- Statutory Instrument 2001 No. 4051
The Driving Licences (Disqualification until Test Passed) (Prescribed Offence) Order 2001
© Crown Copyright 2001
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Driving Licences (Disqualification until Test Passed) (Prescribed Offence) Order 2001, ISBN 0 11 039095 4. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 20th December 2001 | ||
| Coming into force | 31st January 2002 |
Whereas a draft of this Order has been laid before, and approved by, each House of Parliament, the Secretary of State for Transport, Local Government and the Regions, in exercise of the powers conferred by section 36(3) of the Road Traffic Offenders Act 1988[1], hereby makes the following Order:
Citation and commencement
1. This Order may be cited as the Driving Licences (Disqualification until Test Passed) (Prescribed Offence) Order 2001 and shall come into force on 31st January 2002.
Offences to which section 36(1) of the Road Traffic Offenders Act 1988 applies
2. An offence under section 3A of the Road Traffic Act 1988[2] (causing death by careless driving when under the influence of drink or drugs) which is committed on or after 31st January 2002, and any person committing such an offence, are prescribed for the purposes of section 36(1) of the Road Traffic Offenders Act 1988.
Signed by authority of the Secretary of State
John Spellar
Minister of State, Department for Transport, Local Government and the Regions
20th December 2001
(This note is not part of the Order)
Section 36(1) of the Road Traffic Offenders Act 1988 requires the court, where that subsection applies, to disqualify a person until he has passed "the appropriate driving test" within the meaning of subsection (5). This is either a test of competence to drive, or an extended driving test, depending upon the offence committed. By virtue of subsection (2), section 36(1) applies to persons who have been disqualified under section 34 of the 1988 Act on their conviction of dangerous driving, manslaughter or causing death by dangerous driving.
Section 36(3)(b) enables the Secretary of State to prescribe other offences involving obligatory endorsement to which subsection (1) is to apply. This Order prescribes the offence of causing death by careless driving whilst under the influence of drink or drugs under section 3A of the Road Traffic Act 1988 for that purpose if the offence is committed on or after 31st January 2002. The court is thereby required to disqualify a person convicted of such an offence until he has passed the appropriate driving test. In the case of an offence under section 3A, this is an extended driving test.
Notes:
[1] 1988 c. 53. Section 36 was substituted by section 32 of the Road Traffic Act 1991 (c. 40).back
[2] 1988 c. 52. Section 3A was inserted by section 3 of the Road Traffic Act 1991. By virtue of section 96 of, and Schedule 2 to, the Road Traffic Offenders Act 1988 (as amended by paragraph 7 of Schedule 2 to the Road Traffic Act 1991), the offence of causing death by careless driving when under the influence of drink or drugs is an offence involving obligatory endorsement.back
ISBN 0 11 039095 4