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[AS AMENDED IN STANDING COMMITTEE A] |
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make provision about road traffic, registration plates, vehicle and driver |
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information, trunk road picnic areas and private hire vehicles. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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Grants towards costs of road safety measures |
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For section 40 of the Road Traffic Act 1988 (c. 52) (power to subsidise |
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promotion of road safety by bodies other than local authorities) substitute— |
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(1) | A national transport authority may make payments to any local |
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authority or any other authority or body for meeting the whole or part |
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of the capital or running costs of any measures for promoting road |
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(2) | A “national transport authority” means— |
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(a) | the Secretary of State acting with the approval of the Treasury, |
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(b) | the National Assembly for Wales.” |
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2 | Graduated fixed penalties |
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(1) | The Road Traffic Offenders Act 1988 (c. 53) is amended as follows. |
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(2) | In section 53 (amount of fixed penalty), for subsections (2) and (3) substitute— |
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“(2) | Any order made under subsection (1)(a) above in relation to an offence |
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may make provision for the fixed penalty for the offence to be different |
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depending on the circumstances, including (in particular)— |
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(a) | the nature of the contravention or failure constituting the |
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(c) | the area, or sort of place, where it takes place, and |
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(d) | whether the offender appears to have committed any offence or |
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offences of a description specified in the order during a period |
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(3) | In section 84(2) (regulations about surcharge notices), for paragraphs (b) and |
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(b) | the amount of the penalty stated in the offer is less than the fixed |
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penalty applicable in the circumstances,”. |
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3 | Graduated fixed penalty points |
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(1) | Section 28 of the Road Traffic Offenders Act 1988 (c. 53) (penalty points to be |
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attributed to an offence) is amended as follows. |
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(2) | For subsection (3) substitute— |
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“(3) | For the purposes of sections 57(5) and 77(5) of this Act, the number of |
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penalty points to be attributed to an offence is— |
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(a) | where both a range of numbers and a number followed by the |
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words “(fixed penalty)” is shown in the last column of Part 1 of |
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Schedule 2 to this Act in relation to the offence, that number, |
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(b) | where a range of numbers followed by the words “or |
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appropriate penalty points (fixed penalty)” is shown there in |
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relation to the offence, the appropriate number of penalty |
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points for the offence, and |
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(c) | where only a range of numbers is shown there in relation to the |
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offence, the lowest number in the range. |
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(3A) | For the purposes of subsection (3)(b) above the appropriate number of |
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penalty points for an offence is such number of penalty points as the |
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Secretary of State may by order made by statutory instrument |
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(3B) | An order made under subsection (3A) above in relation to an offence |
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may make provision for the appropriate number of penalty points for |
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the offence to be different depending on the circumstances, including |
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(a) | the nature of the contravention or failure constituting the |
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(c) | the area, or sort of place, where it takes place, and |
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(d) | whether the offender appears to have committed any offence or |
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offences of a description specified in the order during a period |
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(3) | In subsection (7), in paragraph (b), after “penalty)” insert “or the words “or |
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appropriate penalty points (fixed penalty)””. |
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(4) | Before the word “and” at the end of that paragraph insert— |
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“(ba) | substitute the words “or appropriate penalty points (fixed |
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penalty)” for a number together with the words “(fixed |
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penalty)”, or substitute a number together with the words |
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“(fixed penalty)” for the words “or appropriate penalty points |
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(fixed penalty)”, in relation to an offence in the last column of |
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(5) | After subsection (8) insert— |
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“(8A) | Before making any order under subsection (3A) above the Secretary of |
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State must consult with such representative organisations as he thinks |
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(6) | In subsection (9), for “subsection (7) above” substitute “this section”. |
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4 | Giving of fixed penalty notices by vehicle examiners |
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Schedule 1 contains provision about the giving of fixed penalty notices by |
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vehicle examiners and connected matters. |
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5 | Goods vehicles operator licensing |
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(1) | The Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) is amended as |
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(2) | In subsection (1) of section 9 (duty of applicant for operator’s licence to notify |
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traffic commissioner of notifiable conviction subsequent to making of |
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application), insert at the end “or there is issued a notifiable fixed penalty |
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notice within the meaning given in paragraph 7 of that Schedule.” |
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(3) | In subsection (3)(b) of that section (offence of failing to notify conviction of |
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transport manager), insert at the end “or the issue to the transport manager of |
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a fixed penalty notice or conditional offer under Part 3 of the Road Traffic |
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Offenders Act 1988 in respect of such an offence.” |
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(4) | In subsection (1) of section 26 (revocation, suspension and curtailment of |
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operators’ licences), after paragraph (c) insert— |
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“(ca) | that during those five years a fixed penalty notice or conditional |
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offer has been issued under Part 3 of the Road Traffic Offenders |
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Act 1988 to the licence-holder in respect of an offence within |
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sub-paragraph (i) of paragraph (c) or to a servant or agent of the |
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licence-holder in respect of an offence within sub-paragraph (ii) |
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(5) | In paragraph (d) of that subsection, insert at the end “or an issue of a fixed |
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penalty notice or conditional offer under Part 3 of the Road Traffic Offenders |
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Act 1988 to the licence-holder or a servant or agent of his in respect of such an |
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(6) | In paragraph 1 of Schedule 2 (information about, and convictions of, applicants |
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for and holders of operators’ licences), after paragraph (f) insert— |
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“(fa) | particulars of any notifiable fixed penalty notices which have |
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been issued during those five years;”. |
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(7) | After paragraph 6 of that Schedule insert— |
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““Notifiable fixed penalty notices” |
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7 | In paragraph 1(fa) “notifiable fixed penalty notice” means any fixed |
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penalty notice or conditional offer under Part 3 of the Road Traffic |
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(a) | issued to a relevant person in respect of an offence such as is |
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mentioned in paragraph 5, or |
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(b) | issued to a servant or agent of a relevant person in respect of |
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an offence within paragraph 4(b).” |
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6 | Public passenger vehicle licensing |
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(1) | The Public Passenger Vehicles Act 1981 (c. 14) is amended as follows. |
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(2) | In section 19 (duty of applicant for PSV operator’s licence to inform traffic |
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commissioners of relevant convictions etc.), after subsection (2) insert— |
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“(2A) | For the purposes of subsections (1) and (2) above the issue to a person |
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of a fixed penalty notice or conditional offer under Part 3 of the Road |
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Traffic Offenders Act 1988 in respect of an offence prescribed for the |
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purposes of this Act is to be treated as if it were a relevant conviction of |
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(3) | In sub-paragraph (1) of paragraph 1 of Schedule 3 (supplementary provisions |
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as to qualifications for PSV operator’s licence), before the word “and” at the |
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end of paragraph (a) insert— |
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“(aa) | relevant fixed penalty notices issued to him and to his |
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(4) | In sub-paragraph (2) of that paragraph, before the word “and” at the end of |
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“(aa) | relevant fixed penalty notices issued to the company’s |
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officers, employees and agents;”. |
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(5) | After that sub-paragraph insert— |
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“(2A) | In sub-paragraphs (1)(aa) and (2)(aa) above “relevant fixed penalty |
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notice” means a fixed penalty notice or conditional offer issued |
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under Part 3 of the Road Traffic Offenders Act 1988 in respect of an |
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offence prescribed for the purposes of this Act.” |
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New system of endorsement |
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In the Road Traffic Offenders Act 1988 (c. 53), after section 97 insert— |
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“97A | Meaning of “driving record” |
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(1) | In this Act “driving record”, in relation to a person, means a record in |
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relation to the person maintained by the Secretary of State and |
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designed to be endorsed with particulars relating to offences |
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committed by the person under the Traffic Acts. |
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(2) | The Secretary of State may make arrangements for the following |
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persons to have access, by such means as the Secretary of State may |
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determine, to information held on a person’s driving record— |
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(c) | fixed penalty clerks, |
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(d) | the person in respect of whom the record is maintained and |
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persons authorised by him, and |
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(e) | other persons prescribed in regulations made by the Secretary |
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(3) | The power to make regulations under subsection (2)(e) above shall be |
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exercisable by statutory instrument. |
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(4) | A statutory instrument containing regulations made under subsection |
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(2)(e) above shall be subject to annulment in pursuance of a resolution |
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of either House of Parliament.” |
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8 | Unlicensed and foreign drivers |
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(1) | The Road Traffic Offenders Act 1988 (c. 53) is amended as follows. |
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(2) | In section 44 (endorsement of licences)— |
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(a) | after subsection (3) insert— |
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“(3A) | Where a person who is not the holder of a licence is convicted of |
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an offence involving obligatory endorsement, subsection (1) |
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above applies as if the reference to the counterpart of any |
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licence held by him were a reference to his driving record.”, and |
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(b) | for the heading substitute “Orders for endorsement”. |
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(3) | After that section insert— |
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“44A | Endorsement of driving record in accordance with order |
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(1) | Where the court orders the endorsement of a person’s driving record |
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with any particulars or penalty points it must send notice of the order |
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to the Secretary of State. |
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(2) | On receiving the notice, the Secretary of State must endorse those |
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particulars or penalty points on the person’s driving record. |
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(3) | A notice sent by the court to the Secretary of State in pursuance of this |
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section must be sent in such manner and to such address and contain |
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such particulars as the Secretary of State may require.” |
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(4) | In section 54 (notices on-the-spot etc.), after subsection (5) insert— |
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“(5A) | Where the offence appears to the constable or vehicle examiner to |
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involve obligatory endorsement, and the person is not the holder of a |
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licence, the constable or vehicle examiner may only give him a fixed |
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penalty notice under subsection (2) above in respect of the offence if the |
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constable or vehicle examiner is satisfied, on accessing information |
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held on his driving record, that he would not be liable to be disqualified |
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under section 35 of this Act if he were convicted of that offence. |
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(5B) | Subsection (5C) below applies where— |
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(a) | the offence appears to the constable or vehicle examiner to |
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involve obligatory endorsement, |
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(b) | the person concerned is not the holder of a licence, and |
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(c) | the constable or vehicle examiner is unable to satisfy himself, by |
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accessing information held on his driving record, that he would |
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not be liable to be disqualified under section 35 of this Act if he |
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were convicted of that offence. |
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(5C) | Where this subsection applies, the constable or vehicle examiner may |
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give the person a notice stating that if— |
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(a) | he delivers the notice in accordance with subsection (5D) below, |
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(b) | the person to whom it is delivered is satisfied, on accessing |
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information held on his driving record, that he would not be |
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liable to be disqualified under section 35 of this Act if he were |
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convicted of the offence, |
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| he will then be given a fixed penalty notice in respect of the offence. |
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(a) | if the notice is given by a constable, be made in person, within |
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seven days after the notice is given, to a constable or authorised |
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person at the police station specified in the notice (being a police |
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station chosen by the person concerned), or |
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(b) | if the notice is given by a vehicle examiner, be made (either by |
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post or in person), within fourteen days after the notice is given, |
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to the Secretary of State at the place specified in the notice. |
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(5E) | If a person to whom a notice has been given under subsection (5C) |
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above delivers the notice in accordance with subsection (5D) above, |
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and the person to whom it is delivered is satisfied, on accessing |
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information held on his driving record, that he would not be liable to |
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be disqualified under section 35 of this Act if he were convicted of the |
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offence, that person must give him a fixed penalty notice in respect of |
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the offence to which the notice under subsection (5C) relates.” |
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(5) | After section 57 insert— |
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“57A | Endorsement of driving records without hearings |
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(1) | Subject to subsection (2) below, where a person who is not the holder of |
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a licence has been given a fixed penalty notice under section 54 of this |
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Act in respect of an offence involving obligatory endorsement, his |
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driving record may be endorsed in accordance with this section |
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without any order of a court. |
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(2) | A person’s driving record may not be endorsed under this section if at |
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the end of the suspended enforcement period— |
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(a) | he has given notice, in the manner specified in the fixed penalty |
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notice, requesting a hearing in respect of the offence to which |
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the fixed penalty notice relates, and |
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(b) | the fixed penalty has not been paid in accordance with this Part |
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(3) | If payment of the fixed penalty is made before the end of the suspended |
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enforcement period and the person to whom the payment is made is the |
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fixed penalty clerk, the fixed penalty clerk must send to the Secretary of |
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State notice of the relevant particulars which are to be endorsed on the |
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(4) | Where any sum determined by reference to the fixed penalty is |
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registered under section 71 of this Act for enforcement against the |
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person as a fine in a case where the fixed penalty is required to be paid |
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to the fixed penalty clerk, the fixed penalty clerk must send to the |
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Secretary of State notice of the relevant particulars which are to be |
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endorsed on the person’s driving record— |
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(a) | if he is himself the person who registers the sum, on the |
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registration of that sum, and |
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(b) | in any other case, on being notified of the registration by the |
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person who registers that sum. |
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(5) | The Secretary of State must endorse the relevant particulars on the |
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person’s driving record if— |
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(a) | he receives notice of them under subsection (3) or (4) above, |
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(b) | the fixed penalty is paid to him before the end of the suspended |
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(c) | in a case where the fixed penalty is required to be paid to the |
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Secretary of State, any sum determined by reference to the fixed |
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penalty is registered under section 71 of this Act for |
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enforcement against the person as a fine. |
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(6) | References in this section to the relevant particulars are to— |
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(a) | particulars of the offence, including the date when it was |
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(b) | the number of penalty points to be attributed to the offence.” |
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(6) | Schedule 2 contains further amendments about the endorsement of driving |
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records in the case of unlicensed and certain foreign drivers. |
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(1) | The Road Traffic Offenders Act 1988 (c. 53) (as amended by section 8 and |
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Schedule 2) is amended as follows. |
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(2) | In section 44 (orders for endorsement)— |
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(a) | in subsection (1), for “the counterpart of any licence held by him” |
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substitute “his driving record”, and |
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(b) | omit subsection (3A). |
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(3) | Section 54 (notices on-the-spot etc.) is amended as follows. |
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(4) | For subsections (3) to (5E) substitute— |
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“(3) | Where the offence appears to the constable or vehicle examiner to |
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involve obligatory endorsement, the constable or vehicle examiner may |
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only give him a fixed penalty notice under subsection (2) above in |
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respect of the offence if— |
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(a) | the constable or vehicle examiner is satisfied, on accessing |
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information held on his driving record, that he would not be |
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liable to be disqualified under section 35 of this Act if he were |
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convicted of that offence, and |
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(b) | in the case of a person who is the holder of a licence, he |
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produces it for inspection by the constable or vehicle examiner |
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