Office of Public Sector Information

144D Section 144A offence: supplementary

(1) Schedule 2A makes provision about the immobilisation of vehicles as regards which it appears that an offence under section 144A of this Act is being committed and about their removal and disposal.

(2) A person authorised by the Secretary of State for the purposes of this subsection may on behalf of the Secretary of State conduct and appear in any proceedings by or against the Secretary of State in connection with the enforcement of an offence under section 144A of this Act or under regulations made under section 160 of this Act by virtue of Schedule 2A to this Act—

(a) in England and Wales, in a magistrates' court, and

(b) in Scotland, in any court other than the High Court of Justiciary or the Court of Session.”

(2) Before section 160 of the Road Traffic Act 1988 (c. 52) insert—

“159A Disclosure of information

(1) Regulations may make provision for and in connection with requiring MIIC to make information available to any prescribed person for the purposes of the exercise of any of that person’s functions in connection with the enforcement of an offence under this Part of this Act or under regulations made under section 160 of this Act.

(2) In this section—

• “MIIC” means the Motor Insurers' Information Centre (a company limited by guarantee and incorporated under the Companies Act 1985 on 8th December 1998), and

• “information” means information held in any form.”

(3) After Schedule 2 to that Act insert the Schedule 2A set out in Schedule 5 to this Act.

(4) In section 91(a) of the Road Traffic Offenders Act 1988 (c. 53) (penalty for breach of regulations: application to regulations under Road Traffic Act 1988), after “132” insert “or under section 160 by virtue of Schedule 2A”.

(5) In Schedule 1 to that Act (offences to which certain sections apply), after the entry relating to section 143 of the Road Traffic Act 1988 insert—

(6) Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts) is amended as follows.

(7) After the entry relating to section 143 of the Road Traffic Act 1988 insert—

(8) After the entry relating to section 154 of the Road Traffic Act 1988 insert—

Increases in penalties

23 Careless, and inconsiderate, driving

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 the entry relating to section 3 of the Road Traffic Act 1988 (c. 52) (careless, and inconsiderate, driving), in column (4) (punishment), for “Level 4” substitute “Level 5”.

24 Breach of requirements relating to children and seat belts

In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts), in the entry relating to section 15(4) of the Road Traffic Act 1988 (driving a motor vehicle in contravention of requirements relating to seat belts where children in rear seat), in column (4) (punishment), for “Level 1” substitute “Level 2”.

25 Using vehicle in dangerous condition etc.

(1) 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 the entry relating to section 40A of the Road Traffic Act 1988 (c. 52) (using vehicle in dangerous condition etc.), in column (5) (disqualification), for “Discretionary.” substitute—

(2) In section 34 of that Act (disqualification for certain offences), after subsection (4A) insert—

“(4B) Where a person convicted of an offence under section 40A of the Road Traffic Act 1988 (using vehicle in dangerous condition etc.) has within the three years immediately preceding the commission of the offence been convicted of any such offence, subsection (1) above shall apply in relation to him as if the reference to twelve months were a reference to six months.”

26 Breach of requirements as to control of vehicle, mobile telephones etc.

(1) Before section 42 of the Road Traffic Act 1988 insert—

“41D Breach of requirements as to control of vehicle, mobile telephones etc.

A person who contravenes or fails to comply with a construction and use requirement—

(a) as to not driving a motor vehicle in a position which does not give proper control or a full view of the road and traffic ahead, or not causing or permitting the driving of a motor vehicle by another person in such a position, or

(b) as to not driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device, or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device,

is guilty of an offence.”

(2) In section 42(a) of that Act (breach of other construction and use requirements), before “of” insert “or 41D”.

(3) In Schedule 1 to the Road Traffic Offenders Act 1988 (offences to which certain sections apply), before the entry relating to section 42 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), before the entry relating to section 42 of the Road Traffic Act 1988 (c. 52) insert—

(5) In Schedule 3 to that Act (fixed penalty offences), before the entry relating to section 42 of the Road Traffic Act 1988 insert—

27 Power of police to stop vehicle

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 the entry relating to section 163 of the Road Traffic Act 1988 (failing to stop mechanically propelled vehicle or cycle when required to do so), in column (4) (punishment), for “Level 3 on the standard scale.” substitute—

28 Furious driving

In Part 2 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences otherwise than under the Traffic Acts), after the entry relating to manslaughter and culpable homicide insert—

29 Breach of duty to give information as to identity of driver etc.

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 the entry relating to section 172 of the Road Traffic Act 1988 (c. 52) (duty to give information as to identity of driver etc. in certain circumstances), in column (7) (penalty points), for “3” substitute “6”.

Other provisions about offences

30 Meaning of driving without due care and attention

In the Road Traffic Act 1988, after section 3 insert—

“3ZA Meaning of careless, or inconsiderate, driving

(1) This section has effect for the purposes of sections 2B and 3 above and section 3A below.

(2) A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver.

(3) In determining for the purposes of subsection (2) above what would be expected of a careful and competent driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

(4) A person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving.”

31 Extension of offence in section 3A of Road Traffic Act 1988

(1) Section 3A of the Road Traffic Act 1988 (causing death by careless driving when under influence of drink or drugs etc.) is amended as follows.

(2) In subsection (1), after paragraph (c) insert “or

(d) he is required by a constable to give his permission for a laboratory test of a specimen of blood taken from him under section 7A of this Act, but without reasonable excuse fails to do so,”.

(3) In subsection (3), for “and (c)” substitute “, (c) and (d)”.

(4) In section 24(1) of the Road Traffic Offenders Act 1988 (alternative verdicts), in the Table, in the entry relating to section 3A of the Road Traffic Act 1988, in the second column, after “Section 7(6) (failing to provide specimen)” insert “Section 7A(6) (failing to give permission for laboratory test)”.

32 Alternative verdict on unsuccessful culpable homicide prosecution

(1) Section 23 of the Road Traffic Offenders Act 1988 (c. 53) (alternative verdicts in Scotland) is amended as follows.

(2) In subsection (1), for “an offence under section 2 of the Road Traffic Act 1988 (dangerous driving)” substitute “any of the relevant offences”.

(3) After that subsection insert—

“(1A) For the purposes of subsection (1) above the following are the relevant offences—

(a) an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving),

(b) an offence under section 2 of that Act (dangerous driving), and

(c) an offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).”

33 Alternative verdict on unsuccessful manslaughter prosecution

In section 24 of the Road Traffic Offenders Act 1988 (alternative verdicts), before subsection (1) insert—

“(A1) Where—

(a) a person charged with manslaughter in connection with the driving of a mechanically propelled vehicle by him is found not guilty of that offence, but

(b) the allegations in the indictment amount to or include an allegation of any of the relevant offences,

he may be convicted of that offence.

(A2) For the purposes of subsection (A1) above the following are the relevant offences—

(a) an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving),

(b) an offence under section 2 of that Act (dangerous driving),

(c) an offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs), and

(d) an offence under section 35 of the Offences against the Person Act 1861 (furious driving).”

Attendance on courses

34 Penalty points

(1) The Road Traffic Offenders Act 1988 is amended as follows.

(2) In section 29 (penalty points to be taken into account on conviction), after subsection (2) insert—

“(2A) Subsection (1)(b) above has effect subject to section 30A(4) of this Act.”

(3) After section 30 insert—

“30A Reduced penalty points for attendance on course

(1) This section applies where—

(a) a person is convicted of a specified offence by or before a court,

(b) penalty points are to be attributed to the offence and the court does not order him to be disqualified, and

(c) at least seven but no more than eleven penalty points are to be taken into account on the occasion of the conviction.

(2) In this section “specified offence” means—

(a) an offence under section 3 of the Road Traffic Act 1988 (careless, and inconsiderate, driving),

(b) an offence under section 36 of that Act (failing to comply with traffic signs),

(c) an offence under section 17(4) of the Road Traffic Regulation Act 1984 (use of special road contrary to scheme or regulations), or

(d) an offence under section 89(1) of that Act (exceeding speed limit).

(3) But the Secretary of State may by regulations amend subsection (2) above by adding other offences or removing offences.

(4) Where this section applies, the court may make an order that three of the penalty points attributed to the offence (or all of them if three or fewer are so attributed) shall not be taken into account under section 29(1)(b) of this Act on the occasion of any conviction of an offence after the end of the period of twelve months beginning with the date of the order if, by the relevant date, the offender completes an approved course specified in the order.

(5) In subsection (4) above—

• “an approved course” means a course approved by the appropriate national authority for the purposes of this section in relation to the description of offence of which the offender is convicted, and

• “the relevant date” means such date, no later than ten months after the day on which the order is made, as is specified in the order.

(6) A court shall not make an order under this section in the case of an offender convicted of an offence if—

(a) the offender has, during the period of three years ending with the date on which the offence was committed, committed a specified offence and successfully completed an approved course pursuant to an order made under this section or section 34A of this Act on conviction of that offence, or

(b) the offence was committed during his probationary period.

(7) A court shall not make an order under this section in the case of an offender unless—

(a) the court is satisfied that a place on the course 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 of the amount of the fees which he is required to pay for the course and when he must pay them, and

(d) the offender has agreed that the order should be made.

30B Certificates of completion of courses

(1) An offender shall be regarded for the purposes of section 30A of this Act as having completed a course satisfactorily if (and only if) a certificate that he has done so is received by the proper officer of the supervising court.

(2) A course provider must give a certificate under subsection (1) above to the offender not later than fourteen days after the date specified in the order as the latest date for the completion of the course unless the offender—

(a) fails to make due payment of fees for the course,

(b) fails to attend the course in accordance with the course provider’s reasonable instructions, or

(c) fails to comply with any other reasonable requirement of the course provider.

(3) A certificate under subsection (1) above is to be given by the course 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 course provider decides not to give a certificate under subsection (1) above to the offender, he shall give written notice of the decision to the offender as soon as possible, and in any event not later than fourteen days after the date specified in the order as the latest date for completion of the course.

(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 course provider’s decision not to give a certificate under subsection (1) above was contrary to subsection (2) above.

(6) If the court grants the application, section 30A of this Act shall have effect as if the certificate had been duly received by the proper officer of the supervising court.

(7) If fourteen days after the date specified in the order as the latest date for completion of the course the course provider has given neither the certificate under subsection (1) above nor a notice under subsection (4) above, the offender 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 course provider is in default.

(8) If the court grants the application, section 30A of this Act shall have effect as if the certificate had been duly received by the proper officer of the supervising court.

(9) 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.

(10) Where the proper office of a court receives a certificate under subsection (1) above, or a court grants an application under subsection (5) or (7) 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.

30C Approval of courses

(1) If an application is made to the appropriate national authority for the approval of a course for the purposes of section 30A 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 course, and

(b) whether the course provider is an appropriate person to provide the course 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 course may be approved subject to conditions specified by the appropriate national authority.

(4) An approval of a course 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 courses 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 course and by when they are to be paid,

(d) for the monitoring of courses and course 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 courses and course providers.

30D Provisions supplementary to sections 30A to 30C

(1) The appropriate national authority may issue guidance to course providers, or to any category of course provider, as to the conduct of courses approved for the purposes of section 30A of this Act; and—

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

(b) in determining for the purposes of section 30B of this Act whether any instructions or requirements of a course 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 30A(1)(c) of this Act by substituting for the lower number of penalty points for the time being specified there a different number of penalty points, or

(b) amending section 30A(6)(a) of this Act by substituting for the period for the time being specified there a different period.

(3) In sections 30A to 30C of this Act and this section—

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

• “course provider”, in relation to a course, means the person by whom it is, or is to be, provided;

• “probationary period” has the meaning given in section 1 of the Road Traffic (New Drivers) Act 1995;

• “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 order made under section 30A of this Act 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 order under section 30A of this Act, 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 30A, 30B or 30C 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 30A, 30B or 30C of this Act or this section shall be exercisable by statutory instrument.

(6) No regulations shall be made under section 30A of this Act or this section unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(7) A statutory instrument containing regulations made under section 30B or 30C of this Act by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

35 Reduced disqualification period for attendance on course

For sections 34A to 34C of the Road Traffic Offenders Act 1988 (c. 53) substitute—

“34A Reduced disqualification for attendance on courses

(1) This section applies where—

(a) a person is convicted of a relevant drink offence or a specified offence by or before a court, and

(b) the court makes an order under section 34 of this Act disqualifying him for a period of not less than twelve months.

(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.