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Session 2005 - 06
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Other Bills before Parliament

Road Safety Bill [HL]


Road Safety Bill [HL]

5

 

New system of endorsement

8       

Driving record

In the Road Traffic Offenders Act 1988 (c. 53), after section 97 insert—

“97A    

Meaning of “driving record”

(1)   

In this Act “driving record”, in relation to a person, means a record in

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relation to the person maintained by the Secretary of State and

designed to be endorsed with particulars relating to offences

committed by the person under the Traffic Acts.

(2)   

The Secretary of State may make arrangements for the following

persons to have access, by such means as the Secretary of State may

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determine, to information held on a person’s driving record—

(a)   

courts,

(b)   

constables,

(c)   

fixed penalty clerks,

(d)   

the person in respect of whom the record is maintained and

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persons authorised by him, and

(e)   

other persons prescribed in regulations made by the Secretary

of State.

(3)   

The power to make regulations under subsection (2)(e) above shall be

exercisable by statutory instrument.

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(4)   

No regulations shall be made under subsection (2)(e) above unless a

draft of the instrument containing them has been laid before, and

approved by a resolution of, each House of Parliament.”

9       

Unlicensed and foreign drivers

(1)   

The Road Traffic Offenders Act 1988 is amended as follows.

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(2)   

In section 44 (endorsement of licences)—

(a)   

after subsection (3) insert—

“(3A)   

Where a person who is not the holder of a licence is convicted of

an offence involving obligatory endorsement, subsection (1)

above applies as if the reference to the counterpart of any

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licence held by him were a reference to his driving record.”, and

(b)   

for the heading substitute “Orders for endorsement”.

(3)   

After that section insert—

“44A    

Endorsement of driving record in accordance with order

(1)   

Where the court orders the endorsement of a person’s driving record

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with any particulars or penalty points it must send notice of the order

to the Secretary of State.

(2)   

On receiving the notice, the Secretary of State must endorse those

particulars or penalty points on the person’s driving record.

(3)   

A notice sent by the court to the Secretary of State in pursuance of this

40

section must be sent in such manner and to such address and contain

such particulars as the Secretary of State may require.”

 
 

Road Safety Bill [HL]

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(4)   

In section 54 (notices on-the-spot etc.), after subsection (5) insert—

“(5A)   

Where the offence appears to the constable or vehicle examiner to

involve obligatory endorsement, and the person is not the holder of a

licence, the constable or vehicle examiner may only give him a fixed

penalty notice under subsection (2) above in respect of the offence if the

5

constable or vehicle examiner is satisfied, on 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.

(5B)   

Subsection (5C) below applies where—

(a)   

the offence appears to the constable or vehicle examiner to

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involve obligatory endorsement,

(b)   

the person concerned is not the holder of a licence, and

(c)   

the constable or vehicle examiner is unable to satisfy himself, by

accessing information held on his driving record, that he would

not be liable to be disqualified under section 35 of this Act if he

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were convicted of that offence.

(5C)   

Where this subsection applies, the constable or vehicle examiner may

give the person a notice stating that if—

(a)   

he delivers the notice in accordance with subsection (5D) below,

and

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(b)   

the person to whom it is delivered is satisfied, on 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 the offence,

   

he will then be given a fixed penalty notice in respect of the offence.

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(5D)   

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

station chosen by the person concerned), or

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(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.

(5E)   

If a person to whom a notice has been given under subsection (5C)

above delivers the notice in accordance with subsection (5D) above,

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and the person to whom it is delivered is satisfied, on 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 the

offence, that person must give him a fixed penalty notice in respect of

the offence to which the notice under subsection (5C) relates.”

40

(5)   

After section 57 insert—

“57A    

Endorsement of driving records without hearings

(1)   

Subject to subsection (2) below, where a person who is not the holder of

a licence has been given a fixed penalty notice under section 54 of this

Act in respect of an offence involving obligatory endorsement, his

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driving record may be endorsed in accordance with this section

without any order of a court.

 
 

Road Safety Bill [HL]

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(2)   

A person’s driving record may not be endorsed under this section if at

the end of the suspended enforcement period—

(a)   

he has given notice, in the manner specified in the fixed penalty

notice, requesting a hearing in respect of the offence to which

the fixed penalty notice relates, and

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(b)   

the fixed penalty has not been paid in accordance with this Part

of this Act.

(3)   

If payment of the fixed penalty is made before the end of the suspended

enforcement period and the person to whom the payment is made is the

fixed penalty clerk, the fixed penalty clerk must send to the Secretary of

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State notice of the relevant particulars which are to be endorsed on the

person’s driving record.

(4)   

Where any sum determined by reference to the fixed penalty is

registered under section 71 of this Act for enforcement against the

person as a fine in a case where the fixed penalty is required to be paid

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to the fixed penalty clerk, the fixed penalty clerk must send to the

Secretary of State notice of the relevant particulars which are to be

endorsed on the person’s driving record—

(a)   

if he is himself the person who registers the sum, on the

registration of that sum, and

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(b)   

in any other case, on being notified of the registration by the

person who registers that sum.

(5)   

The Secretary of State must endorse the relevant particulars on the

person’s driving record if—

(a)   

he receives notice of them under subsection (3) or (4) above,

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(b)   

the fixed penalty is paid to him before the end of the suspended

enforcement period, or

(c)   

in a case where the fixed penalty is required to be paid to the

Secretary of State, any sum determined by reference to the fixed

penalty is registered under section 71 of this Act for

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enforcement against the person as a fine.

(6)   

References in this section to the relevant particulars are to—

(a)   

particulars of the offence, including the date when it was

committed, and

(b)   

the number of penalty points to be attributed to the offence.”

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(6)   

Schedule 2 contains further amendments about the endorsement of driving

records in the case of unlicensed and certain foreign drivers.

10      

All drivers

(1)   

The Road Traffic Offenders Act 1988 (c. 53) (as amended by section 9 and

Schedule 2) is amended as follows.

40

(2)   

In section 44 (orders for endorsement)—

(a)   

in subsection (1), for “the counterpart of any licence held by him”

substitute “his driving record”, and

(b)   

omit subsection (3A).

(3)   

Section 54 (notices on-the-spot etc.) is amended as follows.

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Road Safety Bill [HL]

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(4)   

For subsections (3) to (5E) substitute—

“(3)   

Where the offence appears to the constable or vehicle examiner to

involve obligatory endorsement, the constable or vehicle examiner may

only give him a fixed penalty notice under subsection (2) above in

respect of the offence if—

5

(a)   

the constable or vehicle examiner is satisfied, on 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, and

(b)   

in the case of a person who is the holder of a licence, he

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produces it for inspection by the constable or vehicle examiner

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—

15

(a)   

the constable or vehicle examiner is unable to satisfy himself, by

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

20

produce it for inspection by the constable or vehicle examiner.

(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

25

(b)   

the requirements of subsection (5B) below are met,

   

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

30

person at the police station specified in the notice (being a police

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.

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(5B)   

If a person to whom a notice has been given under subsection (5) above

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

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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 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,

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the person to whom the notice is delivered must give him a fixed

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)”.

 
 

Road Safety Bill [HL]

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(6)   

In subsection (7), omit “and a counterpart of a licence”.

(7)   

Omit section 57 (endorsement of counterparts without hearings).

(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”.

5

(10)   

In subsection (3), at the end insert “and return to that person any licence

surrendered by him under section 54 of this Act.”

(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

10

records in the case of all drivers.

Deposits

11      

Financial penalty deposits

(1)   

In the Road Traffic Offenders Act 1988 (c. 53), after Part 3 insert—

“Part 3A

15

Financial penalty deposits

90A     

Power to impose financial penalty deposit requirement

(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.

20

(2)   

The constable or vehicle examiner must have reason to believe—

(a)   

that the person is committing or has on that occasion committed

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

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made by the Secretary of State.

(3)   

The person must be—

(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

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notification or given a fixed penalty notice (or, in Scotland,

handed a conditional offer) in respect of the offence.

(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

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would be possible to find the person whenever necessary to do so in

connection with the proceedings, fixed penalty notice or conditional

offer.

(5)   

The person who is to impose the financial penalty deposit

requirement—

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Road Safety Bill [HL]

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(a)   

if a constable, must be in uniform, and

(b)   

if a vehicle examiner, must produce his authority.

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

5

amount to the Secretary of State—

(a)   

in a manner specified in an order made by him, and

(b)   

either immediately or within the relevant period.

(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

10

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

appears likely that proceedings will be brought against him or

given a fixed penalty notice (or handed a conditional offer), and

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(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

are not brought in respect of the offence by virtue of this Act

before the end of the suspended enforcement period, the

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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

end of the period of 28 days following the date on which the

conditional offer was given or any longer period specified in the

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conditional offer, that period, and

(c)   

otherwise, the period ending with the person being charged

with the offence.

90C     

Making of payment in compliance with requirement

(1)   

This section applies where a person on whom a financial penalty

30

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).

(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

35

for the payment specifying the effect of the following provisions of this

section.

(3)   

If the person was handed a conditional offer—

(a)   

the person is entitled to give notice requesting a hearing in

respect of the offence, and

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(b)   

the written receipt must specify the manner in which such

notice is to be given.

(4)   

In a case where—

(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

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him,

 
 

Road Safety Bill [HL]

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(b)   

the person does not give notice requesting a hearing in respect

of the offence before the end of the relevant period in the

appropriate manner, and

(c)   

proceedings are not brought in respect of the offence by virtue

of this Act,

5

   

subsection (6) below applies.

(5)   

In subsection (4)(b) above “the appropriate manner” means—

(a)   

if the person was given a fixed penalty notice, the manner

specified in the fixed penalty notice, and

(b)   

if he was handed a conditional offer, the manner specified in the

10

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,

and

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(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

offence, is acquitted of the offence or is convicted but not fined

20

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

(otherwise than as a result of a conviction obtained on a

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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

deposit requirement or, if shorter, any period after which no

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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—

(a)   

apply so much of the payment as does not exceed the amount of

35

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

appropriate steps to make an appropriate refund, he must take such

40

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—

(a)   

where subsection (6) above applies, so much of the payment as

45

exceeds the amount of the fixed penalty,

(b)   

where subsection (9) above applies, the amount of the payment,

and

 
 

 
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