Road Safety Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Road Safety Bill

Road Safety Bill
Schedule 3 — Endorsement: all drivers
75

49    (1)
Section 72 (notices on-the-spot etc.: when registration and endorsement
invalid) is amended as follows.
      (2)
Omit subsection (4).
      (3)
In subsection (5), omit “57 or”.
      (4)
Omit subsection (6).
5
50    (1)
Section 75 (issue of conditional offer) is amended as follows.
      (2)
In subsections (5) and (6), for “, 77 and 77A”, substitute “and 77A”.
      (3)
Omit subsection (8).
      (4)
In subsection (8A)—
(a)
omit “who is not the holder of a licence”, and
10
(b)
in paragraph (a), for the words after “offender” substitute—
“(i)
makes payment of the fixed penalty to the
appropriate person, and
(ii)
where he is the holder of a licence and the
offence to which the offer relates is an offence
15
involving obligatory endorsement, at the
same time delivers his licence to the
appropriate person, and”.
      (5)
In subsection (11A), for “, 77 and 77A”, substitute “and 77A”.
      (6)
Omit subsection (12).
20
51    (1)
Section 76 (effect of offer and payment of penalty) is amended as follows.
      (2)
In subsection (3)—
(a)
in paragraph (a), omit “inspecting the licence and its counterpart or
(where the alleged offender is not the holder of a licence)”, and
(b)
in paragraph (b), omit “and its counterpart”.
25
      (3)
In subsection (4), for “75(8)(a) or (8A)(a)” substitute “75(8A)(a)”.
      (4)
Omit subsection (8).
52
Omit section 77 (endorsement of counterparts where penalty paid).
53    (1)
Section 77A (endorsement of driving records where penalty paid) is
amended as follows.
30
      (2)
In subsection (1)—
(a)
omit “who is not the holder of a licence”,
(b)
after “to the appropriate person” insert “and (if he is the holder of a
licence) delivers his licence to the appropriate person”, and
(c)
insert at the end “together with any licence delivered under
35
paragraph (a) above”.
      (3)
In subsection (2)—
(a)
after “record” insert “and return any licence delivered to him under
this section to the alleged offender”,
(b)
omit “who is not the holder of a licence”, and
40
(c)
after “to him” insert “and (if he is the holder of a licence) delivers his
licence to him,”.

Road Safety Bill
Schedule 3 — Endorsement: all drivers
76

54    (1)
Section 83 (powers of court where clerk deceived) is amended as follows.
      (2)
Omit subsection (1).
      (3)
In subsection (1A), omit “also”.
      (4)
In subsection (2), omit—
(a)
“57 or”, and
5
(b)
“77 or”.
55
In section 84(1)(a) (regulations), for “54(4) or (5C) substitute “54(5)”.
56    (1)
Section 91ZA (application to Northern Ireland licence holders) is amended
as follows.
      (2)
In subsection (1)—
10
(a)
in paragraph (b), omit “and (9)(b)”,
(b)
omit paragraphs (d) to (f),
(c)
omit paragraphs (h) to (j),
(d)
in paragraph (k), omit “, (3) and (3A)”, and
(e)
omit paragraph (l).
15
      (3)
Omit subsections (3) to (6).
      (4)
In subsection (7)—
(a)
omit “and its counterpart (if any),”, and
(b)
for “their” substitute “its”.
      (5)
In subsection (8), omit “and its counterpart”.
20
      (6)
In subsection (9)—
(a)
in paragraph (a), for “subsection (5) above” substitute “section 44A
above of an order for the endorsement of a person’s driving record”,
and
(b)
in paragraph (b)(i), after “licence” insert “, or a person normally
25
resident in Northern Ireland who does not hold a licence,”.
57
Omit section 91ZB (effect of endorsement on Northern Ireland licence
holders).
58    (1)
Section 91A (application to Community licence holders) is amended as
follows.
30
      (2)
In subsection (1), for the words from “27” to “48(1) and (2)” substitute “and
32”.
      (3)
Omit subsections (2) to (4).
      (4)
In subsection (5)—
(a)
omit “and its counterpart (if any)”, and
35
(b)
for “their” substitute “its”.
      (5)
Omit subsection (6).
      (6)
For subsection (7) substitute—
“(7)
Where—

Road Safety Bill
Schedule 3 — Endorsement: all drivers
77

(a)
a notice is sent to the Secretary of State under section 44A
above for the endorsement of a person’s driving record with
any particulars or penalty points, and
(b)
the particulars contained in the notice include—
(i)
particulars of an offence in respect of which the
5
holder of a Community licence, or a person normally
resident in another EEA state who does not hold a
licence, is disqualified by an order of a court, and
(ii)
particulars of the disqualification,

the Secretary of State must send a notice containing the particulars
10
mentioned in paragraph (b)(i) and (ii) to the licensing authority in
the EEA state in respect of which the Community licence was issued
or, where the person disqualified is not the holder of a licence, the
licensing authority in the EEA state where the person is normally
resident.
15
(7A)
Where a Community licence has been sent to the Secretary of State in
pursuance of subsection (5) above, he must return the Community
licence to the holder—
(a)
on the expiry of the period of disqualification, or
(b)
if earlier, on being satisfied that the holder has left Great
20
Britain and is not normally resident there.”
      (7)
Omit subsections (8) to (10).
59
Omit section 91B (effect of endorsement on Community licence holders).
60
In section 98(1) (interpretation), omit ““counterpart”,”.
61    (1)
Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply) is amended
25
as follows.
      (2)
In the entry relating to section 99 of the Road Traffic Act 1988 (c. 52), omit
“and counterpart”.
      (3)
In the entry relating to section 164(6) of that Act, omit “and counterpart etc.”.
62    (1)
Part 1 of Schedule 2 (prosecution and punishment of offences: offences
30
under the Traffic Acts) is amended as follows.
      (2)
In the entries relating to the following provisions, omit “and counterpart”—
(a)
section 92(7C) of the Road Traffic Act 1988,
(b)
section 93(3) of that Act,
(c)
section 98A(7) of that Act,
35
(d)
section 99(5) of that Act,
(e)
section 118 of that Act,
(f)
section 26 of the Road Traffic Offenders Act 1988 (c. 53), and
(g)
section 27 of that Act.
      (3)
In the entry relating to section 164 of the Road Traffic Act 1988, omit “or
40
counterpart etc.”.
      (4)
In the entry relating to section 173 of that Act, omit ““counterparts of
Community licence,”.
63
In Schedule 5 (Scotland: additional offences open to conditional offer), in the
entry relating to section 99(5) of the Road Traffic Act 1988, omit—
45

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Schedule 3 — Endorsement: all drivers
78

(a)
“and its counterpart”, and
(b)
“and counterpart”.
Child Support Act 1991 (c. 48)
64    (1)
Section 40B of the Child Support Act 1991 (disqualification from driving:
further provision) is amended as follows.
5
      (2)
In subsection (4), omit the words from “and” to the end.
      (3)
In subsection (9)—
(a)
omit “and its counterpart”, and
(b)
for “their” substitute “its”.
Road Traffic (New Drivers) Act 1995 (c. 13)
10
65
The Road Traffic (New Drivers) Act 1995 is amended as follows.
66    (1)
Section 2 (surrender of licences) is amended as follows.
      (2)
For subsection (2) substitute—
“(2)
Where this subsection applies, the court must, together with the
notice of the order referred to in subsection (1)(d) required to be sent
15
to the Secretary of State under section 44A of the Road Traffic
Offenders Act 1988, send the person’s licence on its production to the
court.”
      (3)
In subsection (3)—
(a)
in paragraph (a), for “and its counterpart have” substitute “has”,
20
(b)
in paragraph (c)—
(i)
omit “appropriate person endorses the number of”, and
(ii)
for “on the counterpart of the licence” substitute “are to be
endorsed on the person’s driving record”, and
(c)
in paragraph (f)—
25
(i)
before “endorsed” insert “to be”, and
(ii)
for “counterpart of the licence” substitute “person’s driving
record”.
      (4)
In subsection (4)—
(a)
in paragraph (a)—
30
(i)
omit “and its counterpart”, and
(ii)
for “57(3) or (4) or 77(1)” substitute “57A(3) or (4) and 77(2)”,
and
(b)
in paragraph (b), insert at the end “together with the notice he is
required to send under section 57A or 77A of that Act of the
35
particulars to be endorsed on the person’s driving record”.
67
For section 3(1) (revocation of licences) substitute—
“(1)
Where the Secretary of State receives—
(a)
a notice sent to him under section 44A, 57A or 77A of the
Road Traffic Offenders Act 1988 of particulars required to be
40
endorsed on a person’s driving record, and

Road Safety Bill
Schedule 3 — Endorsement: all drivers
79

(b)
a person’s licence sent to him in accordance with section
2(2)(b) or (4),

the Secretary of State must by notice served on that person revoke the
licence.”
68
In section 9(5) (interpretation etc.), omit “and its counterpart” in both places.
5
69    (1)
Schedule 1 (newly qualified drivers holding test certificates) is amended as
follows.
      (2)
In paragraph 3—
(a)
in sub-paragraph (2), omit “and its counterpart”, and
(b)
in sub-paragraph (4)(a), omit “(with its counterpart)”.
10
      (3)
In paragraph 4—
(a)
for sub-paragraph (2) substitute—
    “(2)
The court must send to the Secretary of State, on its
production to the court, the person’s test certificate,
together with the notice of the order referred to in section
15
2(1)(d).”, and
(b)
in sub-paragraph (4), for the words following “State” substitute “the
person’s test certificate together with the notice he is required to
send under section 57A or 77A of the particulars to be endorsed on
the person’s driving record”.
20
      (4)
In paragraph 5(1)—
(a)
for “paragraph 4” substitute “section 44A, 57A or 77A of the Road
Traffic Offenders Act 1988”,
(b)
for “or endorsed on the counterpart of a person’s licence” substitute
“on a person’s driving record”, and
25
(c)
for “(4)(b)” substitute “(4)”.
      (5)
In paragraph 7—
(a)
for sub-paragraph (2) substitute—
    “(2)
The court must, together with the notice of the order
referred to in section 2(1)(d), send to the Secretary of
30
State—
(a)
on its production to the court, the person’s licence,
and
(b)
on its production to the court, the person’s test
certificate.”, and
35
(b)
in sub-paragraph (4)—
(i)
in paragraph (a), omit “and its counterpart”,
(ii)
in that paragraph, for “57(3) or (4) or 77(1)” substitute “57A(3)
or (4) or 77(2)”, and
(iii)
in paragraph (b), insert at the end “together with the notice he
40
is required to send under section 57A or 77A of the Road
Traffic Offenders Act of the particulars to be endorsed on the
person’s driving record.”
      (6)
In paragraph 8(1)(a),—
(a)
for “paragraph 7(2)(a)” substitute “section 44A, 57A or 77A of the
45
Road Traffic Offenders Act 1988”,

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Schedule 3 — Endorsement: all drivers
80

(b)
for “the counterpart of a person’s driving licence” substitute “a
person’s driving record,
(c)
omit “and its counterpart”, and
(d)
for “7(2)(b)” substitute “7(2)(a)”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
5
70
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
71    (1)
Section 146 (driving disqualification for any offence) is amended as follows.
      (2)
In subsection (4)—
(a)
in paragraph (a), omit “together with its counterpart”, and
(b)
in paragraphs (aa) and (b), omit “and its counterpart (if any).
10
      (3)
In subsection (5), omit the definition of “counterpart”.
72    (1)
Section 147 (driving disqualification where vehicle used for purposes of
crime) is amended as follows.
      (2)
In subsection (5)—
(a)
in paragraph (a), omit “together with its counterpart”, and
15
(b)
in paragraphs (aa) and (b), omit “and its counterpart (if any)”.
      (3)
In subsection (7), for “and “counterpart” have the meanings” substitute “has
the meaning”.
Crime (International Co-operation) Act 2003 (c. 32)
73
The Crime (International Co-operation) Act 2003 is amended as follows.
20
74    (1)
Section 63 (production of licence: Great Britain) is amended as follows.
      (2)
Omit “and its counterpart” in each place.
      (3)
In subsection (3)(b), for “them” substitute “it”.
      (4)
In subsection (7), omit the second sentence.
75    (1)
Section 64 (production of licence: Northern Ireland) is amended as follows.
25
      (2)
Omit “and its counterpart” in each place.
      (3)
In subsection (3)(b) and (4)(b), for “them” substitute “it”.
      (4)
In subsection (7), omit the second sentence.
76    (1)
Section 68 (endorsement of licence: Great Britain) is amended as follows.
      (2)
For subsections (2) to (5) substitute—
30
“(2)
The Secretary of State must secure that the particulars of the
disqualification are endorsed on the person’s driving record until the
end of the period for which the endorsement remains effective.
(3)
At the end of the period for which the endorsement remains effective
the Secretary of State must remove the endorsement from the
35
person’s driving record.”

Road Safety Bill
Schedule 4 — Driving instruction
81

      (3)
For subsection (7) substitute—
“(7)
Where the person ceases to be disqualified by virtue of section 57(6),
the Secretary of State must endorse the relevant particulars on his
driving record.

In this section and section 69 “driving record” has the meaning given
5
by section 97A of the Road Traffic Offenders Act 1988.”
77    (1)
Section 69 (endorsement of licence: Northern Ireland) is amended as follows.
      (2)
For subsections (2) to (5) substitute—
“(2)
The Department must secure that the particulars of the
disqualification are endorsed on the person’s driving record until the
10
end of the period for which the endorsement remains effective.
(3)
At the end of the period for which the endorsement remains effective
the Department must secure that the endorsement is removed from
the person’s driving record.”
      (3)
For subsection (7) substitute—
15
“(7)
Where the person ceases to be disqualified by virtue of section 57(6),
the Department must secure that the relevant particulars are
endorsed on his driving record.”
78    (1)
In section 74(1) (interpretation), omit the definition of “counterpart”.
Criminal Justice Act 2003 (c. 44)
20
79    (1)
Section 301 of the Criminal Justice Act 2003 (fine defaulters: driving
disqualification) is amended as follows.
      (2)
In subsection (6)—
(a)
in paragraph (a), omit “together with its counterpart”, and
(b)
in paragraph (b), omit “and its counterpart (if any)”.
25
      (3)
In subsection (7), omit the definition of “counterpart”.
Schedule 4
Section 32

Driving instruction
Road Traffic Act 1988 (c. 52)
1
The Road Traffic Act 1988 is amended as follows.
30
2
For section 123 (instruction in the driving of motor cars to be given only by
registered or licensed person) and the heading before it substitute—
“Instructors and instruction businesses to be registered
123
Requirement of registration
(1)
A person—
35