Road Safety Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Road Safety Bill

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substitute—
“34A
Reduced disqualification for attendance on courses
(1)
This section applies where—
(a)
a person is convicted of a relevant drink offence or a specified
offence by or before a court, and
5
(b)
the court makes an order under section 34 of this Act
disqualifying him for a period of not less than twelve months.
(2)
In this section “a relevant drink offence” means—
(a)
an offence under paragraph (a) of subsection (1) of section 3A of
the Road Traffic Act 1988 (causing death by careless driving
10
when unfit to drive through drink) committed when unfit to
drive through drink,
(b)
an offence under paragraph (b) of that subsection (causing
death by careless driving with excess alcohol),
(c)
an offence under paragraph (c) of that subsection (failing to
15
provide a specimen) where the specimen is required in
connection with drink or consumption of alcohol,
(d)
an offence under section 4 of that Act (driving or being in charge
when under influence of drink) committed by reason of
unfitness through drink,
20
(e)
an offence under section 5(1) of that Act (driving or being in
charge with excess alcohol),
(f)
an offence under section 7(6) of that Act (failing to provide a
specimen) committed in the course of an investigation into an
offence within any of the preceding paragraphs, or
25
(g)
an offence under section 7A(6) of that Act (failing to allow a
specimen to be subjected to a laboratory test) in the course of an
investigation into an offence within any of the preceding
paragraphs.
(3)
In this section “a specified offence” means—
30
(a)
an offence under section 3 of the Road Traffic Act 1988 (careless,
and inconsiderate, driving),
(b)
an offence under section 36 of that Act (failing to comply with
traffic signs),
(c)
an offence under section 17(4) of the Road Traffic Regulation
35
Act 1984 (use of special road contrary to scheme or regulations)
or
(d)
an offence under section 89(1) of that Act (exceeding speed
limit).
(4)
But the Secretary of State may by regulations amend subsection (3)
40
above by adding other offences or removing offences.
(5)
Where this section applies, the court may make an order that the period
of disqualification imposed under section 34 of this Act (“the
unreduced period”) shall be reduced if, by the relevant date, the
offender satisfactorily completes an approved course specified in the
45
order.
(6)
In subsection (5) above—

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“the relevant date” means such date, at least two months before
the last day of the period of disqualification as reduced by the
order, as is specified in the order, and
“an approved course” means a course approved by the
appropriate national authority for the purposes of this section
5
in relation to the description of offence of which the offender is
convicted.
(7)
The reduction made in a period of disqualification by an order under
this section is a period specified in the order of—
(a)
not less than three months, and
10
(b)
not more than one quarter of the unreduced period,

(and, accordingly, where the unreduced period is twelve months, the
reduced period is nine months).
(8)
A court shall not make an order under this section in the case of an
offender convicted of a specified offence if—
15
(a)
the offender has, during the period of three years ending with
the date on which the offence was committed, committed a
specified offence and successfully completed an approved
course pursuant to an order made under this section or section
30A of this Act on conviction of that offence, or
20
(b)
the specified offence was committed during his probationary
period.
(9)
A court shall not make an order under this section in the case of an
offender unless—
(a)
it is satisfied that a place on the course specified in the order will
25
be available for the offender,
(b)
the offender appears to the court to be of or over the age of 17,
(c)
the court has informed the offender (orally or in writing and in
ordinary language) of the effect of the order and of the amount
of the fees which he is required to pay for the course and when
30
he must pay them, and
(d)
the offender agrees that the order should be made.
34B
Certificates of completion of courses
(1)
An offender shall be regarded for the purposes of section 34A of this
Act as having completed a course satisfactorily if (and only if) a
35
certificate that he has done so is received by the proper officer of the
supervising court before the end of the unreduced period.
(2)
If a certificate under subsection (1) above is so received before the end
of the unreduced period but after the end of the period which would
(apart from this subsection) be the reduced period, the reduced period
40
is to be taken to end with the day on which the certificate is so received.
(3)
A certificate under subsection (1) above is to be given by the course
provider and shall be in such form, and contain such particulars, as
may be prescribed by, or determined in accordance with, regulations
made by the appropriate national authority.
45
(4)
A course provider must give a certificate under subsection (1) above to
the offender not later than fourteen days after the date specified in the

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order as the latest date for the completion of the course unless the
offender—
(a)
fails to make due payment of fees for the course,
(b)
fails to attend the course in accordance with the course
provider’s reasonable instructions, or
5
(c)
fails to comply with any other reasonable requirement of the
course provider.
(5)
Where a course provider decides not to give a certificate under
subsection (1) above to the offender, he shall give written notice of the
decision to the offender as soon as possible, and in any event not later
10
than fourteen days after the date specified in the order as the latest date
for completion of the course.
(6)
An offender to whom a notice is given under subsection (5) above may,
within such period as may be prescribed by rules of court, apply to the
supervising court, or (if the supervising court is not the Crown Court,
15
the High Court of Justiciary or the relevant local court) to either the
supervising court or the relevant local court, for a declaration that the
course provider’s decision not to give a certificate under subsection (1)
above was contrary to subsection (4) above.
(7)
If the court grants the application, section 34A of this Act shall have
20
effect as if the certificate had been duly received by the proper officer of
the supervising court.
(8)
If fourteen days after the date specified in the order as the latest date for
completion of the course the course provider has given neither a
certificate under subsection (1) above nor a notice under subsection (5)
25
above, the offender may, within such period as may be prescribed by
rules of court, apply to supervising court, or (if the supervising court is
not the Crown Court, the High Court of Justiciary or the relevant local
court) to either the supervising court or the relevant local court, for a
declaration that the course provider is in default.
30
(9)
If the court grants the application, section 34A of this Act shall have
effect as if the certificate had been duly received by the proper officer of
the supervising court.
(10)
A notice under subsection (5) above shall specify the ground on which
it is given; and the appropriate national authority may by regulations
35
make provision as to the form of notices under that subsection and as
to the circumstances in which they are to be treated as given.
(11)
Where the proper officer of a court receives a certificate under
subsection (1) above, or a court grants an application under subsection
(6) or (8) above, the proper officer or court must send notice of that fact
40
to the Secretary of State; and the notice must be sent in such manner
and to such address, and must contain such particulars, as the Secretary
of State may determine.
34BA
Approval of courses
(1)
If an application is made to the appropriate national authority for the
45
approval of a course for the purposes of section 34A of this Act, the
appropriate national authority must decide whether to grant or refuse
the application.

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(2)
In reaching that decision the appropriate national authority must have
regard to—
(a)
the nature of the course, and
(b)
whether the course provider is an appropriate person to
provide the course and administer its provision efficiently and
5
effectively,
and may take into account any recommendations made by any persons
appointed to consider the application.
(3)
A course may be approved subject to conditions specified by the
appropriate national authority.
10
(4)
An approval of a course is for the period specified by the appropriate
national authority (which must not exceed seven years), subject to
withdrawal of approval.
(5)
Regulations made by the appropriate national authority may make
provision in relation to the approval of courses and may, in particular,
15
include provision—
(a)
in relation to the making of applications for approval,
(b)
for the payment in respect of applications for approval, or of approvals,
(or of both) of fees of such amounts as are prescribed by the regulations,
(c)
specifying the maximum fees that a person may be required to
20
pay for a course and when they are to be paid,
(d)
for the monitoring of courses and course providers,
(e)
in relation to withdrawing approval,
(f)
for an appeal to lie to the Transport Tribunal against a refusal of
an application for approval, the imposition of conditions on the
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grant of such an application or the withdrawal of approval, and
(g)
authorising the appropriate national authority to make available (with
or without charge) information about courses and course providers.
34C
Provisions supplementary to sections 34A to 34BA
(1)
The appropriate national authority may issue guidance to course
30
providers, or to any category of course provider, as to the conduct of
courses approved for the purposes of section 34A of this Act; and—
(a)
course providers shall have regard to any guidance given to
them under this subsection, and
(b)
in determining for the purposes of section 34B of this Act
35
whether any instructions or requirements of a course provider
were reasonable, a court shall have regard to any guidance
given to him under this subsection.
(2)
The Secretary of State may by regulations make provision—
(a)
amending section 34A(1)(b) of this Act by substituting for the
40
period for the time being specified there a different period,
(b)
amending section 34A(7) of this Act by substituting for the
period for the time being specified there a different period, or by
substituting for the fraction of the unreduced period for the
time being specified there a different fraction of that period, (or
45
by doing both), or
(c)
amending section 34A(8)(a) of this Act by substituting for the
period for the time being specified there a different period.

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(3)
In sections 34A to 34BA of this Act and this section—
“appropriate national authority” means (as respects Wales) the
National Assembly for Wales and (otherwise) the Secretary of
State;
“course provider”, in relation to a course, means the person by
5
whom it is, or is to be, provided;
“probationary period” has the meaning given in section 1 of the
Road Traffic (New Drivers) Act 1995;
“proper officer” means—
(a)
in relation to a magistrates’ court in England and Wales,
10
the designated officer for the court, and
(b)
otherwise, the clerk of the court;
“relevant local court”, in relation to an order under section 34A of
this Act in the case of an offender, means—
(a)
in England and Wales, a magistrates’ court acting for the
15
local justice area in which the offender resides, and
(b)
in Scotland, the sheriff court for the district where the
offender resides or, where the order is made by a
stipendiary magistrate and the offender resides within
his commission area, the district court for that area;
20
“supervising court”, in relation to an order under section 34A of
this Act, means—
(a)
in England and Wales, if the Crown Court made the
order the Crown Court and otherwise a magistrates’
court acting in the same local justice area as the court
25
which made the order, and
(b)
in Scotland, the court which made the order.
(4)
Any power to make regulations under section 34A, 34B or 34BA of this
Act or this section includes power to make different provision for
different cases, and to make such incidental or supplemental provision
30
as appears necessary or expedient.
(5)
Any power to make regulations under section 34A, 34B or 34BA of this
Act or this section shall be exercisable by statutory instrument.
(6)
No regulations shall be made under section 34A of this Act or this
section unless a draft of the regulations has been laid before, and
35
approved by a resolution of, each House of Parliament.
(7)
A statutory instrument containing regulations made under section 34B
or 34BA of this Act by the Secretary of State shall be subject to
annulment in pursuance of a resolution of either House of Parliament.”
Driving standards
40
26
Driving tests
(1)
Section 89 of the Road Traffic Act 1988 (c. 52) (driving tests) is amended as
follows.
(2)
In subsection (3) (regulations about nature of tests)—
(a)
in paragraph (a), insert at the end “and the administrative
45
arrangements for submitting for such tests”, and

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(b)
after paragraph (b) insert—
“(ba)
the duty of a person submitting himself for a test to
produce, and in prescribed circumstances surrender,
any licence previously granted to him,”.
(3)
In subsection (4) (provision that may be included in regulations under
5
subsection (3))—
(a)
for “In particular, regulations may, without prejudice to the generality
of subsection (3) above,” substitute “Regulations under subsection
(3)(a) above may in particular”,
(b)
in paragraph (a) (provision by person submitting himself for driving
10
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”,
(c)
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
15
has been certified in the prescribed manner after a prescribed
inspection as satisfying such requirements as may be prescribed,”, and
(d)
for paragraph (b) substitute—
“(b)
for the charging (whether on the making of an appointment for
a test or otherwise) of reasonable fees for or in connection with
20
the test and any inspection of a vehicle required by regulations
under paragraph (a) above in relation to the test,”.
(4)
In subsection (5) (driving tests in parts), omit paragraph (b) and the word
“and” before it.
(5)
After that subsection insert—
25
“(5ZA)
Regulations under subsection (3)(b) above may in particular provide—
“(a)
for the supply by the Secretary of State to persons by whom
tests of competence to drive, or parts of such tests, may be
conducted of forms for certificates evidencing the results of
such tests or parts of such tests, and
30
(b)
for the charging of reasonable fees in respect of the exercise of any
function conferred or imposed on the Secretary of State by the
regulations.”
(6)
In section 91 of that Act (repayment of test fees), for “A fee” substitute “The
whole or any part of a fee”.
35
27
Disqualification until test is passed
(1)
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.
(2)
In subsection (3) (order to be made in case of person disqualified in
circumstances, or for period, prescribed by order)—
40
(a)
for “in such circumstances or for such period” substitute “for such
period, in such circumstances or for such period in such
circumstances”,
(b)
for “prescribe” substitute “specify”, and
(c)
for “may be so prescribed” substitute “the Secretary of State may by
45
order specify”.

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(3)
In subsection (5) (interpretation), for the definition of “appropriate driving
test” substitute—
““appropriate driving test” means—
(a)
in such circumstances as the Secretary of State may
prescribe, an extended driving test, and
5
(b)
otherwise, a test of competence to drive which is not an
extended driving test,”;

and, in the definition of “extended driving test”, after “section” insert “by
regulations made by the Secretary of State”.
(4)
In subsection (8) (disqualification to expire on production in accordance with
10
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”.
(5)
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
15
“under that section” substitute “made by the Secretary of State”.
(6)
In section 88(2)(b) of the Road Traffic Offenders Act 1988 (c. 53) (procedure for
regulations and orders: requirement for consultation), after “section” insert “36
or”.
(7)
In section 173(2) of the Road Traffic Act 1988 (c. 52) (forgery of documents etc.),
20
insert at the end “and
(n)
any document produced as evidence of the passing of an
appropriate driving test within the meaning of section 36 of that
Act.”
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Granting of full licence
25
(1)
In section 89(1) of the Road Traffic Act 1988 (licence not to be granted unless
conditions satisfied), for—
(a)
the words in paragraph (a) before sub-paragraph (i), and
(b)
the words from “that” to “passed” in paragraphs (c) and (e),

substitute “that he has, at such time or within such period as is prescribed,
30
passed”.
(2)
In section 97 of that Act (grant of licences), after subsection (1) insert—
“(1ZA)
Regulations may provide that in prescribed circumstances a licence
granted by the Secretary of State may be granted subject to prescribed
conditions having effect—
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(a)
for a prescribed period, or
(b)
until the happening of a prescribed event.”
(3)
In section 98(1)(c) of that Act (provisional licence to specify conditions subject
to which it is granted)—
(a)
omit “in the case of a provisional licence”, and
40
(b)
for “the conditions” substitute “any conditions”.