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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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Schedule 3 — Endorsement: all drivers

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      (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

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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).

 

 

Road Safety Bill
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.

 

 

Road Safety Bill
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—

40

 

 

Road Safety Bill
Schedule 3 — Endorsement: all drivers

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(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

 

 

 
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