedure (new section 90I(2)).
7. Subsection (2) makes equivalent provisions for Northern Ireland by amending Part 4B the Road Traffic Offenders (Northern Ireland) Order 1996.
8. Subsection (3) enables the Secretary of State to make corresponding or similar provision for Scotland in relation to fixed penalty offences by way of statutory instrument subject to the positive resolution procedure (subsection (7)), but the Secretary of State must consult the Lord Advocate before doing so (subsection (5)).

Section 90: Charges for removal, storage and disposal of vehicles

1. Police, strategic highways companies, Secretary of State, local authorities and (within the Greater London area) Transport for London often remove, store and dispose of vehicles. This takes place where, for example, a vehicle is abandoned, parked in an obstructive manner or damaged following a road traffic collision.
2. This section clarifies and returns to a statutory footing the legal basis for the police to charge for vehicle recovery, storage and disposal of vehicles removed under section 99 or section 101 of the 1984 Act, from within an area designated a civil enforcement area (as defined in Schedule 8 to the Traffic Management Act 2004) for parking contraventions. Section 74 of and Schedule 8 to the Traffic Management Act 2004 establish (and enable the establishment of) geographical areas in which there will be civil enforcement for one or more classes of contravention that are subject to civil enforcement. These are referred to as "civil enforcement areas".
3. The section does this by enabling removals from within and outside a civil enforcement area under new section 102(2). Subsection (2) therefore amends section 102 of the Road Traffic Regulation Act 1984 so that an ‘appropriate authority’ (as defined by section 102(8) of the Road Traffic Regulation Act 1984), which includes the police, local authority, Secretary of State and Strategic Highways Company, can charge for section 99 and section 101 removal, storage and disposal of vehicles from both within and outside a civil enforcement area.
4. Subsection (3) provides that local authorities can continue to charge for removal of vehicles from within a civil enforcement area as an enforcement authority under Schedule 9 to the Traffic Management Act 2004.

Section 91: Production of licence to the court

1. This section adjusts the requirements for the production of a driving licence to a court.
2. Subsection (2) amends section 7 of the RTOA 1988 to change the current duty on a person who is prosecuted for an offence involving obligatory or discretionary disqualification, and who is the holder of a licence, to produce their licence to the court.
3. Currently, under section 7, the person must produce their licence to the court, but had the options of delivering it or posting it in advance of the hearing, or having it with them at the hearing.
4. Also currently, under section 7, where the case was tried by a single justice on the papers without a hearing (under section 16A of the 1980 Act), and there is a conviction, that person must produce their licence to the court. The person was given the option of delivering their licence, posting it within the period allowed for indicating a wish to make representations, or, if the person had indicated a wish to make representations by having it with them at the hearing fixed to consider those representations.
5. Subsection (2) removes the options of delivering or posting the licence to the court in advance in all these cases. As for taking it to the hearing, the Section imposes a duty on the accused to bring the licence to the hearing only where there is a hearing and where the accused attends. These adjustments are intended to minimise the extent to which a court needs to handle the physical licence administratively.
6. Subsection (3) changes the powers of a court to order production of a licence.
7. Currently, under section 27(1) of the RTOA 1988, where a person who is the holder of a licence is convicted of an offence involving obligatory or discretionary disqualification, and a court proposes to disqualify that person, or to make an order for the endorsement of their licence, the court must, unless they have already received it, require the licence to be produced to it. It is a summary offence not to comply subject to a maximum penalty of a fine at level 3 on the standard scale (currently £1,000).
8. Subsection (3) amends section 27(1) to provide that:
   • the court, rather than being obliged to order licence production, will have a power to require production, which they may exercise at their discretion,
   • the power will apply both where the court proposes to disqualify (e.g. where it adjourns for sentencing) and where it disqualifies, and
   • the power will not apply where the court neither disqualifies, nor proposes to disqualify, a driver.

1. These changes prevent a court having to handle the physical licence administratively where a driver faces endorsement but not disqualification. In disqualification cases it is envisaged that where the convicted driver is present in court with their licence the court will collect it there and then, but otherwise the court can pass the issue of collection of the licence over to the DVLA under their new enforcement power in Section 71. The changes also clarify that the court’s power to require licence production not only applies where a court proposes to disqualify but also where it orders disqualification (and the same sanction applies, that is, non-compliance is a summary offence subject to a maximum penalty of a fine at level 3 on the standard scale (currently £1,000)).

Section 92: Surrender of licence to Secretary of State where disqualified

1. This section gives the Secretary of State the power to require the surrender of a driving licence to the Secretary of State where a court has ordered disqualification.
2. Subsection (1) inserts a new section 37A into the RTOA 1988 which empowers the Secretary of State by notice in writing to require a person, who is the holder of a licence and who has been disqualified by court order, to surrender their licence to the Secretary of State within 28 days. It makes it an offence not to comply with the notice without reasonable excuse.
3. Subsection (2) provides that the offence is a summary offence with a maximum penalty of a fine at level 3 on the standard scale (currently £1,000).

Section 93: Removal of requirement to surrender licence where fixed penalty notice

1. This section relates to fixed penalties for traffic offences as provided for in Part III (fixed penalties) of the RTOA 1988. It removes from the fixed penalty process the need to produce a driving licence.
2. Currently, under section 54 of the RTOA 1988 (notices on the spot etc.), a person (who is the holder of a licence) who has been stopped by a constable or a vehicle examiner for a fixed penalty offence which appeared to involve obligatory endorsement (without triggering disqualification for totting up 12 or more penalty points) could only be given a fixed penalty notice if they have produced for inspection and surrendered their licence. Where the person does not do so the person could be given an interim notice indicating that if they produced the interim notice and surrendered their licence to a specified police station, or sent them to a specified office of the Secretary of State where the interim notice was given by a vehicle examiner, they would be given a fixed penalty notice.
3. Subsection (2) amends section 52 of the RTOA 1988 to add to the information to the driver that must be included in a fixed penalty notice where the notice relates to an offence involving obligatory endorsement. The notice must indicate that if the driver is to validly pay the fixed penalty the driver must include with the payment certain information as to the driver’s identity (see notes below on subsection (4)).
4. Subsection (3) amends section 54 of the RTOA 1988 to omit all references to the need for the production, inspection and surrender of the licence, and to omit the process of giving interim notices. A fixed penalty notice may now be given in all cases without the need for licence production.
5. Subsection (4) amends section 69 of the RTOA 1988 (payment of penalty) to require that in order to validly pay a fixed penalty in respect of an offence involving obligatory endorsement the payee must provide adequate information as to their identity to ensure that the endorsement is recorded against the correct person’s driving record.
6. Subsection (4)(b) inserts a new subsection (2A) into section 69 to provide that, where payment is made by post, payment is only effectively made if the letter contains the payee’s name and date of birth and, where they are the holder of a licence, the licence number.
7. Subsection (4)(c) inserts new subsections (3A) to (3D) into section 69 to provide that, where payment is made otherwise than by post, payment may only effectively be made if the payee provides the fixed penalty clerk, or the Secretary of State, with the payee’s name and date of birth and, where they are the holder of a licence, the licence number, or otherwise satisfies them as to the payee’s identity.

Section 94: Removal of requirement to deliver up licence where conditional offer

1. This section relates to the procedures for conditional offers of fixed penalties set out in sections 75 to 77A of the RTOA 1988. The section omits the requirements for delivery and dealing with driving licences.
2. Subsection (2)(a) adds to the information to the driver that must be included in a conditional offer where the offer relates to an offence involving obligatory endorsement. The offer must indicate that if the driver is to validly pay the fixed penalty the driver must include with the payment certain information as to the driver’s identity (see notes below on subsection (2)(b) and (c)).
3. Subsection (2)(b) and (c) removes, as one of the conditions which must be fulfilled for the acceptance of a conditional offer to be effective, the requirement for the licence to be delivered to the fixed penalty clerk or the Secretary of State (in cases where the alleged offence involves obligatory endorsement, and the alleged offender is the holder of a licence). It substitutes a condition that the payee provides the fixed penalty clerk, or the Secretary of State, with the payee’s name, date of birth and licence number, or otherwise satisfies them as to the payee’s identity.
4. Subsection (3) amends section 76 of the RTOA 1988 (effect of offer and payment of penalty) as follows:
   • Firstly it amends the wording of section 76(2) so that it provides, in effect, that no proceedings shall be brought against an alleged offender for the offence to which a conditional offer applies where that person not only pays the fixed penalty but also fulfils the identification requirements.
   • Secondly it removes from section 76(3) the reference to a licence being returned to an alleged offender, where it transpires that the person is not eligible for a conditional offer due to their being liable to disqualification for totting up 12 or more penalty points.
   • Thirdly it adjusts the wording in section 76(4), for consistency of language with the amendment referred to in (a) above.

1. Subsection (4) amends section 77A (endorsement of driving records where penalty paid) to omit any reference to licences having to be delivered, sent or returned to any party.

Section 95 and Schedule 9: Surrender of licence and test certificates by new drivers

1. Section 95 introduces Schedule 9.
2. Schedule 9 amends the Road Traffic (New Drivers) Act 1995 ("NDA"). The NDA provides that persons who pass their driving test are subject to a probationary period of two years, from the date of their test, during which they are subject to being disqualified, and having to retake their test, if they are allocated six or more penalty points for road traffic offences within that period.
3. Paragraphs 2 and 3 amend sections 2 and 3 of the NDA, which relate to the revocation of new drivers’ licences. Under those sections, the Secretary of State is required to revoke a new driver’s licence by written notice. This must be done upon receipt of an official notification indicating that the new driver has been given penalty points by a court, or through the fixed penalty or conditional offer process, which bring the total allocated to the driver to six or more. Currently this notice is accompanied by the driver’s licence. Licence revocation must be undertaken where the offence was committed during the driver’s probationary period, and the responsibility for checking this lay with the court, the fixed penalty clerk or the Secretary of State, as appropriate
4. Sections 2 and 3 of the NDA are amended to remove any references to the production and handling of the new driver’s licence as part of the process, and to provide that, where the relevant notices of endorsement are received, it is for the Secretary of State to check if the offence was committed during the new driver’s probationary period. In addition, various minor drafting amendments are made.
5. Paragraph 4 inserts a new section 3A into the NDA which provides that where the Secretary of State serves a notice on a new driver revoking their licence the notice may also require surrender of the licence to the Secretary of State within 28 days. It makes it an offence not to do so without reasonable excuse. Where the licence received is a Northern Ireland one the Secretary of State must send it to the Northern Ireland licensing authority. The offence is a summary offence subject to a maximum penalty of a fine at level 3 on the standard scale (currently £1,000).
6. Paragraph 5 substitutes for section 9(5) of the NDA slightly revised provision in relation to the address of the Secretary of State to which notices, or revoked licences or test certificates, must be sent for consistency in language with the other amendment made to the NDA.
7. Paragraph 6 amend Schedule 1 (newly qualified drivers holding test certificates) to the NDA. Schedule 1 to the NDA makes similar provision for driving test pass certificates as apply to full driving licences (e.g. requirements to produce, surrender and revoke test certificates, and any associated full licences where applicable). This covers the scenarios where a new driver has to be disqualified for being allocated six or more penalty points within their probationary period before actually receiving their full driving licence. This would happen where they have a provisional licence plus a test pass certificate or where they have a test pass certificate for a class of vehicle for which their full licence is either treated as, or is, a provisional licence for that class.
8. Paragraph 6(2) omits the current duties to produce test certificates to the court, or for their production and handling in relation to the giving of fixed penalty notices and the making of conditional offers, or for courts or fixed penalty clerks to send confiscated test certificates to the Secretary of State. These adjustments minimise the extent to which test certificates need to be handled administratively by the courts and fixed penalty clerks.
9. Paragraph 6(3) provides for the Secretary of State by notice to revoke a new driver’s test certificate upon receipt of an official notice indicating that the new driver has been allocated penalty points by a court, or through the fixed penalty or conditional offer process, which bring the total allocated to the driver to six or more within the driver’s probationary period. These changes make the language of the test certificate revocation power match the other NDA amendments, and dispense with any reference to the Secretary of State being supplied with the new driver’s test certificate in advance of serving a revocation notice.
10. Paragraph 6(4) inserts a new paragraph 5A into Schedule 1 to the NDA which provides that where the Secretary of State serves a notice on a new driver revoking their test certificate the notice may also require surrender of the test certificate to the Secretary of State within 28 days. It makes it an offence not to comply with the notice without reasonable excuse. Where the test certificate received is a Northern Ireland one the Secretary of State must send it to the Northern Ireland licensing authority. The offence is a summary offence subject to a maximum penalty of a fine at level 3 on the standard scale (currently £1,000).
11. Paragraph 6(6) omits the current requirements to produce test certificates and associated full licences to the court, or for their production and handling in relation to the giving of fixed penalty notices and the making of conditional offers, or for courts or fixed penalty clerks to send confiscated test certificates and associated full licences to the Secretary of State. These adjustments minimise the extent to which test certificates, and their associated full licences, need to be handled administratively by the courts and fixed penalty clerks.
12. Paragraph 6(7) provides for the Secretary of State by notice to revoke a new driver’s test certificate and associated full licence upon receipt of an official notice, indicating that the new driver has been allocated penalty points by a court, or through the fixed penalty or conditional offer process, which bring the total allocated to the driver to six or more within the driver’s probationary period. These changes are to make the language of the test certificate, and associated full licence, revocation power match the other NDA amendments, and dispense with any reference to the Secretary of State being supplied with the new driver’s test certificate and full licence in advance of serving a revocation notice.
13. Paragraph 6(8) inserts a new paragraph 8A into Schedule 1 to the NDA which provides that where the Secretary of State serves a notice on a new driver revoking their test certificate and associated full licence the notice may also require surrender of the licence, or test certificate, or both to the Secretary of State within 28 days. It makes it an offence not to comply with the notice without reasonable excuse. Where the test certificate, or associated licence, received is a Northern Ireland one the Secretary of State must send it to the Northern Ireland licensing authority. The offence is a summary offence subject to a maximum penalty of a fine at level 3 on the standard scale (currently £1,000).

Section 96 and Schedule 10: Minor and consequential amendments

1. Section 96 introduces Schedule 10.
2. Part 1 of Schedule 10 makes minor and consequential amendments to the RTOA 1988.
3. Part 2 of Schedule 10 makes minor and consequential amendments to the RTOA 1988 and the Crime (International Co-operation) Act 2003.
4. Paragraph 23 expands the existing power of police constables, and vehicle examiners, in section 164 of the Road Traffic Act 1988, to require in certain circumstances the surrender of driving licences. The measure empowers them to require surrender of a driving licence, or test certificate, by a person where that person has already been required by the DVLA under the powers provided in the measure to surrender their licence, or test certificate, and has failed to do so. Failure to surrender the licence, or test certificate, to the constable or vehicle examiner, is a summary offence subject to a maximum penalty of a fine at level 3 on the standard scale (currently £1,000).
5. Part 3 of Schedule 10 makes consequential repeals of amending enactments.

Section 97: Power to issue fixed penalty notices on-the-spot in Scotland

1. This section extends to the police in Scotland the power to issue Fixed Penalty Notices ("FPNs") on-the-spot to road traffic offenders.
2. Subsection (1) repeals the words "England and Wales" from section 54 of the RTOA 1988, as a result the power to issue FPNs on-the-spot under section 54 applies throughout Great Britain.
3. Subsection (2) applies to Scotland and prevents the police or the Procurator Fiscal in Scotland from issuing a conditional offer of fixed penalty notice to a person who has already received an FPN for the same offence. The offender can make up their mind whether to accept the FPN or dispute it in court, confident in the knowledge that they will not receive any further direct measure aimed at diverting them from court. This accords with the position in England and Wales currently.
4. Subsection (3) repeals the paragraph in Schedule 4 to the Road Traffic Act 1991 which specifically disapplied section 54 from Scotland; it is a necessary consequence of subsection (1) which applies section 54 to the whole of Great Britain.