Road Traffic Act 1960

111 Endorsement of licences

(1) The court before which a person is convicted of an offence specified in the first column of the Eleventh Schedule to this Act may order that particulars of the conviction shall be endorsed on any licence held by him; and particulars of a conviction so endorsed may be produced as prima facie evidence of the conviction.

(2) Where the court orders a person to be disqualified for holding or obtaining a licence, the court shall exercise the power conferred by the foregoing subsection, and the particulars to be endorsed on the licence shall include particulars of the disqualification.

(3) Where the conviction is one specified in the fourth column of the Eleventh Schedule to this Act as involving obligatory endorsement, then without prejudice to the last foregoing subsection the court shall exercise the power conferred by subsection (1) of this section unless under the provisions of that column it is permissible for the court to order otherwise and it so orders in accordance with those provisions.

(4) An order that the particulars of a conviction or of a disqualification to which the convicted person has become subject are to be endorsed on any licence held by him shall, whether he is at the time the holder of a licence or not, operate as an order that any licence he may then hold or may subsequently obtain shall be so endorsed until he becomes entitled under the following provisions of this section to have a licence issued to him free from endorsement.

(5) Subject to the next following subsection, where an order is made requiring any licence held by an offender to be endorsed, then—

(a) if he is at the time the holder of a licence he shall, if so required by the court, produce the licence within five days or such longer time as the court may determine for the purpose of endorsement; and

(b) if he is not then the holder of a licence, but subsequently obtains a licence, he shall within five days after so obtaining the licence produce it to the court for the purpose of endorsement,

and a person who fails to comply with this subsection shall be liable on summary conviction to a fine not exceeding twenty pounds, or in the case of a second or subsequent conviction to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months; and a licence required to be produced by or under this subsection which is not produced within the time specified in that behalf shall be suspended from the expiration of that time until it is produced for the purpose of endorsement and during the time of suspension shall be of no effect

(6) Paragraph (a) of the last foregoing subsection shall not apply where the offender is prosecuted for an offence specified in paragraph 4, 5, 6 or 22 of the Eleventh Schedule to this Act, but if in any such case, at the time of the alleged offence, he is the holder of a licence, he shall either—

(a) cause it to be delivered to the clerk of the court not later than the day before the date appointed for the hearing, or

(b) send it by registered letter duly addressed to the clerk and posted at such a time that in the ordinary course of post it would be delivered not later than that day, or

(c) have it with him at the hearing,

and, if he is convicted of the offence, the court may require the licence to be produced to it ; and if default is made in the production of a licence pursuant to a requirement under the foregoing provisions of this subsection, the holder shall be liable on summary conviction to a fine not exceeding twenty pounds, or in the case of a second or subsequent conviction to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months, and the licence shall be suspended from the time of the requirement until it is produced to the court and during the time of suspension shall be of no effect

(7) On the issue of a new licence to a person, the particulars endorsed on any previous licence held by him shall be copied on to the new licence unless he has previously become entitled under the following provisions of this section to have a licence issued to him free from endorsement

(8) If a person whose licence has been ordered to be endorsed and who has not previously become entitled under the following provisions of this section to have a licence issued to him free from endorsement applies for or obtains a licence without giving particulars of the order, he shall be liable—

(a) on conviction on indictment, to a fine or to imprisonment for a term not exceeding six months;

(b) on summary conviction, to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months;

and any licence so obtained shall be of no effect.

(9) Where an order has been made in respect of a person under this Part of this Act requiring the endorsement of any licence held by him he shall be entitled, either on applying for the grant of a licence or, subject to a payment of a fee of five shillings and subject to surrender of any subsisting licence, on application at any time, to have issued to him a new licence free from endorsements—

(a) if he has, during a continuous period of three years or upwards since the order was made, had no such order made against him, or no such order other than an order made more than one year before the date of his application and by reason only of a conviction for the offence of driving a motor vehicle at a speed exceeding a speed limit; or

(b) where the order was made by reason only of such a conviction as aforesaid and immediately before the order was made he was the holder of, or was entitled to have issued to him, a licence free from any endorsement or free from any endorsement except of particulars in relation to such a conviction as aforesaid, if he has during a continuous period of one year or upwards since the order was made had no order requiring endorsement made against him:

Provided that in reckoning the said continuous periods of three years and one year respectively, any period during which the applicant was by virtue of the order disqualified for holding or obtaining a licence shall be excluded.