Road Safety Act 2006

Payments for road safety

Driving record

1

For section 40 of the Road Traffic Act 1988 (c. 52) (power to subsidise promotion of road safety by bodies other than local authorities) substitute—

(40) (1) A national transport authority may make payments to any local authority or any other authority or body for meeting the whole or part of the capital or running costs of any measures for promoting road safety. (2) A “national transport authority” means— (a) the Secretary of State acting with the approval of the Treasury, or (b) the National Assembly for Wales.

Application of surplus income from safety camera enforcement

2

• (1) Section 38 of the Vehicles (Crime) Act 2001 (c. 3) (unified power for Secretary of State to fund speed cameras etc.) is amended as follows.

• (2) In subsections (3) and (4), for “this section” substitute “ subsection (1) ”.

• (3) After subsection (4) insert—

(4A) The Secretary of State may by regulations make provision for making to public authorities for road safety purposes payments calculated by reference to any amount by which— (a) the amount of the sums paid into the Consolidated Fund in consequence of the commission of offences to which subsection (2) applies and which are detected by cameras, exceeds (b) the amount of any payments made under subsection (1).

Fixed penalties

Penalty points

3

• (1) The Road Traffic Offenders Act 1988 (c. 53) is amended as follows.

• (2) In section 53 (amount of fixed penalty), for subsections (2) and (3) substitute—

(2) Any order made under subsection (1)(a) above in relation to an offence may make provision for the fixed penalty for the offence to be different depending on the circumstances, including (in particular)— (a) the nature of the contravention or failure constituting the offence, (b) how serious it is, (c) the area, or sort of place, where it takes place, and (d) whether the offender appears to have committed any offence or offences of a description specified in the order during a period so specified.

• (3) In section 84(2) (regulations about surcharge notices), for paragraphs (b) and (c) substitute

and (b) the amount of the penalty stated in the offer is less than the fixed penalty applicable in the circumstances,

.

Graduated fixed penalty points

4

• (1) Section 28 of the Road Traffic Offenders Act 1988 (penalty points to be attributed to an offence) is amended as follows.

• (2) For subsection (3) substitute—

(3) For the purposes of sections 57(5) and 77(5) of this Act, the number of penalty points to be attributed to an offence is— (a) where both a range of numbers and a number followed by the words “(fixed penalty)” is shown in the last column of Part 1 of Schedule 2 to this Act in relation to the offence, that number, (b) where a range of numbers followed by the words “or appropriate penalty points (fixed penalty)” is shown there in relation to the offence, the appropriate number of penalty points for the offence, and (c) where only a range of numbers is shown there in relation to the offence, the lowest number in the range. (3A) For the purposes of subsection (3)(b) above the appropriate number of penalty points for an offence is such number of penalty points as the Secretary of State may by order made by statutory instrument prescribe. (3B) An order made under subsection (3A) above in relation to an offence may make provision for the appropriate number of penalty points for the offence to be different depending on the circumstances, including (in particular)— (a) the nature of the contravention or failure constituting the offence, (b) how serious it is, (c) the area, or sort of place, where it takes place, and (d) whether the offender appears to have committed any offence or offences of a description specified in the order during a period so specified.

• (3) In subsection (7), in paragraph (b), after “penalty)” insert “ or the words “or appropriate penalty points (fixed penalty)” .

• (4) Before the word “and” at the end of that paragraph insert—

(ba) substitute the words “or appropriate penalty points (fixed penalty)” for a number together with the words “(fixed penalty)”, or substitute a number together with the words “(fixed penalty)” for the words “or appropriate penalty points (fixed penalty)”, in relation to an offence in the last column of Part 1 or 2,

.

• (5) After subsection (8) insert—

(8A) Before making any order under subsection (3A) above the Secretary of State must consult with such representative organisations as he thinks fit.

• (6) In subsection (9), for “subsection (7) above” substitute “ this section ”.

Safety arrangements at level crossings

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Schedule 1 contains provision about the giving of fixed penalty notices by vehicle examiners and connected matters.

Powers to regulate transport of radioactive material

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• (1) The Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) is amended as follows.

• (2) In subsection (1) of section 9 (duty of applicant for operator's licence to notify traffic commissioner of notifiable conviction subsequent to making of application), insert at the end “ or there is issued a notifiable fixed penalty notice within the meaning given in paragraph 7 of that Schedule. ”

• (3) In subsection (3)(b) of that section (offence of failing to notify conviction of transport manager), insert at the end “ or the issue to the transport manager of a fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988 in respect of such an offence. ”

• (4) In subsection (1) of section 26 (revocation, suspension and curtailment of operators' licences), after paragraph (c) insert—

(ca) that during those five years a fixed penalty notice or conditional offer has been issued under Part 3 of the Road Traffic Offenders Act 1988 to the licence-holder in respect of an offence within sub-paragraph (i) of paragraph (c) or to a servant or agent of the licence-holder in respect of an offence within sub-paragraph (ii) of that paragraph;

.

• (5) In paragraph (d) of that subsection, insert at the end “ or an issue of a fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988 to the licence-holder or a servant or agent of his in respect of such an offence; ”.

• (6) In paragraph 1 of Schedule 2 (information about, and convictions of, applicants for and holders of operators' licences), after paragraph (f) insert—

(fa) particulars of any notifiable fixed penalty notices which have been issued during those five years;

.

• (7) After paragraph 6 of that Schedule insert—

(7) In paragraph 1(fa) “notifiable fixed penalty notice” means any fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988— (a) issued to a relevant person in respect of an offence such as is mentioned in paragraph 5, or (b) issued to a servant or agent of a relevant person in respect of an offence within paragraph 4(b).

Public passenger vehicle licensing

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• (1) The Public Passenger Vehicles Act 1981 (c. 14) is amended as follows.

• (2) In section 19 (duty of applicant for PSV operator's licence to inform traffic commissioners of relevant convictions etc.), after subsection (2) insert—

(2A) For the purposes of subsections (1) and (2) above the issue to a person of a fixed penalty notice or conditional offer under Part 3 of the Road Traffic Offenders Act 1988 in respect of an offence prescribed for the purposes of this Act is to be treated as if it were a relevant conviction of him.

• (3) In sub-paragraph (1) of paragraph 1 of Schedule 3 (supplementary provisions as to qualifications for PSV operator's licence), before the word “and” at the end of paragraph (a) insert—

(aa) relevant fixed penalty notices issued to him and to his employees and agents;

.

• (4) In sub-paragraph (2) of that paragraph, before the word “and” at the end of paragraph (a) insert—

(aa) relevant fixed penalty notices issued to the company's officers, employees and agents;

.

• (5) After that sub-paragraph insert—

(2A) In sub-paragraphs (1)(aa) and (2)(aa) above “relevant fixed penalty notice” means a fixed penalty notice or conditional offer issued under Part 3 of the Road Traffic Offenders Act 1988 in respect of an offence prescribed for the purposes of this Act.

New system of endorsement

Driving record

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In the Road Traffic Offenders Act 1988 (c. 53), after section 97 insert—

(97A) (1) In this Act “driving record”, in relation to a person, means a record in relation to the person maintained by the Secretary of State and designed to be endorsed with particulars relating to offences committed by the person under the Traffic Acts. (2) The Secretary of State may make arrangements for the following persons to have access, by such means as the Secretary of State may determine, to information held on a person's driving record— (a) courts, (b) constables, (c) fixed penalty clerks, (d) the person in respect of whom the record is maintained and persons authorised by him, and (e) other persons prescribed in regulations made by the Secretary of State. (3) The power to make regulations under subsection (2)(e) above shall be exercisable by statutory instrument. (4) No regulations shall be made under subsection (2)(e) above unless a draft of the instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

Unlicensed and foreign drivers

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

• (2) In section 44 (endorsement of licences)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) for the heading substitute “ Orders for endorsement ”.

• (3) After that section insert—

(44A) (1) Where the court orders the endorsement of a person's driving record with any particulars or penalty points it must send notice of the order to the Secretary of State. (2) On receiving the notice, the Secretary of State must endorse those particulars or penalty points on the person's driving record. (3) A notice sent by the court to the Secretary of State in pursuance of this section must be sent in such manner and to such address and contain such particulars as the Secretary of State may require.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) After section 57 insert—

(57A) (1) Subject to subsection (2) below, where a person who is not the holder of a licence has been given a fixed penalty notice under section 54 of this Act in respect of an offence involving obligatory endorsement, his driving record may be endorsed in accordance with this section without any order of a court. (2) A person's driving record may not be endorsed under this section if at the end of the suspended enforcement period— (a) he has given notice, in the manner specified in the fixed penalty notice, requesting a hearing in respect of the offence to which the fixed penalty notice relates, and (b) the fixed penalty has not been paid in accordance with this Part of this Act. (3) If payment of the fixed penalty is made before the end of the suspended enforcement period and the person to whom the payment is made is the fixed penalty clerk, the fixed penalty clerk must send to the Secretary of State notice of the relevant particulars which are to be endorsed on the person's driving record. (4) Where any sum determined by reference to the fixed penalty is registered under section 71 of this Act for enforcement against the person as a fine in a case where the fixed penalty is required to be paid to the fixed penalty clerk, the fixed penalty clerk must send to the Secretary of State notice of the relevant particulars which are to be endorsed on the person's driving record— (a) if he is himself the person who registers the sum, on the registration of that sum, and (b) in any other case, on being notified of the registration by the person who registers that sum. (5) The Secretary of State must endorse the relevant particulars on the person's driving record if— (a) he receives notice of them under subsection (3) or (4) above, (b) the fixed penalty is paid to him before the end of the suspended enforcement period, or (c) in a case where the fixed penalty is required to be paid to the Secretary of State, any sum determined by reference to the fixed penalty is registered under section 71 of this Act for enforcement against the person as a fine. (6) References in this section to the relevant particulars are to— (a) particulars of the offence, including the date when it was committed, and (b) the number of penalty points to be attributed to the offence.

• (6) Schedule 2 contains further amendments about the endorsement of driving records in the case of unlicensed and certain foreign drivers.

All drivers

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• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) Schedule 3 contains further amendments about the endorsement of driving records in the case of all drivers.

Deposits and prohibition on driving

Financial penalty deposits

11

• (1) In the Road Traffic Offenders Act 1988 (c. 53), after Part 3 insert—