|
| |
|
(b) | otherwise, the clerk of the court; |
| |
“relevant local court”, in relation to an alcohol ignition interlock |
| |
programme order in the case of an offender, means— |
| |
(a) | in England and Wales, a magistrates’ court acting for the |
| |
local justice area in which the offender resides, and |
| 5 |
(b) | in Scotland, the sheriff court for the district where the |
| |
offender resides or, where the order is made by a |
| |
stipendiary magistrate and the offender resides within |
| |
his commission area, the district court for that area; and |
| |
“supervising court”, in relation to an alcohol ignition interlock |
| 10 |
| |
(a) | in England and Wales, if the Crown Court made the |
| |
order the Crown Court and otherwise a magistrates’ |
| |
court acting for the same local justice area as the court |
| |
which made the order, and |
| 15 |
(b) | in Scotland, the court which made the order. |
| |
(4) | Any power to make regulations under section 34D, 34E or 34F of this |
| |
Act or this section includes power to make different provision for |
| |
different cases, and to make such incidental or supplementary |
| |
provision as appears to the appropriate national authority to be |
| 20 |
necessary or appropriate. |
| |
(5) | Any power to make regulations under section 34D, 34E or 34F of this |
| |
Act or this section shall be exercisable by statutory instrument. |
| |
(6) | A statutory instrument containing regulations made under section 34D, |
| |
34E or 34F of this Act by the Secretary of State shall be subject to |
| 25 |
annulment in pursuance of a resolution of either House of Parliament. |
| |
(7) | No regulations shall be made under this section unless a draft of the |
| |
regulations has been laid before, and approved by a resolution of, each |
| |
| |
(2) | In the Road Traffic Offenders Act 1988 (c. 53), after section 41A insert— |
| 30 |
“41B | Suspension of certificate pending determination of applications |
| |
| |
(1) | Where a person given a certificate under subsection (1) of section 34E |
| |
of this Act makes an application to a court under subsection (5) of that |
| |
section, the court may suspend the effect of the certificate pending the |
| 35 |
determination of the application. |
| |
(2) | Where a court exercises its power under subsection (1) above it must |
| |
send notice of the suspension to the Secretary of State. |
| |
(3) | The notice must be sent in such manner and to such address and must |
| |
contain such particulars, as the Secretary of State may determine.” |
| 40 |
(3) | In Schedule 1 to that Act (offences to which certain sections apply)— |
| |
(a) | in paragraph 3, after paragraph (a) insert— |
| |
“(aa) | an offence under section 34D(12) of this Act,”, and |
| |
(b) | in paragraph 4, before paragraph (a) insert— |
| |
“(za) | an offence under section 34D(12) of this Act,”. |
| 45 |
|
| |
|
| |
|
(4) | In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: |
| |
offences under the Traffic Acts), after the entry relating to section 27 of that Act |
| |
| |
|
15 | Experimental period for section 14 |
| |
(1) | Subject as follows, no order shall be made under section 34D of the Road |
| |
Traffic Offenders Act 1988 (c. 53) (inserted by section 14) after— |
| |
| |
(b) | such later time as may be specified in an order made by the Secretary |
| 25 |
| |
(2) | But at any time before the restriction imposed by subsection (1) has taken |
| |
effect, the Secretary of State may by order provide that it shall not do so. |
| |
(3) | In this section “the experimental period” means the period beginning when |
| |
section 14 comes into force and ending— |
| 30 |
(a) | when the restriction imposed by subsection (1) takes effect, or |
| |
(b) | if the Secretary of State makes an order under subsection (2), on a date |
| |
| |
(4) | During the experimental period— |
| |
(a) | no order shall be made under section 34D by virtue of a person’s |
| 35 |
conviction under section 3A of the Road Traffic Act 1988 (c. 52), and |
| |
(b) | no order shall be made under section 34D except by a magistrates’ |
| |
court acting for a local justice area (or, in Scotland, a sheriff court for a |
| |
district or a stipendiary magistrate for a commission area) which is for |
| |
the time being designated for the purposes of this section. |
| 40 |
(5) | In relation to orders made under section 34D during the experimental period, |
| |
section 34E(5) shall have effect with the omission of the references to the |
| |
| |
(6) | The power to designate an area or district for the purposes of this section is |
| |
exercisable by the Secretary of State by order, and includes power to revoke a |
| 45 |
designation previously made. |
| |
(7) | An order under subsection (6) must specify the period for which an area or |
| |
district is designated, and may— |
| |
(a) | specify different periods for different areas or districts, and |
| |
(b) | extend or shorten any period previously specified. |
| 50 |
|
| |
|
| |
|
(8) | The power to make an order under subsection (1) is not exercisable after the |
| |
end of 2010, and no more than one order may be made under that subsection. |
| |
(9) | Any power of the Secretary of State to make orders under this section is |
| |
exercisable by statutory instrument, and— |
| |
(a) | no order is to be made under subsection (1) or (2) unless a draft of it has |
| 5 |
been laid before, and approved by a resolution of, each House of |
| |
| |
(b) | any statutory instrument containing an order under subsection (6) is |
| |
subject to annulment in pursuance of a resolution of either House of |
| |
| 10 |
16 | Retro-reflective markings |
| |
In the Road Traffic Act 1988 (c. 52), after section 80 (approval marks) insert— |
| |
“80A | Retro-reflective markings |
| |
The Secretary of State may by regulations made by statutory |
| |
instrument require the fitting of retro-reflective tape complying with |
| 15 |
ECE 104 to international category vehicles N2 and N3 and on goods |
| |
trailers under the international classification 03 and 04 newly registered |
| |
| |
| |
| 20 |
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), in |
| |
column (7) (penalty points)— |
| |
(a) | for the entry relating to section 17(4) of the Road Traffic Regulation Act |
| |
1984 (c. 27) (traffic regulation on special roads), substitute “2-6 or |
| 25 |
appropriate penalty points (fixed penalty) if committed in respect of a |
| |
speed limit, 3 in any other case”, and |
| |
(b) | for the entry relating to section 89(1) of that Act (speeding offences |
| |
other than those on special roads), substitute “2-6 or appropriate |
| |
penalty points (fixed penalty)”. |
| 30 |
18 | Speed assessment equipment detection devices |
| |
(1) | In section 41 of the Road Traffic Act 1988 (regulation of construction, weight, |
| |
equipment and use of vehicles)— |
| |
(a) | in subsection (2), at the end insert— |
| |
“(m) | speed assessment equipment detection devices.”, and |
| 35 |
(b) | in subsection (7), at the end insert— |
| |
““speed assessment equipment detection device” means a |
| |
device the purpose, or one of the purposes, of which is |
| |
to detect, or interfere with the operation of, equipment |
| |
used to assess the speed of motor vehicles.” |
| 40 |
(2) | After section 41B of that Act (breach of requirement as to weight: goods and |
| |
|
| |
|
| |
|
passenger vehicles) insert— |
| |
“41C | Breach of requirement as to speed assessment equipment detection |
| |
| |
| |
(a) | contravenes or fails to comply with a construction or use |
| 5 |
requirement as to speed assessment equipment detection |
| |
| |
(b) | uses on a road a motor vehicle or trailer which does not comply |
| |
with such a requirement, or causes or permits a motor vehicle |
| |
or trailer to be so used, |
| 10 |
| is guilty of an offence.” |
| |
(3) | In section 42(a) of that Act (breach of other construction and use requirements), |
| |
for “or 41B(1)(a)” substitute “, 41B(1)(a), 41C(a)”. |
| |
(4) | In section 98(1) of the Road Traffic Offenders Act 1988 (c. 53) (interpretation), |
| |
at the appropriate place insert— |
| 15 |
““special road” in England and Wales has the same meaning as in |
| |
the Highways Act 1980 and in Scotland has the same meaning |
| |
as in the Roads (Scotland) Act 1984,”. |
| |
(5) | In Schedule 1 to that Act (offences to which certain sections apply), after the |
| |
entry relating to section 41B of the Road Traffic Act 1988 (c. 52) insert— |
| 20 |
| | Breach of requirement as to |
| Sections 11 and 12(1) of this |
| | | | | | | | | | | equipment detection device. |
| | | |
|
(6) | In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: |
| |
offences under the Traffic Acts), after the entry relating to section 41B of the |
| 25 |
Road Traffic Act 1988 insert— |
| |
|
(7) | In Schedule 3 to that Act (fixed penalty offences), after the entry relating to |
| |
section 41B of the Road Traffic Act 1988 insert— |
| 40 |
|
|
| |
|