Road Traffic Offenders (Surrender of Driving Licences Etc) (No.2) Bill (HC Bill 201)

A

BILL

TO

Make provision about the surrender, production or other delivery up of
driving licences, or test certificates, in relation to certain offences; to make
provision in relation to identifying persons in connection with fixed penalty
notices, conditional offers and the payment of fixed penalties under the Road
Traffic Offenders Act 1988; and for connected purposes.

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:—

Amendments to the Road Traffic Offenders Act 1988

1 Production of licence to the court

(1) The Road Traffic Offenders Act 1988 is amended as follows.

(2) In section 7 (trial: duty of accused to provide licence to the court)—

(a) 5for subsection (1) substitute—

(1) Where—

(a) a person who is the holder of a licence is prosecuted for
an offence involving obligatory or discretionary
disqualification,

(b) 10there is a hearing, and

(c) the person attends the hearing,

the person must bring the licence to the hearing.”;

(b) omit subsections (1A), (1B), (1C) and (2).

(3) In section 27 (sentence: production of licence to the court)—

(a) 15for subsection (1) substitute—

(1) Where—

(a) a person who is the holder of a licence is convicted of an
offence involving obligatory or discretionary
disqualification, and

Road Traffic Offenders (Surrender of Driving Licences Etc) (No.2) BillPage 2

(b) a court proposes to make, or makes, an order
disqualifying the person,

the court may require the licence to be produced to it.”;

(b) in subsection (3)(b), at the beginning insert “unless the licence is already
5treated as being revoked under section 37(1),”.

2 Surrender of licence to Secretary of State where disqualified

(1) After section 37 of the Road Traffic Offenders Act 1988 insert—

37A Surrender of licence to Secretary of State where disqualified

(1) This section applies where—

(a) 10a person who is the holder of a licence is disqualified by an
order of a court, and

(b) the Secretary of State is not already in receipt of the licence.

(2) The Secretary of State may serve on the person a notice in writing
requiring the person to surrender the licence to the Secretary of State at
15such address as the Secretary of State may determine, before the end of
the period of 28 days beginning with the date on which the notice is
served.

(3) A notice under subsection (2) may be served on a person—

(a) by delivering it to the person,

(b) 20by leaving it at the person’s proper address, or

(c) by sending it to the person by post.

(4) A person who, without reasonable excuse, fails to comply with a notice
under subsection (2) is guilty of an offence.

(5) For the purposes of—

(a) 25subsection (3), and

(b) section 7 of the Interpretation Act 1978 in its application to
subsection (3),

a person’s “proper address” is the person’s latest address as known to
the Secretary of State.”

(2) 30In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
punishment of offences), before the entry relating to section 62 of that Act,
insert—

“Section
37A(4) of this
Act
Failure to
surrender
licence to
Secretary of
State
Summarily Level 3 on the
standard
35scale”

3 Removal of requirement to surrender licence where fixed penalty notice

(1) The Road Traffic Offenders Act 1988 is amended as follows.

Road Traffic Offenders (Surrender of Driving Licences Etc) (No.2) BillPage 3

(2) In section 52 (fixed penalty notices), after subsection (2) insert—

(2A) A fixed penalty notice must give details of the identification
information (as defined in section 69(3D)) that may be required under
section 69 where the notice relates to an offence involving obligatory
5endorsement.”

(3) In section 54 (notices on-the-spot etc)—

(a) in subsection (3)—

(i) omit “, and” at the end of paragraph (a);

(ii) omit paragraph (b);

(b) 10omit subsections (4), (5), (5A), (5B), (6), (7) and (9).

(4) In section 69 (payment of penalties)—

(a) in subsection (2), after “method” insert “and subject to subsection (2A)”;

(b) after that subsection, insert—

(2A) Where a person has been given a fixed penalty notice under
15section 54 in respect of an offence involving obligatory
endorsement, payment of the penalty may be made as
mentioned in subsection (2) only if the letter also contains
identification information.”;

(c) after subsection (3), insert—

(3A) 20Subsection (3B) applies where—

(a) a person has been given a fixed penalty notice under
section 54 in respect of an offence involving obligatory
endorsement, and

(b) a method of payment other than that mentioned in
25subsection (2) is used.

(3B) The penalty is treated as having been paid to the fixed penalty
clerk or the Secretary of State in accordance with this Part only
if the person—

(a) fulfils the identification requirements, and

(b) 30makes payment of the penalty to the clerk or the
Secretary of State.

(3C) A person fulfils the identification requirements if—

(a) the person provides the clerk or the Secretary of State
with identification information, or

(b) 35the clerk or the Secretary of State is otherwise satisfied
of the person’s identity.

(3D) In this section “identification information” means—

(a) the person’s name and date of birth, and

(b) if the person is the holder of a licence, the licence
40number.”

4 Removal of requirement to deliver up licence where conditional offer

(1) The Road Traffic Offenders Act 1988 is amended as follows.

(2) In section 75 (issue of conditional offer)—

(a) in subsection (7), after paragraph (b) (but before the “and” immediately

Road Traffic Offenders (Surrender of Driving Licences Etc) (No.2) BillPage 4

after it) insert—

(ba) give details of the identification information that may be
required where the conditional offer relates to an
offence involving obligatory endorsement,”;

(b) 5in subsection (8A)(a), for sub-paragraph (ii) substitute—

(“ii) where the conditional offer relates to an offence
involving obligatory endorsement, fulfils the
identification requirements,”;

(c) after subsection (8A) insert—

(8B) 10For the purposes of subsection (8A)(a)(ii), an alleged offender
fulfils the identification requirements if—

(a) the alleged offender provides the appropriate person
with identification information, or

(b) the appropriate person is otherwise satisfied of the
15alleged offender’s identity.

(8C) In this section “identification information” means—

(a) the alleged offender’s name and date of birth, and

(b) if the alleged offender is the holder of a licence, the
licence number.”

(3) 20In section 76 (effect of offer and payment of penalty)—

(a) in subsection (2), for “makes payment of the fixed penalty in
accordance with the conditional offer” substitute “has fulfilled the
conditions specified in the conditional offer under section 75(8A)(a)”;

(b) in subsection (3)(b), omit the words from “together” to “his licence”;

(c) 25in subsection (4), for “requirements specified in the conditional offer in
accordance with sub-paragraphs (i) and (ii) of section 75(8A)(a) of this
Act have not been fulfilled” substitute “alleged offender has not
fulfilled the conditions specified in the conditional offer under section
75(8A)(a)”.

(4) 30In section 77A (endorsement of driving records where penalty paid)—

(a) for subsection (1)(a) substitute—

(a) a conditional offer has been issued to a person (“the
alleged offender”) under section 75(1), (2) or (3),”;

(b) in subsection (1)(b), for “76” substitute “76(2)”;

(c) 35in subsection (1), in the words after paragraph (b), omit “together with
any licence delivered under paragraph (a) above”;

(d) in subsection (2), in the words before paragraph (a), omit “and return
any licence delivered to him under this section to the alleged offender”;

(e) for subsection (2)(b) substitute—

(b) 40in a case where—

(i) a conditional offer is issued to a person (“the
alleged offender”) under section 75(1A) or (3B),
and

(ii) proceedings against the alleged offender are
45excluded by section 76(2).”

Road Traffic Offenders (Surrender of Driving Licences Etc) (No.2) BillPage 5

Amendments to the Road Traffic (New Drivers) Act 1995

5 Surrender of licence and test certificate where new driver

Schedule 1 contains amendments to the Road Traffic (New Drivers) Act 1995
which make provision about the surrender of driving licences and test
5certificates in the case of new drivers.

General provisions

6 Minor and consequential amendments

Schedule 2 contains minor and consequential amendments.

7 Extent, commencement and short title

(1) 10This Act extends to England and Wales, and Scotland.

(2) This section comes into force on the day on which this Act is passed.

(3) The remaining provisions of this Act come into force on such day as the
Secretary of State may by regulations made by statutory instrument appoint.

(4) Regulations under subsection (3)

(a) 15may make transitional, transitory or saving provision;

(b) may appoint different days for different purposes or areas.

(5) This Act may be cited as the Road Traffic Offenders (Surrender of Driving
Licences Etc) Act 2018.

Road Traffic Offenders (Surrender of Driving Licences Etc) (No.2) BillPage 6

SCHEDULES

Section 5

SCHEDULE 1 Surrender of licence and test certificate where new driver

1 The Road Traffic (New Drivers) Act 1995 is amended as follows.

2 (1) 5Section 2 (surrender of licences) is amended as follows.

(2) For the heading substitute “Persons to whom section 3(1) applies”.

(3) Before subsection (1), insert—

(A1) Section 3(1) (revocation of licences) applies to a person who—

(a) is the holder of a licence, and

(b) 10satisfies the conditions in subsection (1) or (3).”

(4) In subsection (1)—

(a) for “Subsection (2) applies where—” substitute “A person satisfies
the conditions in this subsection if—”;

(b) omit paragraph (a);

(c) 15in paragraph (b), for “he” substitute “the person”;

(d) after paragraph (d), insert—

(da) the Secretary of State is required under section 44A(2)
of that Act to endorse the person’s driving record
with particulars of the offence and the penalty points
20to be attributed to it;”;

(e) in paragraph (e)—

(i) after “person’s” insert “driving record or”;

(ii) omit “, or that date has been shown by other evidence in the
proceedings”;

(f) 25in paragraph (f), for “court” substitute “Secretary of State”.

(5) Omit subsection (2).

(6) In subsection (3)—

(a) for “Subsection (4) applies where—” substitute “A person satisfies
the conditions in this subsection if—”;

(b) 30for paragraph (a), substitute—

(a) the person has been given a fixed penalty notice
under section 54 of the Road Traffic Offenders Act
1988 or a conditional offer has been issued to the
person under section 75 of that Act;”;

(c) 35for paragraph (c), substitute—

(c) the Secretary of State is required under section 57A(5)
or 77A(2) of that Act to endorse the person’s driving

Road Traffic Offenders (Surrender of Driving Licences Etc) (No.2) BillPage 7

record with particulars of the offence and the penalty
points to be attributed to it;”;

(d) in paragraph (d), for “appropriate person” substitute “Secretary of
State”;

(e) 5in paragraph (e), after the first “the” insert “person’s driving record
or”;

(f) in paragraph (f), for “appropriate person” substitute “Secretary of
State”.

(7) Omit subsection (4).

(8) 10Omit subsection (7).

3 (1) Section 3 (revocation of licences) is amended as follows.

(2) For subsection (1) substitute—

(1) The Secretary of State must, in the case of a person to whom this
subsection applies (see section 2), by notice served on the person
15revoke the person’s licence.”

(3) Omit subsection (1ZA).

(4) In subsection (1A)—

(a) in the words before paragraph (a), omit “or (1ZA)”;

(b) in paragraph (b), at the beginning insert “if the Secretary of State is
20already in receipt of it,”.

(5) In subsection (1B), omit “or (1ZA)”.

4 After section 3 insert—

3A Surrender of licences

(1) Where—

(a) 25the Secretary of State is required under section 3(1) or (1B) to
serve a notice on a person revoking the person’s licence, and

(b) the Secretary of State is not already in receipt of the licence,

the notice may also require the person to surrender the licence to the
Secretary of State before the end of the period of 28 days beginning
30with the date on which the notice is served.

(2) A person who, without reasonable excuse, fails to comply with a
requirement to surrender the person’s licence imposed under
subsection (1)

(a) is guilty of an offence, and

(b) 35is liable on summary conviction to a fine not exceeding level
3 on the standard scale.

(3) Where the Secretary of State receives a Northern Ireland licence
pursuant to a requirement to surrender it imposed under subsection
(1), the Secretary of State must send it to the licensing authority in
40Northern Ireland.”

5 In section 9, for subsection (5) (interpretation: address for sending licences,
test certificates etc) substitute—

(5) Any requirement under any provision of this Act that—

Road Traffic Offenders (Surrender of Driving Licences Etc) (No.2) BillPage 8

(a) a licence, a test certificate or a notice must be sent to the
Secretary of State, or

(b) a licence or a test certificate must be surrendered to the
Secretary of State,

5is a requirement that the licence, test certificate or notice must be
sent, or the licence or test certificate must be surrendered, to the
Secretary of State at such address as the Secretary of State may
determine.”

6 (1) Schedule 1 (newly qualified drivers holding test certificates) is amended as
10follows.

(2) Omit—

(a) paragraph 1(2A);

(b) paragraph 2(1);

(c) paragraph 3 and the heading before it;

(d) 15paragraph 4 and the italic heading before it.

(3) In paragraph 5—

(a) for sub-paragraph (1) substitute—

(1) Where—

(a) there is a person to whom this Part of this Schedule
20applies,

(b) the person satisfies the conditions in section 2(1)(b)
to (da) and (f) or (3)(a) to (d) and (f),

(c) the Secretary of State is satisfied that the person has
been issued with a test certificate, and

(d) 25the person’s driving record, licence or test
certificate shows the date on which the person
became a qualified driver,

the Secretary of State must by notice served on the person
revoke the person’s test certificate and this sub-paragraph
30applies to the person instead of section 3(1).”;

(b) omit sub-paragraph (1ZA);

(c) in sub-paragraph (1A)—

(i) omit “or (1ZA)”;

(ii) after “with” insert “, if the Secretary of State is already in
35receipt of it,”;

(d) in sub-paragraph (1B), omit “or (1ZA)”.

(4) After paragraph 5 insert—

“Surrender of test certificate

5A (1) Where—

(a) 40the Secretary of State is required under paragraph 5(1) or
(1B) to serve a notice on a person revoking the person’s test
certificate, and

(b) the Secretary of State is not already in receipt of the test
certificate,

Road Traffic Offenders (Surrender of Driving Licences Etc) (No.2) BillPage 9

the notice may also require the person to surrender the test
certificate to the Secretary of State before the end of the period of
28 days beginning with the date on which the notice is served.

(2) A person who, without reasonable excuse, fails to comply with a
5requirement to surrender the person’s test certificate imposed
under sub-paragraph (1)

(a) is guilty of an offence, and

(b) is liable on summary conviction to a fine not exceeding
level 3 on the standard scale.

(3) 10Where the Secretary of State receives a Northern Ireland test
certificate pursuant to a requirement to surrender it imposed
under sub-paragraph (1), the Secretary of State must send it to the
licensing authority in Northern Ireland.”

(5) In paragraph 6(1), omit “or (1ZA)”.

(6) 15Omit paragraph 7 and the italic heading before it.

(7) In paragraph 8—

(a) for sub-paragraph (1) substitute—

(1) Where—

(a) there is a person to whom this Part of this Schedule
20applies,

(b) the person satisfies the conditions in section 2(1)(b)
to (da) and (f) or (3)(a) to (d) and (f),

(c) the Secretary of State is satisfied that the person has
been issued with a test certificate, and

(d) 25the person’s driving record, licence or test
certificate shows the date on which the person
became a qualified driver,

the Secretary of State must by notice served on the person
revoke the person’s licence and test certificate and this
30sub-paragraph applies to the person instead of section
3(1).”;

(b) omit sub-paragraph (1ZA);

(c) in sub-paragraph (1A)—

(i) omit “or (1ZA)”, and

(ii) 35for “the Northern Ireland licence and the Northern Ireland
test certificate” substitute

(a) if the Secretary of State is already in receipt
of it, the Northern Ireland licence, and

(b) if the Secretary of State is already in receipt
40of it, the Northern Ireland test certificate.”;

(d) in sub-paragraph (1B), omit “or (1ZA)”.

(8) After paragraph 8 insert—

“Surrender of licence and test certificate

8A (1) Where—