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Road Safety Bill [HL]


Road Safety Bill [HL]
Schedule 1 — Giving of fixed penalty notices by vehicle examiners etc.

69

 

Road Traffic (New Drivers) Act 1995 (c. 13)

24         

The Road Traffic (New Drivers) Act 1995 is amended as follows.

25    (1)  

Section 2 (surrender of licences) is amended as follows.

      (2)  

In subsection (3)—

(a)   

in paragraph (a)—

5

(i)   

after “1988” insert “, retained by a vehicle examiner under

that section”, and

(ii)   

for “fixed penalty clerk in” substitute “appropriate person

in”, and

(b)   

in paragraphs (c), (d) and (f), for “fixed penalty clerk” substitute

10

“appropriate person”.

      (3)  

In subsection (4)—

(a)   

omit “, the fixed penalty clerk”,

(b)   

in paragraph (a), insert at the beginning “the appropriate person”,

and

15

(c)   

in paragraph (b), insert at the beginning “unless the appropriate

person is the Secretary of State, he”.

      (4)  

In subsection (5), omit “by the fixed penalty clerk”.

      (5)  

After subsection (6) insert—

“(7)   

In this section and section 3—

20

“the appropriate person”, in relation to a fixed penalty notice,

means—

(a)   

if it was given by a constable or an authorised person,

the fixed penalty clerk, and

(b)   

if it was given by a vehicle examiner or the Secretary

25

of State, the Secretary of State, and

“the appropriate person”, in relation to a conditional offer,

means—

(a)   

where the conditional offer was issued under

subsection (1), (2) or (3) of section 75 of the Road

30

Traffic Offenders Act 1988, the fixed penalty clerk,

and

(b)   

where it was issued under subsection (1A) or (3B) of

that section, the Secretary of State.”

26    (1)  

Section 3 (revocation of licences) is amended as follows.

35

      (2)  

In subsection (1), for “(4)” substitute “(4)(b)”.

      (3)  

After that subsection insert—

“(1ZA)   

Where section 2(4)(a) applies but the appropriate person is the

Secretary of State, the Secretary of State must by notice served on the

person to whom the fixed penalty notice or conditional offer was

40

given or issued, revoke that person’s licence.”

      (4)  

In subsections (1A) and (1B), after “subsection (1)” insert “or (1ZA)”.

      (5)  

In subsection (2), for “subsection (1) or (1B)” substitute “this section”.

 

 

Road Safety Bill [HL]
Schedule 1 — Giving of fixed penalty notices by vehicle examiners etc.

70

 

27    (1)  

Schedule 1 (newly qualified drivers holding test certificates) is amended as

follows.

      (2)  

In paragraph 1, after sub-paragraph (2) insert—

   “(2A)  

In this Schedule “the appropriate person” has the same meaning

as in sections 2 and 3 of this Act.”

5

      (3)  

In paragraph 3(4)—

(a)   

in paragraph (a), for “fixed penalty clerk”, in both places, substitute

“appropriate person”,

(b)   

in paragraph (c), for “fixed penalty clerk” substitute “appropriate

person”, and

10

(c)   

in the words following paragraph (c), for “fixed penalty clerk to

whom the payment is made” substitute “appropriate person”.

      (4)  

In paragraph 4(3)—

(a)   

in paragraph (b), for “fixed penalty clerk” substitute “appropriate

person”, and

15

(b)   

for the words following paragraph (c) substitute “section 2(4) does

not apply but if the appropriate person is the fixed penalty clerk sub-

paragraph (4) applies instead.”

      (5)  

In paragraph 5—

(a)   

after sub-paragraph (1) insert—

20

  “(1ZA)  

Where section 2(4) is disapplied by paragraph 4(3) and the

appropriate person is the Secretary of State, the Secretary

of State must by notice served on the person to whom the

fixed penalty notice or conditional offer was given or

issued revoke that person’s test certificate.”,

25

(b)   

in sub-paragraphs (1A) and (1B), after “sub-paragraph (1)” insert “or

(1ZA)”, and

(c)   

in sub-paragraph (2), for “sub-paragraph (1) or (1B)” substitute “this

paragraph”.

      (6)  

In paragraph 6(1), after “paragraph 5(1)” insert “or (1ZA)”.

30

      (7)  

In paragraph 7—

(a)   

in sub-paragraph (3)(b), for “fixed penalty clerk” substitute

“appropriate person”, and

(b)   

in sub-paragraph (4)—

(i)   

for “fixed penalty clerk” substitute “appropriate person”, and

35

(ii)   

at the beginning of paragraph (b) insert “unless the

appropriate person is the Secretary of State,”.

      (8)  

In paragraph 8—

(a)   

after sub-paragraph (1) insert—

  “(1ZA)  

Where paragraph 7(4) applies and the appropriate person

40

is the Secretary of State, the Secretary of State must by

notice served on the person to whom the fixed penalty

notice or conditional offer was given or issued revoke that

person’s licence and test certificate.”,

(b)   

in sub-paragraphs (1A) and (1B), after “sub-paragraph (1)” insert “or

45

(1ZA)”, and

 

 

Road Safety Bill [HL]
Schedule 2 — Endorsement: unlicensed and foreign drivers

71

 

(c)   

in sub-paragraph (2), for “sub-paragraph (1) or (1B)” substitute “this

paragraph”.

      (9)  

In paragraph 9, after “paragraph 8(1)” insert “or (1ZA)”.

     (10)  

In paragraph 10(a), after—

(a)   

“paragraph 5(1)”, and

5

(b)   

“paragraph 8(1)”,

           

insert “or (1ZA)”.

Schedule 2

Section 8

 

Endorsement: unlicensed and foreign drivers

Public Passenger Vehicles Act 1981 (c. 14)

10

1     (1)  

Section 24 of the Public Passenger Vehicles Act 1981 (regulation of conduct

of drivers, inspectors and conductors) is amended as follows.

      (2)  

In subsection (2), insert at the end “or, if he is not the holder of a licence

(within the meaning of Part 3 of the Road Traffic Act 1988), on his driving

record (within the meaning of section 97A of the Road Traffic Offenders Act

15

1988)”.

      (3)  

In subsection (3)—

(a)   

for “the licence and its counterpart” substitute “any counterpart of a

licence which is to be endorsed under subsection (2) above”, and

(b)   

for “them” substitute “it and the licence”.

20

Road Traffic Offenders Act 1988 (c. 53)

2          

The Road Traffic Offenders Act 1988 is amended as follows.

3          

In section 28(3) (penalty points to be attributed to an offence), for “and 77(5)”

substitute “, 57A(6), 77(5) and 77A(8)”.

4          

In section 29(1)(b) (penalty points to be taken into account on conviction),

25

after “him” insert “or on his driving record”.

5     (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)—

(a)   

after “licence” insert “or his driving record”, and

30

(b)   

for “or 77” substitute “, 57A, 77 or 77A”.

      (3)  

In subsection (2)(b)—

(a)   

after “licence” insert “or on his driving record”, and

(b)   

for “or 77” substitute “, 57A, 77 or 77A”.

6     (1)  

Section 31 (court may take particulars endorsed on licence into

35

consideration) is amended as follows.

 

 

Road Safety Bill [HL]
Schedule 2 — Endorsement: unlicensed and foreign drivers

72

 

      (2)  

For subsection (1) substitute—

“(1)   

Where a person is convicted of an offence involving obligatory or

discretionary disqualification—

(a)   

any existing endorsement on the counterpart of his licence or

on his driving record is prima facie evidence of the matters

5

endorsed, and

(b)   

the court may, in determining what order to make in

pursuance of the conviction, take those matters into

consideration.”

      (3)  

In the heading, omit “on licence”.

10

7          

In section 36 (disqualification until test passed), after subsection (10) insert—

“(10A)   

Where a person’s driving record is endorsed with particulars of a

disqualification under this section, it shall also be endorsed with the

particulars of any test of competence to drive that he has passed since

the order of disqualification was made.”

15

8     (1)  

Section 42 (removal of disqualification) is amended as follows.

      (2)  

In subsection (5), for paragraph (a) substitute—

“(a)   

must—

(i)   

if particulars of the disqualification were previously

endorsed on the counterpart of any licence previously

20

held by the applicant, cause particulars of the order to

be endorsed on that counterpart, and

(ii)   

if particulars of the disqualification were previously

endorsed on the driving record of the applicant, send

notice of the order to the Secretary of State,”.

25

      (3)  

In subsection (5A), for “(5)(a)” substitute “(5)(a)(i)”.

      (4)  

After that subsection insert—

“(5AA)   

If the disqualification was imposed in respect of an offence involving

obligatory endorsement, the Secretary of State must, on receiving

notice of an order under subsection (5)(a)(ii) above, make any

30

necessary adjustments to the endorsements on the person’s driving

record to reflect the order.”

      (5)  

In subsection (5B), after “subsection” insert “(5)(a)(ii) or”.

9     (1)  

Section 45 (effect of endorsement) is amended as follows.

      (2)  

In subsection (1), omit “, whether he is at the time the holder of a licence or

35

not,”.

      (3)  

In the heading, insert at the end “of counterparts”.

10         

After that section insert—

“45A    

Effect of endorsement of driving records

(1)   

An order that any particulars or penalty points are to be endorsed on

40

a person’s driving record shall operate as an order that his driving

record is to be so endorsed until the end of the period for which the

endorsement remains effective.

 

 

Road Safety Bill [HL]
Schedule 2 — Endorsement: unlicensed and foreign drivers

73

 

(2)   

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)   

On the issue of a new licence to a person, any particulars ordered to

be endorsed on his driving record shall be entered on the counterpart

5

of the licence unless he has become entitled under subsection (4)

below to have a licence issued to him with its counterpart free from

those particulars or penalty points.

(4)   

A person the counterpart of whose licence has been endorsed under

subsection (3) above is entitled to have issued to him with effect from

10

the end of the period for which the endorsement remains effective a

new licence with a counterpart free from the endorsement if he

applies for a new licence in pursuance of section 97(1) of the Road

Traffic Act 1988, surrenders any subsisting licence and its

counterpart, pays the fee prescribed by regulations under Part 3 of

15

that Act and satisfies the other requirements of section 97(1).

(5)   

The period for which an endorsement remains effective is

determined in accordance with section 45(5) to (7) of this Act.”

11    (1)  

Section 46 (combination of disqualification and endorsement with certain

other orders) is amended as follows.

20

      (2)  

In subsection (1), for “or 44” substitute “, 44 or 44A”.

      (3)  

In subsection (2)(b), insert at the end “or on his driving record”.

      (4)  

In subsection (3), for “and 45” substitute “, 45 and 45A”.

12    (1)  

Section 47 (supplementary provisions as to disqualification and

endorsements) is amended as follows.

25

      (2)  

In subsection (3), after “licence” insert “or a driving record”.

      (3)  

After that subsection insert—

“(3A)   

On receiving such a notice in relation to a person who is not the

holder of a licence, the Secretary of State must make any necessary

adjustments to the endorsements on the person’s driving record to

30

reflect the outcome of the appeal.”

13         

In section 48(1)(b) and (2)(b) (exemption from disqualification and

endorsement for certain construction and use offences), after “him” insert

“or on his driving record”.

14    (1)  

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

35

      (2)  

In subsection (2), for “subsection (3) below” substitute “the following

provisions of this section”.

      (3)  

In subsection (3), after “endorsement” insert “, and the person is the holder

of a licence,”.

      (4)  

In subsection (4)—

40

(a)   

for the word “and” at the end of paragraph (a) substitute—

“(aa)   

the person concerned is the holder of a licence, and”,

(b)   

in paragraph (b), for “the person concerned” substitute “he”.

 

 

Road Safety Bill [HL]
Schedule 2 — Endorsement: unlicensed and foreign drivers

74

 

      (5)  

In subsection (6), after “subsection (4)” insert “or (5C)”.

      (6)  

In subsection (10), for “subsections (3)(b) and (5)(a) above” substitute “this

section”.

15    (1)  

Section 57 (endorsement without hearings) is amended as follows.

      (2)  

In subsection (1), after “a person” insert “who is the holder of a licence”.

5

      (3)  

In the heading, for “licences” substitute “counterparts”.

16         

In section 58 (effect of endorsement without hearing), in the heading, after

endorsement” insert “of counterpart”.

17         

After that section insert—

“58A    

Effect of endorsement of driving record without hearing

10

(1)   

Where a person’s driving record is endorsed under section 57A of

this Act he shall be treated for the purposes of sections 13(4), 28, 29

and 45A of this Act and of the Rehabilitation of Offenders Act 1974

as if—

(a)   

he had been convicted of the offence,

15

(b)   

the endorsement had been made in pursuance of an order

made on his conviction by a court under section 44 of this Act,

and

(c)   

the particulars of the offence endorsed by virtue of section

57A(6)(a) of this Act were particulars of his conviction of that

20

offence.

(2)   

In relation to any endorsement of a person’s driving record under

section 57A of this Act, the references in section 13(4) of this Act to

any order made on a person’s conviction are to be read as references

to the endorsement itself.”

25

18         

In section 61 (fixed penalty notice mistakenly given: exclusion of fixed

penalty procedures), in the heading, after “given” insert “to licence holder”.

19         

After that section insert—

“61A    

Fixed penalty notice mistakenly given to unlicensed person: exclusion

of fixed penalty procedures

30

(1)   

This section applies where, on accessing information held on the

driving record of a person to whom a fixed penalty notice was given

under section 54 of this Act, but who is not the holder of a licence, it

appears to the fixed penalty clerk or the Secretary of State that the

person would be liable to be disqualified under section 35 of this Act

35

if he were convicted of the offence in respect of which the fixed

penalty notice was given.

(2)   

The person’s driving record must not be endorsed under section 57A

of this Act.

(3)   

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

40

penalty clerk he must not send notice to the Secretary of State under

section 57A of this Act but instead must notify the chief officer of

police that the person to whom the fixed penalty notice was given

would be liable to be disqualified under section 35 of this Act if he

 

 

Road Safety Bill [HL]
Schedule 2 — Endorsement: unlicensed and foreign drivers

75

 

were convicted of the offence in respect of which the fixed penalty

notice was given.

(4)   

Nothing in this Part of this Act prevents proceedings being brought

in respect of the offence in respect of which the fixed penalty notice

was given where those proceedings are commenced before the end

5

of the period of six months beginning with the date on which that

notice was given.

(5)   

Where proceedings in respect of that offence are commenced before

the end of that period, the case is from then on to be treated in all

respects as if no fixed penalty notice had been given in respect of the

10

offence.

(6)   

Accordingly, where proceedings in respect of that offence are so

commenced, any action taken in pursuance of this Part of this Act by

reference to that fixed penalty notice shall be void (including, but

without prejudice to the generality of the preceding provision—

15

(a)   

the registration under section 71 of this Act of any sum,

determined by reference to the fixed penalty for that offence,

for enforcement against the person to whom the fixed penalty

notice was given, and

(b)   

any proceedings for enforcing payment of any such sum

20

within the meaning of sections 73 and 74 of this Act (defined

in section 74(5))).

(7)   

In determining for the purposes of subsection (1) above whether a

person convicted of an offence would be liable to disqualification

under section 35, it shall be assumed, in the case of an offence in

25

relation to which a range of numbers is shown in the last column of

Part 1 of Schedule 2 to this Act, that the number of penalty points to

be attributed to the offence would be the lowest in the range.”

20         

In section 69(4) (payment of penalty), for “77” substitute “77A”.

21    (1)  

In section 70(4) (registration certificates), after paragraph (b) insert “and

30

(c)   

otherwise—

(i)   

if the offence to which the fixed penalty notice or

conditional offer relates was committed in England or

Wales, cause it to be sent to the designated officer for

the local justice area in which the offence was

35

committed, or

(ii)   

if the offence was committed in Scotland, cause it to

be sent to the clerk of a court of summary jurisdiction

for the area in which the offence was committed.”

      (2)  

An order under section 57 may provide that sub-paragraph (1) is to come

40

into force only in relation to an area specified in the order.

      (3)  

If such an order provides that sub-paragraph (1) is to come into force only in

relation to an area specified in the order, it may also provide that (unless

continued in force by a subsequent order) sub-paragraph (1) is to remain in

force there only for a period specified in the order.

45

22    (1)  

Section 71 (registration of sums payable in default) is amended as follows.

      (2)  

In subsection (1), after paragraph (a) insert “or” and after paragraph (c)

 

 

 
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