Road Safety Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Road Safety Bill

Road Safety Bill
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and surrenders it to him to be retained and dealt with in
accordance with this Part of this Act.
(4)
Where the offence appears to the constable or vehicle examiner to
involve obligatory endorsement, subsection (5) below applies if—
(a)
the constable or vehicle examiner is unable to satisfy himself, by
5
accessing information held on his driving record, that he would
not be liable to be disqualified under section 35 of this Act if he
were convicted of that offence, or
(b)
in the case of a person who is the holder of a licence, he does not
produce it for inspection by the constable or vehicle examiner.
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(5)
Where this subsection applies, the constable or vehicle examiner may
give the person a notice stating that if—
(a)
he delivers the notice and (if he is the holder of a licence) his
licence in accordance with subsection (5A) below, and
(b)
the requirements of subsection (5B) below are met,
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he will then be given a fixed penalty notice in respect of the offence.
(5A)
Delivery must—
(a)
if the notice is given by a constable, be made in person, within
seven days after the notice is given, to a constable or authorised
person at the police station specified in the notice (being a police
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station chosen by the person concerned), or
(b)
if the notice is given by a vehicle examiner, be made (either by
post or in person), within fourteen days after the notice is given,
to the Secretary of State at the place specified in the notice.
(5B)
If a person to whom a notice has been given under subsection (5) above
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delivers the notice and (if he is the holder of a licence) his licence in
accordance with subsection (5A) above, and the following
requirements are met, that is—
(a)
the person to whom the notice is delivered is satisfied, on
accessing information held on his driving record, that he would
30
not be liable to be disqualified under section 35 of this Act if he
were convicted of the offence, and
(b)
if he is the holder of a licence, it is delivered to be retained and
dealt with in accordance with this Part of this Act,

the person to whom the notice is delivered must give him a fixed
35
penalty notice in respect of the offence to which the notice under
subsection (5) above relates.”
(5)
In subsection (6), for “(4) or (5C)” substitute “(5)”.
(6)
In subsection (7), omit “and a counterpart of a licence”.
(7)
Omit section 57 (endorsement of counterparts without hearings).
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(8)
Section 57A (endorsement of driving records without hearings) is amended as
follows.
(9)
In subsection (1), omit “who is not the holder of a licence”.
(10)
In subsection (3), at the end insert “and return to that person any licence
surrendered by him under section 54 of this Act.”
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(11)
In subsection (4), after “record” insert “and return to that person any licence
surrendered by him under section 54 of this Act”.
(12)
Schedule 3 contains further amendments about the endorsement of driving
records in the case of all drivers.
Deposits
5
10
Financial penalty deposits
(1)
In the Road Traffic Offenders Act 1988 (c. 53), after Part 3 insert—
“Part 3A
Financial Penalty Deposits
90A
Power to impose financial penalty deposit requirement
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(1)
A constable or vehicle examiner may impose a financial penalty deposit
requirement on a person on any occasion if the conditions in this
section are satisfied.
(2)
The constable or vehicle examiner must have reason to believe—
(a)
that the person is committing or has on that occasion committed
15
an offence relating to a motor vehicle, and
(b)
that the person, the offence and the circumstances in which the
offence is committed are of a description specified in an order
made by the Secretary of State.
(3)
The person must be—
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(a)
given written notification that it appears likely that proceedings
will be brought against him in respect of the offence, or
(b)
(if the offence is a fixed penalty offence) either given such
notification or given a fixed penalty notice (or, in Scotland,
handed a conditional offer) in respect of the offence.
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(4)
The person must fail to provide a satisfactory address; and for this
purpose “a satisfactory address” is an address in the United Kingdom
at which the constable or vehicle examiner considers it likely that it
would be possible to find the person whenever necessary to do so in
connection with the proceedings, fixed penalty notice or conditional
30
offer.
(5)
The person who is to impose the financial penalty deposit
requirement—
(a)
if a constable, must be in uniform, and
(b)
if a vehicle examiner, must produce his authority.
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90B
Financial penalty deposit requirement
(1)
For the purposes of this Part of this Act a financial penalty deposit
requirement is a requirement to make a payment of the appropriate
amount to the Secretary of State—
(a)
in a manner specified in an order made by him, and
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(b)
either immediately or within the relevant period.

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(2)
In this Part of this Act “the appropriate amount”, in relation to an
offence and a person, is an amount specified in relation to the offence
in an order made by the Secretary of State; and different amounts may
be so specified—
(a)
by reference to whether the person is given notification that it
5
appears likely that proceedings will be brought against him or
given a fixed penalty notice (or handed a conditional offer), and
(b)
otherwise by reference to the circumstances of the offence.
(3)
In this Part of this Act “the relevant period” means—
(a)
if the person was given a fixed penalty notice and proceedings
10
are not brought in respect of the offence by virtue of this Act
before the end of the suspended enforcement period, the
suspended enforcement period,
(b)
if he was handed a conditional offer and proceedings are not
brought in respect of the offence by virtue of this Act before the
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end of the period of 28 days following the date on which the
conditional offer was given or any longer period specified in the
conditional offer, that period, and
(c)
otherwise, the period ending with the person being charged
with the offence.
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90C
Making of payment in compliance with requirement
(1)
This section applies where a person on whom a financial penalty
deposit requirement is imposed in respect of an offence makes a
payment of the appropriate amount in accordance with section 90B(1)
of this Act (and any order made under it).
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(2)
On payment by the person of the appropriate amount the person by
whom the payment is received must issue him with a written receipt
for the payment specifying the effect of the following provisions of this
section.
(3)
If the person was handed a conditional offer—
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(a)
the person is entitled to give notice requesting a hearing in
respect of the offence, and
(b)
the written receipt must specify the manner in which such
notice is to be given.
(4)
In a case where—
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(a)
a fixed penalty notice relating to the offence has been given to
the person or a conditional offer so relating has been handed to
him,
(b)
the person does not give notice requesting a hearing in respect
of the offence before the end of the relevant period in the
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appropriate manner, and
(c)
proceedings are not brought in respect of the offence by virtue
of this Act,

subsection (6) below applies.
(5)
In subsection (4)(b) above “the appropriate manner” means—
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(a)
if the person was given a fixed penalty notice, the manner
specified in the fixed penalty notice, and

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(b)
if he was handed a conditional offer, the manner specified in the
written receipt under subsection (2) above.
(6)
Where this subsection applies, the Secretary of State must—
(a)
apply so much of the payment as does not exceed the amount of
the fixed penalty in or towards payment of the fixed penalty,
5
and
(b)
take the appropriate steps to make any appropriate refund to
the person.
(7)
In any other case—
(a)
if the person is informed that he is not to be prosecuted for the
10
offence, is acquitted of the offence or is convicted but not fined
in respect of it, or the prosecution period comes to an end
without a prosecution having been commenced against him in
respect of it, subsection (9) below applies, and
(b)
if a fine is imposed on the person in respect of the offence
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(otherwise than as a result of a conviction obtained on a
prosecution commenced after the end of the prosecution
period), subsection (10) below applies.
(8)
In this Part of this Act “the prosecution period” means the period of
twelve months beginning with the imposition of the financial penalty
20
deposit requirement or, if shorter, any period after which no
prosecution may be commenced in respect of the offence.
(9)
Where this subsection applies, the Secretary of State must take the
appropriate steps to make the appropriate refund to the person.
(10)
Where this subsection applies, the Secretary of State must—
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(a)
apply so much of the payment as does not exceed the amount of
the fine in or towards payment of the fine, and
(b)
take the appropriate steps to make any appropriate refund to
the person.
(11)
Where the Secretary of State is required by this section to take the
30
appropriate steps to make an appropriate refund, he must take such
steps to trace the person and to make the refund to him, by such means,
as are specified in an order made by the Secretary of State.
(12)
In this Part of this Act “the appropriate refund”, in any case, is a refund
of—
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(a)
where subsection (6) above applies, so much of the payment as
exceeds the amount of the fixed penalty,
(b)
where subsection (9) above applies, the amount of the payment,
and
(c)
where subsection (10) above applies, so much of the amount of
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the payment as exceeds the amount of the fine,

together with interest calculated in accordance with provision made by
order made by the Treasury.
90D
Prohibition on driving on failure to make payment
(1)
This section applies where a person on whom a financial penalty
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deposit requirement is imposed does not make an immediate payment

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of the appropriate amount in accordance with section 90B(1) of this Act
(and any order made under it).
(2)
The constable or vehicle examiner by whom the requirement was
imposed may prohibit the driving on a road of any vehicle of which the
person was in charge at the time of the offence by giving to the person
5
notice in writing of the prohibition.
(3)
The prohibition—
(a)
shall come into force as soon as the notice is given, and
(b)
shall continue in force until the happening of whichever of the
events in subsection (4) below occurs first.
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(4)
Those events are—
(a)
the person making a payment of the appropriate amount in
accordance with section 90B(1) of this Act (and any order made
under it) at any time during the relevant period,
(b)
(where a fixed penalty notice was given, or a conditional offer
15
handed, to the person in respect of the offence) payment of the
fixed penalty.
(c)
the person being convicted or acquitted of the offence,
(d)
the person being informed that he is not to be prosecuted for the
offence, and
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(e)
the coming to an end of the prosecution period.
(5)
A constable or vehicle examiner may by direction in writing require the
person to remove the vehicle to which the prohibition relates (and, if it
is a motor vehicle drawing a trailer, also to remove the trailer) to such
place and subject to such conditions as are specified in the direction;
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and the prohibition does not apply to the removal of the vehicle (or
trailer) in accordance with the direction.
(6)
A person who—
(a)
drives a vehicle in contravention of a prohibition under this
section,
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(b)
causes or permits a vehicle to be driven in contravention of such
a prohibition, or
(c)
fails to comply within a reasonable time with a direction under
subsection (5) above,

is guilty of an offence.
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(7)
The Secretary of State may by order provide for exceptions from
subsection (6) above.
90E
Orders about financial penalty deposits
(1)
Any power conferred by section 90A, 90B, 90C or 90D of this Act on the
Secretary of State or the Treasury to make an order shall be exercisable
40
by statutory instrument.
(2)
Before making an order under any of those sections the Secretary of
State or the Treasury must consult with such representative
organisations as appear appropriate.
(3)
An order under any of those sections may make different provision for
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different cases.

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(4)
A statutory instrument containing such an order shall be subject to
annulment in pursuance of a resolution of either House of Parliament.
90F
Financial penalty deposits: interpretation
In sections 90A to 90D of this Act—
“the appropriate amount” has the meaning given by section 90B(2)
5
of this Act,
“the appropriate refund” has the meaning given by section
90C(12) of this Act,
“conditional offer” means a notice under section 75(3)(a) of this
Act,
10
“financial penalty deposit requirement” has the meaning given by
section 90B(1) of this Act,
“fixed penalty notice” has the meaning given by section 52 of this
Act,
“fixed penalty offence” is to be construed in accordance with
15
section 51 of this Act,
“the prosecution period” has the meaning given by section 90C(8)
of this Act,
“the relevant period” has the meaning given by section 90B(3) of
this Act,
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“suspended enforcement period” is to be construed in accordance
with section 52(3)(a) of this Act, and
“vehicle examiner” means an examiner appointed under section
66A of the Road Traffic Act 1988.”
(2)
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53)
25
(prosecution and punishment of offences: offences under the Traffic Acts),
after the entry relating to section 67 of that Act insert—

“Section 90D(6)
Driving, etc.,
Summarily.
Level 5 on

            ”

of this Act
vehicle in

the standard

contravention of

scale.

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prohibition for

failure to pay

financial penalty

deposit, etc.

Drink-driving etc.
35
11
Power to require specimens of breath at roadside or at hospital etc.
(1)
Section 6D of the Road Traffic Act 1988 (c. 52) (preliminary tests for drink and
drugs: arrest) is amended as follows.
(2)
After subsection (1) insert—
“(1A)
The fact that specimens of breath have been provided under section 7
40
of this Act by the person concerned does not prevent subsection (1)
above having effect if the constable who imposed on him the
requirement to provide the specimens has reasonable cause to believe
that the device used to analyse the specimens has not produced a
reliable indication of the proportion of alcohol in the breath of the
45
person.”

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(3)
After subsection (2) insert—
“(2A)
A person arrested under this section may, instead of being taken to a
police station, be detained at or near the place where the preliminary
test was, or would have been, administered with a view to imposing on
him there a requirement under section 7 of this Act.”
5
(4)
Section 7 of that Act (provisions of specimens for analysis) is amended as
follows.
(5)
For subsection (2) substitute—
“(2)
A requirement under this section to provide specimens of breath can
only be made—
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(a)
at a police station,
(b)
at a hospital, or
(c)
at or near a place where a relevant breath test has been
administered to the person concerned or would have been so
administered but for his failure to co-operate with it.
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(2A)
For the purposes of this section “a relevant breath test” is a procedure
involving the provision by the person concerned of a specimen of
breath to be used for the purpose of obtaining an indication whether
the proportion of alcohol in his breath or blood is likely to exceed the
prescribed limit.
20
(2B)
A requirement under this section to provide specimens of breath may
not be made at or near a place mentioned in subsection (2)(c) above
unless the constable making it—
(a)
is in uniform, or
(b)
has imposed a requirement on the person concerned to co-
25
operate with a relevant breath test in circumstances in which
section 6(5) of this Act applies.
(2C)
Where a constable has imposed a requirement on the person concerned
to co-operate with a relevant breath test at any place, he is entitled to
remain at or near that place in order to impose on him there a
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requirement under this section.
(2D)
If a requirement under subsection (1)(a) above has been made at a place
other than at a police station, such a requirement may subsequently be
made at a police station if (but only if)—
(a)
a device or a reliable device of the type mentioned in subsection
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(1)(a) above was not available at that place or it was for any
other reason not practicable to use such a device there, or
(b)
the constable who made the previous requirement has
reasonable cause to believe that the device used there has not
produced a reliable indication of the proportion of alcohol in the
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breath of the person concerned.”
(6)
In subsection (3) (circumstances in which requirement to provide a specimen
of blood or urine may be made)—
(a)
in paragraph (b) (breath-testing device not available etc.), insert at the
beginning “specimens of breath have not been provided elsewhere
45
and”, and