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
90

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

Road Safety Bill [HL]
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
93

(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 — Prohibition on driving: immobilisation, removal and disposal of vehicles
94

      (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 10

Prohibition on driving: immobilisation, removal and disposal of vehicles
Cases to which regulations may apply
1
The Secretary of State may make regulations with respect to any case where,
on or after such date as may be prescribed, the driving of a vehicle has been
prohibited under—
25
(a)
section 99A(1) of the Transport Act 1968 (c. 73) (powers to prohibit
driving of vehicles in connection with contravention of provisions
about drivers’ hours),
(b)
section 1 of the Road Traffic (Foreign Vehicles) Act 1972 (c. 27)
(powers to prohibit driving of foreign goods vehicles and foreign
30
public service vehicles),
(c)
section 69 or 70 of the Road Traffic Act 1988 (c. 52) (powers to
prohibit driving of unfit or overloaded vehicles), or
(d)
section 90D of that Act (power to prohibit driving of vehicle on
failure to make payment in compliance with financial penalty
35
deposit requirement).
Immobilisation
2     (1)
The regulations may provide that an authorised person or a person acting
under his direction may—

Road Safety Bill [HL]
Schedule 4 — Prohibition on driving: immobilisation, removal and disposal of vehicles
95

(a)
fix an immobilisation device to the vehicle, and
(b)
move the vehicle, or direct it to be moved, for the purpose of
enabling an immobilisation device to be fitted it.
      (2)
The regulations may provide that on any occasion when an immobilisation
device is fixed to a vehicle in accordance with the regulations the person
5
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 the device,
(b)
specifying the steps to be taken to secure its release, and
10
(c)
giving such other information as may be prescribed.
      (3)
The regulations may provide that a vehicle to which an immobilisation
device has been fixed in accordance with the regulations—
(a)
may only be released from the device by or under the direction of an
authorised person, but
15
(b)
subject to that, must be released from the device if the first and
second requirements specified below are met.
      (4)
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.
      (5)
The second requirement is that, in accordance with instructions specified in
20
the immobilisation notice, there is produced such evidence as may be
prescribed establishing that the prohibition has been removed.
      (6)
The regulations may provide that they do not apply in relation to a vehicle
if—
(a)
a current disabled person’s badge is displayed on the vehicle, or
25
(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 under section 21 of
the Chronically Sick and Disabled Persons Act 1970 (c. 44).
      (7)
The regulations may provide that an immobilisation notice is not to be
30
removed or interfered with except by or on the authority of a person falling
within a prescribed description.
Offences connected with immobilisation etc.
3     (1)
The regulations may provide that a person who fails to comply within a
reasonable time with a direction under provision made under paragraph
35
2(1)(b) is guilty of an offence and liable on summary conviction to a fine not
exceeding level 5 on the standard scale.
      (2)
The regulations may provide that a person contravening provision made
under paragraph 2(7) is guilty of an offence and liable on summary
conviction to a fine not exceeding level 2 on the standard scale.
40
      (3)
The regulations may provide that a person who, without being authorised
to do so in accordance with provision made under paragraph 2, removes or
attempts to remove an immobilisation device fixed to a vehicle in
accordance with the regulations is guilty of an offence and liable on
summary conviction to a fine not exceeding level 3 on the standard scale.
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Road Safety Bill [HL]
Schedule 4 — Prohibition on driving: immobilisation, removal and disposal of vehicles
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      (4)
The regulations may provide that where they would otherwise have applied
in relation to a vehicle but for provision made under paragraph 2(6)(a) and
the vehicle was not, at the time at which they would otherwise have applied,
being used—
(a)
in accordance with regulations under section 21 of the Chronically
5
Sick and Disabled Persons Act 1970 (c. 44), and
(b)
in circumstances falling within section 117(1)(b) of the Road Traffic
Regulation Act 1984 (c. 27) (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 and
10
liable on summary conviction to a fine not exceeding level 3 on the standard
scale.
      (5)
The regulations may provide that where—
(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
15
in accordance with the regulations,
(b)
the declaration is that the prohibition has been removed, and
(c)
the declaration is to the person’s knowledge either false or in any
material respect misleading,

he is guilty of an offence.
20
      (6)
The regulations may provide that a person guilty of an offence for which
provision is made under sub-paragraph (5) is liable—
(a)
on summary conviction, to a fine not exceeding the statutory
maximum, or
(b)
on conviction on indictment, to imprisonment for a term not
25
exceeding two years, or to a fine, or both.
Removal and disposal of vehicles
4     (1)
The regulations may provide that where such conditions as may be
prescribed are fulfilled an authorised person, or a person acting under his
direction, may remove the vehicle or direct it to be removed.
30
      (2)
The regulations may provide that where such conditions as may be
prescribed are fulfilled an authorised person, or a person acting under his
direction, may deliver the vehicle, or direct it to be delivered, into the
custody of a person—
(a)
who is identified in accordance with prescribed rules, and
35
(b)
who agrees to accept delivery in accordance with arrangements
agreed between that person and the Secretary of State,

and the arrangements may include provision as to the payment of a sum to
the person into whose custody the vehicle is delivered.
      (3)
The regulations may make provision for such persons as may be prescribed
40
to be informed that a vehicle has been removed and delivered into a person’s
custody and may, in particular, include provision requiring—
(a)
the publication by an authorised person of such notices as may be
prescribed, and
(b)
the giving of notice by an authorised person to such persons as may
45
be prescribed.