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 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)