Office of Public Sector Information
(3) 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).
(4) But the Secretary of State may by regulations amend subsection (3) above by adding other offences or removing offences.
(5) Where this section applies, the court may make an order that the period of disqualification imposed under section 34 of this Act (“the unreduced period”) shall be reduced if, by the relevant date, the offender satisfactorily completes an approved course specified in the order.
(6) In subsection (5) 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, at least two months before the last day of the period of disqualification as reduced by the order, as is specified in the order.
(7) The reduction made in a period of disqualification by an order under this section is a period specified in the order of—
(a) not less than three months, and
(b) not more than one quarter of the unreduced period,
(and, accordingly, where the unreduced period is twelve months, the reduced period is nine months).
(8) A court shall not make an order under this section in the case of an offender convicted of a specified 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 30A of this Act on conviction of that offence, or
(b) the specified offence was committed during his probationary period.
(9) 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.
(1) An offender shall be regarded for the purposes of section 34A 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 before the end of the unreduced period.
(2) If a certificate under subsection (1) above is so received before the end of the unreduced period but after the end of the period which would (apart from this subsection) be the reduced period, the reduced period is to be taken to end with the day on which the certificate is so received.
(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) 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.
(5) 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.
(6) An offender to whom a notice is given under subsection (5) 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 (4) above.
(7) If the court grants the application, section 34A of this Act shall have effect as if the certificate had been duly received by the proper officer of the supervising court.
(8) 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 a certificate under subsection (1) above nor a notice under subsection (5) 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.
(9) If the court grants the application, section 34A of this Act shall have effect as if the certificate had been duly received by the proper officer of the supervising court.
(10) A notice under subsection (5) 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.
(11) Where the proper officer of a court receives a certificate under subsection (1) above, or a court grants an application under subsection (6) or (8) 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 course for the purposes of section 34A 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.
(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 34A 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 34B 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 34A(1)(b) of this Act by substituting for the period for the time being specified there a different period,
(b) amending section 34A(7) 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), or
(c) amending section 34A(8)(a) of this Act by substituting for the period for the time being specified there a different period.
(3) In sections 34A to 34BA 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—
in relation to a magistrates' court in England and Wales, the designated officer for the court, and
otherwise, the clerk of the court;
“relevant local court”, in relation to an order under section 34A of this Act in the case of an offender, means—
in England and Wales, a magistrates' court acting for the local justice area in which the offender resides, and
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 34A of this Act, means—
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
in Scotland, the court which made the order.
(4) Any power to make regulations under section 34A, 34B or 34BA 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 necessary or appropriate.
(5) Any power to make regulations under section 34A, 34B or 34BA of this Act or this section shall be exercisable by statutory instrument.
(6) No regulations shall be made under section 34A 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 34B or 34BA of this Act by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
(1) Section 89 of the Road Traffic Act 1988 (c. 52) (driving tests) is amended as follows.
(2) In subsection (3) (regulations about nature of tests)—
(a) in paragraph (a), insert at the end “and the administrative arrangements for submitting for such tests”,
(b) in paragraph (b), after “conducted” insert “, conditions which must be satisfied during the currency of an appointment, the charging of reasonable fees in respect of applications for appointment or appointments or in connection with any examination or assessment which may be required before appointment or during the currency of any appointment”, and
(c) after that paragraph insert—
“(ba) the duty of a person submitting himself for a test to produce, and in prescribed circumstances surrender, any licence previously granted to him,”.
(3) In subsection (4) (provision that may be included in regulations under subsection (3))—
(a) for “In particular, regulations may, without prejudice to the generality of subsection (3) above,” substitute “Regulations under subsection (3)(a) above may in particular”,
(b) in paragraph (a) (provision by person submitting himself for driving test of vehicle which, if loading requirements are prescribed, is loaded in accordance with prescribed requirements), for “a vehicle” substitute “a safe and suitable vehicle”,
(c) in that paragraph, for the words after “the test” substitute “and for requiring that, if the vehicle is a vehicle of a prescribed description, it has been certified in the prescribed manner after a prescribed inspection as satisfying such requirements as may be prescribed,”, and
(d) for paragraph (b) substitute—
“(b) for the charging (whether on the making of an appointment for a test or otherwise) of reasonable fees for or in connection with the test and any inspection of a vehicle required by regulations under paragraph (a) above in relation to the test,”.
(4) In subsection (5) (driving tests in parts), omit paragraph (b) and the word “and” before it.
(5) After that subsection insert—
“(5ZA) Regulations under subsection (3)(b) above may in particular provide—
(a) for the supply by the Secretary of State to persons by whom tests of competence to drive, or parts of such tests, may be conducted of forms for certificates evidencing the results of such tests or parts of such tests, and
(b) for the charging of reasonable fees in respect of the exercise of any function conferred or imposed on the Secretary of State by the regulations.”
(6) In section 91 of that Act (repayment of test fees), for “A fee” substitute “The whole or any part of a fee”.
(1) Section 36 of the Road Traffic Offenders Act 1988 (c. 53) (duty of court to order disqualification until test is passed) is amended as follows.
(2) In subsection (3) (order to be made in case of person disqualified in circumstances, or for period, prescribed by order)—
(a) for “in such circumstances or for such period” substitute “for such period, in such circumstances or for such period and in such circumstances”,
(b) for “prescribe” substitute “specify”, and
(c) for “may be so prescribed” substitute “the Secretary of State may by order specify”.
(3) In subsection (5) (interpretation), for the definition of “appropriate driving test” substitute—
““appropriate driving test” means—
(a) in such circumstances as the Secretary of State may prescribe, an extended driving test, and
(b) otherwise, a test of competence to drive which is not an extended driving test,”; and, in the definition of “extended driving test”, after “section” insert “by regulations made by the Secretary of State”.
(4) In subsection (8) (disqualification to expire on production in accordance with regulations under section 105 of Road Traffic Act 1988 of evidence of having passed test), for “under section 105 of the Road Traffic Act 1988” substitute “made by the Secretary of State”.
(5) In subsection (9) (disqualification to expire by reason of passing of test only in relation to vehicles of such classes as are prescribed by such regulations), for “under that section” substitute “made by the Secretary of State”.
(6) After subsection (13) insert—
“(13A) Before making an order under subsection (3) above the Secretary of State must consult with such representative organisations as he thinks fit.”
(7) Omit subsection (14) (no order to be made under subsection (3) after end of 2001 unless one previously made).
(8) In section 173(2) of the Road Traffic Act 1988 (c. 52) (forgery of documents etc.), insert at the end “and
(n) any document produced as evidence of the passing of an appropriate driving test within the meaning of section 36 of that Act.”
(1) In section 89(1) of the Road Traffic Act 1988 (c. 52) (licence not to be granted unless conditions satisfied), for—
(a) the words in paragraph (a) before sub-paragraph (i), and
(b) the words from “that” to “passed” in paragraphs (c) and (e),
substitute “that he has, at such time or within such period as is prescribed, passed”.
(2) In section 97 of that Act (grant of licences), after subsection (1) insert—
“(1ZA) Regulations may provide that in prescribed circumstances a licence granted by the Secretary of State may be granted subject to prescribed conditions having effect—
(a) for a prescribed period, or
(b) until the happening of a prescribed event.”
(3) In section 98(1)(c) of that Act (provisional licence to specify conditions subject to which it is granted)—
(a) omit “in the case of a provisional licence”, and
(b) for “the conditions” substitute “any conditions”.
(4) In section 195 of that Act (provisions as to regulations)—
(a) in subsection (3), omit “is exercised” and after “189)” insert “is exercised (otherwise than for the purposes of section 97(1ZA) of this Act)”, and
(b) in subsection (4), after “Act” insert “, or for the purposes of section 97(1ZA) of this Act,”.
(1) In the Road Traffic Act 1988, after section 98 insert—
(1) The Secretary of State may by order require the holders of licences of a specified description, or any specified description of the holders of such licences, to surrender the licences and their counterparts to the Secretary of State.
(2) An order under this section may specify as the description of licences to be surrendered—
(a) licences which are not in the form of a photocard, or
(b) licences in the form of a photocard of a description no longer specified by the Secretary of State as a form in which licences are granted.
(3) An order under this section must specify the date by which the licences to which it relates (and their counterparts) are to be surrendered; and may specify different dates in relation to different descriptions of licence holders.
(4) An order under this section must include provision for the grant of a new licence to every holder of a licence surrendered (with its counterpart) in pursuance of the order who—
(a) pays such fee (if any) as is specified by the order, and
(b) provides the Secretary of State with such evidence or further evidence as the Secretary of State may require (which may include a photograph which is a current likeness of him).
(5) A replacement licence granted pursuant to provision made by virtue of subsection (4) above expires on the date on which the surrendered licence would have expired had it not been surrendered (but subject to subsection (6) below).
(6) Where the period for which the surrendered licence was granted was based on an error with respect to the licence holder’s date of birth such that (if the error had not been made) that licence would have been expressed to expire on a different date, the replacement licence expires on that different date.
(7) A person who, without reasonable excuse, fails to comply with any requirement to surrender a licence and its counterpart imposed by an order under this section is guilty of an offence.
(8) An order under this section may—
(a) make different provision for different cases, and
(b) contain such incidental and supplementary provisions as the Secretary of State considers appropriate.
(9) The power to make an order under this section is exercisable by statutory instrument.
(10) Before making an order under this section the Secretary of State must consult with such representative organisations as he thinks fit.
(11) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”
(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 94A of the Road Traffic Act 1988 (c. 52) insert—
| “RTA section 98A(7) | Driving licence holder failing to surrender licence and counterpart. | Section 6 of this Act.” |
(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 96 of the Road Traffic Act 1988 insert—
| “RTA section 98A(7). | Driving licence holder failing to surrender licence and counterpart. | Summarily. | Level 3 on the standard scale.” |
(1) In section 99 of the Road Traffic Act 1988 (duration of licence)—
(a) in subsection (7) (grant of new licence free of charge on surrender of photocard licence after ten years, in cases of error and on change of name or address), omit “and any licence granted under this subsection shall be granted free of charge”, and
(b) After that subsection insert—
“(7ZA) The Secretary of State is not required by subsection (7) above to grant a new licence on the surrender of a licence and its counterpart by a person in pursuance of subsection (2A) above unless the person has paid the fee (if any) which is prescribed; but any other licence under that subsection is to be granted free of charge.”
(2) In section 117A(2)(c) and (3) of that Act (disqualification etc. of holders of Community licences: issue of alternative licences), for “, free of charge,” substitute “, on payment of such fee (if any) as may be prescribed,”.
(1) Section 99ZC(1) of the Road Traffic Act 1988 (c. 52) (driver training courses: supplementary) is amended as follows.
(2) In paragraphs (b) and (c), after “courses” insert “or giving instruction on such courses”.
(3) After paragraph (e) insert “and
(f) provision authorising the Secretary of State to make available information about persons providing driver training courses or giving instruction on such courses.”
(4) In section 173(2) of that Act (forgery of documents etc.), for paragraph (ff) substitute—
“(ff) any document evidencing the successful completion of a driver training course provided in accordance with regulations under section 99ZA of this Act,”.
(5) In section 174(1) of that Act (false statements), after paragraph (c) insert—
“(ca) of obtaining a document evidencing the successful completion of a driver training course provided in accordance with regulations under section 99ZA of this Act, or”.
Schedule 6 contains amendments about driving instruction.
In the Road Traffic Act 1988, before section 163 insert—
(1) The Secretary of State may make regulations permitting any person wishing to be accompanied at a relevant test by another person (a “test assistant”) to be so accompanied if—
(a) he submits himself for the relevant test in any circumstances in which the Secretary of State considers it appropriate that he should be entitled to be so accompanied, and
(b) the test assistant is approved in accordance with regulations under this section to accompany people at relevant tests in such circumstances in order to assist them in undergoing the relevant tests.
(2) The circumstances in which the Secretary of State considers it appropriate that a person should be entitled to be accompanied by a test assistant at a relevant test may include, for example, circumstances in which he is likely to have difficulty in hearing, understanding or responding to instructions or questions in the course of the relevant test without assistance.
(3) The regulations may make provision in relation to the approval of test assistants 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 both) of fees of such amounts as are prescribed,
(c) in relation to the period for which an approval is to have effect and withdrawing approval,
(d) authorising the imposition of conditions on an approval,
(e) for an appeal to lie to the Transport Tribunal against a refusal of an application for approval, the imposition of conditions on an approval or the withdrawal of approval,
(f) prescribing circumstances in which an approved test assistant may not act as such,
(g) as to the evidencing by persons of their status as approved test assistants, and
(h) authorising the Secretary of State to make available (with or without charge) information about approved test assistants.
(4) The regulations may make different provision in relation to different cases.
(5) The following are relevant tests—
(a) tests of competence to drive a motor vehicle prescribed by virtue of section 89(3) of this Act or section 36(5) of the Road Traffic Offenders Act 1988,
(b) examinations of ability and fitness (or continued ability and fitness) to give driving instruction for which provision is made by virtue of section 132 of this Act, and
(c) emergency control assessments under section 133A of this Act.”
(1) Part 2 of the Vehicles (Crime) Act 2001 (c. 3) (regulation of registration plate suppliers) is amended as follows.
(2) In section 26(8) (power of entry for authorised persons: meaning of “authorised person”), for “section by” substitute “section—
(a) by the Secretary of State, or
(b) by”.
(3) In section 30(a) (institution of proceedings for offences), after “by” insert “the Secretary of State,”.
(4) In section 31(1) (interpretation of Part 2), for the definition of “local authority” substitute—
““local authority” means—
(a) in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London in its capacity as a local authority or the Council of the Isles of Scilly;
(b) in relation to Wales, a county council or a county borough council;”.
(1) Part 2 of the Vehicles (Crime) Act 2001 (c. 3) (regulation of registration plate suppliers) is amended as follows.
(2) In section 31(1) (interpretation of Part 2), in paragraph (a) of the definition of “registration plate”, for “a registration mark” substitute “in accordance with regulations under paragraph (b) of subsection (4) of section 23 of the 1994 Act a registration mark which complies with regulations under paragraph (a) of that subsection”.
(3) Section 28 (offences) is amended as follows.
(4) After subsection (1) insert—
“(1A) A person who sells a plate or other device which is not a registration plate only because the registration mark displayed by it—
(a) does not comply with regulations under paragraph (a) of subsection (4) of section 23 of the 1994 Act, or
(b) is displayed otherwise than in accordance with regulations under paragraph (b) of that subsection,
(or both) shall be guilty of an offence.
(1B) The Secretary of State may by regulations provide that the offence under subsection (1A) is not committed in circumstances prescribed by the regulations.”
(5) In subsection (2), after “(1)” insert “or (1A)”.
(6) In subsection (3), for “subsection (1) or (2)” substitute “this section”.
(7) In the heading, for “counterfeit registration plates” substitute “plates etc.”
Road Safety Act 2006