2013 No. 1012 (C. 43)

Road Traffic

The Road Safety Act 2006 (Commencement No. 10) Order 2013

Made

The Secretary of State for Transport makes the following Order in exercise of the powers conferred by section 61 of the Road Safety Act 20061.

Citation1

This Order may be cited as the Road Safety Act 2006 (Commencement No. 10) Order 2013.

Commencement of section 132

Section 13 of the Road Safety Act 2006 (which relates to high risk offenders and medical enquiries following disqualification) shall come into force on 1st June 2013.

Signed by authority of the Secretary of State

Stephen HammondParliamentary Under Secretary of StateDepartment for Transport
EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force section 13 of the Road Safety Act 2006 on 1st June 2013.

Section 13 amends section 88 of the Road Traffic Act 1988 (the “1988 Act”) which sets out exceptions to the general requirement for anyone wishing to drive a motor vehicle on a road to have an appropriate driving licence. These include the case of a driver who has previously held a driving licence and has made an application for a new licence that meets certain conditions.

The amendments apply to High Risk Offenders, who have been disqualified by court order as a result of serious drink-driving related offences, as prescribed under section 94(4) of the 1998 Act by regulation 74(1) of the Motor Vehicles (Driving Licences) Regulations 19992. The amendments prevent a High Risk Offender, who is in the process of applying for a driving licence as a result of, or in anticipation of, the expiry of a driving disqualification, from driving before they have successfully been granted a new licence following a medical examination as required by the Secretary of State (under section 94(5) of the Act). The effect of section 13(2) of the Road Safety Act 2006 is that this only applies where the conviction in respect of which the disqualification was imposed is on or after the section is brought into force.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Road Safety Act 2006 have been brought into force by commencement order made before the date of this Order:

Provision

Date of Commencement

S.I.No.

Section 3

5.1.2009

2008/3164

Section 4

31.3.2009

2008/3164

Section 5 (and accordingly Schedule 1)

31.3.2009

2008/3164

Sections 6 and 7

31.3.2009

2008/3164

Section 8

1.4.2009

2008/3164

Section 9 (and accordingly Schedule 2)

1.4.2009

2008/3164

Section 11 (and accordingly Schedule 4)

5.1.2009

2008/3164

Section 12

5.1.2009

2008/3164

Section 14

24.9.2007

2007/2472

Sections 20 and 21

18.8.2008

2008/1918

Section 22(1) and (2)

4.2.2011

2011/19

Section 22(3) (and accordingly Schedule 5)

4.2.2011

2011/19

Section 22(4)

16.5.2011

2011/1119

Section 22(5)

4.2.2011

2011/19

Section 22(6) in so far as it relates to subsection (7)

4.2.2011

2011/19

Section 22(6) in so far as it relates to subsection (8)

16.5.2011

2011/1119

Section 22(7)

4.2.2011

2011/19

Section 22(8) in so far as it relates to paragraph 2(1) to (3) of Schedule 2A to the Road Traffic Offenders Act 1988

16.5.11

2011/1119

Sections 23 to 25

24.9.2007

2007/2472

Section 26

27.2.2007

2007/237

Sections 27 to 29

24.9.2007

2007/2472

Section 30 in so far as section 3ZA of the Road Traffic Act 1988 has effect for the purposes of sections 3 and 3A of that Act

24.9.2007

2007/2472

Section 30, to the extent not already commenced

18.8.2008

2008/1918

Sections 31 to 33

24.9.2007

2007/2472

Section 35 for specified purposes in relation to persons convicted of a relevant drink offence

21.12.2012

2012/2938

Section 36

27.2.2007

2007/237

Section 40

27.2.2007

2007/237

Section 41

24.9.2007

2007/2472

Section 42 in so far as it relates to paragraphs 1 and 24 of Schedule 6 (and accordingly paragraph 1 of Schedule 6, in so far as it relates to paragraph 24 of that Schedule, and paragraph 24 of that Schedule)

21.5.2012

2012/1357

Section 43

24.9.2007

2007/2472

Section 44 as to England and Wales

16.3.2007

2007/466

Section 45 as to England and Wales

30.7.2008

2008/1862

Section 46

31.7.2008

2008/1864

Section 49A3

9.2.2009

2009/107

Section 49B4

9.2.2009

2009/107

Section 50

27.2.2007

2007/237

Section 52 as to England and Wales

16.3.2007

2007/466

Sections 53 as to England and Wales

28.1.2008

2007/3492

Section 54 as to England and Wales

31.3.2008

2007/3492

Section 55 as to England and Wales

28.1.2008

2007/3492

Section 59 in so far as it relates to paragraph 1 of Schedule 7 (and accordingly paragraph 1 of Schedule 7)

5.1.2009

2008/3164

Section 59 in so far as it relates to paragraph 2 of Schedule 7 (and accordingly paragraph 2 of Schedule 7)

31.3.2009

2008/3164

Section 59 in so far as it relates to paragraph 3 of Schedule 7 (and accordingly paragraph 3 of Schedule 7)

1.4.2009

2008/3164

Section 59 in so far as it relates to paragraphs 5 and 13 of Schedule 7 (and accordingly paragraphs 5 and 13 of Schedule 7)

24.9.2007

2007/2472

Section 59 in so far as it relates to paragraph 8 of Schedule 7 (and accordingly paragraph 8 of Schedule 7 to the extent that it relates to specified purposes regarding persons convicted of a relevant drink offence)

21.12.2012

2012/2938

Section 59 in so far as it relates to paragraphs 9, 12 and 16 of Schedule 7, (and accordingly paragraphs 9, 12 and 16 of Schedule 7)

27.2.2007

2007/237