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Endorsement | |
68 Endorsement of licence: Great Britain | |
(1) This section applies where a person who is normally resident in Great Britain | |
is disqualified by virtue of section 57. | |
(2) The Secretary of State must secure that particulars of the disqualification are | 5 |
endorsed on the counterpart of any Great Britain licence or of any Northern | |
Ireland licence or Community licence which the person— | |
(a) may then hold, or | |
(b) may subsequently obtain, | |
until he becomes entitled under subsection (4) or (5) to have a Great Britain | 10 |
licence and its counterpart, or a counterpart of his Northern Ireland licence or | |
Community licence, issued to him free from those particulars. | |
(3) On the issue to the person of— | |
(a) a new Great Britain licence, or | |
(b) a new counterpart of a Northern Ireland licence or Community licence, | 15 |
those particulars must be entered on the counterpart of the new licence or the | |
new counterpart unless he has become so entitled. | |
(4) The person is entitled to have issued to him with effect from the end of the | |
period for which the endorsement remains effective a new Great Britain licence | |
with a counterpart free from the endorsement if he— | 20 |
(a) applies for a new licence under section 97(1) of the Road Traffic Act | |
1988 (c. 52), | |
(b) surrenders any subsisting licence and its counterpart, | |
(c) pays the fee prescribed by regulations under Part 3 of that Act, and | |
(d) satisfies the other requirements of section 97(1). | 25 |
(5) The person is entitled to have issued to him with effect from the end of that | |
period a new counterpart of any Northern Ireland licence or Community | |
licence then held by him free from the endorsement if he makes an application | |
to the Secretary of State for that purpose in such manner as the Secretary of | |
State may determine. | 30 |
(6) The endorsement remains effective until four years have elapsed since he was | |
convicted of the offence in relation to which he is disqualified by virtue of | |
section 57. | |
(7) Where the person ceases to be disqualified by virtue of section 57(6), the | |
Secretary of State must secure that the relevant particulars are endorsed on the | 35 |
counterpart of the Great Britain licence or of any Northern Ireland licence or | |
Community licence previously held by him. | |
69 Endorsement of licence: Northern Ireland | |
(1) This section applies where a person who is normally resident in Northern | |
Ireland is disqualified by virtue of section 57. | 40 |
(2) The Department must secure that particulars of the disqualification are | |
endorsed on the counterpart of any Northern Ireland licence or the counterpart | |
of any Great Britain licence or Community licence which the person— | |
(a) may then hold, or | |
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(b) may subsequently obtain, | |
until he becomes entitled under subsection (4) or (5) to have a Northern Ireland | |
licence and its counterpart, or a counterpart of his Great Britain licence or | |
Community licence, issued to him free from those particulars. | |
(3) On the issue to the person of— | 5 |
(a) a new Northern Ireland licence, or | |
(b) a new counterpart of a Great Britain licence or Community licence, | |
those particulars must be entered on the counterpart of the new licence or the | |
new counterpart unless he has become so entitled. | |
(4) The person is entitled to have issued to him with effect from the end of the | 10 |
period for which the endorsement remains effective a new Northern Ireland | |
licence with a counterpart free from the endorsement if he— | |
(a) applies for a new licence under Article 13(1) of the Road Traffic | |
(Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)), | |
(b) surrenders any subsisting licence and its counterpart, | 15 |
(c) pays the fee prescribed by regulations under Part 2 of that Order, and | |
(d) satisfies the other requirements of Article 13(1). | |
(5) The person is entitled to have issued to him with effect from the end of that | |
period a new counterpart of any Great Britain licence or Community licence | |
then held by him free from the endorsement if he makes an application to the | 20 |
Department for that purpose in such manner as it may determine. | |
(6) The endorsement remains effective until four years have elapsed since he was | |
convicted of the offence in relation to which he is disqualified by virtue of | |
section 57. | |
(7) Where the person ceases to be disqualified by virtue of section 57(6), the | 25 |
Department must secure that the relevant particulars are endorsed on the | |
counterpart of the Northern Ireland licence or the counterpart of any Great | |
Britain licence or Community licence previously held by him. | |
General | |
70 Duty of appropriate Minister to inform competent authority | 30 |
(1) This section applies where a competent authority of any State gives the | |
appropriate Minister a notice under the convention on driving | |
disqualifications in respect of any person. | |
(2) If the appropriate Minister gives a notice under section 57 to that person, he | |
must give the competent authority particulars of the disqualification which | 35 |
arises by virtue of that section. | |
(3) If the appropriate Minister does not give such a notice, he must give his reasons | |
to the competent authority. | |
71 Notices | |
(1) A notice authorised or required under this Chapter to be given by the | 40 |
appropriate Minister to an individual, or a Community licence required to be | |
returned to its holder by section 65, may be given or returned to him by— | |
(a) delivering it to him, | |
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(b) leaving it at his proper address, or | |
(c) sending it to him by post. | |
(2) For the purposes of— | |
(a) subsection (1), and | |
(b) section 7 of the Interpretation Act 1978 (c. 30) in its application to that | 5 |
subsection, | |
the proper address of any individual is his latest address as known to the | |
appropriate Minister. | |
72 Regulations: Great Britain | |
(1) Any power to make regulations conferred by this Chapter on the Secretary of | 10 |
State is exercisable by statutory instrument. | |
(2) A statutory instrument containing any such regulations is subject to | |
annulment in pursuance of a resolution of either House of Parliament. | |
(3) The regulations may make different provision for different purposes. | |
73 Regulations: Northern Ireland | 15 |
(1) Any power to make regulations conferred by this Chapter on the Department | |
is exercisable by statutory rule for the purposes of the Statutory Rules | |
(Northern Ireland) Order 1979 (S.I. 1979/ 1573 (N.I. 12)). | |
(2) Any such regulations are subject to negative resolution (within the meaning of | |
the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)). | 20 |
(3) The regulations may make different provision for different purposes. | |
74 Interpretation | |
(1) In this Chapter— | |
“appropriate Minister” means— | |
(a) in relation to Great Britain, the Secretary of State, | 25 |
(b) in relation to Northern Ireland, the Department, | |
“central authority”, in relation to a State, means an authority designated | |
by the State as a central authority for the purposes of the convention on | |
driving disqualifications, | |
“Community licence”— | 30 |
(a) in relation to Great Britain, has the same meaning as in Part 3 of | |
the Road Traffic Act 1988 (c. 52), | |
(b) in relation to Northern Ireland, has the same meaning as in Part | |
2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ | |
154 (N.I.1)), | 35 |
“competent authority”, in relation to a State, means an authority which is | |
a competent authority in relation to the State for the purposes of the | |
convention on driving disqualifications, | |
“the convention on driving disqualifications” means the Convention | |
drawn up on the basis of Article K.3 of the Treaty on European Union | 40 |
on Driving Disqualifications signed on 17th June 1998, | |
“counterpart”— | |
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(a) in relation to Great Britain, has the same meaning as in Part 3 of | |
the Road Traffic Act 1988 (c. 52), | |
(b) in relation to Northern Ireland, has the same meaning as in Part | |
2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ | |
154 (N.I.1)), | 5 |
“the Department” means the Department of the Environment, | |
“disqualified”, except in section 56, means— | |
(a) in relation to Great Britain, disqualified for holding or obtaining | |
a Great Britain licence, | |
(b) in relation to Northern Ireland, disqualified for holding or | 10 |
obtaining a Northern Ireland licence, | |
and “disqualification” is to be interpreted accordingly, | |
“foreign disqualification” means the disqualification mentioned in section | |
56, | |
“Great Britain licence” means a licence to drive a motor vehicle granted | 15 |
under Part 3 of the Road Traffic Act 1988, | |
“motor vehicle”— | |
(a) in relation to Great Britain, has the same meaning as in the Road | |
Traffic Act 1988, | |
(b) in relation to Northern Ireland, has the same meaning as in the | 20 |
Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/ 2994 | |
(N.I.18)), | |
“Northern Ireland licence” means a licence to drive a motor vehicle | |
granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981, | |
“prescribed” means prescribed by regulations made by the appropriate | 25 |
Minister. | |
(2) In this Chapter a disqualification, or foreign disqualification, for life is to be | |
treated as being for a period of not less than six months. | |
75 Application to Crown | |
This Chapter applies to vehicles and persons in the public service of the Crown. | 30 |
Chapter 2 | |
Mutual recognition within the United Kingdom etc. | |
76 Recognition in Great Britain of disqualifications in Northern Ireland etc. | |
After section 102 of the Road Traffic Act 1988 there is inserted— | |
“Disqualification if disqualified in Northern Ireland etc. | 35 |
102A Disqualification while disqualified in Northern Ireland, Isle of Man, | |
Channel Islands or Gibraltar | |
(1) A person is disqualified for holding or obtaining a licence to drive a | |
motor vehicle of any class so long as he is subject to a relevant | |
disqualification imposed outside Great Britain. | 40 |
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(2) For the purposes of this section a person is subject to a relevant | |
disqualification imposed outside Great Britain if, in respect of any | |
offence— | |
(a) a court in Northern Ireland disqualifies him for holding or | |
obtaining a Northern Ireland licence, | 5 |
(b) a court in the Isle of Man or any of the Channel Islands | |
disqualifies him for holding or obtaining a British external | |
licence, or | |
(c) a court in Gibraltar disqualifies him for holding or obtaining a | |
licence to drive a motor vehicle granted under the law of | 10 |
Gibraltar. | |
(3) A certificate signed by the Secretary of State which states, in respect of | |
a person, any matter relating to the question whether he is subject to a | |
relevant disqualification imposed outside Great Britain shall be | |
evidence (in Scotland, sufficient evidence) of the matter so stated. | 15 |
(4) A certificate stating that matter and purporting to be so signed shall be | |
deemed to be so signed unless the contrary is proved.” | |
77 Endorsement of counterparts issued to Northern Ireland licence holders | |
(1) After section 109 of the Road Traffic Act 1988 (c. 52) there is inserted— | |
“109A Counterparts issued to Northern Ireland licence holders | 20 |
(1) The Secretary of State may issue to any Northern Ireland licence holder | |
who— | |
(a) has delivered his Northern Ireland licence to the Secretary of | |
State, and | |
(b) has provided him with the information specified in, or required | 25 |
under, subsection (3) below (whether or not in pursuance of this | |
section), | |
a document (referred to in this Part of this Act in relation to a Northern | |
Ireland licence as a “counterpart”). | |
(2) The counterpart must— | 30 |
(a) be in such form, and | |
(b) contain such information, | |
designed for the endorsement of particulars relating to the Northern | |
Ireland licence as the Secretary of State may determine. | |
(3) The information referred to in subsection (1) above is— | 35 |
(a) the name and address (whether in Great Britain or Northern | |
Ireland) of the Northern Ireland licence holder; | |
(b) his date of birth; | |
(c) the classes of vehicle which he is authorised by his Northern | |
Ireland licence to drive; | 40 |
(d) the period of validity of the licence; | |
(e) whether it was granted in exchange for a licence issued by a | |
state other than an EEA State; and | |
(f) such other information as the Secretary of State may require for | |
the purposes of the proper exercise of any of his functions under | 45 |
this Part or Part 4 of this Act. | |
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(4) The Secretary of State— | |
(a) may endorse a Northern Ireland licence delivered to him | |
(whether or not in pursuance of this section) in such manner as | |
he may determine— | |
(i) with any part of the information specified in, or required | 5 |
under, subsection (3) above; or | |
(ii) with information providing a means of ascertaining that | |
information or any part of it; and | |
(b) must return the Northern Ireland licence to the holder. | |
(5) Subsections (6) to (9), (11) (with the omission of paragraph (a)) and (12) | 10 |
of section 99B of this Act apply for the purposes of this section as if the | |
references to a Community licence were references to a Northern | |
Ireland licence.” | |
(2) After section 91 of the Road Traffic Offenders Act 1988 (c. 53) there is | |
inserted— | 15 |
“91ZA Application to Northern Ireland licence holders | |
(1) The references to a licence in the following provisions of this Act | |
include references to a Northern Ireland licence— | |
(a) section 7, | |
(b) section 26(7) and (8) and (9)(b), | 20 |
(c) section 27, | |
(d) section 29(1), | |
(e) section 30, | |
(f) section 31(1), | |
(g) section 32, | 25 |
(h) section 42(5), | |
(i) section 44(1), | |
(j) section 46(2), | |
(k) section 47(2) and (3), | |
(l) section 48(1) and (2). | 30 |
(2) Accordingly, the reference in section 27(3)(b) of this Act to the | |
suspension of a licence is to be construed in relation to a Northern | |
Ireland licence holder as a reference to his ceasing to be authorised by | |
virtue of section 109(1) of the Road Traffic Act 1988 to drive in Great | |
Britain a motor vehicle of any class. | 35 |
(3) The references in sections 26(9)(a) and 27(3) of this Act to a new licence | |
include references to a counterpart of a Northern Ireland licence. | |
(4) In relation to a Northern Ireland licence holder to whom a counterpart | |
is issued under section 109A of the Road Traffic Act 1988, the references | |
in Part 3 of this Act (except sections 75(12), 76(8) and 77(9)) to a licence | 40 |
include references to a Northern Ireland licence. | |
(5) Where a court orders the endorsement of the counterpart of any | |
Northern Ireland licence held by a person, it must send notice of the | |
endorsement to the Secretary of State. | |
(6) The notice must— | 45 |
(a) be sent in such manner and to such address, and | |
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(b) contain such particulars, | |
as the Secretary of State may determine. | |
(7) Where a court orders the holder of a Northern Ireland licence to be | |
disqualified, it must send the Northern Ireland licence and its | |
counterpart (if any), on their being produced to the court, to the | 5 |
Secretary of State. | |
(8) The licence and its counterpart must be sent to such address as the | |
Secretary of State may determine. | |
(9) Where— | |
(a) a notice is sent to the Secretary of State under subsection (5) | 10 |
above, and | |
(b) the particulars contained in the notice include— | |
(i) particulars of an offence in respect of which the holder | |
of a Northern Ireland licence is disqualified by an order | |
of a court, and | 15 |
(ii) particulars of the disqualification, | |
the Secretary of State must send a notice containing the particulars | |
mentioned in paragraph (b)(i) and (ii) to the licensing authority in | |
Northern Ireland. | |
91ZB Effect of endorsement on Northern Ireland licence holders | 20 |
Section 91B applies in relation to Northern Ireland licences as it applies | |
in relation to Community licences.” | |
78 Prohibition on holding or obtaining Great Britain and Northern Ireland | |
licences | |
(1) The Road Traffic Act 1988 (c. 52) is amended as follows. | 25 |
(2) In section 97 (grant of licences)— | |
(a) in subsection (1)(c), after sub-paragraph (i) there is inserted— | |
“(ia) any Northern Ireland licence held by him | |
together with its Northern Ireland counterpart | |
and its counterpart (if any) issued to him under | 30 |
this Part of this Act,”, | |
(b) after subsection (1A) there is inserted— | |
“(1AA) Where a licence under this Part of this Act is granted to a person | |
who surrenders under sub-paragraph (ia) of subsection (1)(c) | |
above his Northern Ireland licence together with the | 35 |
counterparts mentioned in that sub-paragraph to the Secretary | |
of State— | |
(a) that person ceases to be authorised by virtue of section | |
109(1) of this Act to drive in Great Britain a motor | |
vehicle of any class, and | 40 |
(b) the Secretary of State must send the Northern Ireland | |
licence and its Northern Ireland counterpart to the | |
licensing authority in Northern Ireland together with | |
particulars of the class of motor vehicles to which the | |
licence granted under this Part of this Act relates.” | 45 |
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