Road Safety Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Road Safety Bill

Road Safety Bill
Schedule 2 — Endorsement: unlicensed and foreign drivers
64

(iii)
in a case where it was committed in Scotland, he must
send the certificate to the clerk of a court of summary
jurisdiction for the area in which the offence was
committed.”
      (3)
In subsection (2), after paragraph (a) insert “or” and after paragraph (c)
5
insert “or
(d)
if it appears to him that the defaulter does not reside in
England, Wales or Scotland—
(i)
in a case where the offence to which the fixed penalty
notice or conditional offer relates was committed in
10
the area of the court, he must register that sum for
enforcement as a fine by that court,
(ii)
in a case where it was committed in an area of any
other court of summary jurisdiction in Scotland, he
must send the certificate to the clerk of that court, and
15
(iii)
in a case where it was committed in England or
Wales, he must send the certificate to the designated
officer for the local justice area in which the offence
was committed.”
      (4)
An order under section 48 may provide that sub-paragraphs (1) to (3) are to
20
come into force only in relation to an area specified in the order.
      (5)
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.
25
22    (1)
Section 72 (notices on-the-spot or at a police station: when registration and
endorsement invalid) is amended as follows.
      (2)
After subsection (4) insert—
“(4A)
Where in any case within subsection (2)(a) above the driving record
of the person to whom the relevant fixed penalty notice was given
30
was endorsed under section 57A of this Act in respect of the offence
in respect of which the notice was given, the endorsement shall be
void.”
      (3)
In subsection (5)(a), after “57” insert “or 57A”.
      (4)
After subsection (6) insert—
35
“(6A)
The proper officer of the relevant court must send notice to the
Secretary of State of any endorsement of a person’s driving record
that is void by virtue of this section and the Secretary of State must
adjust the endorsements on that record accordingly.”
23    (1)
Section 75 (issue of conditional offer) is amended as follows.
40
      (2)
In subsection (5), for “and 77” substitute “, 77 and 77A”.
      (3)
In subsection (6), for “and 77” substitute “, 77 and 77A”.
      (4)
In subsection (8), after “conditional offer” insert “sent to an alleged offender
who is the holder of a licence”.

Road Safety Bill
Schedule 2 — Endorsement: unlicensed and foreign drivers
65

      (5)
After subsection (8) insert—
“(8A)
A conditional offer sent to an alleged offender who is not the holder
of a licence must indicate that if the following conditions are fulfilled,
that is—
(a)
within the period of twenty-eight days following the date on
5
which the offer was issued, or such longer period as may be
specified in the offer, the alleged offender makes payment of
the fixed penalty to the appropriate person, and
(b)
the appropriate person is satisfied, on accessing information
held on the driving record of the alleged offender, that if he
10
were convicted of the offence, he would not be liable to be
disqualified under section 35 of this Act,

any liability to conviction of the offence shall be discharged.”
      (6)
In subsection (9)—
(a)
for “condition” substitute “conditions”, and
15
(b)
after “(8)(b)” insert “and (8A)(b)”.
      (7)
In subsection (11A), for “and 77” substitute “, 77 and 77A”.
24    (1)
Section 76 (effect of offer and payment of penalty) is amended as follows.
      (2)
In subsection (3)—
(a)
in paragraph (a), after “counterpart” insert “or (where the alleged
20
offender is not the holder of a licence) accessing information held on
his driving record”, and
(b)
in paragraph (b), after “with” insert “(where he is the holder of a
licence)”.
      (3)
In subsection (4), after “75(8)(a)” insert “or (8A)(a)”.
25
25    (1)
Section 77 (endorsement where penalty paid) is amended as follows.
      (2)
In subsection (1)(a), after “a person” insert “who is the holder of a licence”.
      (3)
In the heading, after “endorsement” insert “of counterparts”.
26
After that section insert—
“77A
Endorsement of driving records where penalty paid
30
(1)
Where—
(a)
in pursuance of a conditional offer issued under subsection
(1), (2) or (3) of section 75 of this Act a person who is not the
holder of a licence (referred to in this section as the “alleged
offender”) makes payment of the fixed penalty to the fixed
35
penalty clerk, and
(b)
proceedings against the alleged offender for the offence to
which the conditional offer relates are excluded by section 76
of this Act,

the fixed penalty clerk must forthwith send to the Secretary of State
40
notice of the relevant particulars to be endorsed on the alleged
offender’s driving record.
(2)
The Secretary of State must endorse the relevant particulars on a
person’s driving record—
(a)
on receiving notice under subsection (1) above, or
45

Road Safety Bill
Schedule 2 — Endorsement: unlicensed and foreign drivers
66

(b)
if, in pursuance of a conditional offer issued under subsection
(1A) or (3B) of section 75 of this Act, a person who is not the
holder of a licence (also referred to in this section as the
“alleged offender”) makes payment of the fixed penalty to
him and proceedings against the alleged offender are
5
excluded by section 76 of this Act.
(3)
Where in Scotland the appropriate person is the fixed penalty clerk
and it appears to him that there is an error in an endorsement made
by virtue of this section on a person’s driving record, he may send to
the Secretary of State notice of the error.
10
(4)
Subject to subsection (5) below, where a cheque tendered in payment
is subsequently dishonoured—
(a)
any endorsement made by the Secretary of State under
subsection (2) above remains effective notwithstanding that
the alleged offender is still liable to prosecution in respect of
15
the alleged offence to which the endorsement relates, and
(b)
unless the appropriate person is the Secretary of State, the
appropriate person must upon expiry of the period specified
in the conditional offer or, if the period has expired, forthwith
notify the person required to be notified that no payment has
20
been made.
(5)
When proceedings are brought against an alleged offender where
subsection (4) above applies, the court—
(a)
must order the removal of the fixed penalty endorsement
from the driving record of the alleged offender,
25
(b)
may, on finding the alleged offender guilty, make any
competent order of endorsement or disqualification and pass
any competent sentence, and
(c)
must send to the Secretary of State notice of any order made
under paragraph (a) or (b) above.
30
(6)
On receiving notice under subsection (3) above, the Secretary of State
may correct the error in the endorsement on the driving record; and
any endorsement corrected shall be treated for all purposes as if it
had been correctly made on receipt of the fixed penalty.
(7)
On receiving a notice under subsection (5)(c) above, the Secretary of
35
State must make any necessary adjustments to the endorsements on
the alleged offender’s driving record.
(8)
The references in subsection (1) and (2) above to the relevant
particulars is to—
(a)
particulars of the offence, including the date when it was
40
committed, and
(b)
the number of penalty points to be attributed to the offence.
(9)
Where a person’s driving record is endorsed under this section he
shall be treated for the purposes of sections 13(4), 28, 29 and 45A of
this Act and of the Rehabilitation of Offenders Act 1974 as if—
45
(a)
he had been convicted of the offence,
(b)
the endorsement had been made in pursuance of an order
made on his conviction by a court under section 44 of this Act,
and

Road Safety Bill
Schedule 2 — Endorsement: unlicensed and foreign drivers
67

(c)
the particulars of the offence endorsed by virtue of subsection
(8)(a) above were particulars of his conviction of that offence.
(10)
In relation to any endorsement of a person’s driving record under
this section, the reference to section 13(4) of this Act to any order
made on a person’s conviction is to be read a reference to the
5
endorsement itself.”
27    (1)
Section 83 (powers of court where clerk deceived) is amended as follows.
      (2)
After subsection (1) insert—
“(1A)
This section also applies where—
(a)
particulars are endorsed on a person’s driving record under
10
section 57A of this Act because the fixed penalty clerk or the
Secretary of State is deceived as to whether endorsement
under that section is excluded by section 61A(2) of this Act by
virtue of the fact that the person to whom the fixed penalty
notice was given would be liable to be disqualified under
15
section 35 of this Act if he were convicted of the offence, or
(b)
particulars are endorsed on a person’s driving record under
section 77A of this Act because the appropriate person or
court is deceived as to whether proceedings against the
person are excluded by section 76 of this Act by virtue of the
20
fact that the person to whom the conditional offer is issued
would be liable to be disqualified under section 35 of this Act
if he were convicted of the offence.”
      (3)
In subsection (2)—
(a)
in paragraph (a), for “licence holder” substitute “person to whom the
25
fixed penalty notice was given or conditional offer was issued”,
(b)
in paragraph (b), for “the licence holder” substitute “he”,
(c)
after “57” insert “or 57A”, and
(d)
after “77” insert “or 77A”.
28
In section 84(1) (regulations), after “54(4)” insert “or (5C)”.
30
29
After section 84 insert—
“84A
Notices to Secretary of State
Any notice sent to the Secretary of State under this Part must be sent
in such manner and to such address and contain such particulars as
the Secretary of State may determine.”
35
30
In section 91ZA(1) (application to Northern Ireland licence holders)—
(a)
in paragraph (i), after “44(1)” insert “and (3A)”, and
(b)
in paragraph (k), for “and (3)” substitute “, (3) and (3A)”.
31
In section 91A(1) (application to Community licence holders)—
(a)
after “44(1)” insert “and (3A)”, and
40
(b)
after “47(3)” insert “and (3A)”.
Child Support Act 1991 (c. 48)
32
In section 40B(9) of the Child Support Act 1991 (disqualification from
driving: further provision), for “the driving” substitute “any driving”.