Road Safety Bill

House of Commons

Session 2004 - 05
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Road Safety Bill

Road Safety Bill
Schedule 3 — Endorsement: all drivers
69

Schedule 3
Section 9

Endorsement: all drivers
Public Passenger Vehicles Act 1981 (c. 14)
1     (1)
Section 24 of the Public Passenger Vehicles Act 1981 (regulation of conduct
of drivers, inspectors and conductors) (as amended by Schedule 2) is
5
amended as follows.
      (2)
In subsection (2), for the words from “cause particulars” to the end substitute
“send notice of the particulars of the conviction to the Secretary of State
requiring the Secretary of State to endorse them on the person’s driving
record (within the meaning of section 97A of the Road Traffic Offenders Act
10
1988)”.
      (3)
Omit subsection (3).
Road Traffic Act 1988 (c. 52)
2
The Road Traffic Act 1988 is amended as follows.
3
In section 88(6) (requirement for driving licence: exceptions), omit
15
“, counterparts of licences”.
4
In section 92(7ZB)(a) and (7C) (requirements as to physical fitness of
drivers), omit “and its counterpart”.
5     (1)
Section 93 (revocation of licence because of disability or prospective
disability) is amended as follows.
20
      (2)
In subsections (2)(b) and (3), omit “and its counterpart”.
      (3)
In subsection (4)(a)—
(a)
omit “or its counterpart”, and
(b)
for “them” substitute “it”.
      (4)
In subsection (4)(b)—
25
(a)
for “them” substitute “it”, and
(b)
for “their” substitute “its”.
6     (1)
Section 97 (grant of licences) is amended as follows.
      (2)
In subsection (1)(c)—
(a)
in sub-paragraph (i), omit “and its counterpart”,
30
(b)
in sub-paragraph (ia), omit the words from “together” to the end, and
(c)
in sub-paragraph (ii), omit “and its counterpart (if any) issued to
him”.
      (3)
In subsection (1AA), omit—
(a)
“together with the counterparts mentioned in that sub-paragraph”,
35
and
(b)
“and its Northern Ireland counterpart”.
7
In section 98(1)(c) (form of licence), omit “or its counterpart”.
8     (1)
Section 98A (compulsory surrender of old-form licences) (inserted by
section 29) is amended as follows.
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Road Safety Bill
Schedule 3 — Endorsement: all drivers
70

      (2)
In subsection (1), omit “and their counterparts”.
      (3)
In subsection (3), omit “(and their counterparts)”.
      (4)
In subsection (4), omit “(with its counterpart)”.
      (5)
In subsection (7), omit “and its counterpart”.
9     (1)
Section 99 (duration of licences) is amended as follows.
5
      (2)
In subsection (2A), omit “and its counterpart”.
      (3)
In subsection (3)—
(a)
omit paragraph (aa),
(b)
in paragraph (b), omit “or in its counterpart”, and
(c)
omit “and its counterpart”.
10
      (4)
In subsection (4), omit “and its counterpart”.
      (5)
In subsection (6)—
(a)
omit “and its counterpart”, in both places,
(b)
for “them”, in both places, substitute “it”, and
(c)
for “their” substitute “its”.
15
      (6)
In subsection (7), omit “and its counterpart”.
      (7)
In subsection (7ZA) (inserted by section 30), omit “and its counterpart”.
10
In section 99A (authorisation to drive in Great Britain), omit subsections (5)
and (6).
11    (1)
Section 99B (information about resident Community licence holders) is
20
amended as follows.
      (2)
Omit subsection (3).
      (3)
In subsection (4), for “subsections (1) and (3)” substitute “subsection (1)”.
      (4)
In subsection (5), for “a Community licence delivered to him (whether or not
in pursuance of this section) in such manner as he may determine” substitute
25
“the driving record of a person who delivers to him a Community licence
(whether or not in pursuance of this section)”.
      (5)
Omit subsection (6).
      (6)
For subsection (7) substitute—
“(7)
Where the name of a Community licence holder as specified in his
30
Community licence ceases to be correct, he must deliver his
Community licence immediately to the Secretary of State and
provide him with particulars of the alterations falling to be made in
the name on it.”
      (7)
Omit subsection (8).
35
      (8)
In subsection (9), after “endorse the Community licence” insert “and that
person’s driving record”.
      (9)
In subsection (11)(b), omit “(6) or”.
     (10)
Omit subsection (12).

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Schedule 3 — Endorsement: all drivers
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12    (1)
Section 99C (revocation of authorisation conferred by Community licence
because of disability or prospective disability) is amended as follows.
      (2)
In subsections (1) to (4), omit “and its counterpart (if any)” in each place.
      (3)
Omit subsection (5).
13    (1)
Section 105 (regulations) is amended as follows.
5
      (2)
In subsection (2)—
(a)
in paragraph (a), for “Community licences and counterparts of such
licences” substitute “and Community licences”,
(b)
in paragraph (b), after sub-paragraph (i) insert “or” and omit sub-
paragraph (iii) and the word “or” before it,
10
(c)
in paragraph (e), omit “and counterparts of licences” and “or
counterparts of licences”, and
(d)
omit paragraph (ea).
      (3)
In subsection (5), for “and 91ZA to 91B” substitute “, 91ZA and 91A”.
14
In section 108 (interpretation), omit the definition of “counterpart”.
15
15
In section 109 (provisions as to Northern Ireland drivers’ licences), for
subsection (2) substitute—
“(2)
For the purposes of this Act, any driver holding a Northern Ireland
licence shall be under the same obligation to produce such a licence
as if it had been a licence granted under this Part of this Act, and the
20
provisions of this Act as to the production of licences granted under
this Part of this Act shall apply accordingly.”
16    (1)
Section 109A (counterparts issued to Northern Ireland licence holders) is
amended as follows.
      (2)
For subsections (1) and (2) substitute—
25
“(1)
The Secretary of State may endorse the driving record of a Northern
Ireland licence holder who delivers to him a Northern Ireland licence
together with the information specified in, or required under,
subsection (3) below with any part of that information.”
      (3)
For subsections (4) and (5) substitute—
30
“(4)
Where the name of a Northern Ireland licence holder as specified in
his Northern Ireland licence ceases to be correct, he may deliver his
Northern Ireland licence immediately to the Secretary of State and
provide him with particulars of the alterations falling to be made in
the name on it.
35
(5)
On the delivery of a Northern Ireland licence by any person in
pursuance of subsection (4) above, the Secretary of State may
endorse the Northern Ireland licence and that person’s driving
record with the correct name and must return the Northern Ireland
licence to that person.”
40
17    (1)
Section 109B (revocation of authorisation conferred by Northern Ireland
licence because of disability or prospective disability) is amended as follows.
      (2)
In subsection (1), omit the words from “together” to the end.

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Schedule 3 — Endorsement: all drivers
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      (3)
In subsection (2)—
(a)
in paragraph (a), omit “together with the relevant counterparts”, and
(b)
in paragraph (b), omit “and those counterparts”.
      (4)
In subsection (4), omit “and the relevant counterparts”.
      (5)
Omit subsection (5).
5
18
In section 115A(1) (community licence holders: cessation of authorisation),
omit “and its counterpart (if any)”.
19
In section 117A (community licences: disqualification, etc.), omit “and its
counterpart (if any)” in both places.
20    (1)
Section 118 (revoked or suspended licences: surrender, return and
10
endorsement) is amended as follows.
      (2)
In subsection (1), omit “and its counterpart”.
      (3)
For subsection (2) substitute—
“(2)
Where, in pursuance of section 115 of this Act, the Secretary of State
suspends a licence, he must (unless the holder of the licence has
15
already delivered his licence to a traffic commissioner on a reference
under section 116 of this Act) serve notice on the holder of the licence
requiring him to deliver the licence forthwith to the Secretary of State
at the address specified in the notice, and it shall be the duty of the
holder of the licence to comply with the requirement.
20
(2A)
On the delivery of the licence or, where the licence has already been
delivered to a traffic commissioner, on suspending the licence, the
Secretary of State must endorse the particulars of the suspension on
the licence holder’s driving record.
(2B)
The Secretary of State or, as the case may be, the traffic
25
commissioner, must then return the licence to the holder.”
      (4)
In subsection (4), omit “and its counterpart”.
      (5)
Omit subsection (5).
21
In section 121 (interpretation), omit the definition of “counterpart”.
22
In section 122(3) (provisions as to Northern Ireland licences)—
30
(a)
for “and its counterpart are” substitute “is”, and
(b)
for “them” substitute “it”.
23
In section 125A(8) (registration of disabled persons), in paragraph (c) of the
definition of “disabled person’s limited driving licence”, omit “and a
counterpart of that licence”.
35
24
In section 141A(5) (interpretation of Part 5) (as substituted by Schedule 4),
omit “and “counterpart”, in relation to a Community licence”.
25
In section 142 (index to Part 5) (as substituted by Schedule 4), omit “and
counterpart”.
26    (1)
Section 164 (power of constables to require production of driving licence and
40
in certain cases statement of date of birth) is amended as follows.
      (2)
Omit “and its counterpart” in each place.

Road Safety Bill
Schedule 3 — Endorsement: all drivers
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      (3)
In subsection (1), for “they were” substitute “it was”.
      (4)
In subsection (3)—
(a)
for “their” substitute “its”, and
(b)
for “them”, in both places, substitute “it”.
      (5)
In subsection (5)—
5
(a)
for “them”, in each place, substitute “it”, and
(b)
for “their” substitute “its”.
      (6)
In subsection (7), in both places, for “their” substitute “its”.
      (7)
In subsection (8)—
(a)
for “them”, in each place, substitute “it”, and
10
(b)
for “their” substitute “its”.
      (8)
In subsection (11), omit the reference to “counterpart”.
27
In section 167(a) (power of arrest in Scotland for reckless or careless driving
or cycling), for the words from “and the counterpart” to the end substitute
“or, as the case may be, his Northern Ireland licence or Community licence
15
within the meaning of that Part.”
28    (1)
Section 173 (forgery of documents etc.) is amended as follows.
      (2)
In subsection (2)—
(a)
in paragraph (a), omit the words from “or” to the end, and
(b)
omit paragraph (aa).
20
      (3)
In subsection (4), omit ““counterpart”,”.
29
In section 176 (power to seize articles), omit subsections (1A), (3A) and (8).
Road Traffic Offenders Act 1988 (c. 53)
30
The Road Traffic Offenders Act 1988 (as amended by Schedule 2) is
amended as follows.
25
31
In section 7(1) (duty of accused to provide licence), omit the words from
“and the foregoing” to the end.
32    (1)
Section 26 (interim disqualification) is amended as follows.
      (2)
In subsection (7)—
(a)
in paragraph (a), omit “and its counterpart”, and
30
(b)
in paragraph (b), omit “and counterpart” and for “them” substitute
“it”.
      (3)
In subsection (8)—
(a)
omit “and its counterpart”,
(b)
for “them” substitute “it”, and
35
(c)
omit “and counterpart”.
      (4)
In subsection (9)(b)—
(a)
omit “and its counterpart”,
(b)
omit “and counterpart”, and
(c)
for “their” substitute “its”.
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Road Safety Bill
Schedule 3 — Endorsement: all drivers
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      (5)
Omit subsection (14).
33    (1)
Section 27 (production of licence) is amended as follows.
      (2)
Omit “and its counterpart” in each place.
      (3)
In subsection (1), for “them” substitute “it”.
      (4)
In subsection (3)(b), for “are produced” substitute “is produced”.
5
      (5)
In subsection (4), for “their” substitute “its”.
34
In section 28(3) (penalty points to be attributed to an offence), for “57(5),
57A(6), 77(5)” substitute “57A(6)”.
35    (1)
Section 29 (penalty points to be taken into account on conviction) is
amended as follows.
10
      (2)
In subsection (1)(b), omit “the counterpart of any licence held by him or on”.
      (3)
Omit subsection (3).
36
In section 31(1) (court may take particulars endorsed into consideration),
omit “the counterpart of his licence or on”.
37
Omit section 32 (in Scotland court may take extract from licensing records
15
into account).
38
In section 36 (disqualification until test passed), omit subsection (10).
39    (1)
Section 42 (removal of disqualification) is amended as follows.
      (2)
In subsection (5), for paragraph (a) substitute—
“(a)
must send notice of the order to the Secretary of State,”.
20
      (3)
Omit subsection (5A).
      (4)
In subsection (5AA), for “(5)(a)(ii)” substitute “(5)(a)”.
      (5)
In subsection (5B), for “(5)(a)(ii) or (5A)” substitute “(5)(a)”.
40
Omit section 45 (effect of endorsement of counterparts).
41
In section 45A (effect of endorsement of driving records), for subsections (3)
25
to (5) substitute—
“(3)
An endorsement ordered on a person’s conviction of an offence
remains effective (subject to subsections (4) and (5) below)—
(a)
if an order is made for the disqualification of the offender,
until four years have elapsed since the conviction, and
30
(b)
if no such order is made, until either—
(i)
four years have elapsed since the commission of the
offence, or
(ii)
an order is made for the disqualification of the
offender under section 35 of this Act.
35
(4)
Where the offence was one under section 1 or 2 of the Road Traffic
Act 1988 (causing death by dangerous driving and dangerous
driving), the endorsement remains in any case effective until four
years have elapsed since the conviction.
(5)
Where the offence was one—
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Schedule 3 — Endorsement: all drivers
75

(a)
under section 3A, 4(1) or 5(1)(a) of that Act (driving offences
connected with drink or drugs),
(b)
under section 7(6) of that Act (failing to provide specimen)
involving obligatory disqualification, or
(c)
under section 7A(6) of that Act (failing to allow a specimen to
5
be subjected to laboratory test),

the endorsement remains effective until eleven years have elapsed
since the conviction.”
42
In section 46(2)(b) (combination of disqualification and endorsement with
probation orders and orders for discharge), omit “the counterpart of any
10
licence held by him or on”.
43    (1)
Section 47 (supplementary provisions as to disqualifications and
endorsements) is amended as follows.
      (2)
For subsection (2) substitute—
“(2)
Where a court orders the endorsement of a person’s driving record it
15
may, and where a court orders a person to be disqualified for a
period of 56 days or more it must, send any licence of the person that
is produced to the court, to the Secretary of State.”
      (3)
In subsection (2A), omit “and its counterpart”.
      (4)
In subsection (3), omit “a licence or”.
20
      (5)
In subsection (3A), omit “in relation to a person who is not the holder of a
licence,”.
      (6)
In subsection (4), omit “and the counterpart of a licence”.
44    (1)
Section 48 (exemption from disqualification and endorsement for certain
construction and use offences) is amended as follows.
25
      (2)
In subsections (1) and (2), omit “the counterpart of any licence held by him
or on”.
      (3)
Omit subsection (3).
45    (1)
Section 56 (licence receipts) is amended as follows.
      (2)
Omit “and its counterpart” in each place.
30
      (3)
In subsection (2), for “them” substitute “it”.
46
Omit section 58 (effect of endorsement of counterpart without hearing).
47
Omit section 61 (fixed penalty notice mistakenly given to licence holder:
exclusion of fixed penalty procedures).
48    (1)
Section 61A (fixed penalty notice mistakenly given to unlicensed person:
35
exclusion of fixed penalty procedures) is amended as follows.
      (2)
In subsection (1), omit “but who is not the holder of a licence,”.
      (3)
In subsection (3), insert at the end “and send the chief officer of police any
licence sent to him under section 54(7) of this Act.”
      (4)
In the heading, omit “to unlicensed person”.
40