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]
Schedule 3 — Endorsement: all drivers
81

      (2)
For subsections (1) and (2) substitute—
“(1)
The Secretary of State may endorse the driving record of a Northern
Ireland licence holder who delivers to him a Northern Ireland licence
together with the information specified in, or required under,
subsection (3) below with any part of that information.”
5
      (3)
For subsections (4) and (5) substitute—
“(4)
Where the name of a Northern Ireland licence holder as specified in
his Northern Ireland licence ceases to be correct, he may deliver his
Northern Ireland licence immediately to the Secretary of State and
provide him with particulars of the alterations falling to be made in
10
the name on it.
(5)
On the delivery of a Northern Ireland licence by any person in
pursuance of subsection (4) above, the Secretary of State may
endorse the Northern Ireland licence and that person’s driving
record with the correct name and must return the Northern Ireland
15
licence to that person.”
      (4)
In the heading, for ‘Counterparts issued to’ substitute ‘Information about’.
17    (1)
Section 109B (revocation of authorisation conferred by Northern Ireland
licence because of disability or prospective disability) is amended as follows.
      (2)
In subsection (1), omit the words from “together” to the end.
20
      (3)
In subsection (2)—
(a)
in paragraph (a), omit “together with the relevant counterparts”, and
(b)
in paragraph (b), omit “and those counterparts”.
      (4)
In subsection (4), omit “and the relevant counterparts”.
      (5)
Omit subsection (5).
25
18
In section 115A(1) (community licence holders: cessation of authorisation),
omit “and its counterpart (if any)”.
19
In section 117A (community licences: disqualification, etc.), omit “and its
counterpart (if any)” in both places.
20    (1)
Section 118 (revoked or suspended licences: surrender, return and
30
endorsement) is amended as follows.
      (2)
In subsection (1), omit “and its counterpart”.
      (3)
For subsection (2) substitute—
“(2)
Where, in pursuance of section 115 of this Act, the Secretary of State
suspends a licence, he must (unless the holder of the licence has
35
already delivered his licence to a traffic commissioner on a reference
under section 116 of this Act) serve notice on the holder of the licence
requiring him to deliver the licence forthwith to the Secretary of State
at the address specified in the notice, and it shall be the duty of the
holder of the licence to comply with the requirement.
40
(2A)
On the delivery of the licence or, where the licence has already been
delivered to a traffic commissioner, on suspending the licence, the

Road Safety Bill [HL]
Schedule 3 — Endorsement: all drivers
82

Secretary of State must endorse the particulars of the suspension on
the licence holder’s driving record.
(2B)
The Secretary of State or, as the case may be, the traffic
commissioner, must then return the licence to the holder.”
      (4)
In subsection (4), omit “and its counterpart”.
5
      (5)
Omit subsection (5).
21
In section 121 (interpretation), omit the definition of “counterpart”.
22
In section 122(3) (provisions as to Northern Ireland licences)—
(a)
for “and its counterpart are” substitute “is”, and
(b)
for “them” substitute “it”.
10
23
In section 125A(8) (registration of disabled persons), in paragraph (c) of the
definition of “disabled person’s limited driving licence”, omit “and a
counterpart of that licence”.
24
In section 141A(5) (interpretation of Part 5) (as substituted by Schedule 5),
omit “and “counterpart”, in relation to a Community licence”.
15
25
In section 142 (index to Part 5) (as substituted by Schedule 5), omit “and
counterpart”.
26    (1)
Section 164 (power of constables to require production of driving licence and
in certain cases statement of date of birth) is amended as follows.
      (2)
Omit “and its counterpart” in each place.
20
      (3)
In subsection (1), for “they were” substitute “it was”.
      (4)
In subsection (3)—
(a)
for “their” substitute “its”, and
(b)
for “them”, in both places, substitute “it”.
      (5)
In subsection (5)—
25
(a)
for “them”, in each place, substitute “it”, and
(b)
for “their” substitute “its”.
      (6)
In subsection (7), for “their”, in both places, substitute “its”.
      (7)
In subsection (8)—
(a)
for “them”, in each place, substitute “it”, and
30
(b)
for “their” substitute “its”.
      (8)
In subsection (11), omit the reference to “counterpart”.
27
In section 167(a) (power of arrest in Scotland for reckless or careless driving
or cycling), for the words from “and the counterpart” to the end substitute
“or, as the case may be, his Northern Ireland licence or Community licence
35
within the meaning of that Part.”
28    (1)
Section 173 (forgery of documents etc.) is amended as follows.
      (2)
In subsection (2)—
(a)
in paragraph (a), omit the words from “or” to the end, and
(b)
omit paragraph (aa).
40

Road Safety Bill [HL]
Schedule 3 — Endorsement: all drivers
83

      (3)
In subsection (4), omit ““counterpart”,”.
29
In section 176 (power to seize articles), omit subsections (1A), (3A) and (8).
Road Traffic Offenders Act 1988 (c. 53)
30
The Road Traffic Offenders Act 1988 (as amended by Schedule 2) is
amended as follows.
5
31
In section 7(1) (duty of accused to provide licence), omit the words from
“and the foregoing” to the end.
32    (1)
Section 26 (interim disqualification) is amended as follows.
      (2)
In subsection (7)—
(a)
in paragraph (a), omit “and its counterpart”, and
10
(b)
in paragraph (b), omit “and counterpart” and for “them” substitute
“it”.
      (3)
In subsection (8)—
(a)
omit “and its counterpart”,
(b)
for “them” substitute “it”, and
15
(c)
omit “and counterpart”.
      (4)
In subsection (9)(b)—
(a)
omit “and its counterpart”,
(b)
omit “and counterpart”, and
(c)
for “their” substitute “its”.
20
      (5)
Omit subsection (14).
33    (1)
Section 27 (production of licence) is amended as follows.
      (2)
Omit “and its counterpart” in each place.
      (3)
In subsection (1), for “them” substitute “it”.
      (4)
In subsection (3)(b), for “are produced” substitute “is produced”.
25
      (5)
In subsection (4), for “their” substitute “its”.
34
In section 28(3) (penalty points to be attributed to an offence), for “57(5),
57A(6), 77(5)” substitute “57A(6)”.
35    (1)
Section 29 (penalty points to be taken into account on conviction) is
amended as follows.
30
      (2)
In subsection (1)(b), omit “the counterpart of any licence held by him or on”.
      (3)
Omit subsection (3).
36    (1)
Section 30 (modification of sections 28 and 29 in case where fixed penalty
also in question) is amended as follows.
      (2)
In subsection (1)(b)—
35
(a)
omit “the counterpart of his licence or”, and
(b)
for “57, 57A, 77” substitute “57A”.
      (3)
In subsection (2)(b)—
(a)
omit “on the counterpart of his licence or”, and

Road Safety Bill [HL]
Schedule 3 — Endorsement: all drivers
84

(b)
for “57, 57A, 77” substitute “57A”.
37
In section 31(1) (court may take particulars endorsed into consideration),
omit “the counterpart of his licence or on”.
38
Omit section 32 (in Scotland court may take extract from licensing records
into account).
5
39
In section 36 (disqualification until test passed), omit subsection (10).
40    (1)
Section 42 (removal of disqualification) is amended as follows.
      (2)
In subsection (5), for paragraph (a) substitute—
“(a)
must send notice of the order to the Secretary of State,”.
      (3)
Omit subsection (5A).
10
      (4)
In subsection (5AA), for “(5)(a)(ii)” substitute “(5)(a)”.
      (5)
In subsection (5B), for “(5)(a)(ii) or (5A)” substitute “(5)(a)”.
41
Omit section 45 (effect of endorsement of counterparts).
42
In section 45A (effect of endorsement of driving records), for subsections (3)
to (5) substitute—
15
“(3)
An endorsement ordered on a person’s conviction of an offence
remains effective (subject to subsections (4) and (5) below)—
(a)
if an order is made for the disqualification of the offender,
until four years have elapsed since the conviction, and
(b)
if no such order is made, until either—
20
(i)
four years have elapsed since the commission of the
offence, or
(ii)
an order is made for the disqualification of the
offender under section 35 of this Act.
(4)
Where the offence was one under section 1 or 2 of the Road Traffic
25
Act 1988 (causing death by dangerous driving and dangerous
driving), the endorsement remains in any case effective until four
years have elapsed since the conviction.
(5)
Where the offence was one—
(a)
under section 3A, 4(1) or 5(1)(a) of that Act (driving offences
30
connected with drink or drugs),
(b)
under section 7(6) of that Act (failing to provide specimen)
involving obligatory disqualification, or
(c)
under section 7A(6) of that Act (failing to allow a specimen to
be subjected to laboratory test),
35

the endorsement remains effective until eleven years have elapsed
since the conviction.”
43
In section 46(2)(b) (combination of disqualification and endorsement with
probation orders and orders for discharge), omit “the counterpart of any
licence held by him or on”.
40
44    (1)
Section 47 (supplementary provisions as to disqualifications and
endorsements) is amended as follows.

Road Safety Bill [HL]
Schedule 3 — Endorsement: all drivers
85

      (2)
For subsection (2) substitute—
“(2)
Where a court orders the endorsement of a person’s driving record it
may, and where a court orders a person to be disqualified for a
period of 56 days or more it must, send any licence of the person that
is produced to the court, to the Secretary of State.”
5
      (3)
In subsection (2A), omit “and its counterpart”.
      (4)
In subsection (3), omit “a licence or”.
      (5)
In subsection (3A), omit “in relation to a person who is not the holder of a
licence,”.
      (6)
In subsection (4), omit “and the counterpart of a licence”.
10
45    (1)
Section 48 (exemption from disqualification and endorsement for certain
construction and use offences) is amended as follows.
      (2)
In subsections (1) and (2), omit “the counterpart of any licence held by him
or on”.
      (3)
Omit subsection (3).
15
46    (1)
Section 56 (licence receipts) is amended as follows.
      (2)
Omit “and its counterpart” in each place.
      (3)
In subsection (2), for “them” substitute “it”.
47
Omit section 58 (effect of endorsement of counterpart without hearing).
48
Omit section 61 (fixed penalty notice mistakenly given to licence holder:
20
exclusion of fixed penalty procedures).
49    (1)
Section 61A (fixed penalty notice mistakenly given to unlicensed person:
exclusion of fixed penalty procedures) is amended as follows.
      (2)
In subsection (1), omit “but who is not the holder of a licence,”.
      (3)
In subsection (3), insert at the end “and send the chief officer of police any
25
licence sent to him under section 54(7) of this Act.”
      (4)
In the heading, omit “to unlicensed person”.
50    (1)
Section 72 (notices on-the-spot etc.: when registration and endorsement
invalid) is amended as follows.
      (2)
Omit subsection (4).
30
      (3)
In subsection (5), omit “57 or”.
      (4)
Omit subsection (6).
51    (1)
Section 75 (issue of conditional offer) is amended as follows.
      (2)
In subsections (5) and (6), for “, 77 and 77A”, substitute “and 77A”.
      (3)
Omit subsection (8).
35
      (4)
In subsection (8A)—
(a)
omit “who is not the holder of a licence”, and

Road Safety Bill [HL]
Schedule 3 — Endorsement: all drivers
86

(b)
in paragraph (a), for the words after “offender” substitute—
“(i)
makes payment of the fixed penalty to the
appropriate person, and
(ii)
where he is the holder of a licence and the
offence to which the offer relates is an offence
5
involving obligatory endorsement, at the
same time delivers his licence to the
appropriate person, and”.
      (5)
In subsection (11A), for “, 77 and 77A”, substitute “and 77A”.
      (6)
Omit subsection (12).
10
52    (1)
Section 76 (effect of offer and payment of penalty) is amended as follows.
      (2)
In subsection (3)—
(a)
in paragraph (a), omit “inspecting the licence and its counterpart or
(where the alleged offender is not the holder of a licence)” and for
“his” substitute “the alleged offender’s”, and
15
(b)
in paragraph (b), omit “and its counterpart”.
      (3)
In subsection (4), for “75(8)(a) or (8A)(a)” substitute “75(8A)(a)”.
      (4)
Omit subsection (8).
53
Omit section 77 (endorsement of counterparts where penalty paid).
54    (1)
Section 77A (endorsement of driving records where penalty paid) is
20
amended as follows.
      (2)
In subsection (1)—
(a)
omit “who is not the holder of a licence”,
(b)
after “to the fixed penalty clerk” insert “and (if he is the holder of a
licence) delivers his licence to the fixed penalty clerk”, and
25
(c)
insert at the end “together with any licence delivered under
paragraph (a) above”.
      (3)
In subsection (2)—
(a)
after “record” insert “and return any licence delivered to him under
this section to the alleged offender”,
30
(b)
omit “who is not the holder of a licence”, and
(c)
after “to him” insert “and (if he is the holder of a licence) delivers his
licence to him,”.
55    (1)
Section 83 (powers of court in cases of deception) is amended as follows.
      (2)
Omit subsection (1).
35
      (3)
In subsection (1A), omit “also”.
      (4)
In subsection (2), omit—
(a)
“57 or”, and
(b)
“77 or”.
56
In section 84(1)(a) (regulations), for “54(4) or (5C)” substitute “54(5)”.
40
57    (1)
Section 91ZA (application to Northern Ireland licence holders) is amended
as follows.

Road Safety Bill [HL]
Schedule 3 — Endorsement: all drivers
87

      (2)
In subsection (1)—
(a)
in paragraph (b), omit “and (9)(b)”,
(b)
omit paragraphs (d) to (f),
(c)
omit paragraphs (h) to (j),
(d)
in paragraph (k), omit “, (3) and (3A)”, and
5
(e)
omit paragraph (l).
      (3)
Omit subsections (3) to (6).
      (4)
In subsection (7)—
(a)
omit “and its counterpart (if any)”, and
(b)
for “their” substitute “its”.
10
      (5)
In subsection (8), omit “and its counterpart”.
      (6)
In subsection (9)—
(a)
in paragraph (a), for “subsection (5) above” substitute “section 44A
above of an order for the endorsement of a person’s driving record”,
and
15
(b)
in paragraph (b)(i), after “licence” insert “, or a person normally
resident in Northern Ireland who does not hold a licence,”.
58
Omit section 91ZB (effect of endorsement on Northern Ireland licence
holders).
59    (1)
Section 91A (application to Community licence holders) is amended as
20
follows.
      (2)
In subsection (1), for the words from “27” to “48(1) and (2)” substitute “and
32”.
      (3)
Omit subsections (2) to (4).
      (4)
In subsection (5)—
25
(a)
omit “and its counterpart (if any)”, and
(b)
for “their” substitute “its”.
      (5)
Omit subsection (6).
      (6)
For subsection (7) substitute—
“(7)
Where—
30
(a)
a notice is sent to the Secretary of State under section 44A
above for the endorsement of a person’s driving record with
any particulars or penalty points, and
(b)
the particulars contained in the notice include—
(i)
particulars of an offence in respect of which the
35
holder of a Community licence, or a person normally
resident in another EEA state who does not hold a
licence, is disqualified by an order of a court, and
(ii)
particulars of the disqualification,

the Secretary of State must send a notice containing the particulars
40
mentioned in paragraph (b)(i) and (ii) to the licensing authority in
the EEA state in respect of which the Community licence was issued
or, where the person disqualified is not the holder of a licence, the