Office of Public Sector Information

34G Provisions supplementary to sections 34D to 34F

(1) The appropriate national authority may issue guidance to programme providers, or to any category of programme provider, as to the conduct of programmes approved for the purposes of section 34D of this Act; and—

(a) programme providers shall have regard to any guidance given to them under this subsection, and

(b) in determining for the purposes of section 34E of this Act whether any instructions or requirements of a programme provider were reasonable, a court shall have regard to any guidance given to him under this subsection.

(2) The Secretary of State may by regulations make provision—

(a) amending section 34D(1)(b) of this Act by substituting for the period for the time being specified there a different period,

(b) amending section 34D(1)(d) of this Act by substituting for the period for the time being specified there a different period, or

(c) amending section 34D(4) of this Act by substituting for the period for the time being specified there a different period, or by substituting for the fraction of the unreduced period for the time being specified there a different fraction of that period, (or by doing both).

(3) In sections 34D to 34F of this Act and this section—

• “appropriate national authority” means (as respects Wales) the National Assembly for Wales and (otherwise) the Secretary of State;

• “contravention” includes failure to comply;

• “programme provider”, in relation to an alcohol ignition interlock programme, means the person by whom it is, or is to be, provided;

• “proper officer” means—

  (a)

  in relation to a magistrates' court in England and Wales, the designated officer for the court, and

  (b)

  otherwise, the clerk of the court;

• “relevant local court”, in relation to an alcohol ignition interlock programme order in the case of an offender, means—

  (a)

  in England and Wales, a magistrates' court acting for the local justice area in which the offender resides, and

  (b)

  in Scotland, the sheriff court for the district where the offender resides or, where the order is made by a stipendiary magistrate and the offender resides within his commission area, the district court for that area; and

• “supervising court”, in relation to an alcohol ignition interlock programme order, means—

  (a)

  in England and Wales, if the Crown Court made the order the Crown Court and otherwise a magistrates' court acting for the same local justice area as the court which made the order, and

  (b)

  in Scotland, the court which made the order.

(4) Any power to make regulations under section 34D, 34E or 34F of this Act or this section includes power to make different provision for different cases, and to make such incidental or supplementary provision as appears to the appropriate national authority to be necessary or appropriate.

(5) Any power to make regulations under section 34D, 34E or 34F of this Act or this section shall be exercisable by statutory instrument.

(6) A statutory instrument containing regulations made under section 34D, 34E or 34F of this Act by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) No regulations shall be made under this section unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.”

(2) In the Road Traffic Offenders Act 1988 (c. 53), after section 41A insert—

“41B Suspension of certificate pending determination of applications under section 34E

(1) Where a person given a certificate under subsection (1) of section 34E of this Act makes an application to a court under subsection (5) of that section, the court may suspend the effect of the certificate pending the determination of the application.

(2) Where a court exercises its power under subsection (1) above it must send notice of the suspension to the Secretary of State.

(3) The notice must be sent in such manner and to such address and must contain such particulars, as the Secretary of State may determine.”

(3) In Schedule 1 to that Act (offences to which certain sections apply)—

(a) in paragraph 3, after paragraph (a) insert—

“(aa) an offence under section 34D(12) of this Act,”, and

(b) in paragraph 4, before paragraph (a) insert—

“(za) an offence under section 34D(12) of this Act,”.

(4) In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 27 of that Act insert—

16 Experimental period for section 15

(1) Subject as follows, no order shall be made under section 34D of the Road Traffic Offenders Act 1988 (c. 53) (inserted by section 15) after—

(a) the end of 2010, or

(b) such later time as may be specified in an order made by the Secretary of State.

(2) But at any time before the restriction imposed by subsection (1) has taken effect, the Secretary of State may by order provide that it shall not do so.

(3) In this section “the experimental period” means the period beginning when section 15 comes into force and ending—

(a) when the restriction imposed by subsection (1) takes effect, or

(b) if the Secretary of State makes an order under subsection (2), on a date specified in the order.

(4) During the experimental period—

(a) no order shall be made under section 34D by virtue of a person’s conviction under section 3A of the Road Traffic Act 1988 (c. 52), and

(b) no order shall be made under section 34D except by a magistrates' court acting for a local justice area (or, in Scotland, a sheriff court for a district or a stipendiary magistrate for a commission area) which is for the time being designated for the purposes of this section.

(5) In relation to orders made under section 34D during the experimental period, section 34E(5) shall have effect with the omission of the references to the relevant local court.

(6) The power to designate an area or district for the purposes of this section is exercisable by the Secretary of State by order, and includes power to revoke a designation previously made.

(7) An order under subsection (6) must specify the period for which an area or district is designated, and may—

(a) specify different periods for different areas or districts, and

(b) extend or shorten any period previously specified.

(8) The power to make an order under subsection (1) is not exercisable after the end of 2010, and no more than one order may be made under that subsection.

(9) Any power of the Secretary of State to make orders under this section is exercisable by statutory instrument, and—

(a) no order is to be made under subsection (1) or (2) unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament, and

(b) any statutory instrument containing an order under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.

Speeding

17 Penalty points

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), in column (7) (penalty points)—

(a) for the entry relating to section 17(4) of the Road Traffic Regulation Act 1984 (c. 27) (traffic regulation on special roads), substitute “2-6 or appropriate penalty points (fixed penalty) if committed in respect of a speed limit, 3 in any other case”, and

(b) for the entry relating to section 89(1) of that Act (speeding offences other than those on special roads), substitute “2-6 or appropriate penalty points (fixed penalty)”.

18 Speed assessment equipment detection devices

(1) In section 41 of the Road Traffic Act 1988 (c. 52) (regulation of construction, weight, equipment and use of vehicles)—

(a) in subsection (2), at the end insert—

“(m) speed assessment equipment detection devices.”, and

(b) in subsection (7), at the end insert—

““speed assessment equipment detection device” means a device the purpose, or one of the purposes, of which is to detect, or interfere with the operation of, equipment used to assess the speed of motor vehicles.”

(2) After section 41B of that Act (breach of requirement as to weight: goods and passenger vehicles) insert—

“41C Breach of requirement as to speed assessment equipment detection devices

A person who—

(a) contravenes or fails to comply with a construction or use requirement as to speed assessment equipment detection devices, or

(b) uses on a road a motor vehicle or trailer which does not comply with such a requirement, or causes or permits a motor vehicle or trailer to be so used,

is guilty of an offence.”

(3) In section 42(a) of that Act (breach of other construction and use requirements), for “or 41B(1)(a)” substitute “, 41B(1)(a), 41C(a)”.

(4) In section 98(1) of the Road Traffic Offenders Act 1988 (c. 53) (interpretation), at the appropriate place insert—

““special road” in England and Wales has the same meaning as in the Highways Act 1980 and in Scotland has the same meaning as in the Roads (Scotland) Act 1984,”.

(5) In Schedule 1 to that Act (offences to which certain sections apply), after the entry relating to section 41B of the Road Traffic Act 1988 (c. 52) insert—

(6) In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 41B of the Road Traffic Act 1988 insert—

(7) In Schedule 3 to that Act (fixed penalty offences), after the entry relating to section 41B of the Road Traffic Act 1988 insert—

19 Exemptions from speed limits

For section 87 of the Road Traffic Regulation Act 1984 (c. 27) (exemption of fire, ambulance and police vehicles from speed limits) substitute—

“87 Exemptions from speed limits

(1) No statutory provision imposing a speed limit on motor vehicles shall apply to any vehicle on an occasion when—

(a) it is being used for fire and rescue authority purposes or for or in connection with the exercise of any function of a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005, for ambulance purposes or for police or Serious Organised Crime Agency purposes,

(b) it is being used for other prescribed purposes in such circumstances as may be prescribed, or

(c) it is being used for training persons to drive vehicles for use for any of the purposes mentioned in paragraph (a) or (b) above,

if the observance of that provision would be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion.

(2) Subsection (1) above does not apply unless the vehicle is being driven by a person who—

(a) has satisfactorily completed a course of training in the driving of vehicles at high speed provided in accordance with regulations under this section, or

(b) is driving the vehicle as part of such a course.

(3) The Secretary of State may by regulations make provision about courses of training in the driving of vehicles at high speed.

(4) The regulations may include—

(a) provision about the nature of courses,

(b) provision for the approval by the Secretary of State of persons providing courses or giving instruction on courses and the withdrawal of approvals (including provision for appeals against refusal and withdrawal of approvals),

(c) provision specifying the maximum fees that a person may be required to pay for a course,

(d) provision for the training or assessment, or the supervision of the training or assessment, of persons providing courses or giving instruction on courses,

(e) provision for the evidencing of the successful completion of courses,

(f) provision authorising the Secretary of State to make available information about persons providing courses or giving instruction on courses, and

(g) provision treating courses of training in the driving of vehicles at high speed which have been completed before the coming into force of the regulations as if they had been provided in accordance with the regulations.

(5) The regulations may include provision for the charging of reasonable fees in respect of any function conferred or imposed on the Secretary of State by the regulations.

(6) The regulations may make different provision—

(a) for different classes of vehicle,

(b) for different descriptions of persons, or

(c) otherwise for different circumstances.”

New offences

20 Causing death by careless, or inconsiderate, driving

(1) In the Road Traffic Act 1988 (c. 52), after section 2A insert—

“2B Causing death by careless, or inconsiderate, driving

A person who causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.”

(2) In section 24(1) of the Road Traffic Offenders Act 1988 (c. 53) (alternative verdicts), in the Table—

(a) in the entry relating to section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving), in the second column, after “Section 2 (dangerous driving)” insert “Section 2B (causing death by careless, or inconsiderate, driving)”,

(b) after the entry relating to section 2 of that Act insert—

(c) in the entry relating to section 3A of that Act (causing death by careless driving when under influence of drink or drugs), in the second column, before “Section 3 (careless, and inconsiderate, driving)” insert “Section 2B (causing death by careless, or inconsiderate, driving)”.

(3) In Schedule 1 to the Road Traffic Offenders Act 1988 (offences to which certain sections apply), after the entry relating to section 2 of the Road Traffic Act 1988 insert—

(4) In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 2 of the Road Traffic Act 1988 insert—

(5) In sections 16(1)(a)(ii) and 17(1)(b) and (2)(b) of the Coroners Act 1988 (c. 13) (informing coroners)—

(a) after “1” insert “, 2B”, and

(b) after “dangerous driving” insert “, careless driving”.

(6) In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act 2003 (c. 32) (offences where notice must be given to authority of State in which offender is normally resident), after paragraph (b) insert—

“(ba) section 2B (causing death by careless, or inconsiderate, driving),”.

21 Causing death by driving: unlicensed, disqualified or uninsured drivers

(1) In the Road Traffic Act 1988 (c. 52), after section 3ZA (inserted by section 30) insert—

“3ZB Causing death by driving: unlicensed, disqualified or uninsured drivers

A person is guilty of an offence under this section if he causes the death of another person by driving a motor vehicle on a road and, at the time when he is driving, the circumstances are such that he is committing an offence under—

(a) section 87(1) of this Act (driving otherwise than in accordance with a licence),

(b) section 103(1)(b) of this Act (driving while disqualified), or

(c) section 143 of this Act (using motor vehicle while uninsured or unsecured against third party risks).”

(2) In Schedule 1 to the Road Traffic Offenders Act 1988 (c. 53) (offences to which certain sections apply), after the entry relating to section 3 of the Road Traffic Act 1988 insert—

(3) In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 3 of the Road Traffic Act 1988 insert—

(4) In sections 16(1)(a)(ii) and 17(1)(b) and (2)(b) of the Coroners Act 1988 (c. 13) (informing coroners)—

(a) before “or 3A” insert “, 3ZB”, and

(b) before “or careless” insert “, unlicensed, disqualified or uninsured drivers”.

(5) In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act 2003 (c. 32) (offences where notice must be given to authority of State in which offender is normally resident), after paragraph (c) insert—

“(ca) section 3ZB (causing death by driving: unlicensed, disqualified or uninsured drivers),”.

22 Offence of keeping vehicle which does not meet insurance requirements

(1) In the Road Traffic Act 1988 (c. 52), after section 144 insert—

“144A Offence of keeping vehicle which does not meet insurance requirements

(1) If a motor vehicle registered under the Vehicle Excise and Registration Act 1994 does not meet the insurance requirements, the person in whose name the vehicle is registered is guilty of an offence.

(2) For the purposes of this section a vehicle meets the insurance requirements if—

(a) it is covered by a such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act, and

(b) either of the following conditions is satisfied.

(3) The first condition is that the policy or security, or the certificate of insurance or security which relates to it, identifies the vehicle by its registration mark as a vehicle which is covered by the policy or security.

(4) The second condition is that the vehicle is covered by the policy or security because—

(a) the policy or security covers any vehicle, or any vehicle of a particular description, the owner of which is a person named in the policy or security or in the certificate of insurance or security which relates to it, and

(b) the vehicle is owned by that person.

(5) For the purposes of this section a vehicle is covered by a policy of insurance or security if the policy of insurance or security is in force in relation to the use of the vehicle.

144B Exceptions to section 144A offence

(1) A person (“the registered keeper”) in whose name a vehicle which does not meet the insurance requirements is registered at any particular time (“the relevant time”) does not commit an offence under section 144A of this Act at that time if any of the following conditions are satisfied.

(2) The first condition is that at the relevant time the vehicle is owned as described—

(a) in subsection (1) of section 144 of this Act, or

(b) in paragraph (a), (b), (da), (db), (dc) or (g) of subsection (2) of that section,

(whether or not at the relevant time it is being driven as described in that provision).

(3) The second condition is that at the relevant time the vehicle is owned with the intention that it should be used as described in paragraph (c), (d), (e) or (f) of section 144(2) of this Act.

(4) The third condition is that the registered keeper—

(a) is not at the relevant time the person keeping the vehicle, and

(b) if previously he was the person keeping the vehicle, he has by the relevant time complied with any requirements under subsection (7)(a) below that he is required to have complied with by the relevant or any earlier time.

(5) The fourth condition is that—

(a) the registered keeper is at the relevant time the person keeping the vehicle,

(b) at the relevant time the vehicle is not used on a road or other public place, and

(c) the registered keeper has by the relevant time complied with any requirements under subsection (7)(a) below that he is required to have complied with by the relevant or any earlier time.

(6) The fifth condition is that—

(a) the vehicle has been stolen before the relevant time,

(b) the vehicle has not been recovered by the relevant time, and

(c) any requirements under subsection (7)(b) below that, in connection with the theft, are required to have been complied with by the relevant or any earlier time have been complied with by the relevant time.

(7) Regulations may make provision—

(a) for the purposes of subsection (4)(b) and (5)(c) above, requiring a person in whose name a vehicle is registered to furnish such particulars and make such declarations as may be prescribed, and to do so at such times and in such manner as may be prescribed, and

(b) for the purposes of subsection (6)(c) above, as to the persons to whom, the times at which and the manner in which the theft of a vehicle is to be notified.

(8) Regulations may make provision amending this section for the purpose of providing for further exceptions to section 144A of this Act (or varying or revoking any such further exceptions).

(9) A person accused of an offence under section 144A of this Act is not entitled to the benefit of an exception conferred by or under this section unless evidence is adduced that is sufficient to raise an issue with respect to that exception; but where evidence is so adduced it is for the prosecution to prove beyond reasonable doubt that the exception does not apply.

144C Fixed penalty notices

(1) Where on any occasion the Secretary of State has reason to believe that a person has committed an offence under section 144A of this Act, the Secretary of State may give the person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty to the Secretary of State.

(2) Where a person is given a notice under this section in respect of an offence under section 144A of this Act—

(a) no proceedings may be instituted for that offence before the end of the period of 21 days following the date of the notice, and

(b) he may not be convicted of that offence if he pays the fixed penalty before the end of that period.

(3) A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.

(4) A notice under this section must also state—

(a) the period during which, by virtue of subsection (2) above, proceedings will not be taken for the offence,

(b) the amount of the fixed penalty, and

(c) the person to whom and the address at which the fixed penalty may be paid.

(5) Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (4)(c) above at the address so mentioned.

(6) Where a letter is sent in accordance with subsection (5) above payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(7) Regulations may make provision as to any matter incidental to the operation of this section, and in particular—

(a) as to the form of a notice under this section,

(b) as to the information to be provided in such a notice by virtue of this section, and

(c) as to any further information to be provided in a such notice.

(8) The fixed penalty payable under this section is, subject to subsection (9) below, £100.

(9) Regulations may substitute a different amount for the amount for the time being specified in subsection (8) above.

(10) Regulations may make provision for treating a fixed penalty payable under this section as having been paid if a lesser amount is paid before the end of a prescribed period.

(11) In any proceedings a certificate which—

(a) purports to be signed by or on behalf of the Secretary of State, and

(b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.