Office of Public Sector Information
(1) The Road Traffic Offenders Act 1988 (c. 53) (as amended by section 9 and Schedule 2) is amended as follows.
(2) In section 44 (orders for endorsement)—
(a) in subsection (1), for “the counterpart of any licence held by him” substitute “his driving record”, and
(b) omit subsection (3A).
(3) Section 54 (notices on-the-spot etc.) is amended as follows.
(4) For subsections (3) to (5E) substitute—
“(3) Where the offence appears to the constable or vehicle examiner to involve obligatory endorsement, the constable or vehicle examiner may only give him a fixed penalty notice under subsection (2) above in respect of the offence if—
(a) the constable or vehicle examiner is satisfied, on accessing information held on his driving record, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of that offence, and
(b) in the case of a person who is the holder of a licence, he produces it for inspection by the constable or vehicle examiner and surrenders it to him to be retained and dealt with in accordance with this Part of this Act.
(4) Where the offence appears to the constable or vehicle examiner to involve obligatory endorsement, subsection (5) below applies if—
(a) the constable or vehicle examiner is unable to satisfy himself, by accessing information held on his driving record, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of that offence, or
(b) in the case of a person who is the holder of a licence, he does not produce it for inspection by the constable or vehicle examiner.
(5) Where this subsection applies, the constable or vehicle examiner may give the person a notice stating that if—
(a) he delivers the notice and (if he is the holder of a licence) his licence in accordance with subsection (5A) below, and
(b) the requirements of subsection (5B) below are met,
he will then be given a fixed penalty notice in respect of the offence.
(5A) Delivery must—
(a) if the notice is given by a constable, be made in person, within seven days after the notice is given, to a constable or authorised person at the police station specified in the notice (being a police station chosen by the person concerned), or
(b) if the notice is given by a vehicle examiner, be made (either by post or in person), within fourteen days after the notice is given, to the Secretary of State at the place specified in the notice.
(5B) If a person to whom a notice has been given under subsection (5) above delivers the notice and (if he is the holder of a licence) his licence in accordance with subsection (5A) above, and the following requirements are met, that is—
(a) the person to whom the notice is delivered is satisfied, on accessing information held on his driving record, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of the offence, and
(b) if he is the holder of a licence, it is delivered to be retained and dealt with in accordance with this Part of this Act,
the person to whom the notice is delivered must give him a fixed penalty notice in respect of the offence to which the notice under subsection (5) above relates.”
(5) In subsection (6), for “(4) or (5C)” substitute “(5)”.
(6) In subsection (7), omit “and a counterpart of a licence”.
(7) Omit section 57 (endorsement of counterparts without hearings).
(8) Section 57A (endorsement of driving records without hearings) is amended as follows.
(9) In subsection (1), omit “who is not the holder of a licence”.
(10) In subsection (3), at the end insert “and return to that person any licence surrendered by him under section 54 of this Act.”
(11) In subsection (4), after “record” insert “and return to that person any licence surrendered by him under section 54 of this Act”.
(12) Schedule 3 contains further amendments about the endorsement of driving records in the case of all drivers.
(1) In the Road Traffic Offenders Act 1988 (c. 53), after Part 3 insert—
(1) A constable or vehicle examiner may impose a financial penalty deposit requirement on a person on any occasion if the conditions in this section are satisfied.
(2) The constable or vehicle examiner must have reason to believe—
(a) that the person is committing or has on that occasion committed an offence relating to a motor vehicle, and
(b) that the person, the offence and the circumstances in which the offence is committed are of a description specified in an order made by the Secretary of State.
(3) The person must be—
(a) given written notification that it appears likely that proceedings will be brought against him in respect of the offence, or
(b) (if the offence is a fixed penalty offence) either given such notification or given a fixed penalty notice (or, in Scotland, handed a conditional offer) in respect of the offence.
(4) The person must fail to provide a satisfactory address; and for this purpose “a satisfactory address” is an address in the United Kingdom at which the constable or vehicle examiner considers it likely that it would be possible to find the person whenever necessary to do so in connection with the proceedings, fixed penalty notice or conditional offer.
(5) The person who is to impose the financial penalty deposit requirement—
(a) if a constable, must be in uniform, and
(b) if a vehicle examiner, must produce his authority.
(1) For the purposes of this Part of this Act a financial penalty deposit requirement is a requirement to make a payment of the appropriate amount to the Secretary of State—
(a) in a manner specified in an order made by him, and
(b) either immediately or within the relevant period.
(2) In this Part of this Act “the appropriate amount”, in relation to an offence and a person, is an amount specified in relation to the offence in an order made by the Secretary of State; and different amounts may be so specified—
(a) by reference to whether the person is given notification that it appears likely that proceedings will be brought against him or given a fixed penalty notice (or handed a conditional offer), and
(b) otherwise by reference to the circumstances of the offence.
(3) In this Part of this Act “the relevant period” means—
(a) if the person was given a fixed penalty notice and proceedings are not brought in respect of the offence by virtue of this Act before the end of the suspended enforcement period, the suspended enforcement period,
(b) if he was handed a conditional offer and proceedings are not brought in respect of the offence by virtue of this Act before the end of the period of 28 days following the date on which the conditional offer was given or any longer period specified in the conditional offer, that period, and
(c) otherwise, the period ending with the person being charged with the offence.
(1) This section applies where a person on whom a financial penalty deposit requirement is imposed in respect of an offence makes a payment of the appropriate amount in accordance with section 90B(1) of this Act (and any order made under it).
(2) On payment by the person of the appropriate amount the person by whom the payment is received must issue him with a written receipt for the payment specifying the effect of the following provisions of this section.
(3) If the person was handed a conditional offer—
(a) the person is entitled to give notice requesting a hearing in respect of the offence, and
(b) the written receipt must specify the manner in which such notice is to be given.
(4) In a case where—
(a) a fixed penalty notice relating to the offence has been given to the person or a conditional offer so relating has been handed to him,
(b) the person does not give notice requesting a hearing in respect of the offence before the end of the relevant period in the appropriate manner, and
(c) proceedings are not brought in respect of the offence by virtue of this Act,
subsection (6) below applies.
(5) In subsection (4)(b) above “the appropriate manner” means—
(a) if the person was given a fixed penalty notice, the manner specified in the fixed penalty notice, and
(b) if he was handed a conditional offer, the manner specified in the written receipt under subsection (2) above.
(6) Where this subsection applies, the Secretary of State must—
(a) apply so much of the payment as does not exceed the amount of the fixed penalty in or towards payment of the fixed penalty, and
(b) take the appropriate steps to make any appropriate refund to the person.
(7) In any other case—
(a) if the person is informed that he is not to be prosecuted for the offence, is acquitted of the offence or is convicted but not fined in respect of it, or the prosecution period comes to an end without a prosecution having been commenced against him in respect of it, subsection (9) below applies, and
(b) if a fine is imposed on the person in respect of the offence (otherwise than as a result of a conviction obtained on a prosecution commenced after the end of the prosecution period), subsection (10) below applies.
(8) In this Part of this Act “the prosecution period” means the period of twelve months beginning with the imposition of the financial penalty deposit requirement or, if shorter, any period after which no prosecution may be commenced in respect of the offence.
(9) Where this subsection applies, the Secretary of State must take the appropriate steps to make the appropriate refund to the person.
(10) Where this subsection applies, the Secretary of State must—
(a) apply so much of the payment as does not exceed the amount of the fine in or towards payment of the fine, and
(b) take the appropriate steps to make any appropriate refund to the person.
(11) Where the Secretary of State is required by this section to take the appropriate steps to make an appropriate refund, he must take such steps to trace the person and to make the refund to him, by such means, as are specified in an order made by the Secretary of State.
(12) In this Part of this Act “the appropriate refund”, in any case, is a refund of—
(a) where subsection (6) above applies, so much of the payment as exceeds the amount of the fixed penalty,
(b) where subsection (9) above applies, the amount of the payment, and
(c) where subsection (10) above applies, so much of the amount of the payment as exceeds the amount of the fine,
together with interest calculated in accordance with provision made by order made by the Treasury.
(1) This section applies where a person on whom a financial penalty deposit requirement is imposed does not make an immediate payment of the appropriate amount in accordance with section 90B(1) of this Act (and any order made under it).
(2) The constable or vehicle examiner by whom the requirement was imposed may prohibit the driving on a road of any vehicle of which the person was in charge at the time of the offence by giving to the person notice in writing of the prohibition.
(3) The prohibition—
(a) shall come into force as soon as the notice is given, and
(b) shall continue in force until the happening of whichever of the events in subsection (4) below occurs first.
(4) Those events are—
(a) the person making a payment of the appropriate amount in accordance with section 90B(1) of this Act (and any order made under it) at any time during the relevant period,
(b) (where a fixed penalty notice was given, or a conditional offer handed, to the person in respect of the offence) payment of the fixed penalty,
(c) the person being convicted or acquitted of the offence,
(d) the person being informed that he is not to be prosecuted for the offence, and
(e) the coming to an end of the prosecution period.
(5) A constable or vehicle examiner may by direction in writing require the person to remove the vehicle to which the prohibition relates (and, if it is a motor vehicle drawing a trailer, also to remove the trailer) to such place and subject to such conditions as are specified in the direction; and the prohibition does not apply to the removal of the vehicle (or trailer) in accordance with the direction.
(6) A person who—
(a) drives a vehicle in contravention of a prohibition under this section,
(b) causes or permits a vehicle to be driven in contravention of such a prohibition, or
(c) fails to comply within a reasonable time with a direction under subsection (5) above,
is guilty of an offence.
(7) The Secretary of State may by order provide for exceptions from subsection (6) above.
(8) Schedule 4 to the Road Safety Act 2006 makes provision about the immobilisation of vehicles the driving of which has been prohibited under this section and about their removal and disposal.
(1) Any power conferred by section 90A, 90B, 90C or 90D of this Act on the Secretary of State or the Treasury to make an order shall be exercisable by statutory instrument.
(2) Before making an order under any of those sections the Secretary of State or the Treasury must consult with such representative organisations as appear appropriate.
(3) An order under any of those sections may make different provision for different cases.
(4) No order shall be made under section 90B(2) of this Act unless a draft of the instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
(5) A statutory instrument containing an order under section 90A, 90B(1), 90C or 90D of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In sections 90A to 90D of this Act—
“the appropriate amount” has the meaning given by section 90B(2) of this Act,
“the appropriate refund” has the meaning given by section 90C(12) of this Act,
“conditional offer” means a notice under section 75(3)(a) of this Act,
“financial penalty deposit requirement” has the meaning given by section 90B(1) of this Act,
“fixed penalty notice” has the meaning given by section 52 of this Act,
“fixed penalty offence” is to be construed in accordance with section 51 of this Act,
“the prosecution period” has the meaning given by section 90C(8) of this Act,
“the relevant period” has the meaning given by section 90B(3) of this Act,
“suspended enforcement period” is to be construed in accordance with section 52(3)(a) of this Act, and
“vehicle examiner” means an examiner appointed under section 66A of the Road Traffic Act 1988.”
(2) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 67 of that Act insert—
| “Section 90D(6) of this Act | Driving, etc., vehicle in contravention of prohibition for failure to pay financial penalty deposit, etc. | Summarily. | Level 5 on the standard scale.” |
(3) Schedule 4 makes provision about the immobilisation of vehicles the driving of which has been prohibited and about their removal and disposal.
(1) In section 99A of the Transport Act 1968 (c. 73) (powers to prohibit driving of vehicles in connection with contravention of provisions about drivers' hours), after subsection (5) insert—
“(6) Schedule 4 to the Road Safety Act 2006 makes provision about the immobilisation of vehicles the driving of which has been prohibited under subsection (1) of this section and about their removal and disposal.”
(2) In section 3 of the Road Traffic (Foreign Vehicles) Act 1972 (c. 27) (prohibition on driving of foreign vehicles: enforcement provisions), after subsection (7) insert—
“(8) Schedule 4 to the Road Safety Act 2006 makes provision about the immobilisation of vehicles the driving of which has been prohibited under section 1 of this Act and about their removal and disposal.”
(3) In section 73 of the Road Traffic Act 1988 (c. 52) (prohibition on driving of unfit or overloaded vehicles: supplementary provisions), after subsection (4) insert—
“(5) Schedule 4 to the Road Safety Act 2006 makes provision about the immobilisation of vehicles the driving of which has been prohibited under section 69 or 70 of this Act and about their removal and disposal.”
(1) In section 88 of the Road Traffic Act 1988 (exceptions to requirement to hold driving licence), after subsection (2) insert—
“(2A) Subsection (1) above does not apply by virtue of an application mentioned in paragraph (b) of that subsection having been received by the Secretary of State if—
(a) the application was made as a result of, or in anticipation of, the expiry of a disqualification relevant to the licence applied for,
(b) either the nature of the disqualification or its imposition within a particular period after an earlier disqualification amounted to circumstances prescribed under subsection (4) of section 94 of this Act (disqualification: high risk offenders), and
(c) the Secretary of State has notified the applicant that, because of that, he will be subject to a requirement under paragraph (a) or (b) of subsection (5) of that section.”
(2) The amendment made by subsection (1) does not apply where the conviction in respect of which the disqualification was ordered was imposed before the coming into force of that subsection.
In section 45(7) of the Road Traffic Offenders Act 1988 (c. 53) (effect of endorsement: period for which effective), after paragraph (b) insert “or
(c) under section 7A(6) of that Act (failing to allow a specimen to be subjected to laboratory test),”.
(1) In the Road Traffic Offenders Act 1988, after section 34C insert—
(1) This section applies where—
(a) a person is convicted of a relevant drink offence by or before a court,
(b) he has committed another relevant drink offence at any time during the period of ten years ending with the date of the conviction,
(c) the court makes an order under section 34 of this Act but does not make an order under section 34A of this Act, and
(d) the period stated by the court as that for which, apart from this section, he would be disqualified (“the unreduced period”) is not less than two years.
(2) In this section “relevant drink offence” means—
(a) an offence under paragraph (a) of subsection (1) of section 3A of the Road Traffic Act 1988 (causing death by careless driving when unfit to drive through drink) committed when unfit to drive through drink,
(b) an offence under paragraph (b) of that subsection (causing death by careless driving with excess alcohol),
(c) an offence under paragraph (c) of that subsection (failing to provide a specimen) where the specimen is required in connection with drink or consumption of alcohol,
(d) an offence under section 4 of that Act (driving or being in charge when under influence of drink) committed by reason of unfitness through drink,
(e) an offence under section 5(1) of that Act (driving or being in charge with excess alcohol),
(f) an offence under section 7(6) of that Act (failing to provide a specimen) committed in the course of an investigation into an offence within any of the preceding paragraphs, or
(g) an offence under section 7A(6) of that Act (failing to allow a specimen to be subjected to a laboratory test) in the course of an investigation into an offence within any of the preceding paragraphs.
(3) Where this section applies, the court may specify a lesser period of disqualification (“the reduced period”) if it also makes an order (an “alcohol ignition interlock programme order”) requiring the offender to comply with the alcohol ignition interlock conditions.
(4) The difference between the unreduced period and the reduced period shall be a period specified in the order of—
(a) not less than 12 months, and
(b) not more than one half of the unreduced period.
(5) If the offender contravenes the alcohol ignition interlock conditions, a further order under section 34 disqualifying him for the rest of the unreduced period is to be treated as having been made by the court immediately before the contravention.
(6) “The alcohol ignition interlock conditions” are that the offender—
(a) must participate fully in an approved alcohol ignition interlock programme specified in the order during such part of the unreduced period as is so specified, and
(b) during the part of that period following the reduced period, must not drive a motor vehicle unless it is fitted with an alcohol ignition interlock in good working order and must not drive a motor vehicle which is so fitted when not using the alcohol ignition interlock properly.
(7) A court shall not make an alcohol ignition interlock programme order in the case of an offender unless—
(a) the court is satisfied that a place on the approved alcohol ignition interlock programme specified in the order will be available for the offender,
(b) the offender appears to the court to be of or over the age of 17,
(c) the court has informed the offender (orally or in writing and in ordinary language) of the effect of the order and the amount of the fees which he is required to pay for the programme and when he must pay them, and
(d) the offender has agreed that the order should be made.
(8) For the purposes of this section an “approved alcohol ignition interlock programme” is a programme approved by the appropriate national authority and involving the provision of an alcohol ignition interlock for use by the offender, training in its use and other education and counselling relating to the consumption of alcohol and driving.
(9) For the purposes of this section “alcohol ignition interlock” means a device—
(a) of a type approved by the Secretary of State, and
(b) designed to be fitted to a motor vehicle with the purpose of preventing the driving of the vehicle by a person who does not, both before starting driving the vehicle and at regular intervals while driving it, provide specimens of breath in which the proportion of alcohol is likely not to exceed the limit specified in subsection (10) below.
(10) That limit is 9 microgrammes of alcohol in 100 millilitres of breath or such other proportion of alcohol to breath as the Secretary of State may by regulations prescribe.
(11) For the purposes of this section an offender uses an alcohol ignition interlock properly if (and only if) he is complying with all the instructions given to him about its use as part of the approved alcohol ignition interlock programme.
(12) Where an alcohol ignition interlock is fitted to a motor vehicle as part of an approved alcohol ignition interlock programme relating to an offender, a person commits an offence if—
(a) he interferes with the alcohol ignition interlock with intent to cause it not to function or not to function properly, or
(b) he is a person other than the offender and provides or attempts to provide a specimen of breath for the purposes of the alcohol ignition interlock with intent to enable the driving (or continued driving) of the vehicle by the offender.
(1) An offender shall be regarded for the purposes of section 34D of this Act as not fully participating in an approved alcohol ignition interlock programme if (and only if) a certificate that that is so is received by the proper officer of the supervising court.
(2) A certificate under subsection (1) above may be given if (and only if) the offender has failed—
(a) to make due payment of fees for the programme,
(b) to attend for training, education or counselling forming part of the programme in accordance with the programme provider’s reasonable instructions,
(c) to attend at a place specified by the programme provider for the monitoring and maintenance of the alcohol ignition interlock, at a time specified by the programme provider or a person with whom the programme provider has made arrangements for its monitoring and maintenance, or
(d) to comply with any other reasonable requirement of the programme provider.
(3) A certificate under subsection (1) above is to be given by the programme provider and shall be in such form, and contain such particulars, as may be prescribed by, or determined in accordance with, regulations made by the appropriate national authority.
(4) Where a programme provider decides to give a certificate under subsection (1) above, he shall give written notice of the decision to the offender as soon as possible.
(5) An offender to whom a notice is given under subsection (4) above may, within such period as may be prescribed by rules of court, apply to the supervising court, or (if the supervising court is not the Crown Court, the High Court of Justiciary or the relevant local court) to either the supervising court or the relevant local court, for a declaration that the programme provider has given the certificate under subsection (1) above in contravention of subsection (2) above.
(6) If the court grants the application, section 34D of this Act shall have effect as if the certificate had not been duly received by the proper officer of the supervising court.
(7) A notice under subsection (4) above shall specify the ground on which it is given; and the appropriate national authority may by regulations make provision as to the form of notices under that subsection and as to the circumstances in which they are to be treated as given.
(8) Where the proper office of a court receives a certificate under subsection (1) above, or a court grants an application under subsection (5) above, the proper officer or court must send notice of that fact to the Secretary of State; and the notice must be sent in such manner and to such address, and must contain such particulars, as the Secretary of State may determine.
(1) If an application is made to the appropriate national authority for the approval of a programme for the purposes of section 34D of this Act, the appropriate national authority must decide whether to grant or refuse the application.
(2) In reaching that decision the appropriate national authority must have regard to—
(a) the nature of the programme, and
(b) whether the programme provider is an appropriate person to provide the programme and administer its provision efficiently and effectively,
and may take into account any recommendations made by any persons appointed to consider the application.
(3) A programme may be approved subject to conditions specified by the appropriate national authority.
(4) An approval of a programme is for the period specified by the appropriate national authority (which must not exceed seven years), subject to withdrawal of approval.
(5) Regulations made by the appropriate national authority may make provision in relation to the approval of programmes and may, in particular, include provision—
(a) in relation to the making of applications for approval,
(b) for the payment in respect of applications for approval, or of approvals, (or of both) of fees of such amounts as are prescribed by the regulations,
(c) specifying the maximum fees that a person may be required to pay for a programme and by when they are to be paid,
(d) for the monitoring of programmes and programme providers,
(e) in relation to withdrawing approval,
(f) for an appeal to lie to the Transport Tribunal against a refusal of an application for approval, the imposition of conditions on the grant of such an application or the withdrawal of approval, and
(g) authorising the appropriate national authority to make available (with or without charge) information about programmes and programme providers.
Road Safety Act 2006