Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Payments for road safety
For section 40 of the Road Traffic Act 1988 (c. 52) (power to subsidise promotion of road safety by bodies other than local authorities) substitute—
Section 38 of the Vehicles (Crime) Act 2001 (c. 3) (unified power for Secretary of State to fund speed cameras etc.) is amended as follows.
In subsections (3) and (4), for “this section” substitute “ subsection (1) ”.
After subsection (4) insert—
Fixed penalties
The Road Traffic Offenders Act 1988 (c. 53) is amended as follows.
In section 53 (amount of fixed penalty), for subsections (2) and (3) substitute—
In section 84(2) (regulations about surcharge notices), for paragraphs (b) and (c) substitute.
Section 28 of the Road Traffic Offenders Act 1988 (penalty points to be attributed to an offence) is amended as follows.
For subsection (3) substitute—
In subsection (7), in paragraph (b), after “penalty)” insert “ or the words “or appropriate penalty points (fixed penalty)”.
Before the word “and” at the end of that paragraph insert—.
After subsection (8) insert—
In subsection (9), for “subsection (7) above” substitute “ this section ”.
Schedule 1 contains provision about the giving of fixed penalty notices by vehicle examiners and connected matters.
The Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) is amended as follows.
In subsection (1) of section 9 (duty of applicant for operator's licence to notify traffic commissioner of notifiable conviction subsequent to making of application), insert at the end “ or there is issued a notifiable fixed penalty notice within the meaning given in paragraph 7 of that Schedule. ”
In subsection (3)(b) of that section (offence of failing to notify conviction of transport manager), insert at the end “ or the issue to the transport manager of a fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988 in respect of such an offence. ”
In subsection (1) of section 26 (revocation, suspension and curtailment of operators' licences), after paragraph (c) insert—.
In paragraph (d) of that subsection, insert at the end “ or an issue of a fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988 to the licence-holder or a servant or agent of his in respect of such an offence; ”.
In paragraph 1 of Schedule 2 (information about, and convictions of, applicants for and holders of operators' licences), after paragraph (f) insert—.
After paragraph 6 of that Schedule insert—
The Public Passenger Vehicles Act 1981 (c. 14) is amended as follows.
In section 19 (duty of applicant for PSV operator's licence to inform traffic commissioners of relevant convictions etc.), after subsection (2) insert—
In sub-paragraph (1) of paragraph 1 of Schedule 3 (supplementary provisions as to qualifications for PSV operator's licence), before the word “and” at the end of paragraph (a) insert—.
In sub-paragraph (2) of that paragraph, before the word “and” at the end of paragraph (a) insert—.
After that sub-paragraph insert—
New system of endorsement
In the Road Traffic Offenders Act 1988 (c. 53), after section 97 insert—
The Road Traffic Offenders Act 1988 is amended as follows.
In section 44 (endorsement of licences)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the heading substitute “ Orders for endorsement ”.
After that section insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After section 57 insert—
Schedule 2 contains further amendments about the endorsement of driving records in the case of unlicensed and certain foreign drivers.
In section 44 (orders for endorsement)—
in subsection (1), for “the counterpart of any licence held by him” substitute “ his driving record ”, and
omit subsection (3A).
Section 54 (notices on-the-spot etc.) is amended as follows.
For subsections (3) to (5E) substitute—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Omit section 57 (endorsement of counterparts without hearings).
Section 57A (endorsement of driving records without hearings) is amended as follows.
In subsection (1), omit “who is not the holder of a licence”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 3 contains further amendments about the endorsement of driving records in the case of all drivers.
Deposits and prohibition on driving
In the Road Traffic Offenders Act 1988 (c. 53), after Part 3 insert—
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 67 of that Act insert—
Schedule 4 makes provision about the immobilisation of vehicles the driving of which has been prohibited and about their removal and disposal.
In section 99A of the Transport Act 1968 (c. 73) (powers to prohibit driving of vehicles in connection with contravention of provisions about drivers' hours), after subsection (5) insert—
In section 3 of the Road Traffic (Foreign Vehicles) Act 1972 (c. 27) (prohibition on driving of foreign vehicles: enforcement provisions), after subsection (7) insert—
In section 73 of the Road Traffic Act 1988 (c. 52) (prohibition on driving of unfit or overloaded vehicles: supplementary provisions), after subsection (4) insert—
Drink-driving etc.
In section 88 of the Road Traffic Act 1988 (exceptions to requirement to hold driving licence), after subsection (2) insert—
The amendment made by subsection (1) does not apply where the conviction in respect of which the disqualification was ordered was imposed before the coming into force of that subsection.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In the Road Traffic Offenders Act 1988, after section 34C insert—
In the Road Traffic Offenders Act 1988 (c. 53), after section 41A insert—
In Schedule 1 to that Act (offences to which certain sections apply)—
in paragraph 3, after paragraph (a) insert—, and
in paragraph 4, before paragraph (a) insert—.
Subject as follows, no order shall be made under section 34D of the Road Traffic Offenders Act 1988 (c. 53) (inserted by section 15) after—
the end of 2010, or
such later time as may be specified in an order made by the Secretary of State.
But at any time before the restriction imposed by subsection (1) has taken effect, the Secretary of State may by order provide that it shall not do so.
In this section “the experimental period” means the period beginning when section 15 comes into force and ending—
when the restriction imposed by subsection (1) takes effect, or
if the Secretary of State makes an order under subsection (2), on a date specified in the order.
During the experimental period—
no order shall be made under section 34D by virtue of a person's conviction under section 3A of the Road Traffic Act 1988 (c. 52), and
no order shall be made under section 34D except by a magistrates' court acting for a local justice area (or, in Scotland, a sheriff court for a district or a stipendiary magistrate for a commission area) which is for the time being designated for the purposes of this section.
In relation to orders made under section 34D during the experimental period, section 34E(5) shall have effect with the omission of the references to the relevant local court.
The power to designate an area or district for the purposes of this section is exercisable by the Secretary of State by order, and includes power to revoke a designation previously made.
An order under subsection (6) must specify the period for which an area or district is designated, and may—
specify different periods for different areas or districts, and
extend or shorten any period previously specified.
The power to make an order under subsection (1) is not exercisable after the end of 2010, and no more than one order may be made under that subsection.
Any power of the Secretary of State to make orders under this section is exercisable by statutory instrument, and—
no order is to be made under subsection (1) or (2) unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament, and
any statutory instrument containing an order under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.
Speeding
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences: offences under the Traffic Acts), in column (7) (penalty points)—
for the entry relating to section 17(4) of the Road Traffic Regulation Act 1984 (c. 27) (traffic regulation on special roads), substitute “ 2-6 or appropriate penalty points (fixed penalty) if committed in respect of a speed limit, 3 in any other case ”, and
for the entry relating to section 89(1) of that Act (speeding offences other than those on special roads), substitute “ 2-6 or appropriate penalty points (fixed penalty) ”.
In section 41 of the Road Traffic Act 1988 (c. 52) (regulation of construction, weight, equipment and use of vehicles)—
in subsection (2), at the end insert—, and
in subsection (7), at the end insert—
After section 41B of that Act (breach of requirement as to weight: goods and passenger vehicles) insert—
In section 42(a) of that Act (breach of other construction and use requirements), for “or 41B(1)(a)” substitute “ , 41B(1)(a), 41C(a) ”.
In section 98(1) of the Road Traffic Offenders Act 1988 (c. 53) (interpretation), at the appropriate place insert—.
In Schedule 1 to that Act (offences to which certain sections apply), after the entry relating to section 41B of the Road Traffic Act 1988 (c. 52) insert—
In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 41B of the Road Traffic Act 1988 insert—
In Schedule 3 to that Act (fixed penalty offences), after the entry relating to section 41B of the Road Traffic Act 1988 insert—
For section 87 of the Road Traffic Regulation Act 1984 (c. 27) (exemption of fire, ambulance and police vehicles from speed limits) substitute—
New offences
In the Road Traffic Act 1988 (c. 52), after section 2A insert—
In section 24(1) of the Road Traffic Offenders Act 1988 (c. 53) (alternative verdicts), in the Table—
in the entry relating to section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving), in the second column, after “Section 2 (dangerous driving)” insert “ Section 2B (causing death by careless, or inconsiderate, driving) ”,
after the entry relating to section 2 of that Act insert—
in the entry relating to section 3A of that Act (causing death by careless driving when under influence of drink or drugs), in the second column, before “Section 3 (careless, and inconsiderate, driving)” insert “ Section 2B (causing death by careless, or inconsiderate, driving) ”.
In Schedule 1 to the Road Traffic Offenders Act 1988 (offences to which certain sections apply), after the entry relating to section 2 of the Road Traffic Act 1988 insert—
In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 2 of the Road Traffic Act 1988 insert—
In sections 16(1)(a)(ii) and 17(1)(b) and (2)(b) of the Coroners Act 1988 (c. 13) (informing coroners)—
after “1” insert “ , 2B ”, and
after “dangerous driving” insert “ , careless driving ”.
In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act 2003 (c. 32) (offences where notice must be given to authority of State in which offender is normally resident), after paragraph (b) insert—.
In the Road Traffic Act 1988 (c. 52), after section 3ZA (inserted by section 30) insert—
In Schedule 1 to the Road Traffic Offenders Act 1988 (c. 53) (offences to which certain sections apply), after the entry relating to section 3 of the Road Traffic Act 1988 insert—
In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 3 of the Road Traffic Act 1988 insert—
In sections 16(1)(a)(ii) and 17(1)(b) and (2)(b) of the Coroners Act 1988 (c. 13) (informing coroners)—
before “or 3A” insert “ , 3ZB ”, and
before “or careless” insert “ , unlicensed, disqualified or uninsured drivers ”.
In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act 2003 (c. 32) (offences where notice must be given to authority of State in which offender is normally resident), after paragraph (c) insert—.
In the Road Traffic Act 1988 (c. 52), after section 144 insert—
Before section 160 of the Road Traffic Act 1988 (c. 52) insert—
In section 91(a) of the Road Traffic Offenders Act 1988 (c. 53) (penalty for breach of regulations: application to regulations under Road Traffic Act 1988), after “132” insert “ or under section 160 by virtue of Schedule 2A ”.
In Schedule 1 to that Act (offences to which certain sections apply), after the entry relating to section 143 of the Road Traffic Act 1988 insert—
Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts) is amended as follows.
After the entry relating to section 143 of the Road Traffic Act 1988 insert—
After the entry relating to section 154 of the Road Traffic Act 1988 insert—
Increases in penalties
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences: offences under the Traffic Acts), in the entry relating to section 3 of the Road Traffic Act 1988 (c. 52) (careless, and inconsiderate, driving), in column (4) (punishment), for “Level 4” substitute “ Level 5 ”.
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts), in the entry relating to section 15(4) of the Road Traffic Act 1988 (driving a motor vehicle in contravention of requirements relating to seat belts where children in rear seat), in column (4) (punishment), for “Level 1” substitute “ Level 2 ”.
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences: offences under the Traffic Acts), in the entry relating to section 40A of the Road Traffic Act 1988 (c. 52) (using vehicle in dangerous condition etc.), in column (5) (disqualification), for “Discretionary.” substitute—
In section 34 of that Act (disqualification for certain offences), after subsection (4A) insert—
Before section 42 of the Road Traffic Act 1988 insert—
In section 42(a) of that Act (breach of other construction and use requirements), before “of” insert “ or 41D ”.
In Schedule 1 to the Road Traffic Offenders Act 1988 (offences to which certain sections apply), before the entry relating to section 42 of the Road Traffic Act 1988 insert—
In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), before the entry relating to section 42 of the Road Traffic Act 1988 (c. 52) insert—
In Schedule 3 to that Act (fixed penalty offences), before the entry relating to section 42 of the Road Traffic Act 1988 insert—
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences: offences under the Traffic Acts), in the entry relating to section 163 of the Road Traffic Act 1988 (failing to stop mechanically propelled vehicle or cycle when required to do so), in column (4) (punishment), for “Level 3 on the standard scale.” substitute—and, in column (2) (general nature of offence), for “motor” substitute “ mechanically propelled ”.
In Part 2 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences otherwise than under the Traffic Acts), after the entry relating to manslaughter and culpable homicide insert—
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences: offences under the Traffic Acts), in the entry relating to section 172 of the Road Traffic Act 1988 (c. 52) (duty to give information as to identity of driver etc. in certain circumstances), in column (7) (penalty points), for “3” substitute “ 6 ”.
Other provisions about offences
In the Road Traffic Act 1988, after section 3 insert—
Section 3A of the Road Traffic Act 1988 (causing death by careless driving when under influence of drink or drugs etc.) is amended as follows.
In subsection (1), after paragraph (c) insert.
In subsection (3), for “and (c)” substitute “ , (c) and (d) ”.
In section 24(1) of the Road Traffic Offenders Act 1988 (alternative verdicts), in the Table, in the entry relating to section 3A of the Road Traffic Act 1988, in the second column, after “Section 7(6) (failing to provide specimen)” insert “ Section 7A(6) (failing to give permission for laboratory test) ”.
Section 23 of the Road Traffic Offenders Act 1988 (c. 53) (alternative verdicts in Scotland) is amended as follows.
In subsection (1), for “an offence under section 2 of the Road Traffic Act 1988 (dangerous driving)” substitute “ any of the relevant offences ”.
After that subsection insert—
In section 24 of the Road Traffic Offenders Act 1988 (alternative verdicts), before subsection (1) insert—
Attendance on courses
The Road Traffic Offenders Act 1988 is amended as follows.
In section 29 (penalty points to be taken into account on conviction), after subsection (2) insert—
After section 30 insert—
For sections 34A to 34C of the Road Traffic Offenders Act 1988 (c. 53) substitute—
Driving standards
Section 89 of the Road Traffic Act 1988 (c. 52) (driving tests) is amended as follows.
In subsection (3) (regulations about nature of tests)—
in paragraph (a), insert at the end “ and the administrative arrangements for submitting for such tests ”,
in paragraph (b), after “conducted” insert “ , conditions which must be satisfied during the currency of an appointment, the charging of reasonable fees in respect of applications for appointment or appointments or in connection with any examination or assessment which may be required before appointment or during the currency of any appointment ”, and
after that paragraph insert—.
In subsection (4) (provision that may be included in regulations under subsection (3))—
for “In particular, regulations may, without prejudice to the generality of subsection (3) above,” substitute “ Regulations under subsection (3)(a) above may in particular ”,
in paragraph (a) (provision by person submitting himself for driving test of vehicle which, if loading requirements are prescribed, is loaded in accordance with prescribed requirements), for “a vehicle” substitute “ a safe and suitable vehicle ”,
in that paragraph, for the words after “the test” substitute “ and for requiring that, if the vehicle is a vehicle of a prescribed description, it has been certified in the prescribed manner after a prescribed inspection as satisfying such requirements as may be prescribed, ”, and
for paragraph (b) substitute—.
In subsection (5) (driving tests in parts), omit paragraph (b) and the word “and” before it.
After that subsection insert—
In section 91 of that Act (repayment of test fees), for “A fee” substitute “ The whole or any part of a fee ”.
Section 36 of the Road Traffic Offenders Act 1988 (c. 53) (duty of court to order disqualification until test is passed) is amended as follows.
In subsection (3) (order to be made in case of person disqualified in circumstances, or for period, prescribed by order)—
for “in such circumstances or for such period” substitute “ for such period, in such circumstances or for such period and in such circumstances ”,
for “prescribe” substitute “ specify ”, and
for “may be so prescribed” substitute “ the Secretary of State may by order specify ”.
In subsection (5) (interpretation), for the definition of “appropriate driving test” substitute—; and, in the definition of “extended driving test”, after “section” insert “ by regulations made by the Secretary of State ”.
In subsection (8) (disqualification to expire on production in accordance with regulations under section 105 of Road Traffic Act 1988 of evidence of having passed test), for “under section 105 of the Road Traffic Act 1988” substitute “ made by the Secretary of State ”.
In subsection (9) (disqualification to expire by reason of passing of test only in relation to vehicles of such classes as are prescribed by such regulations), for “under that section” substitute “ made by the Secretary of State ”.
After subsection (13) insert—
Omit subsection (14) (no order to be made under subsection (3) after end of 2001 unless one previously made).
In section 173(2) of the Road Traffic Act 1988 (c. 52) (forgery of documents etc.), insert at the end
In section 89(1) of the Road Traffic Act 1988 (c. 52) (licence not to be granted unless conditions satisfied), for—substitute “ that he has, at such time or within such period as is prescribed, passed ”.
the words in paragraph (a) before sub-paragraph (i), and
the words from “that” to “passed” in paragraphs (c) and (e),
In section 97 of that Act (grant of licences), after subsection (1) insert—
In section 98(1)(c) of that Act (provisional licence to specify conditions subject to which it is granted)—
omit “in the case of a provisional licence”, and
for “the conditions” substitute “ any conditions ”.
In section 195 of that Act (provisions as to regulations)—
in subsection (3), omit “is exercised” and after “189)” insert “ is exercised (otherwise than for the purposes of section 97(1ZA) of this Act) ”, and
in subsection (4), after “Act” insert “ , or for the purposes of section 97(1ZA) of this Act, ”.
In the Road Traffic Act 1988, after section 98 insert—
In Schedule 1 to the Road Traffic Offenders Act 1988 (c. 53) (offences to which certain sections apply), after the entry relating to section 94A of the Road Traffic Act 1988 (c. 52) insert—
In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 96 of the Road Traffic Act 1988 insert—
In section 99 of the Road Traffic Act 1988 (duration of licence)—
in subsection (7) (grant of new licence free of charge on surrender of photocard licence after ten years, in cases of error and on change of name or address), omit “and any licence granted under this subsection shall be granted free of charge”, and
After that subsection insert—
In section 117A(2)(c) and (3) of that Act (disqualification etc. of holders of Community licences: issue of alternative licences), for “, free of charge,” substitute “ , on payment of such fee (if any) as may be prescribed, ”.
Section 99ZC(1) of the Road Traffic Act 1988 (c. 52) (driver training courses: supplementary) is amended as follows.
In paragraphs (b) and (c), after “courses” insert “ or giving instruction on such courses ”.
After paragraph (e) insert
In section 173(2) of that Act (forgery of documents etc.), for paragraph (ff) substitute—.
In section 174(1) of that Act (false statements), after paragraph (c) insert—.
Schedule 6 contains amendments about driving instruction.
In the Road Traffic Act 1988, before section 163 insert—
Regulation of registration plate suppliers
Part 2 of the Vehicles (Crime) Act 2001 (c. 3) (regulation of registration plate suppliers) is amended as follows.
In section 26(8) (power of entry for authorised persons: meaning of “authorised person”), for “section by” substitute.
In section 30(a) (institution of proceedings for offences), after “by” insert “ the Secretary of State, ”.
In section 31(1) (interpretation of Part 2), for the definition of “local authority” substitute—.
Part 2 of the Vehicles (Crime) Act 2001 (c. 3) (regulation of registration plate suppliers) is amended as follows.
In section 31(1) (interpretation of Part 2), in paragraph (a) of the definition of “registration plate”, for “a registration mark” substitute “ in accordance with regulations under paragraph (b) of subsection (4) of section 23 of the 1994 Act a registration mark which complies with regulations under paragraph (a) of that subsection ”.
Section 28 (offences) is amended as follows.
After subsection (1) insert—
In subsection (2), after “(1)” insert “ or (1A) ”.
In subsection (3), for “subsection (1) or (2)” substitute “ this section ”.
In the heading, for “counterfeit registration plates” substitute “ plates etc. ”
Part 2 of the Vehicles (Crime) Act 2001 (regulation of registration plate suppliers) extends to Scotland and Northern Ireland.
In consequence of subsection (1) that Act is amended as follows.
In section 17(1) (requirement of registration for registration plate suppliers carrying on business in England or Wales), omit “in England or Wales”.
In section 18(5) (certified copy of register or extract from register to be evidence of matters mentioned in it), after “evidence” insert “ (or, in Scotland, sufficient evidence) ”.
In section 20(6) (removal or suspension not to have effect while appeal pending or capable of being brought: meaning of “appeal”), after the reference to section 111 of the Magistrates' Courts Act 1980 (c. 43) insert “ or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 ”.
For section 23 substitute—
In section 26 (rights to enter and inspect premises)—
in subsection (3) (application for warrant), after “justice of the peace” insert “ , or (in Scotland) a justice of the peace, magistrate or sheriff, ”,
in subsection (4) (issue of warrant), after “justice” insert “ of the peace, magistrate or sheriff ”, and
in subsection (8) (as amended by section 44(2)), before “by a local authority” insert “ (except in Northern Ireland) ”.
in that subsection, after “instituted” insert “ in England and Wales ”, and
after that subsection insert—
In section 39 (offences by body corporate), insert at the end—
In section 45 (extent)—
in subsection (1) (provisions extending only to England and Wales), for “Parts 1 and 2,” substitute “ Part 1 ”, and
in subsection (2), (provisions extending to England and Wales, Scotland and Northern Ireland), for “Sections” substitute “ Part 2 and sections ”.
Information
Section 7 of the Vehicle Excise and Registration Act 1994 (c. 22) (issue of vehicle licences) is amended as follows.
After subsection (1) insert—
In subsection (5), before paragraph (a) insert—.
Section 22 of that Act (registration regulations) is amended as follows.
In paragraph (a) of subsection (1) (provision with respect to registration), for “(including, in particular, the form of and the particulars to be included in the register of trade licences)” substitute “ and trade licences ”.
After that paragraph insert—.
In paragraph (d) of that subsection (requirement on person by, through or to whom vehicle is sold or disposed of to furnish particulars)—
after “person” insert “ by whom any vehicle is kept or ”,
for “furnish the particulars” substitute “ make any such declarations and furnish any such particulars and any such documentary or other evidence as may be ”, and
for “in the manner” substitute “ and to do so at such times and in such manner as may be ”.
In paragraph (h) of that subsection (new registration documents), for “or inaccurate” substitute “ or which have become inaccurate for any reason (in particular by reason of a change in the person by whom the vehicle to which they relate is being kept) ”.
After subsection (1A) insert—
After subsection (1B) insert—
Section 45 of that Act (false or misleading declarations and information) is amended as follows.
In subsection (1), after “misleading” insert “ , or produces a document which to his knowledge is false or in any material respect misleading, ”.
In subsection (2A)—
after “statement” insert “ or produces a document ”, and
for “made in respect of a vehicle” substitute “ made or produced ”.
In section 49 of the Road Traffic Act 1988 (c. 52) (tests of satisfactory condition of goods vehicles and determination of plated weights etc.), after subsection (3) insert—
After that section insert—
In section 22A(6) of the Vehicle Excise and Registration Act 1994 (c. 22) (vehicle identity checks), after “45(6B)” insert “ or 49(3A) ”.
The Secretary of State may make any information held by him (in any form) for the purposes of—available to the authorities of any country or territory outside the United Kingdom with responsibility under the law of that country or territory for the regulation of drivers or vehicles for use by them in the discharge of that responsibility.
Part 3 or 4 of the Road Traffic Act 1988 (c. 52) (licensing of drivers of vehicles), or
Part 2 of the Vehicle Excise and Registration Act 1994 (registration of vehicles),
The Department of the Environment may make any information held by it (in any form) for the purposes of—available to the authorities of any country or territory outside the United Kingdom with responsibility under the law of that country or territory for the regulation of drivers or vehicles for use by them in the discharge of that responsibility.
Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (licensing of drivers of vehicles), or
Articles 70 to 79 of that Order (licensing of drivers of large goods vehicles and passenger-carrying vehicles),
The Secretary of State may disclose information to which subsection (2) applies to any person or body referred to in subsection (3) (subject to any restrictions mentioned in relation to the person or body).
This subsection applies to information that—
is derived from particulars contained in a register of vehicles that is maintained in a country or territory outside the United Kingdom, and
has been obtained by the Secretary of State from the authority or authorities of that country or territory with responsibility under the law of that country or territory for maintaining the register.
The persons and bodies are—
a local authority, where the disclosure is made for any purpose connected with the investigation of—
an offence, or
a road traffic contravention;
Transport for London, where the disclosure is made for such a purpose;
the Department of the Environment in Northern Ireland, where the disclosure is made for any purpose connected with the investigation of an offence;
the Department for Regional Development in Northern Ireland, where the disclosure is made for any purpose connected with the investigation of a road traffic contravention;
the chief officer of police of a police force in England and Wales;
the chief constable of the Police Service of Scotland;
a member of the Police Service of Northern Ireland;
an officer of Revenue and Customs;
an inspector of taxes, where the disclosure is made for any purpose connected with any tax liability to which a person is or may be subject, or the amount of any such liability;
a person who the Secretary of State is satisfied has reasonable cause for seeking disclosure of the information.
The Secretary of State may charge a reasonable fee in respect of the cost of—
obtaining, or seeking to obtain, information falling within subsection (2)(a);
supplying information under subsection (1).
Nothing in this section affects any other power of the Secretary of State to disclose information.
In this section—“local authority” means—a county council in England; a metropolitan district council; a non-metropolitan district council for an area for which there is no county council; a London borough council; the Common Council of the City of London; the Council of the Isles of Scilly; a county council or county borough council in Wales; a council constituted under section 2 of the Local Government etc.(Scotland) Act 1994;“road traffic contravention” means—in relation to England and Wales, any contravention falling within Schedule 7 to the Traffic Management Act 2004; in relation to Scotland, any act or omission that would have been an offence but for paragraph 1(4) or (as the case may be) 2(4) of Schedule 3 to the Road Traffic Act 1991 (control of parking in permitted and special parking areas); in relation to Northern Ireland, any contravention falling within Schedule 1 to the Traffic Management (Northern Ireland) Order 2005 (2005 No. 1964 (N.I. 14));“tax” has the meaning given by section 118(1) of the Taxes Management Act 1970.
The Secretary of State may use information to which section 49A(2) applies for any of the purposes referred to in subsection (2).
The purposes are—
to check the accuracy of information which has been obtained under regulations made by virtue of section 22A(2) of the Vehicle Excise and Registration Act 1994 (vehicle identity checks);
to check the accuracy of records maintained by the Secretary of State in connection with any functions exercisable by the Secretary of State under or by virtue of that Act;
to check the accuracy of records maintained, or caused to be maintained, under section 45(6B) or 49(3A) of the Road Traffic Act 1988 (records of examinations of goods and other vehicles);
where appropriate, to amend or supplement any information mentioned in the foregoing provisions of this subsection or information contained in any records so mentioned;
to trace a non-resident parent (within the meaning of the Child Support (Information, Evidence and Disclosure) Regulations 1992 (S.I. 1992/1812)).
Level crossings
Section 1 of the Level Crossings Act 1983 (c. 16) (safety arrangements at level crossings) is amended as follows.
For paragraph (a) of subsection (2) substitute—.
In paragraph (b) of that subsection, after “impose” insert “ on the operator ”.
In subsection (3)(b), omit “barriers or other”.
In subsection (5)(b), for “include requirements as to” substitute “ impose requirements as to protective ”.
For subsection (6) substitute—
For subsection (8) substitute—
In subsection (9), for “(6) or (8)” substitute “ (6ZA) or (8A) ”.
In subsection (11)—
omit the definition of “local authority”,
before the definition of “operator” insert—, and
in the definition of “protective equipment”, after “includes” insert “ barriers, ”.
In paragraph 7 of Schedule 3 to the Railways Act 2005 (c. 14) (agreements by Secretary of State and Office of Rail Regulation for that Office to carry out on his behalf functions other than powers to make instruments of legislative character), after sub-paragraph (3) insert—
Subsection (2) of section 13 of the Health and Safety at Work etc. Act 1974 (c. 37) (agreements by Health and Safety Commission with Minister to perform functions on his behalf not to be taken to authorise performance of powers to make instruments of legislative character) is not to be taken to have prevented the performance by the Health and Safety Executive (on behalf of the Health and Safety Commission), in reliance on an agreement under subsection (1)(b) of that section, of the function of making orders under section 1 of the Level Crossings Act 1983 (c. 16).
Hackney carriages and private hire vehicles
Part 2 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) (hackney carriages and private hire vehicles in England and Wales outside London) is amended as follows.
In section 61 (suspension and revocation of drivers' licences), after subsection (2) insert—
In subsection (3) of that section, after “under” insert “ subsection (1) of ”.
In section 77 (appeals), after subsection (2) insert—
In section 75(1) of the Local Government (Miscellaneous Provisions) Act 1976 (hackney carriages and private hire vehicles in England and Wales outside London: savings), omit paragraph (b)(vehicles used only for carrying passengers for hire or reward under contract for hire for not less than 7 day period).
In the definition of “private hire vehicle” in section 1(1)(a) of the Private Hire Vehicles (London) Act 1998 (c. 34) (vehicle, other than a taxi or public service vehicle, seating fewer than nine passengers made available with a driver to the public for hire to carry passengers), omit “to the public”.
Miscellaneous
In section 112 of the Highways Act 1980 (c. 66) (provision of picnic sites and public conveniences for users of trunk roads)—
in subsection (1)(power to provide trunk road picnic areas), omit “that is not a special road”,
in subsection (3) (power to manage), after “picnic area” insert “ (including, in particular, by enforcing controls on parking there and recovering the costs of doing so) ”,
in subsection (4)(power to make arrangements for the provision of conveniences, facilities, meals or refreshments with anyone other than a council), omit “, other than a council,”, and
in subsection (5)(power to provide conveniences), omit “that is not a special road”.
The Road Traffic Act 1988 (c. 52) is amended as follows.
Section 41 (regulation of construction, weight, equipment and use of vehicles) is amended as follows.
In subsection (2), after paragraph (b) insert—.
After that subsection insert—
In section 66 (regulations prohibiting the grant of excise licences for certain vehicles except on compliance with certain conditions), after subsection (7) insert—
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In section 88(1) of the Road Traffic Act 1988 (c. 52) (exceptions to requirement to hold driving licence), after “any class” insert “ at any time ”.
In section 105(5) of that Act (regulations: “the relevant provisions of the Road Traffic Offenders Act 1988”), after “34” insert “ , 35 ”.
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In section 79(1) of that Act (statements by constables), for “54(3)” substitute “ 54(4) ”.
In section 90 of that Act (index of expressions)—
in the entry relating to the expression “conditional offer”, for “75(3)” substitute “ 75(5) ”, and
in the entry relating to “fixed penalty clerk”, for “75(4)” substitute “ 75(6) ”.
In Schedule 1 to that Act (offences to which certain sections apply), after the entry relating to section 94A of the Road Traffic Act 1988 insert—
Supplementary
Schedule 7 contains repeals and revocations (including repeals of some spent enactments).
The Secretary of State may by order make such amendments (including repeals and revocations) as may appear appropriate in consequence of any provision contained in this Act—before, or in the same Session as that in which, the provision comes into force.
in any enactment contained in an Act passed, and
in any instrument made,
An order under subsection (1) may include any appropriate transitional provisions or savings.
The power to make an order under subsection (1) is exercisable by statutory instrument.
No order shall be made under subsection (1) unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
The preceding provisions of this Act come into force on such day as the Secretary of State may by order made by statutory instrument appoint (but subject to subsections (7) to (10)).
Different days may be appointed for different purposes.
Any provision of this Act which alters any penalty for an offence has effect only in relation to offences committed after the coming into force of the provision.
Section 2B of the Road Traffic Act 1988 (c. 52) (inserted by section 20) has effect only in relation to driving occurring after the coming into force of that section; and section 3ZB of that Act (inserted by section 21) has effect only in relation to driving occurring after the coming into force of that section.
In relation to an offence under section 2B or 3ZB of the Road Traffic Act 1988 committed before 2 May 2022, the references in column 4 of Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) relating to offences under those sections have effect with the omission of the words “the general limit in a magistrates’ court (in England and Wales) or” and “(in Scotland)”.
The Secretary of State may by order made by statutory instrument make such transitional provisions and savings as he considers appropriate in connection with the coming into force of any provision of this Act.
The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—
section 1, and
section 49.
section 51(2) does not affect anything done or omitted to be done before that day, and
section 58(6) has effect only in relation to offences committed on or after that day.
Any power to make an order or regulations which is conferred by any provision of this Act may be exercised at any time after the passing of this Act.
Section 1 extends only to England and Wales.
Section 49(2) extends only to Northern Ireland.
This Act may be cited as the Road Safety Act 2006.
Giving of fixed penalty notices by vehicle examiners etc.
Road Traffic Offenders Act 1988 (c. 53)
Part 3 of the Road Traffic Offenders Act 1988 (fixed penalties) is amended as follows.
In section 52(3)(c) (fixed penalty notice must state to whom and where fixed penalty may be paid), for the words from the beginning to “to” substitute “ the person to ”.
Section 54 (notices on-the-spot or at a police station) is amended as follows.
In subsection (1), after “uniform” insert “ , or a vehicle examiner who produces his authority, ”.
In subsection (2), after “constable” insert “ or vehicle examiner ”.
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In the heading, for “or at a police station” substitute “ etc. ”
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In section 62(1) (fixing notices to vehicles), after “constable” insert “ or a vehicle examiner ”.
Section 63 (service of notice to owner if penalty not paid) is amended as follows.
In subsection (2), for “chief officer of police” substitute “ relevant person ”.
After that subsection insert—
In subsection (4)(c), for “chief officer of police by or on whose behalf the notice was served” substitute “ relevant person ”.
Section 66 (hired vehicles) is amended as follows.
In subsection (1)(c), for “chief officer of police by or on whose behalf the notice was served” substitute “ relevant person ”.
In subsection (5), for “chief officer of police” substitute “ person ”.
In subsection (8), after the definition of “hiring agreement” insert—.
In section 68(4) (meaning of “official form”), after “police” insert “ or the Secretary of State ”.
Section 69 (payment of fixed penalty) is amended as follows.
In subsection (1), for “Payment of a fixed penalty under this Part of this Act” substitute “ Where a fixed penalty notice has been given or fixed by a constable or authorised person under this Part of this Act, payment of the fixed penalty ”.
After that subsection insert—
In subsection (3), after “clerk” insert “ , or the Secretary of State, ”.
Section 70 (registration certificates) is amended as follows.
In subsection (2), for “chief officer of police” substitute “ relevant person ”.
After that subsection insert—
In subsection (3), for “fixed penalty clerk” substitute “ appropriate person ”.
After that subsection insert—
In subsection (4), for “the chief officer of police or the fixed penalty clerk” substitute “ a person ”.
Section 72 (notices on-the-spot or at a police station: when registration and endorsement invalid) is amended as follows.
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In the heading, for “or at a police station” substitute “ etc. ”
Section 73 (notices fixed to vehicles: when registration invalid) is amended as follows.
In subsection (4), for—substitute “ the relevant person ”.
“the chief officer of police”, and
“that chief officer of police”,
After that subsection insert—
In subsection (5), omit—
“by or on behalf of the chief officer of police”, and
“such”.
In subsection (7)—
omit “by or on behalf of the chief officer of police”, and
for “he” substitute “ the person by whom it is served ”.
Section 75 (issue of conditional offer) is amended as follows.
After subsection (1) insert—
After subsection (3A) insert—
In subsection (4), for “and (3)” substitute “ to (3B) ”.
In subsection (6), for “person issues a conditional offer” substitute “ conditional offer is issued by a person under subsection (1), (2) or (3) above ”.
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After subsection (11) insert—
Section 76 (effect of order and payment of penalty) is amended as follows.
In subsection (1), for “sent” substitute “ issued ”.
For subsections (2) to (5) substitute—
In subsection (6), for “(4)(b)” substitute “ (3)(a) ”.
In subsection (7), for—substitute “ the appropriate person ”.
“the fixed penalty clerk”, and
“that clerk”,
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In subsection (9), for “(2)(b)” substitute “ (5)(b) or (c) ”.
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Section 79 (statements by constables) is amended as follows.
In subsection (1)—
after “constable”, in the first place, insert “ or vehicle examiner ”,
for “constable's” substitute “ relevant ”, and
omit “constable or authorised”.
In subsection (2)—
for “constable's” substitute “ relevant ”, and
after “committed” insert “ or on behalf of the Secretary of State ”.
In subsections (4) and (5), for “constable's” substitute “ relevant ”.
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In section 80 (certificates about payment), for “fixed penalty clerk”, in both places, substitute “ person to whom it was required to be paid ”.
In section 82(1) (accounting for fixed penalties), after “paid” insert “ to the fixed penalty clerk ”.
Section 83 (powers of court where clerk deceived) is amended as follows.
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In the heading, for “where clerk deceived” substitute “ in cases of deception ”.
In section 84(1) (regulations), for “75(2) and (3) or 76(5) and (6)” substitute “ 75(1), (1A), (2), (3) or (3B) or 76(3)(c) or (4)(b) ”.
In section 89(1) (interpretation), after the definition of “proceedings” insert
Road Traffic (New Drivers) Act 1995 (c. 13)
The Road Traffic (New Drivers) Act 1995 is amended as follows.
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Section 3 (revocation of licences) is amended as follows.
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In subsection (2), for “subsection (1) or (1B)” substitute “ this section ”.
Schedule 1 (newly qualified drivers holding test certificates) is amended as follows.
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In paragraph 5—
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in sub-paragraph (2), for “sub-paragraph (1) or (1B)” substitute “ this paragraph ”.
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In paragraph 8—
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in sub-paragraph (2), for “sub-paragraph (1) or (1B)” substitute “ this paragraph ”.
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Endorsement: unlicensed and foreign drivers
Public Passenger Vehicles Act 1981 (c. 14)
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Road Traffic Offenders Act 1988 (c. 53)
The Road Traffic Offenders Act 1988 is amended as follows.
In section 28(3) (penalty points to be attributed to an offence), for “and 77(5)” substitute “ , 57A(6), 77(5) and 77A(8) ”.
In section 29(1)(b) (penalty points to be taken into account on conviction), after “him” insert “ or on his driving record ”.
In subsection (1)(b)—
after “licence” insert “ or his driving record ”, and
for “or 77” substitute “ , 57A, 77 or 77A ”.
In subsection (2)(b)—
after “licence” insert “ or on his driving record ”, and
for “or 77” substitute “ , 57A, 77 or 77A ”.
Section 31 (court may take particulars endorsed on licence into consideration) is amended as follows.
For subsection (1) substitute—
In the heading, omit “on licence”.
In section 36 (disqualification until test passed), after subsection (10) insert—
Section 42 (removal of disqualification) is amended as follows.
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After that subsection insert—
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After that section insert—
Section 46 (combination of disqualification and endorsement with certain other orders) is amended as follows.
In subsection (1), for “or 44” substitute “ , 44 or 44A ”.
In subsection (2)(b), insert at the end “ or on his driving record ”.
In subsection (3), for “and 45” substitute “ , 45 and 45A ”.
Section 47 (supplementary provisions as to disqualification and endorsements) is amended as follows.
In subsection (3), after “licence” insert “ or a driving record ”.
After that subsection insert—
In section 48(1)(b) and (2)(b) (exemption from disqualification and endorsement for certain construction and use offences), after “him” insert “ or on his driving record ”.
Section 54 (notices on-the-spot etc.) is amended as follows.
In subsection (2), for “subsection (3) below” substitute “ the following provisions of this section ”.
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In subsection (10), for “subsections (3)(b) and (5)(a) above” substitute “ this section ”.
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After that section insert—
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After that section insert—
In section 69(4) (payment of penalty), for “77” substitute “ 77A ”.
In section 70(4) (registration certificates), after paragraph (b) insert
An order under section 61 may provide that sub-paragraph (1) is to come into force only in relation to an area specified in the order.
If such an order provides that sub-paragraph (1) is to come into force only in relation to an area specified in the order, it may also provide that (unless continued in force by a subsequent order) sub-paragraph (1) is to remain in force there only for a period specified in the order.
Section 71 (registration of sums payable in default) is amended as follows.
In subsection (1), after paragraph (a) insert “ or ” and after paragraph (c) insert
In subsection (2), after paragraph (a) insert “ or ” and after paragraph (c) insert
An order under section 61 may provide that sub-paragraphs (1) to (3) are to come into force only in relation to an area specified in the order.
If such an order provides that sub-paragraphs (1) to (3) are to come into force only in relation to an area specified in the order, it may also provide that (unless continued in force by a subsequent order) sub-paragraphs (1) to (3) are to remain in force there only for a period specified in the order.
Section 72 (notices on-the-spot etc.: when registration and endorsement invalid) is amended as follows.
After subsection (4) insert—
In subsection (5)(a), after “57” insert “ or 57A ”.
After subsection (6) insert—
Section 75 (issue of conditional offer) is amended as follows.
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After subsection (8) insert—
In subsection (9)—
for “condition” substitute “ conditions ”, and
after “(8)(b)” insert “ and (8A)(b) ”.
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Section 76 (effect of offer and payment of penalty) is amended as follows.
In subsection (3)—
in paragraph (a), after “counterpart” insert “ or (where the alleged offender is not the holder of a licence) accessing information held on his driving record ”, and
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After that section insert—
Section 83 (powers of court in cases of deception) is amended as follows.
After subsection (1) insert—
In subsection (2)—
in paragraph (a), for “licence holder” substitute “ person to whom the fixed penalty notice was given or conditional offer was issued ”,
in paragraph (b), for “the licence holder” substitute “ he ”,
after “57” insert “ or 57A ”, and
after “77” insert “ or 77A ”.
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After section 84 insert—
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Child Support Act 1991 (c. 48)
In section 40B(9) of the Child Support Act 1991 (disqualification from driving: further provision), for “the driving” substitute “ any driving ”.
Endorsement: all drivers
Public Passenger Vehicles Act 1981 (c. 14)
Section 24 of the Public Passenger Vehicles Act 1981 (regulation of conduct of drivers, inspectors and conductors) (as amended by Schedule 2) is amended as follows.
In subsection (2), for the words from “cause particulars” to the end substitute “ send notice of the particulars of the conviction to the Secretary of State requiring the Secretary of State to endorse them on the person's driving record (within the meaning of section 97A of the Road Traffic Offenders Act 1988) ”.
Omit subsection (3).
Road Traffic Act 1988 (c. 52)
The Road Traffic Act 1988 is amended as follows.
In section 88(6) (requirement for driving licence: exceptions), omit “, counterparts of licences”.
In section 92(7ZB)(a) and (7C) (requirements as to physical fitness of drivers), omit “and its counterpart”.
Section 93 (revocation of licence because of disability or prospective disability) is amended as follows.
In subsections (2)(b) and (3), omit “and its counterpart”.
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Section 97 (grant of licences) is amended as follows.
In subsection (1)(c)—
in sub-paragraph (i), omit “and its counterpart”,
in sub-paragraph (ia), omit the words from “together” to the end, and
in sub-paragraph (ii), omit “and its counterpart (if any) issued to him”.
In subsection (1AA), omit—
“together with the counterparts mentioned in that sub-paragraph”, and
“and its Northern Ireland counterpart”.
In section 98(1)(c) (form of licence), omit “or its counterpart”.
Section 98A (compulsory surrender of old-form licences) (inserted by section 29) is amended as follows.
In subsection (1), omit “and their counterparts”.
In subsection (3), omit “(and their counterparts)”.
In subsection (4), omit “(with its counterpart)”.
In subsection (7), omit “and its counterpart”.
Section 99 (duration of licences) is amended as follows.
In subsection (2A), omit “and its counterpart”.
In subsection (3)—
omit paragraph (aa),
in paragraph (b), omit “or in its counterpart”, and
omit “and its counterpart”.
In subsection (3ZA), omit “and its counterpart”.
In subsection (4), omit “and its counterpart”.
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In subsection (7), omit “and its counterpart”.
In subsection (7ZZA)—
omit “and its counterpart” in both places, and
omit “and counterpart”in both places.
In subsection (7ZA) (inserted by section 30), omit “and its counterpart”.
In section 99A (authorisation to drive in Great Britain), omit subsections (5) and (6).
Section 99B (information about resident Community licence holders) is amended as follows.
Omit subsection (3).
In subsection (4), for “subsections (1) and (3)” substitute “ subsection (1) ”.
In subsection (5), for “a Community licence delivered to him (whether or not in pursuance of this section) in such manner as he may determine” substitute “ the driving record of a person who delivers to him a Community licence (whether or not in pursuance of this section) ”.
Omit subsection (6).
For subsection (7) substitute—
Omit subsection (8).
In subsection (9), after “endorse the Community licence” insert “ and that person's driving record ”.
In subsection (11)(b), omit “(6) or”.
Omit subsection (12).
Section 99C (revocation of authorisation conferred by Community licence because of disability or prospective disability) is amended as follows.
In subsections (1) to (4), omit “and its counterpart (if any)” in each place.
Omit subsection (5).
Section 105 (regulations) is amended as follows.
In subsection (2)—
in paragraph (a), for “Community licences and counterparts of such licences” substitute “ and Community licences ”,
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in paragraph (e), omit “and counterparts of licences” and “or counterparts of licences”, and
omit paragraph (ea).
In subsection (5), for “and 91ZA to 91B” substitute “ , 91ZA and 91A ”.
In section 108 (interpretation), omit the definition of “counterpart”.
In section 109 (provisions as to Northern Ireland drivers' licences), for subsection (2) substitute—
Section 109A (counterparts issued to Northern Ireland licence holders) is amended as follows.
For subsections (1) and (2) substitute—
For subsections (4) and (5) substitute—
In the heading, for “Counterparts issued to” substitute “ Information about ”.
Section 109B (revocation of authorisation conferred by Northern Ireland licence because of disability or prospective disability) is amended as follows.
In subsection (1), omit the words from “together” to the end.
In subsection (2)—
in paragraph (a), omit “together with the relevant counterparts”, and
in paragraph (b), omit “and those counterparts”.
In subsection (4), omit “and the relevant counterparts”.
Omit subsection (5).
In section 115A(1) (community licence holders: cessation of authorisation), omit “and its counterpart (if any)”.
In section 117A (community licences: disqualification, etc.), omit “and its counterpart (if any)” in both places.
Section 118 (revoked or suspended licences: surrender, return and endorsement) is amended as follows.
In subsection (1), omit “and its counterpart”.
For subsection (2) substitute—
In subsection (4), omit “and its counterpart”.
Omit subsection (5).
In section 121 (interpretation), omit the definition of “counterpart”.
In section 122(3) (provisions as to Northern Ireland licences)—
for “and its counterpart are” substitute “ is ”, and
for “them” substitute “ it ”.
In section 125A(8) (registration of disabled persons), in paragraph (c) of the definition of “disabled person's limited driving licence”, omit “and a counterpart of that licence”.
In section 141A(5) (interpretation of Part 5) (as substituted by Schedule 6), omit “and “counterpart”, in relation to a Community licence”.
In section 142 (index to Part 5) (as substituted by Schedule 6), omit “and counterpart”.
Section 164 (power of constables to require production of driving licence and in certain cases statement of date of birth) is amended as follows.
Omit “and its counterpart” in each place.
In subsection (1), for “they were” substitute “ it was ”.
In subsection (3)—
for “their” substitute “ its ”, and
for “them”, in both places, substitute “ it ”.
In subsection (5)—
for “them”, in each place, substitute “ it ”, and
for “their” substitute “ its ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In subsection (8)—
for “them”, in each place, substitute “ it ”, and
for “their” substitute “ its ”.
In subsection (11), omit the reference to “counterpart”.
In section 167(a) (power of arrest in Scotland for reckless or careless driving or cycling), for the words from “and the counterpart” to the end substitute “ or, as the case may be, his Northern Ireland licence or Community licence within the meaning of that Part. ”
Section 173 (forgery of documents etc.) is amended as follows.
In subsection (2)—
in paragraph (a), omit the words from “or” to the end, and
omit paragraph (aa).
In subsection (4), omit “ “counterpart”,”.
In section 176 (power to seize articles), omit subsections (1A), (3A) and (8).
Road Traffic Offenders Act 1988 (c. 53)
The Road Traffic Offenders Act 1988 (as amended by Schedule 2) is amended as follows.
In section 7(1) (duty of accused to provide licence), omit the words from “and the foregoing” to the end.
Section 26 (interim disqualification) is amended as follows.
In subsection (7)—
in paragraph (a), omit “and its counterpart”, and
in paragraph (b), omit “and counterpart” and for “them” substitute “ it ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Omit subsection (14).
Section 27 (production of licence) is amended as follows.
Omit “and its counterpart” in each place.
In subsection (1), for “them” substitute “ it ”.
In subsection (3)(b), for “are produced” substitute “ is produced ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 28(3) (penalty points to be attributed to an offence), for “57(5), 57A(6), 77(5)” substitute “ 57A(6) ”.
Section 29 (penalty points to be taken into account on conviction) is amended as follows.
In subsection (1)(b), omit “the counterpart of any licence held by him or on”.
Omit subsection (3).
In subsection (1)(b)—
omit “the counterpart of his licence or”, and
for “57, 57A, 77” substitute “ 57A ”.
In subsection (2)(b)—
omit “on the counterpart of his licence or”, and
for “57, 57A, 77” substitute “ 57A ”.
In section 31(1) (court may take particulars endorsed into consideration), omit “the counterpart of his licence or on”.
Omit section 32 (in Scotland court may take extract from licensing records into account).
In section 36 (disqualification until test passed), omit subsection (10).
Section 42 (removal of disqualification) is amended as follows.
In subsection (5), for paragraph (a) substitute—.
Omit subsection (5A).
In subsection (5AA), for “(5)(a)(ii)” substitute “ (5)(a) ”.
In subsection (5B), for “(5)(a)(ii) or (5A)” substitute “ (5)(a) ”.
Omit section 45 (effect of endorsement of counterparts).
In section 45A (effect of endorsement of driving records), for subsections (3) to (5) substitute—
In section 46(2)(b) (combination of disqualification and endorsement with probation orders and orders for discharge), omit “the counterpart of any licence held by him or on”.
Section 47 (supplementary provisions as to disqualifications and endorsements) is amended as follows.
For subsection (2) substitute—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In subsection (3), omit “a licence or”.
In subsection (3A), omit “in relation to a person who is not the holder of a licence,”.
In subsection (4), omit “and the counterpart of a licence”.
Section 48 (exemption from disqualification and endorsement for certain construction and use offences) is amended as follows.
In subsections (1) and (2), omit “the counterpart of any licence held by him or on”.
Omit subsection (3).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Omit section 58 (effect of endorsement of counterpart without hearing).
Omit section 61 (fixed penalty notice mistakenly given to licence holder: exclusion of fixed penalty procedures).
Section 61A (fixed penalty notice mistakenly given to unlicensed person: exclusion of fixed penalty procedures) is amended as follows.
In subsection (1), omit “but who is not the holder of a licence,”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In the heading, omit “to unlicensed person”.
Section 72 (notices on-the-spot etc.: when registration and endorsement invalid) is amended as follows.
Omit subsection (4).
In subsection (5), omit “57 or”.
Omit subsection (6).
Section 75 (issue of conditional offer) is amended as follows.
In subsections (5) and (6), for “, 77 and 77A”, substitute “ and 77A ”.
Omit subsection (8).
In subsection (8A)—
omit “who is not the holder of a licence”, and
in paragraph (a), for the words after “offender” substitute—.
In subsection (11A), for “, 77 and 77A”, substitute “ and 77A ”.
Omit subsection (12).
Section 76 (effect of offer and payment of penalty) is amended as follows.
In subsection (3)—
in paragraph (a), omit “inspecting the licence and its counterpart or (where the alleged offender is not the holder of a licence)” and for “his” substitute “ the alleged offender's ”, and
in paragraph (b), omit “and its counterpart”.
In subsection (4), for “75(8)(a) or (8A)(a)” substitute “ 75(8A)(a) ”.
Omit subsection (8).
Omit section 77 (endorsement of counterparts where penalty paid).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 83 (powers of court in cases of deception) is amended as follows.
Omit subsection (1).
In subsection (1A), omit “also”.
In subsection (2), omit—
“57 or”, and
“77 or”.
In section 84(1)(a) (regulations), for “54(4) or (5C)” substitute “ 54(5) ”.
Section 91ZA (application to Northern Ireland licence holders) is amended as follows.
In subsection (1)—
in paragraph (b), omit “and (9)(b)”,
omit paragraphs (d) to (f),
omit paragraphs (h) to (j),
in paragraph (k), omit “, (3) and (3A)”, and
omit paragraph (l).
Omit subsections (3) to (6).
In subsection (7)—
omit “and its counterpart (if any)”, and
for “their” substitute “ its ”.
In subsection (8), omit “and its counterpart”.
In subsection (9)—
in paragraph (a), for “subsection (5) above” substitute “ section 44A above of an order for the endorsement of a person's driving record ”, and
in paragraph (b)(i), after “licence” insert “ , or a person normally resident in Northern Ireland who does not hold a licence, ”.
Omit section 91ZB (effect of endorsement on Northern Ireland licence holders).
Section 91A (application to Community licence holders) is amended as follows.
In subsection (1), for the words from “27” to “48(1) and (2)” substitute “ and 32 ”.
Omit subsections (2) to (4).
In subsection (5)—
omit “and its counterpart (if any)”, and
for “their” substitute “ its ”.
Omit subsection (6).
For subsection (7) substitute—
Omit subsections (8) to (10).
Omit section 91B (effect of endorsement on Community licence holders).
In section 98(1) (interpretation)—
in the definition of “the provisions connected with the licensing of drivers”, for “91ZA to 91B” substitute “ 91ZA, 91A ”, and
in the words following the definition of “the Traffic Acts”, omit “counterpart”,”.
In the entries relating to sections 98A(7) and 99(5) of the Road Traffic Act 1988 (c. 52), omit “and counterpart”.
In the entry relating to section 164(6) of that Act, omit “and counterpart etc.”.
Part 1 of Schedule 2 (prosecution and punishment of offences: offences under the Traffic Acts) is amended as follows.
In the entries relating to the following provisions, omit “and counterpart”—
section 92(7C) of the Road Traffic Act 1988,
section 93(3) of that Act,
section 98A(7) of that Act,
section 99(5) of that Act,
section 118 of that Act,
section 26 of the Road Traffic Offenders Act 1988 (c. 53), and
section 27 of that Act.
In the entry relating to section 164 of the Road Traffic Act 1988, omit “or counterpart etc.”.
In the entry relating to section 173 of that Act, omit “counterparts of Community licences,”.
In Schedule 5 (Scotland: additional offences open to conditional offer), in the entry relating to section 99(5) of the Road Traffic Act 1988, omit—
“and its counterpart”, and
“and counterpart”.
Child Support Act 1991 (c. 48)
Section 40B of the Child Support Act 1991 (disqualification from driving: further provision) is amended as follows.
In subsection (4), omit the words from “and” to the end.
In subsection (9)—
omit “and its counterpart”, and
for “their” substitute “ its ”.
Road Traffic (New Drivers) Act 1995 (c. 13)
The Road Traffic (New Drivers) Act 1995 is amended as follows.
Section 2 (surrender of licences) is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In subsection (3)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in paragraph (f)—
before “endorsed” insert “ to be ”, and
for “counterpart of the licence” substitute “ person's driving record ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 9(5) (interpretation etc.), omit “and its counterpart” in both places.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Crime (International Co-operation) Act 2003 (c. 32)
The Crime (International Co-operation) Act 2003 is amended as follows.
Section 63 (production of licence: Great Britain) is amended as follows.
Omit “and its counterpart” in each place.
In subsections (3)(b) and (4)(b), for “them” substitute “ it ”.
In subsection (7), omit the second sentence.
Section 64 (production of licence: Northern Ireland) is amended as follows.
Omit “and its counterpart” in each place.
In subsections (3)(b) and (4)(b), for “them” substitute “ it ”.
In subsection (7), omit the second sentence.
Section 68 (endorsement of licence: Great Britain) is amended as follows.
For subsections (2) to (5) substitute—
For subsection (7) substitute—
Section 69 (endorsement of licence: Northern Ireland) is amended as follows.
For subsections (2) to (5) substitute—
For subsection (7) substitute—
In section 74(1) (interpretation), omit the definition of “counterpart”.
Criminal Justice Act 2003 (c. 44)
Section 301 of the Criminal Justice Act 2003 (fine defaulters: driving disqualification) is amended as follows.
In subsection (6)—
in paragraph (a), omit “together with its counterpart”, and
in paragraph (b), omit “and its counterpart (if any)”.
In subsection (7), omit the definition of “counterpart”.
Prohibition on driving: immobilisation, removal and disposal of vehicles
Cases to which regulations may apply
The Secretary of State may make regulations with respect to any case where, on or after such date as may be prescribed, the driving of a vehicle has been prohibited under—
section 99A(1) of the Transport Act 1968 (c. 73) (powers to prohibit driving of vehicles in connection with contravention of provisions about drivers' hours),
section 1 of the Road Traffic (Foreign Vehicles) Act 1972 (c. 27) (powers to prohibit driving of foreign goods vehicles and foreign public service vehicles),
section 69 or 70 of the Road Traffic Act 1988 (c. 52) (powers to prohibit driving of unfit or overloaded vehicles), or
section 90D of the Road Traffic Offenders Act 1988 (c. 53) (power to prohibit driving of vehicle on failure to make payment in compliance with financial penalty deposit requirement).
Immobilisation
The regulations may provide that an authorised person or a person acting under his direction may—
fix an immobilisation device to the vehicle, and
move the vehicle, or direct it to be moved, for the purpose of enabling an immobilisation device to be fitted it.
The regulations may provide that on any occasion when an immobilisation device is fixed to a vehicle in accordance with the regulations the person fixing the device must also fix to the vehicle a notice—
indicating that the device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion until it has been released from the device,
specifying the steps to be taken to secure its release, and
giving such other information as may be prescribed.
The regulations may provide that a vehicle to which an immobilisation device has been fixed in accordance with the regulations—
may only be released from the device by or under the direction of an authorised person, but
subject to that, must be released from the device if the first and second requirements specified below are met.
The first requirement is that such charge in respect of the release as may be prescribed is paid in any manner specified in the immobilisation notice.
The second requirement is that, in accordance with instructions specified in the immobilisation notice, there is produced such evidence as may be prescribed establishing that the prohibition has been removed.
The regulations may provide that they do not apply in relation to a vehicle if—and “disabled person's badge” means a badge issued, or having effect as if issued, under any regulations for the time being in force under section 21 of the Chronically Sick and Disabled Persons Act 1970 (c. 44).
a current disabled person's badge is displayed on the vehicle, or
such other conditions as may be prescribed are fulfilled,
The regulations may provide that an immobilisation notice is not to be removed or interfered with except by or on the authority of a person falling within a prescribed description.
Offences connected with immobilisation etc.
The regulations may provide that a person who fails to comply within a reasonable time with a direction under provision made under paragraph 2(1)(b) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
The regulations may provide that a person contravening provision made under paragraph 2(7) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
The regulations may provide that a person who, without being authorised to do so in accordance with provision made under paragraph 2, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
The regulations may provide that where they would otherwise have applied in relation to a vehicle but for provision made under paragraph 2(6)(a) and the vehicle was not, at the time at which they would otherwise have applied, being used—the person in charge of the vehicle at that time is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
in accordance with regulations under section 21 of the Chronically Sick and Disabled Persons Act 1970 (c. 44), and
in circumstances falling within section 117(1)(b) of the Road Traffic Regulation Act 1984 (c. 27) (use where a disabled person's concession would be available),
The regulations may provide that where—he is guilty of an offence.
a person makes a declaration with a view to securing the release of a vehicle from an immobilisation device purported to have been fixed in accordance with the regulations,
the declaration is that the prohibition has been removed, and
the declaration is to the person's knowledge either false or in any material respect misleading,
The regulations may provide that a person guilty of an offence for which provision is made under sub-paragraph (5) is liable—
on summary conviction, to a fine not exceeding the statutory maximum, or
on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or both.
Removal and disposal of vehicles
The regulations may provide that where such conditions as may be prescribed are fulfilled an authorised person, or a person acting under his direction, may remove the vehicle or direct it to be removed.
The regulations may provide that where such conditions as may be prescribed are fulfilled an authorised person, or a person acting under his direction, may deliver the vehicle, or direct it to be delivered, into the custody of a person—and the arrangements may include provision as to the payment of a sum to the person into whose custody the vehicle is delivered.
who is identified in accordance with prescribed rules, and
who agrees to accept delivery in accordance with arrangements agreed between that person and the Secretary of State,
The regulations may make provision for such persons as may be prescribed to be informed that a vehicle has been removed and delivered into a person's custody and may, in particular, include provision requiring—
the publication by an authorised person of such notices as may be prescribed, and
the giving of notice by an authorised person to such persons as may be prescribed.
The regulations may provide that the person into whose custody the vehicle is delivered may dispose of it, and may in particular make provision as to—
the time at which the vehicle may be disposed of, and
the manner in which it may be disposed of.
The regulations may make provision allowing a person to take possession of the vehicle if—
he claims it before it is disposed of, and
any prescribed conditions are fulfilled.
The regulations may provide for a sum of an amount arrived at under prescribed rules to be paid to a person if—
he claims after the vehicle's disposal to be or to have been its owner or to have been the person in charge of the vehicle when it was removed,
the claim is made within a prescribed time of the disposal, and
any other prescribed conditions are fulfilled.
The regulations may provide that (whether or not a claim is made under provision made under sub-paragraph (5) or (6))—may recover from the vehicle's owner or the person in charge of the vehicle such charges as may be prescribed in respect of all or any of its release, removal, custody and disposal.
the Secretary of State, or
a person into whose custody the vehicle is delivered under the regulations,
In sub-paragraph (7) “person in charge” and “owner”, in relation to a vehicle, means the person who was in charge of the vehicle or was the vehicle's owner when it was removed.
The conditions prescribed under sub-paragraph (5) may include conditions as to—
satisfying the person with custody that the claimant is the vehicle's owner or was the person in charge of the vehicle when it was removed,
the payment of prescribed charges in respect of the vehicle's release, removal and custody, and
the production of such evidence as may be prescribed establishing that the prohibition has been removed.
The regulations may in particular include provision for purposes corresponding to those of sections 101 and 102 of the Road Traffic Regulation Act 1984 (c. 27) (disposal and charges) subject to such additions, omissions or other modifications as the Secretary of State thinks fit.
Offences as to securing possession of vehicles
The regulations may provide that a person who fails to comply within a reasonable time with a direction under provision made under sub-paragraph (1) or (2) of paragraph 4 is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
The regulations may provide that where—he is guilty of an offence.
a person makes a declaration with a view to securing possession of a vehicle purported to have been delivered into the custody of a person in accordance with provision made under paragraph 4,
the declaration is that the prohibition has been removed, and
the declaration is to the person's knowledge either false or in any material respect misleading,
The regulations may provide that a person guilty of an offence for which provision is made under sub-paragraph (2) is liable—
on summary conviction, to a fine not exceeding the statutory maximum, or
on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or both.
Disputes
The regulations may make provision about the proceedings to be followed where a dispute occurs as a result of the regulations, and may in particular make provision—
for an application to be made to a magistrates' court or (in Scotland) to the sheriff, or
for a court to order a sum to be paid by the Secretary of State.
Authorised persons
As regards anything falling to be done under the regulations (such as receiving payment of a charge or other sum) the regulations may provide that it may be done—
by an authorised person, or
by an authorised person or a person acting under his direction.
Application of Road Traffic Offenders Act 1988 (c. 53)
The regulations may make provision for the application of any or all of sections 1, 6, 11 and 12(1) of the Road Traffic Offenders Act 1988 to an offence for which provision is made by the regulations.
Interpretation
References in this Schedule to a vehicle include references to any trailer drawn by the vehicle.
This paragraph makes provision about the meaning of “authorised person” for the purposes of this Schedule.
Where the driving of the vehicle has been prohibited under section 99A(1) of the Transport Act 1968 (c. 73), section 1(2) of the Road Traffic (Foreign Vehicles) Act 1972 (c. 27) or section 69 of the Road Traffic Act 1988 (c. 52), “authorised person” means—
an examiner appointed by the Secretary of State under section 66A of the Road Traffic Act 1988, or
a constable authorised by or on behalf of a chief officer of police to act for the purposes of the provision under which the driving of the vehicle has been prohibited.
Where the driving of the vehicle has been prohibited under section 1(3) of the Road Traffic (Foreign Vehicles) Act 1972 (c. 27), “authorised person” means a person authorised to exercise the powers of section 78 of the Road Traffic Act 1988 (c. 52) with respect to the weighing of motor vehicles and trailers.
Where the driving of the vehicle has been prohibited under section 70 of the Road Traffic Act 1988, “authorised person” means a person mentioned in sub-paragraph (2) or a person authorised with the consent of the Secretary of State to act for the purposes of subsection (1) of that section by—
a highway authority other than the Secretary of State, or
a local roads authority in Scotland.
Where the driving of the vehicle has been prohibited under section 90D of the Road Traffic Offenders Act 1988 (c. 53), “authorised person” means—
an examiner appointed by the Secretary of State under section 66A of the Road Traffic Act 1988, or
a constable.
In this Schedule—
references to an immobilisation device are to a device or appliance which is an immobilisation device for the purposes of section 104 of the Road Traffic Regulation Act 1984 (c. 27) (immobilisation of vehicles illegally parked), and
references to an immobilisation notice are to a notice fixed to a vehicle in accordance with the regulations.
In this Schedule “prescribed” means prescribed by the regulations.
The regulations may make provision as to the meaning for the purposes of the regulations of “owner” as regards a vehicle.
In particular, the regulations may provide that for the purposes of the regulations the owner of a vehicle is taken to be the person in whose name it is then registered under the Vehicle Excise and Registration Act 1994 (c. 22).
Supplementary provisions about regulations
The power to make regulations under this Schedule is exercisable by statutory instrument.
A statutory instrument containing regulations under this Schedule is subject to annulment in pursuance of a resolution of either House of Parliament.
New Schedule 2A to the Road Traffic Act 1988
The Schedule inserted after Schedule 2 to the Road Traffic Act 1988 is as follows—
Driving instruction
Road Traffic Act 1988 (c. 52)
The Road Traffic Act 1988 is amended as follows.
For section 123 (instruction in the driving of motor cars to be given only by registered or licensed person) and the heading before it substitute—
For section 124 (exemption of police instructors) substitute—
For section 125 (register of approved instructors) substitute—
After that section insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For section 126 (duration of registration) substitute—
Section 127 (extension of duration of registration) is amended as follows.
For subsections (1) to (4) substitute—
In subsection (7), after “application” insert “ under subsection (1) above ”.
In subsection (7A), for “A decision to refuse” substitute “ The termination of a person's registration on a decision to refuse such ”.
In subsection (8), for “decision shall” substitute “ termination of registration shall ”.
For section 128 (removal of names from register) substitute—
After that section insert—
Omit sections 129 and 130 (licences for giving instruction so as to obtain practical experience) and the heading before them.
Section 131 (appeals) is amended as follows.
Before subsection (1), insert—
In subsection (1), for paragraphs (a) to (c) substitute—.
Omit subsection (2).
In subsection (3), for “the appeal” substitute“an appeal under subsection (1).”
In subsection (3), for paragraph (b) and the word “or” before it substitute—.
In subsection (4), for the words from the beginning to the end of paragraph (b) substitute “ An order for refusal or termination under subsection (3)(a) or (b) above may direct that an application by the appellant to be registered ”.
In subsection (4B), for “, 128(7) or 130(6)” substitute “ or 128(8) ”.
In subsection (4D)—
for “retention of a name in the register, to remove a name from the register or to revoke a licence granted under section 129 of this Act” substitute “ extension of a person's registration or to terminate a person's registration ”, and
for “, 128(7) or 130(6)” substitute “ or 128(8) ”.
In subsection (4F), for “instruction in the driving of a motor car” substitute “ driving instruction ”.
For sections 132 and 133 and the heading before them substitute—
In section 133A (assessment of disabled person's ability to control a motor car in an emergency), for “car” in each place (including in the heading) substitute “ vehicle ”.
Section 133B (further assessments) is amended as follows.
In subsection (1), for “125B(6)(a)” substitute “ 125A(7A)(c) ”.
In subsection (2), for “whose name is not on the register” substitute “ who is not registered ”.
In subsection (4)(b), for “car” substitute “ vehicle ”.
Section 133C (duty to disclose further disability) is amended as follows.
Omit subsection (1).
In subsection (2), for “person to whom this section applies” substitute “ registered disabled instructor ”.
Section 133D (offences relating to giving by disabled person of paid driving instruction) is amended as follows.
Omit subsection (1).
For “car” in each place substitute “ vehicle ”.
In subsections (2) and (3), for “person to whom this section applies” substitute “ registered disabled instructor ”.
For subsection (4) substitute—
For section 134 (power to alter conditions for entry or retention in, and removal from, register etc.) substitute—
For section 135 substitute—
In section 136 (surrender of certificates)—
for paragraphs (a) and (b) substitute “ the registration of a person to whom a certificate or other item prescribed under section 135(1)(a) of this Act has been issued is terminated, ”,
for “licence, as the case may be,” substitute “ other item ”, and
in the heading for “and licences” substitute “ etc. ”.
Section 137 (production of certificates to constables and authorised persons) is amended as follows.
In subsection (1)—
after “a certificate” insert “ or other item ”,
omit “, or to whom a licence under this Part of this Act is granted,”, and
for “or licence” substitute “ or other item ”.
In subsection (2), for the words before “constable” substitute.
In that subsection, for “issued to him or the licence” substitute “ or other item issued to him ”.
In subsection (3), for “document” substitute “ certificate or other item ”.
In subsection (4), for “document”, in each place, substitute “ certificate or other item ”.
In the heading for “and licences” substitute “ etc. ”.
Section 140 (receipts) is to be renumbered as subsection (3) of that section.
Before that subsection insert—
For the heading substitute “ Fees ”.
Section 141 (regulations) is to be renumbered as subsection (1) of that section.
In that subsection, after “by regulations” insert “ and for prescribing anything which may be prescribed under this Part of this Act ”.
After that subsection insert—
For section 141A (meaning of “motor car”) substitute—
For section 142 substitute—
In section 173(2) (forgery of documents etc.), for paragraph (g) substitute—.
In section 174(1) (false statements), after paragraph (d) insert—.
In section 183 (application to Crown), after subsection (6) insert—
In section 195(2) (duty to consult before making regulations under any provision other than section 8(3) and Part 5), omit “or Part 5”.
Road Traffic Offenders Act 1988 (c. 53)
The Road Traffic Offenders Act 1988 is amended as follows.
Section 18 (evidence by certificate as to registration of driving instructors and licences to give instruction) is amended as follows.
In subsection (1), for paragraphs (a) to (d) substitute—.
In subsection (3), for the words from “ “current” to “ “register”” substitute “ “ Registrar ”, “ registered ” and “ registration ””.
In the heading, for “of driving instructors and licences to give instruction” substitute “ etc. of driving instructors etc. ”.
Part 1 of Schedule 2 (prosecution and punishment of offences: offences under the Traffic Acts) is amended as follows.
In the entry relating to section 123(4) of the Road Traffic Act 1988 (c. 52)—
in column 1, for “123(4)” substitute “ 123A(1) and (2) ”, and
in column 2, for “by unregistered and unlicensed persons or their employers” substitute “ , and carrying on of business in provision of driving instruction, by unregistered persons ”.
In the entry relating to section 123(6) of that Act—
in column 1, for “123(6)” substitute “ 123A(4) ”, and
in column 2, for “without there being exhibited on the motor car a certificate of registration or a licence under RTA Part 5” substitute “ , and carrying on of business in provision of driving instruction, without prescribed requirements relating to displaying of evidence of registration under RTA Part 5 being complied with ”.
In the entry relating to section 133C(4) of that Act, in column 2, omit “or licensed”.
In the entry relating to section 133D of that Act, in column 2, omit “or their employers”.
In the entry relating to section 135 of that Act, for the words in column 2 substitute “ Misuse of evidence of registration etc. ”.
In the entries relating to sections 136 and 137 of that Act, in column 2, for “or licence” substitute “ etc. ”.
Repeals and revocations
In section 54(5), the words “he surrenders”.
In section 61(2), the words “fixed penalty clerk must not endorse the”.
In section 66(8), the word “and” after the definition of “hiring agreement”.
In section 73, in subsection (5), the words “by or on behalf of the chief officer of police” and the word “such” and, in subsection (7), the words “by or on behalf of the chief officer of police”.
In section 79(1), the words “constable or authorised”.
In section 89(1), the word “and” before the definition of “proceedings”.
Section 69(3).
Section 109.
In the heading of section 31, the words “on licence”.
In section 45(1), the words “, whether he is at the time the holder of a licence or not,”.
In section 70(4), the word “and” at the end of paragraph (a).
In Schedule 2, paragraphs 6 and 9.
In Schedule 3, paragraph 3(2)(b).
In section 88(6), the words “, counterparts of licences”.
In section 92(7ZB)(a) and (7C), the words “and its counterpart”.
In section 93—in subsections (2)(b) and (3), the words “and its counterpart”, and in subsection (4)(a), the words “or its counterpart”.
In section 97—in sub-paragraph (i) of paragraph (c) of subsection (1), the words “and its counterpart”, in sub-paragraph (ia) of that paragraph, the words from “together” to the end, in sub-paragraph (ii) of that paragraph, the words “and its counterpart (if any) issued to him”, and in subsection (1AA), the words “together with the counterparts mentioned in that sub-paragraph” and the words “and its Northern Ireland counterpart”.
In section 98(1)(c), the words “or its counterpart”.
In section 98A—in subsection (1), the words “and their counterparts”, in subsection (3), the words “(and their counterparts)”, in subsection (4), the words “(with its counterpart)”, and in subsection (7), the words “and its counterpart”.
In section 99—in subsection (2A), the words “and its counterpart”, in subsection (3), paragraph (aa), in paragraph (b), the words “or in its counterpart” and the words “and its counterpart”, in subsection (4), the words “and its counterpart”, in subsection (6), the words “and its counterpart” in both places, and in subsections (7) and (7ZA), the words “and its counterpart”.
Section 99A(5) and (6).
Section 99B—subsections (3), (6) and (8), in subsection (11)(b), the words “(6) or”, and subsection (12).
In section 99C—in subsections (1) to (4), the words “and its counterpart (if any)” in each place, and subsection (5).
In section 105(2)—sub-paragraph (iii) of paragraph (b) and the word “or” before it, in paragraph (e), the words “and counterparts of licences” and the words “or counterparts of licences”, and paragraph (ea).
In section 108, the definition of “counterpart”.
In section 109B—in subsection (1), the words from “together” to the end, in subsection (2), in paragraph (a), the words “together with the relevant counterparts” and, in paragraph (b), the words “and those counterparts”, in subsection (4), the words “and the relevant counterparts”, and subsection (5).
In section 115A(1), the words “and its counterpart (if any)”.
In section 117A, the words “and its counterpart (if any)” in both places.
In section 118—in subsection (1), the words “and its counterpart”, in subsection (4), the words “and its counterpart”, and subsection (5).
In section 121, the definition of “counterpart”.
In section 125A(8), in paragraph (c) of the definition of “disabled person's limited driving licence”, the words “and a counterpart of that licence”.
In section 141A(5), the words “and “counterpart”, in relation to a Community licence”.
In section 142, the words “and counterpart”.
In section 164—the words “and its counterpart” in each place, and in subsection (11), the reference to “counterpart”.
In section 173—in paragraph (a) of subsection (2), the words from “or” to the end, paragraph (aa) of that subsection, and in subsection (4), the word “ “counterpart”,”.
Section 176(1A), (3A) and (8).
In section 7(1), the words from “and the foregoing” to the end.
In section 26—in subsections (7), (8) and (9)(b), the words “and its counterpart” and the words “and counterpart”, and subsection (14).
In section 27, the words “and its counterpart” in each place.
In section 29—in subsection (1)(b), the words “the counterpart of any licence held by him or on”, and subsection (3).
In section 30—in subsection (1)(b), the words “the counterpart of his licence or”, and in subsection (2)(b), the words “on the counterpart of his licence or”.
In section 31(1), the words “the counterpart of his licence or on”.
Section 32.
Section 36(10).
Section 42(5A).
Section 44(3A).
Section 45.
In section 46(2), the words “the counterpart of any licence held by him or on”.
In section 47—in subsection (2A), the words “and its counterpart”, in subsection (3), the words “a licence or”, in subsection (3A), the words “in relation to a person who is not the holder of a licence,”, and in subsection (4), the words “and the counterpart of a licence”.
In section 48—in subsections (1) and (2), the words “the counterpart of any licence held by him or on”, and subsection (3).
In section 54(7), the words “and a counterpart of a licence”.
In section 56, the words “and its counterpart” in each place.
Section 57.
In section 57A(1), the words “who is not the holder of a licence”.
Section 58.
Section 61.
In section 61A—in subsection (1), the words “but who is not the holder of a licence,”, and in the heading, the words “to unlicensed person”.
In section 72—subsection (4), in subsection (5), the words “57 or”, and subsection (6).
In section 75—subsection (8), in subsection (8A), the words “who is not the holder of a licence”, and subsection (12).
In section 76—in paragraph (a) of subsection (3), the words “inspecting the licence and its counterpart or (where the alleged offender is not the holder of a licence)”, in paragraph (b) of that subsection, the words “and its counterpart”, and subsection (8).
Section 77.
In section 77A(1) and (2), the words “who is not the holder of a licence”.
In section 83—subsection (1), in subsection (1A), the word “also”, and in subsection (2), the words “57 or” and the words “77 or”.
In section 91ZA—in paragraph (b) of subsection (1), the words “and (9)(b)”, paragraphs (d) to (f) and (h) to (j) of that subsection, in paragraph (k) of that subsection, the words “, (3) and (3A)”, paragraph (l) of that subsection, subsections (3) to (6), in subsection (7), the words “and its counterpart (if any)”, and in subsection (8), the words “and its counterpart”.
Section 91ZB.
In section 91A—subsections (2) to (4), in subsection (5), the words “and its counterpart (if any)”, and subsections (6) and (8) to (10).
Section 91B.
In section 98(1), the word “ “counterpart”,”.
In Schedule 1—in the entries relating to sections 98A(7) and 99(5) of the Road Traffic Act 1988, the words “and counterpart”, and in the entry relating to section 164(6) of that Act, the words “and counterpart etc.”.
In Part 1 of Schedule 2, in the entries relating to the following provisions, the words “and counterpart”—section 92(7C) of the Road Traffic Act 1988 (c. 52), section 93(3) of that Act, section 98A(7) of that Act, section 99(5) of that Act, section 118 of that Act, section 26 of the Road Traffic Offenders Act 1988, and section 27 of that Act.
In Part 1 of Schedule 2—in the entry relating to section 164 of the Road Traffic Act 1988 (c. 52), the words “or counterpart etc.”, and in the entry relating to section 173 of that Act, the words “counterparts of Community licence,”.
In Schedule 5, in the entry relating to section 99(5) of the Road Traffic Act 1988—the words “and its counterpart”, and the words “and counterpart”.
In Schedule 3—paragraph 2(b), paragraph 16(b), and paragraph 25.
In Schedule 1—paragraphs 1 to 3, paragraph 5(a)(ii) and (iii), paragraph 5(b) to (d), paragraph 8, paragraph 9(a), (b)(i), (iii) and (iv) and (c) to (h), and paragraphs 10 to 12.
In Schedule 2—paragraphs 1 and 2, paragraph 3(a) and (c), paragraph 5, paragraph 8, and paragraphs 10 to 28.
In Schedule 3—paragraph 1(a), paragraph 2, and paragraph 3(2)(a).
In Schedule 4—paragraph 99, paragraph 100(2), and paragraph 104.
In section 40B—in subsection (4), the words from “and” to the end, and in subsection (9), the words “and its counterpart”.
In section 2—in subsection (3)(c), the words “appropriate person endorses the number of”, and in subsection (4)(a), the words “and its counterpart”.
In section 9(5), the words “and its counterpart” in both places.
In Schedule 1—in paragraph 3(2), the words “and its counterpart”, in paragraph 3(4)(a), the words “(with its counterpart)”, in paragraph 7(4)(a), the words “and its counterpart”, and in paragraph 8(1)(a), the words “and its counterpart”.
In Schedule 2, paragraph 6.
In Schedule 1—paragraph 17(b), paragraph 19(2)(c), paragraph 28(2)(b), paragraph 31, and paragraph 32(2).
In Schedule 2—paragraph 5, and paragraph 6(a).
In Schedule 4, paragraph 4.
In section 146—in paragraph (a) of subsection (4), the words “together with its counterpart”, in paragraphs (aa) and (b) of that subsection, the words “and its counterpart (if any)”, and in subsection (5), the definition of “counterpart”.
In section 147(5)—in paragraph (a), the words “together with its counterpart”, and in paragraphs (aa) and (b), the words “and its counterpart (if any)”.
In section 63—the words “and its counterpart” in each place, and in subsection (7), the second sentence.
In section 64—the words “and its counterpart” in each place, and in subsection (7), the second sentence.
In section 74(1), the definition of “counterpart”.
In Schedule 5—paragraph 23(a)(ii) and (iii) and (b), paragraph 25(a), paragraph 26(b), paragraph 28, paragraph 29(a), paragraph 35(a), and paragraph 73(b).
In section 301—in paragraph (a) of subsection (6), the words “together with its counterpart”, in paragraph (b) of that subsection, the words “and its counterpart (if any)”, and in subsection (7), the definition of “counterpart”.
Section 9(2)(a) and (4).
Section 14.
Section 58(3).
In Schedule 1—paragraph 3(4) to (7), paragraph 5, paragraph 6, paragraph 13(2), paragraph 15(6), paragraph 16(6), paragraph 17, paragraph 21(2), in paragraph 25(2)(b), the word “(c),”, and paragraph 26(2).
In Schedule 2—paragraph 1, paragraph 8(2), (3) and (5), paragraph 9, paragraph 14(3), (4) and (5), paragraph 15, paragraph 16, paragraph 18, paragraph 24(2) to (4) and (7), paragraph 25(3), paragraph 26, paragraph 29, paragraph 31, and paragraph 32.
In section 98(1)(c), the words “in the case of a provisional licence”.
In section 195(3), the words “is exercised”.
Section 125B(6) and (7).
Sections 129 and 130.
Section 131(2).
Section 133C(1).
Section 133D(1).
In section 137(1), the words “, or to whom a licence under this Part of this Act is granted,”.
In section 195(2), the words “or Part 5”.
In Schedule 2, in column 2—in the entry relating to section 133C(4) of the Road Traffic Act 1988, the words “or licensed”, and in the entry relating to section 133D of that Act, the words “or their employers”.
Section 2.
In the Schedule, paragraphs 2 to 9.
In section 258(2), the words “and (2)”.
Section 259(2) and (3).
In Schedule 29, paragraphs 7, 8, 9 and 11.
In section 1—in subsection (3)(b), the words “barriers or other”, and in subsection (11), the definition of “local authority”.
In section 112—in subsection (1), the words “that is not a special road”, in subsection (4), the words “, other than a council,”, and in subsection (5), the words “that is not a special road”.
In section 89—in subsection (1)(a) and (d), the words “or that, if it is available to him, he satisfies the alternative requirement of section 89A of this Act”, and in subsection (6), the words “or section 89A(2)(b)(iii) below”.
Section 89A(2), (3) and (6).