Road Safety Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Road Safety Bill [HL]

Road Safety Bill [HL]
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New system of endorsement
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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.”
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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.”

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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
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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.”
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(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.

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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.
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All drivers
(1)
The Road Traffic Offenders Act 1988 (c. 53) (as amended by section 9 and
Schedule 2) is amended as follows.
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(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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(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—
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(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—
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(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
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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
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(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
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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)”.

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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”.
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(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
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records in the case of all drivers.
Deposits
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Financial penalty deposits
(1)
In the Road Traffic Offenders Act 1988 (c. 53), after Part 3 insert—
“Part 3A
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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.
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(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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(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
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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
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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
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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
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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,

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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,
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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
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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
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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
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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
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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
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exceeds the amount of the fixed penalty,
(b)
where subsection (9) above applies, the amount of the payment,
and