|
| |
|
(c) | where subsection (10) above applies, so much of the amount of |
| |
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 |
| 5 |
(1) | This section applies where a person on whom a financial penalty |
| |
deposit requirement is imposed does not make an immediate payment |
| |
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 |
| 10 |
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 |
| |
notice in writing of the prohibition. |
| |
| |
(a) | shall come into force as soon as the notice is given, and |
| 15 |
(b) | shall continue in force until the happening of whichever of the |
| |
events in subsection (4) below occurs first. |
| |
| |
(a) | the person making a payment of the appropriate amount in |
| |
accordance with section 90B(1) of this Act (and any order made |
| 20 |
under it) at any time during the relevant period, |
| |
(b) | (where a fixed penalty notice was given, or a conditional offer |
| |
handed, to the person in respect of the offence) payment of the |
| |
| |
(c) | the person being convicted or acquitted of the offence, |
| 25 |
(d) | the person being informed that he is not to be prosecuted for the |
| |
| |
(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 |
| 30 |
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; |
| |
and the prohibition does not apply to the removal of the vehicle (or |
| |
trailer) in accordance with the direction. |
| |
| 35 |
(a) | drives a vehicle in contravention of a prohibition under this |
| |
| |
(b) | causes or permits a vehicle to be driven in contravention of such |
| |
| |
(c) | fails to comply within a reasonable time with a direction under |
| 40 |
| |
| |
(7) | The Secretary of State may by order provide for exceptions from |
| |
| |
|
| |
|
| |
|
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 |
| |
| |
(2) | Before making an order under any of those sections the Secretary of |
| 5 |
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 |
| |
| |
(4) | No order shall be made under section 90B(2) of this Act unless a draft |
| 10 |
of the instrument containing it has been laid before, and approved by a |
| |
resolution of, each House of Parliament. |
| |
(5) | A statutory instrument containing an order under section 90A, 90B(1), |
| |
90C or 90D of this Act shall be subject to annulment in pursuance of a |
| |
resolution of either House of Parliament. |
| 15 |
90F | Financial penalty deposits: interpretation |
| |
In sections 90A to 90D of this Act— |
| |
“the appropriate amount” has the meaning given by section 90B(2) |
| |
| |
“the appropriate refund” has the meaning given by section |
| 20 |
| |
“conditional offer” means a notice under section 75(3)(a) of this |
| |
| |
“financial penalty deposit requirement” has the meaning given by |
| |
section 90B(1) of this Act, |
| 25 |
“fixed penalty notice” has the meaning given by section 52 of this |
| |
| |
“fixed penalty offence” is to be construed in accordance with |
| |
| |
“the prosecution period” has the meaning given by section 90C(8) |
| 30 |
| |
“the relevant period” has the meaning given by section 90B(3) of |
| |
| |
“suspended enforcement period” is to be construed in accordance |
| |
with section 52(3)(a) of this Act, and |
| 35 |
“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) |
| |
(prosecution and punishment of offences: offences under the Traffic Acts), |
| |
after the entry relating to section 67 of that Act insert— |
| 40 |
|
|
| |
|
| |
|
| |
12 | High risk offenders: medical enquiries following disqualification |
| |
(1) | In section 88 of the Road Traffic Act 1988 (c. 52) (exceptions to requirement to |
| |
hold driving licence), after subsection (2) insert— |
| |
“(2A) | Subsection (1) above does not apply by virtue of an application |
| 5 |
mentioned in paragraph (b) of that subsection having been received by |
| |
the Secretary of State if— |
| |
(a) | the application was made as a result of, or in anticipation of, the |
| |
expiry of a disqualification relevant to the licence applied for, |
| |
(b) | either the nature of the disqualification or its imposition within |
| 10 |
a particular period after an earlier disqualification amounted to |
| |
circumstances prescribed under subsection (4) of section 94 of |
| |
this Act (disqualification: high risk offenders), and |
| |
(c) | the Secretary of State has notified the applicant that, because of |
| |
that, he will be subject to a requirement under paragraph (a) or |
| 15 |
(b) of subsection (5) of that section.” |
| |
(2) | The amendment made by subsection (1) does not apply where the conviction |
| |
in respect of which the disqualification was ordered was imposed before the |
| |
coming into force of that subsection. |
| |
13 | Period of endorsement for failure to allow specimen to be tested |
| 20 |
In section 45(7) of the Road Traffic Offenders Act 1988 (c. 53) (effect of |
| |
endorsement: period for which effective), after paragraph (b) insert “or |
| |
(c) | under section 7A(6) of that Act (failing to allow a specimen to be |
| |
subjected to laboratory test),”. |
| |
14 | Alcohol ignition interlocks |
| 25 |
(1) | In the Road Traffic Offenders Act 1988, after section 34C insert— |
| |
“34D | Reduced disqualification period: alcohol ignition interlock |
| |
| |
(1) | This section applies where— |
| |
(a) | a person is convicted of a relevant drink offence by or before a |
| 30 |
| |
(b) | he has committed another relevant drink offence at any time |
| |
during the period of ten years ending with the date of the |
| |
| |
(c) | the court makes an order under section 34 of this Act but does |
| 35 |
not make an order under section 34A of this Act, and |
| |
(d) | the period stated by the court as that for which, apart from this |
| |
section, he would be disqualified (“the unreduced period”) is |
| |
| |
(2) | In this section “relevant drink offence” means— |
| 40 |
(a) | an offence under paragraph (a) of subsection (1) of section 3A of |
| |
the Road Traffic Act 1988 (causing death by careless driving |
| |
when unfit to drive through drink) committed when unfit to |
| |
| |
|
| |
|
| |
|
(b) | an offence under paragraph (b) of that subsection (causing |
| |
death by careless driving with excess alcohol), |
| |
(c) | an offence under paragraph (c) of that subsection (failing to |
| |
provide a specimen) where the specimen is required in |
| |
connection with drink or consumption of alcohol, |
| 5 |
(d) | an offence under section 4 of that Act (driving or being in charge |
| |
when under influence of drink) committed by reason of |
| |
| |
(e) | an offence under section 5(1) of that Act (driving or being in |
| |
charge with excess alcohol), |
| 10 |
(f) | an offence under section 7(6) of that Act (failing to provide a |
| |
specimen) committed in the course of an investigation into an |
| |
offence within any of the preceding paragraphs, or |
| |
(g) | an offence under section 7A(6) of that Act (failing to allow a |
| |
specimen to be subjected to a laboratory test) in the course of an |
| 15 |
investigation into an offence within any of the preceding |
| |
| |
(3) | Where this section applies, the court may specify a lesser period of |
| |
disqualification (“the reduced period”) if it also makes an order (an |
| |
“alcohol ignition interlock programme order”) requiring the offender to |
| 20 |
comply with the alcohol ignition interlock conditions. |
| |
(4) | The difference between the unreduced period and the reduced period |
| |
shall be a period specified in the order of— |
| |
(a) | not less than 12 months, and |
| |
(b) | not more than one half of the unreduced period. |
| 25 |
(5) | If the offender contravenes the alcohol ignition interlock conditions, a |
| |
further order under section 34 disqualifying him for the rest of the |
| |
unreduced period is to be treated as having been made by the court |
| |
immediately before the contravention. |
| |
(6) | “The alcohol ignition interlock conditions” are that the offender— |
| 30 |
(a) | must participate fully in an approved alcohol ignition interlock |
| |
programme specified in the order during such part of the |
| |
unreduced period as is so specified, and |
| |
(b) | during the part of that period following the reduced period, |
| |
must not drive a motor vehicle unless it is fitted with an alcohol |
| 35 |
ignition interlock in good working order and must not drive a |
| |
motor vehicle which is so fitted when not using the alcohol |
| |
ignition interlock properly. |
| |
(7) | A court shall not make an alcohol ignition interlock programme order |
| |
in the case of an offender unless— |
| 40 |
(a) | the court is satisfied that a place on the approved alcohol |
| |
ignition interlock programme specified in the order will be |
| |
available for the offender, |
| |
(b) | the offender appears to the court to be of or over the age of 17, |
| |
(c) | the court has informed the offender (orally or in writing and in |
| 45 |
ordinary language) of the effect of the order and the amount of |
| |
the fees which he is required to pay for the programme and |
| |
when he must pay them, and |
| |
(d) | the offender has agreed that the order should be made. |
| |
|
| |
|
| |
|
(8) | For the purposes of this section an “approved alcohol ignition interlock |
| |
programme” is a programme approved by the appropriate national |
| |
authority and involving the provision of an alcohol ignition interlock |
| |
for use by the offender, training in its use and other education and |
| |
counselling relating to the consumption of alcohol and driving. |
| 5 |
(9) | For the purposes of this section “alcohol ignition interlock” means a |
| |
| |
(a) | of a type approved by the Secretary of State, and |
| |
(b) | designed to be fitted to a motor vehicle with the purpose of |
| |
preventing the driving of the vehicle by a person who does not, |
| 10 |
both before starting driving the vehicle and at regular intervals |
| |
while driving it, provide specimens of breath in which the |
| |
proportion of alcohol is likely not to exceed the limit specified |
| |
in subsection (10) below. |
| |
(10) | That limit is 9 microgrammes of alcohol in 100 millilitres of breath or |
| 15 |
such other proportion of alcohol to breath as the Secretary of State may |
| |
by regulations prescribe. |
| |
(11) | For the purposes of this section an offender uses an alcohol ignition |
| |
interlock properly if (and only if) he is complying with all the |
| |
instructions given to him about its use as part of the approved alcohol |
| 20 |
ignition interlock programme. |
| |
(12) | Where an alcohol ignition interlock is fitted to a motor vehicle as part |
| |
of an approved alcohol ignition interlock programme relating to an |
| |
offender, a person commits an offence if— |
| |
(a) | he interferes with the alcohol ignition interlock with intent to |
| 25 |
cause it not to function or not to function properly, or |
| |
(b) | he is a person other than the offender and provides or attempts |
| |
to provide a specimen of breath for the purposes of the alcohol |
| |
ignition interlock with intent to enable the driving (or |
| |
continued driving) of the vehicle by the offender. |
| 30 |
34E | Certificates of failing fully to participate |
| |
(1) | An offender shall be regarded for the purposes of section 34D of this |
| |
Act as not fully participating in an approved alcohol ignition interlock |
| |
programme if (and only if) a certificate that that is so is received by the |
| |
proper officer of the supervising court. |
| 35 |
(2) | A certificate under subsection (1) above may be given if (and only if) the |
| |
| |
(a) | to make due payment of fees for the programme, |
| |
(b) | to attend for training, education or counselling forming part of |
| |
the programme in accordance with the programme provider’s |
| 40 |
| |
(c) | to attend at a place specified by the programme provider for the |
| |
monitoring and maintenance of the alcohol ignition interlock, at |
| |
a time specified by the programme provider or a person with |
| |
whom the programme provider has made arrangements for its |
| 45 |
monitoring and maintenance, or |
| |
(d) | to comply with any other reasonable requirement of the |
| |
| |
|
| |
|
| |
|
(3) | A certificate under subsection (1) above is to be given by the |
| |
programme provider and shall be in such form, and contain such |
| |
particulars, as may be prescribed by, or determined in accordance with, |
| |
regulations made by the appropriate national authority. |
| |
(4) | Where a programme provider decides to give a certificate under |
| 5 |
subsection (1) above, he shall give written notice of the decision to the |
| |
offender as soon as possible. |
| |
(5) | An offender to whom a notice is given under subsection (4) above may, |
| |
within such period as may be prescribed by rules of court, apply to the |
| |
supervising court, or (if the supervising court is not the Crown Court, |
| 10 |
the High Court of Justiciary or the relevant local court) to either the |
| |
supervising court or the relevant local court, for a declaration that the |
| |
programme provider has given the certificate under subsection (1) |
| |
above in contravention of subsection (2) above. |
| |
(6) | If the court grants the application, section 34D of this Act shall have |
| 15 |
effect as if the certificate had not been duly received by the proper |
| |
officer of the supervising court. |
| |
(7) | A notice under subsection (4) above shall specify the ground on which |
| |
it is given; and the appropriate national authority may by regulations |
| |
make provision as to the form of notices under that subsection and as |
| 20 |
to the circumstances in which they are to be treated as given. |
| |
(8) | Where the proper office of a court receives a certificate under |
| |
subsection (1) above, or a court grants an application under subsection |
| |
(5) above, the proper officer or court must send notice of that fact to the |
| |
Secretary of State; and the notice must be sent in such manner and to |
| 25 |
such address, and must contain such particulars, as the Secretary of |
| |
| |
34F | Approval of programmes |
| |
(1) | If an application is made to the appropriate national authority for the |
| |
approval of a programme for the purposes of section 34D of this Act, |
| 30 |
the appropriate national authority must decide whether to grant or |
| |
| |
(2) | In reaching that decision the appropriate national authority must have |
| |
| |
(a) | the nature of the programme, and |
| 35 |
(b) | whether the programme provider is an appropriate person to |
| |
provide the programme and administer its provision efficiently |
| |
| |
| and may take into account any recommendations made by any persons |
| |
appointed to consider the application. |
| 40 |
(3) | A programme may be approved subject to conditions specified by the |
| |
appropriate national authority. |
| |
(4) | An approval of a programme is for the period specified by the |
| |
appropriate national authority (which must not exceed seven years), |
| |
subject to withdrawal of approval. |
| 45 |
|
| |
|
| |
|
(5) | Regulations made by the appropriate national authority may make |
| |
provision in relation to the approval of programmes and may, in |
| |
particular, include provision— |
| |
(a) | in relation to the making of applications for approval, |
| |
(b) | for the payment in respect of applications for approval, or of |
| 5 |
approvals, (or of both) of fees of such amounts as are prescribed |
| |
| |
(c) | specifying the maximum fees that a person may be required to |
| |
pay for a programme and by when they are to be paid, |
| |
(d) | for the monitoring of programmes and programme providers, |
| 10 |
(e) | in relation to withdrawing approval, |
| |
(f) | for an appeal to lie to the Transport Tribunal against a refusal of |
| |
an application for approval, the imposition of conditions on the |
| |
grant of such an application or the withdrawal of approval, and |
| |
(g) | authorising the appropriate national authority to make |
| 15 |
available (with or without charge) information about |
| |
programmes and programme providers. |
| |
34G | Provisions supplementary to sections 34D to 34F |
| |
(1) | The appropriate national authority may issue guidance to programme |
| |
providers, or to any category of programme provider, as to the conduct |
| 20 |
of programmes approved for the purposes of section 34D of this Act; |
| |
| |
(a) | programme providers shall have regard to any guidance given |
| |
to them under this subsection, and |
| |
(b) | in determining for the purposes of section 34E of this Act |
| 25 |
whether any instructions or requirements of a programme |
| |
provider were reasonable, a court shall have regard to any |
| |
guidance given to him under this subsection. |
| |
(2) | The Secretary of State may by regulations make provision— |
| |
(a) | amending section 34D(1)(b) of this Act by substituting for the |
| 30 |
period for the time being specified there a different period, |
| |
(b) | amending section 34D(1)(d) of this Act by substituting for the |
| |
period for the time being specified there a different period, or |
| |
(c) | amending section 34D(4) of this Act by substituting for the |
| |
period for the time being specified there a different period, or by |
| 35 |
substituting for the fraction of the unreduced period for the |
| |
time being specified there a different fraction of that period, (or |
| |
| |
(3) | In sections 34D to 34F of this Act and this section— |
| |
“appropriate national authority” means (as respects Wales) the |
| 40 |
National Assembly for Wales and (otherwise) the Secretary of |
| |
| |
“contravention” includes failure to comply; |
| |
“programme provider”, in relation to an alcohol ignition interlock |
| |
programme, means the person by whom it is, or is to be, |
| 45 |
| |
| |
(a) | in relation to a magistrates’ court in England and Wales, |
| |
the designated officer for the court, and |
| |
|
| |
|