Road Safety Bill [HL]

House of Commons

Session 2005 - 06
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Road Safety Bill [HL]

Road Safety Bill [HL]
Schedule 3 — Endorsement: all drivers
88

licensing authority in the EEA state where the person is normally
resident.
(7A)
Where a Community licence has been sent to the Secretary of State in
pursuance of subsection (5) above, he must return the Community
licence to the holder—
5
(a)
on the expiry of the period of disqualification, or
(b)
if earlier, on being satisfied that the holder has left Great
Britain and is not normally resident there.”
      (7)
Omit subsections (8) to (10).
60
Omit section 91B (effect of endorsement on Community licence holders).
10
61
In section 98(1) (interpretation)—
(a)
in the definition of “the provisions connected with the licensing of
drivers”, for “91ZA to 91B” substitute “91ZA, 91A”, and
(b)
in the words following the definition of “the Traffic Acts”, omit
““counterpart”,”.
15
62    (1)
Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply) is amended
as follows.
      (2)
In the entries relating to sections 98A(7) and 99(5) of the Road Traffic Act
1988 (c. 52), omit “and counterpart”.
      (3)
In the entry relating to section 164(6) of that Act, omit “and counterpart etc.”.
20
63    (1)
Part 1 of Schedule 2 (prosecution and punishment of offences: offences
under the Traffic Acts) is amended as follows.
      (2)
In the entries relating to the following provisions, omit “and counterpart”—
(a)
section 92(7C) of the Road Traffic Act 1988,
(b)
section 93(3) of that Act,
25
(c)
section 98A(7) of that Act,
(d)
section 99(5) of that Act,
(e)
section 118 of that Act,
(f)
section 26 of the Road Traffic Offenders Act 1988 (c. 53), and
(g)
section 27 of that Act.
30
      (3)
In the entry relating to section 164 of the Road Traffic Act 1988, omit “or
counterpart etc.”.
      (4)
In the entry relating to section 173 of that Act, omit “counterparts of
Community licences,”.
64
In Schedule 5 (Scotland: additional offences open to conditional offer), in the
35
entry relating to section 99(5) of the Road Traffic Act 1988, omit—
(a)
“and its counterpart”, and
(b)
“and counterpart”.
Child Support Act 1991 (c. 48)
65    (1)
Section 40B of the Child Support Act 1991 (disqualification from driving:
40
further provision) is amended as follows.
      (2)
In subsection (4), omit the words from “and” to the end.

Road Safety Bill [HL]
Schedule 3 — Endorsement: all drivers
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      (3)
In subsection (9)—
(a)
omit “and its counterpart”, and
(b)
for “their” substitute “its”.
Road Traffic (New Drivers) Act 1995 (c. 13)
66
The Road Traffic (New Drivers) Act 1995 is amended as follows.
5
67    (1)
Section 2 (surrender of licences) is amended as follows.
      (2)
For subsection (2) substitute—
“(2)
Where this subsection applies, the court must, together with the
notice of the order referred to in subsection (1)(d) required to be sent
to the Secretary of State under section 44A of the Road Traffic
10
Offenders Act 1988, send the person’s licence on its production to the
court.”
      (3)
In subsection (3)—
(a)
in paragraph (a), for “and its counterpart have” substitute “has”,
(b)
in paragraph (c)—
15
(i)
omit “appropriate person endorses the number of”, and
(ii)
for “on the counterpart of the licence” substitute “are to be
endorsed on the person’s driving record”, and
(c)
in paragraph (f)—
(i)
before “endorsed” insert “to be”, and
20
(ii)
for “counterpart of the licence” substitute “person’s driving
record”.
      (4)
In subsection (4)—
(a)
in paragraph (a)—
(i)
omit “and its counterpart”, and
25
(ii)
for “57(3) or (4) or 77(1)” substitute “57A(3) or (4) or 77A(2)”,
and
(b)
in paragraph (b), insert at the end “together with the notice he is
required to send under section 57A or 77A of that Act of the
particulars to be endorsed on the person’s driving record”.
30
68
In section 3 (revocation of licences), for subsection (1) substitute—
“(1)
Where the Secretary of State receives—
(a)
a notice sent to him under section 44A, 57A or 77A of the
Road Traffic Offenders Act 1988 of particulars required to be
endorsed on a person’s driving record, and
35
(b)
a person’s licence sent to him in accordance with section 2(2)
or (4)(b),

the Secretary of State must by notice served on that person revoke the
licence.”
69
In section 9(5) (interpretation etc.), omit “and its counterpart” in both places.
40
70    (1)
Schedule 1 (newly qualified drivers holding test certificates) is amended as
follows.
      (2)
In paragraph 3—
(a)
in sub-paragraph (2), omit “and its counterpart”, and

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Schedule 3 — Endorsement: all drivers
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(b)
in sub-paragraph (4)(a), omit “(with its counterpart)”.
      (3)
In paragraph 4—
(a)
for sub-paragraph (2) substitute—
    “(2)
The court must send to the Secretary of State, on its
production to the court, the person’s test certificate,
5
together with the notice of the order referred to in section
2(1)(d).”, and
(b)
in sub-paragraph (4), for the words following “State” substitute “the
person’s test certificate together with the notice he is required to
send under section 57A or 77A of the particulars to be endorsed on
10
the person’s driving record.”
      (4)
In paragraph 5(1)—
(a)
for “paragraph 4” substitute “section 44A, 57A or 77A of the Road
Traffic Offenders Act 1988”,
(b)
for “or endorsed on the counterpart of a person’s licence” substitute
15
“on a person’s driving record”, and
(c)
for “(4)(b)” substitute “(4)”.
      (5)
In paragraph 7—
(a)
for sub-paragraph (2) substitute—
    “(2)
The court must, together with the notice of the order
20
referred to in section 2(1)(d), send to the Secretary of
State—
(a)
on its production to the court, the person’s licence,
and
(b)
on its production to the court, the person’s test
25
certificate.”, and
(b)
in sub-paragraph (4)—
(i)
in paragraph (a), omit “and its counterpart”,
(ii)
in that paragraph, for “57(3) or (4) or 77(1)” substitute “57A(3)
or (4) or 77A(2)”, and
30
(iii)
in paragraph (b), for “them” substitute “it” and insert at the
end “together with the notice he is required to send under
section 57A or 77A of that Act of the particulars to be
endorsed on the person’s driving record.”
      (6)
In paragraph 8(1)(a),—
35
(a)
for “paragraph 7(2)(a)” substitute “section 44A, 57A or 77A of the
Road Traffic Offenders Act 1988”,
(b)
for “the counterpart of a person’s licence” substitute “a person’s
driving record,
(c)
omit “and its counterpart”, and
40
(d)
for “7(2)(b)” substitute “7(2)(a)”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
71
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
72    (1)
Section 146 (driving disqualification for any offence) is amended as follows.
      (2)
In subsection (4)—
45

Road Safety Bill [HL]
Schedule 3 — Endorsement: all drivers
91

(a)
in paragraph (a), omit “together with its counterpart”, and
(b)
in paragraphs (aa) and (b), omit “and its counterpart (if any)”.
      (3)
In subsection (5), omit the definition of “counterpart”.
73    (1)
Section 147 (driving disqualification where vehicle used for purposes of
crime) is amended as follows.
5
      (2)
In subsection (5)—
(a)
in paragraph (a), omit “together with its counterpart”, and
(b)
in paragraphs (aa) and (b), omit “and its counterpart (if any)”.
      (3)
In subsection (7), for “and “counterpart” have the meanings” substitute “has
the meaning”.
10
Crime (International Co-operation) Act 2003 (c. 32)
74
The Crime (International Co-operation) Act 2003 is amended as follows.
75    (1)
Section 63 (production of licence: Great Britain) is amended as follows.
      (2)
Omit “and its counterpart” in each place.
      (3)
In subsections (3)(b) and (4)(b), for “them” substitute “it”.
15
      (4)
In subsection (7), omit the second sentence.
76    (1)
Section 64 (production of licence: Northern Ireland) is amended as follows.
      (2)
Omit “and its counterpart” in each place.
      (3)
In subsections (3)(b) and (4)(b), for “them” substitute “it”.
      (4)
In subsection (7), omit the second sentence.
20
77    (1)
Section 68 (endorsement of licence: Great Britain) is amended as follows.
      (2)
For subsections (2) to (5) substitute—
“(2)
The Secretary of State must secure that the particulars of the
disqualification are endorsed on the person’s driving record until the
end of the period for which the endorsement remains effective.
25
(3)
At the end of the period for which the endorsement remains effective
the Secretary of State must remove the endorsement from the
person’s driving record.”
      (3)
For subsection (7) substitute—
“(7)
Where the person ceases to be disqualified by virtue of section 57(6),
30
the Secretary of State must endorse the relevant particulars on his
driving record.

In this section and section 69 “driving record” has the meaning given
by section 97A of the Road Traffic Offenders Act 1988.”
78    (1)
Section 69 (endorsement of licence: Northern Ireland) is amended as follows.
35

Road Safety Bill [HL]
Schedule 4 — New Schedule 2A to the Road Traffic Act 1988
92

      (2)
For subsections (2) to (5) substitute—
“(2)
The Department must secure that the particulars of the
disqualification are endorsed on the person’s driving record until the
end of the period for which the endorsement remains effective.
(3)
At the end of the period for which the endorsement remains effective
5
the Department must secure that the endorsement is removed from
the person’s driving record.”
      (3)
For subsection (7) substitute—
“(7)
Where the person ceases to be disqualified by virtue of section 57(6),
the Department must secure that the relevant particulars are
10
endorsed on his driving record.”
79
In section 74(1) (interpretation), omit the definition of “counterpart”.
Criminal Justice Act 2003 (c. 44)
80    (1)
Section 301 of the Criminal Justice Act 2003 (fine defaulters: driving
disqualification) is amended as follows.
15
      (2)
In subsection (6)—
(a)
in paragraph (a), omit “together with its counterpart”, and
(b)
in paragraph (b), omit “and its counterpart (if any)”.
      (3)
In subsection (7), omit the definition of “counterpart”.
Schedule 4
20
Section 22

New Schedule 2A to the Road Traffic Act 1988

The Schedule inserted after Schedule 2 to the Road Traffic Act 1988 (c. 52) is
as follows—
“Schedule 2A
Section 144D

Offence of keeping vehicle which does not meet insurance
25
requirements: immobilisation, removal and disposal of vehicles
Immobilisation
1     (1)
Regulations may make provision with respect to any case where
an authorised person has reason to believe that, on or after such
date as may be prescribed, an offence under section 144A of this
30
Act is being committed as regards a vehicle which is stationary on
a road or other public place.
      (2)
The regulations may provide that the authorised person or a
person acting under his direction may—
(a)
fix an immobilisation device to the vehicle while it remains
35
in the place where it is stationary, or

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Schedule 4 — New Schedule 2A to the Road Traffic Act 1988
93

(b)
move it from that place to another place on the same or
another road or public place and fix an immobilisation
device to it in that other place.
      (3)
The regulations may provide that on any occasion when an
immobilisation device is fixed to a vehicle in accordance with the
5
regulations the person fixing the device must also fix to the vehicle
a notice—
(a)
indicating that the device has been fixed to the vehicle and
warning that no attempt should be made to drive it or
otherwise put it in motion until it has been released from
10
the device,
(b)
specifying the steps to be taken to secure its release, and
(c)
giving such other information as may be prescribed.
      (4)
The regulations may provide that a vehicle to which an
immobilisation device has been fixed in accordance with the
15
regulations—
(a)
may only be released from the device by or under the
direction of an authorised person, but
(b)
subject to that, must be released from the device if the first
and second requirements specified below are met.
20
      (5)
The first requirement is that such charge in respect of the release
as may be prescribed is paid in any manner specified in the
immobilisation notice.
      (6)
The second requirement is that, in accordance with instructions
specified in the immobilisation notice, there is produced such
25
evidence as may be prescribed establishing—
(a)
that any person who proposes to drive the vehicle away
will not in doing so be guilty of an offence under section
143 of this Act, and
(b)
that the person in whose name the vehicle is registered
30
under the Vehicle Excise and Registration Act 1994 is not
guilty of an offence under section 144A of this Act as
regards the vehicle.
      (7)
The regulations may provide that they do not apply in relation to
a vehicle if—
35
(a)
a current disabled person’s badge is displayed on the
vehicle, or
(b)
such other conditions as may be prescribed are fulfilled,

and “disabled person’s badge” means a badge issued, or having
effect as if issued, under any regulations for the time being in force
40
under section 21 of the Chronically Sick and Disabled Persons Act
1970.
      (8)
The regulations may provide that an immobilisation notice is not
to be removed or interfered with except by or on the authority of
a person falling within a prescribed description.
45

Road Safety Bill [HL]
Schedule 4 — New Schedule 2A to the Road Traffic Act 1988
94

Offences connected with immobilisation
2     (1)
The regulations may provide that a person contravening provision
made under paragraph 1(8) above is guilty of an offence.
      (2)
The regulations may provide that a person who, without being
authorised to do so in accordance with provision made under
5
paragraph 1 above, removes or attempts to remove an
immobilisation device fixed to a vehicle in accordance with the
regulations is guilty of an offence.
      (3)
The regulations may provide that where they would apply in
relation to a vehicle but for provision made under paragraph
10
1(7)(a) above and the vehicle was not, at the time it was stationary,
being used—
(a)
in accordance with regulations under section 21 of the
Chronically Sick and Disabled Persons Act 1970, and
(b)
in circumstances falling within section 117(1)(b) of the
15
Road Traffic Regulation Act 1984 (use where a disabled
person’s concession would be available),

the person in charge of the vehicle at that time is guilty of an
offence.
      (4)
The regulations may provide that where—
20
(a)
a person makes a declaration with a view to securing the
release of a vehicle from an immobilisation device
purported to have been fixed in accordance with the
regulations,
(b)
the declaration is that no offence under section 144A of this
25
Act is or was being committed as regards the vehicle, and
(c)
the declaration is to the person’s knowledge either false or
in any material respect misleading,

he is guilty of an offence.
Removal and disposal of vehicles
30
3     (1)
The regulations may make provision with respect to any case
where—
(a)
an authorised person has reason to believe that an offence
under section 144A of this Act is being committed as
regards a vehicle which is stationary on a road or other
35
public place, and such conditions as may be prescribed are
fulfilled, or
(b)
an authorised person has reason to believe that such an
offence was being committed as regards a vehicle at a time
when an immobilisation device which is fixed to the
40
vehicle was fixed to it in accordance with the regulations,
and such conditions as may be prescribed are fulfilled.
      (2)
The regulations may provide that the authorised person, or a
person acting under his direction, may remove the vehicle and
deliver it into the custody of a person—
45
(a)
who is identified in accordance with prescribed rules, and