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

Road Traffic Offenders (Surrender of Driving Licences Etc) (No.2) BillPage 10

(a) the Secretary of State is required under paragraph 8(1) or
(1B) to serve a notice on a person revoking the person’s
licence and test certificate, and

(b) the Secretary of State is not already in receipt of the licence
5or test certificate,

the notice may also require the person to surrender the licence, or
test certificate, or both (as the case may be) 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) 10A person who, without reasonable excuse, fails to comply with a
requirement to surrender the person’s licence or test certificate, or
both (as the case may be), imposed under sub-paragraph (1)

(a) is guilty of an offence, and

(b) is liable on summary conviction to a fine not exceeding
15level 3 on the standard scale.

(3) Where the Secretary of State receives a Northern Ireland licence or
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.”

(9) 20In paragraph 9(1), omit “or (1ZA)”.

(10) In paragraph 10(a), omit “or (1ZA)” in both places.

Section 6

SCHEDULE 2 Minor and consequential amendments

Part 1 25Amendments to the Road Traffic Offenders Act 1988

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

2 (1) Section 2 (requirement of warning etc: supplementary) is amended as
follows.

(2) In subsection (2)—

(a) 30omit “, or” at the end of paragraph (a);

(b) omit paragraph (b).

3 (1) Section 26 (interim disqualification) is amended as follows.

(2) In subsection (8), omit “has not caused it to be delivered, or has not posted
it, in accordance with section 7 of this Act and”.

(3) 35In subsection (9)—

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

(b) omit paragraph (b).

4 (1) Section 27 (production of licence) is amended as follows.

Road Traffic Offenders (Surrender of Driving Licences Etc) (No.2) BillPage 11

(2) In subsection (3), omit “has not caused it to be delivered, or posted it, in
accordance with section 7 of this Act and”.

(3) Omit subsection (4) (which has already been repealed as it extends to
Scotland).

(4) 5Omit subsections (4A) and (5).

5 (1) Section 47 (supplementary provisions as to disqualifications and
endorsements) is amended as follows.

(2) In subsection (2), omit “a court orders the endorsement of a person’s driving
record it may, and where”.

(3) 10Omit subsection (2A).

6 Omit section 56 (licence receipts).

7 (1) Section 57A (endorsement of driving records without hearings) is amended
as follows.

(2) In subsection (3)—

(a) 15after “penalty is made” insert “in accordance with this Part”;

(b) omit “and return to that person any licence surrendered by him
under section 54 of this Act”.

(3) In subsection (4), omit “and return to that person any licence surrendered by
him under section 54 of this Act”.

(4) 20In subsection (5)(b), after “him” insert “in accordance with this Part”.

8 (1) Section 61A (fixed penalty notice mistakenly given: exclusion of fixed
penalty procedures) is amended as follows.

(2) In subsection (3), omit “and send the chief officer of police any licence sent
to him under section 54(7) of this Act”.

9 (1) 25Section 69 (payment of penalty) is amended as follows.

(2) In subsection (1), omit “or authorised person”.

10 (1) Section 70 (registration certificates) is amended as follows.

(2) In subsection (2A)(a), omit “or given by an authorised person”.

(3) In subsection (3A)(a), omit “or given by an authorised person”.

11 (1) 30Section 79 (statements by constables) is amended as follows.

(2) In subsection (1), omit “or a notice under section 54(5) of this Act”.

(3) In subsection (6)—

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

(b) omit paragraph (b).

12 35In section 80 (certificates about payment)—

(a) in the heading, after “payment” insert “etc”;

(b) after paragraph (b) insert , or

(c) that the identification requirements specified in
section 69(3C) or 75(8B) have been fulfilled,”;

(c) 40in the words after paragraph (b), for “it” substitute “the penalty”.

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13 (1) In section 84(a) (regulations), omit “54(5), 56,”.

(2) The reference in sub-paragraph (1) of this paragraph to section 84(a) is to be
read as a reference to section 84(1)(a), if the condition in sub-paragraph (3)
is met.

(3) 5The condition is that section 16(3) of the Domestic Violence, Crime and
Victims Act 2004 (which amends section 84) comes into force before the
repeal of section 54(5) of the Road Traffic Offenders Act 1988 made by
section 3(3)(b) of this Act.

14 (1) Section 89 (interpretation) is amended as follows.

(2) 10In subsection (1), omit the definition of “authorised person”.

(3) In subsection (1), in the definition of “chief officer of police”, omit “(except
in the definition of “authorised person”)”.

15 (1) Section 90 (index to Part 3) is amended as follows.

(2) In the table, omit the entry for “authorised person”.

16 15In section 91ZA(1) (application to Northern Ireland licence holders), after
paragraph (c) insert—

(ca) section 37A,”.

17 In section 91A(1) (application to Community licence holders))—

(a) omit “and (9)(b)”;

(b) 20for “and 27” substitute “, 27 and 37A”.

18 (1) Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply) is amended
as follows.

(2) In paragraph 2(a), after “section” insert “37A or”.

(3) In paragraph 2(d)—

(a) 25after “under” insert “section 3A(2) or”;

(b) for “3(5)” substitute “5A(2) or 8A(2)”.

19 In Part 1 of Schedule 2 (prosecution and punishment of offences), in the
entry relating to section 27 of the Road Traffic Offenders Act 1988, for the
words in column 2 (general nature of offence) substitute—

“Failing to
produce
licence to
court when
required to do
so.”

30Part 2 Amendments to other Acts

Road Traffic Act 1988

20 The Road Traffic Act 1988 is amended as follows.

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21 In section 93 (revocation of licence because of disability or prospective
disability), omit subsection (4).

22 In section 99 (duration of licences), omit subsection (6).

23 (1) Section 164 (power of constables to require production of driving licence and
5in certain cases statement of date of birth) is amended as follows.

(2) After subsection (5), insert—

(5A) If a person is required to surrender the person’s licence or test
certificate to the Secretary of State under—

(a) section 37A of the Road Traffic Offenders Act 1988, or

(b) 10section 3A of, or paragraph 5A or 8A of Schedule 1 to, the
Road Traffic (New Drivers) Act 1995,

and fails to do so, a constable or vehicle examiner may require the
person to produce the licence or test certificate and, upon its being
produced, may seize it and deliver it to the Secretary of State.

(5B) 15In subsection (5A), “test certificate” has the same meaning as in
Schedule 1 to the Road Traffic (New Drivers) Act 1995.”

(3) In subsection (6), for “(7) to” substitute “(8) and”.

(4) Omit subsection (7).

24 In section 166 (powers of certain officers as respects goods vehicles and
20passenger-carrying vehicles), for “164(1) or (3)” substitute “164(1), (3) or
(5A)”.

Crime (International Co-operation) Act 2003

25 In section 63 of the Crime (International Co-operation) Act 2003 (production
of licence: Great Britain), omit subsection (3).

25Part 3 Consequential repeals of amending enactments

Road Traffic (New Drivers) Act 1995

26 In Schedule 2 to the Road Traffic (New Drivers) Act 1995, omit paragraph 4
(which amends section 47 of the Road Traffic Offenders Act 1988).

30Access to Justice Act 1999

27 In Schedule 13 to the Access to Justice Act 1999, omit—

(a) paragraph 141 (which amends section 7 of the Road Traffic
Offenders Act 1988);

(b) paragraph 144 (which amends section 27 of that Act);

(c) 35paragraph 173 (which amends paragraph 3 of Schedule 1 to the Road
Traffic (New Drivers) Act 1995).

Police Reform Act 2002

28 In section 76 of the Police Reform Act 2002, omit subsection (2) (which
amends section 54 of the Road Traffic Offenders Act 1988).

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Courts Act 2003

29 In Schedule 8 to the Courts Act 2003, omit—

(a) paragraph 310 (which amends section 7 of the Road Traffic
Offenders Act 1988);

(b) 5paragraph 313 (which amends section 27 of that Act);

(c) paragraph 365 (which amends paragraph 3 of Schedule 1 to the Road
Traffic (New Drivers) Act 1995).

Road Safety Act 2006

30 The Road Safety Act 2006 is amended as follows.

31 10In section 10, omit—

(a) subsections (5) and (6) (which amend section 54 of the Road Traffic
Offenders Act 1988);

(b) subsections (10) and (11) (which amend section 57A of that Act).

32 In Schedule 1, omit—

(a) 15paragraph 3(8) (which amends section 54 of the Road Traffic
Offenders Act 1988);

(b) paragraph 4 (which amends section 56 of that Act);

(c) paragraph 18(5) (which amends section 79 of that Act);

(d) paragraph 25 (which amends section 2 of the Road Traffic (New
20Drivers) Act 1995);

(e) paragraph 26(3) and (4) (which amend section 3 of that Act);

(f) paragraph 27(2), (3), (4), (5)(a) and (b), (6), (7), (8)(a) and (b), (9) and
(10) (which amend Schedule 1 to that Act).

33 In Schedule 2, omit paragraph 25(2)(b) (which amends section 76 of the Road
25Traffic Offenders Act 1988).

34 In Schedule 3, omit—

(a) paragraph 5(3) and (4) (which amend section 93 of the Road Traffic
Act 1988);

(b) paragraph 9(5) (which amends section 99 of that Act);

(c) 30paragraph 26(6) (which amends section 164 of that Act);

(d) paragraph 32(3) and (4) (which amend section 26 of the Road Traffic
Offenders Act 1988);

(e) paragraph 33(5) (which amends section 27 of that Act);

(f) paragraph 44(3) (which amends section 47 of that Act);

(g) 35paragraph 46 (which amends section 56 of that Act);

(h) paragraph 49(3) (which amends section 61A of that Act);

(i) paragraph 54 (which amends section 77A of that Act);

(j) paragraph 67(2), (3)(a) and (b) and (4) (which amend section 2 of the
Road Traffic (New Drivers) Act 1995);

(k) 40paragraph 68 (which amends section 3 of that Act);

(l) paragraph 70 (which amends Schedule 1 to that Act).

Criminal Justice and Courts Act 2015

35 In Schedule 11 to the Criminal Justice and Courts Act 2015, omit—

Road Traffic Offenders (Surrender of Driving Licences Etc) (No.2) BillPage 15

(a) paragraph 9 (which amends section 7 of the Road Traffic Offenders
Act 1988);

(b) paragraph 11 (which amends section 27 of that Act).