Road Safety Act 2006

Regulations under RTA section 160 made by virtue of paragraph 2(1) of Schedule 2A	Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting removal of or interference with immobilisation notice.	Summarily.	Level 2 on the standard scale.
Regulations under RTA section 160 made by virtue of paragraph 2(2) of Schedule 2A	Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting removal or attempted removal of immobilisation device.	Summarily.	Level 3 on the standard scale.
Regulations under RTA section 160 made by virtue of paragraph 2(3) of Schedule 2A	Contravention of provision of regulations (which is declared by regulations to be an offence) about display of disabled person's badge.	Summarily.	Level 3 on the standard scale.
Regulations under RTA section 160 made by virtue of paragraph 2(4) of Schedule 2A	Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting making of false or misleading declaration to secure release of vehicle from immobilisation device.	(a) Summarily.(b) On indictment.	(a) The statutory maximum.(b) 2 years or a fine or both.
Regulations under RTA section 160 made by virtue of paragraph 4 of Schedule 2A	Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting making of false or misleading declaration to secure possession of vehicle in person's custody.	(a) Summarily.(b) On indictment.	(a) The statutory maximum.(b) 2 years or a fine or both.

Increases in penalties

Careless, and inconsiderate, driving

23

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 ”.

Breach of requirements relating to children and seat belts

24

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 ”.

Using vehicle in dangerous condition etc.

25

• (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—

(a) Obligatory if committed within three years of a previous conviction of the offender under section 40A.(b) Discretionary in any other case.

• (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.

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

26

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

(41D) 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—

RTA section 41D.	Breach of requirements as to control of vehicle, mobile telephones etc.	Sections 11 and 12(1) of this Act.

• (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—

RTA section 41D	Breach of requirements as to control of vehicle, mobile telephones etc.	Summarily.	(a) Level 4 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers.(b) Level 3 on the standard scale in any other case.	Discretionary.	Obligatory.	3.

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

RTA section 41D	Breach of requirement as to control of vehicle, mobile telephone etc.

Power of police to stop vehicle

27

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—

(a) Level 5 on the standard scale if committed by a person driving a mechanically propelled vehicle.(b) Level 3 on the standard scale if committed by a person riding a cycle.

and, in column (2) (general nature of offence), for “motor” substitute “ mechanically propelled ”.

Furious driving

28

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—

An offence under section 35 of the Offences against the Person Act 1861 (furious driving).	Discretionary.	Obligatory if committed in respect of a mechanically propelled vehicle.	3-9

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

29

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

Meaning of driving without due care and attention

30

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

(3ZA) (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.

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

31

• (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) ”.

Alternative verdict on unsuccessful culpable homicide prosecution

32

• (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).

Alternative verdict on unsuccessful manslaughter prosecution

33

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

Penalty points

34

• (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) (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) (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) (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) (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— 1. in relation to a magistrates' court in England and Wales, the designated officer for the court, and 2. 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— 1. in England and Wales, a magistrates' court acting for the local justice area in which the offender resides, and 2. 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— 1. 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 2. 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.

Reduced disqualification period for attendance on course

35

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

(34A) (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. (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. (34B) (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. (34BA) (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. (34C) (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— 1. in relation to a magistrates' court in England and Wales, the designated officer for the court, and 2. 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— 1. in England and Wales, a magistrates' court acting for the local justice area in which the offender resides, and 2. 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— 1. 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 2. 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.

Driving standards

Driving tests

36

• (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 ”.

Disqualification until test is passed

37

• (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.

Granting of full licence

38

• (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, ”.

Compulsory surrender of old-form licences

39

• (1) In the Road Traffic Act 1988, after section 98 insert—

(98A) (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, ... (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) and (c) provides such evidence or further evidence as the Secretary of State may require for the purpose of satisfying the Secretary of State that the holder is not suffering from a relevant or prospective disability. (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.			.

Fee for renewal of photocard licence and issue of certain alternative licences

40

• (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, ”.

Driver training

41

• (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

.

Driving instruction

42

Schedule 6 contains amendments about driving instruction.

Tests: approved assistants

43

In the Road Traffic Act 1988, before section 163 insert—

(162A) (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.

Regulation of registration plate suppliers

Enforcement authorities

44

• (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;

.

Registration plates

45

• (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. ”

Extension to Scotland and Northern Ireland

46

• (1) Part 2 of the Vehicles (Crime) Act 2001 (regulation of registration plate suppliers) extends to Scotland and Northern Ireland.

• (2) In consequence of subsection (1) that Act is amended as follows.

• (3) In section 17(1) (requirement of registration for registration plate suppliers carrying on business in England or Wales), omit “in England or Wales”.

• (4) In section 18(5) (certified copy of register or extract from register to be evidence of matters mentioned in it), after “evidence” insert “ (or, in Scotland, sufficient evidence) ”.

• (5) In section 20(6) (removal or suspension not to have effect while appeal pending or capable of being brought: meaning of “appeal”), after the reference to section 111 of the Magistrates' Courts Act 1980 (c. 43) insert “ or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 ”.

• (6) For section 23 substitute—

(23) (1) An appeal against the cancellation by the Secretary of State under section 21 of a person's registration may be brought— (a) in England and Wales, to a magistrates' court, (b) in Scotland, to the sheriff, or (c) in Northern Ireland, to a court of summary jurisdiction. (2) An appeal under subsection (1) shall be brought within the period of 21 days beginning with the day on which the person concerned is served with a notice under section 22(7). (3) The procedure on an appeal under subsection (1)— (a) in England and Wales, is to be by way of complaint for an order and in accordance with the Magistrates' Courts Act 1980, (b) in Scotland, is to be by way of summary application to the sheriff, and (c) in Northern Ireland, is to be by way of notice under Part 7 of the Magistrates' Courts (Northern Ireland) Order 1981. (4) For the purposes of the time limit for bringing an appeal under subsection (1) the appeal is to be treated as brought— (a) in England and Wales, on the making of the complaint, (b) in Scotland, on the lodging of the summary application with the sheriff clerk, and (c) in Northern Ireland, when a notice is served on the clerk of the petty sessions under Article 76(2)(a) of the Magistrates' Courts (Northern Ireland) Order 1981. (5) A party to an appeal to the sheriff under subsection (1) may further appeal, on a point of law only, to the sheriff principal or the Court of Session; and the decision on such an appeal is final. (6) On an appeal under subsection (1) or (5), the court may confirm, vary or reverse the decision appealed against and generally give such directions as it considers appropriate having regard to the provisions of this Part. (7) The Secretary of State must comply with any directions given by a court under this section. (8) But the Secretary of State need not do so until— (a) in England and Wales, the time for making an application under section 111 of the Magistrates' Courts Act 1980 (application by way of case stated), (b) in Scotland, the time for lodging an appeal under subsection (5), or (c) in Northern Ireland, the time for making an application under Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (application by way of case stated), has passed. (9) And if such an application or appeal is made or lodged, he need not do so until the final determination or withdrawal of the appeal or application.

• (7) In section 26 (rights to enter and inspect premises)—

• (a) in subsection (3) (application for warrant), after “justice of the peace” insert “ , or (in Scotland) a justice of the peace, magistrate or sheriff, ”,

• (b) in subsection (4) (issue of warrant), after “justice” insert “ of the peace, magistrate or sheriff ”, and

• (c) in subsection (8) (as amended by section 44(2)), before “by a local authority” insert “ (except in Northern Ireland) ”.

• (8) Section 30 (proceedings for offences) (as amended by section 44(3)), is to be renumbered as subsection (1) of that section; and—

• (a) in that subsection, after “instituted” insert “ in England and Wales ”, and

• (b) after that subsection insert—

(2) Proceedings for an offence under this Part shall not be instituted in Northern Ireland except— (a) by the Secretary of State or a constable; or (b) in any other case, with the consent of the Advocate General for Northern Ireland. (3) In relation to any time before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002, the reference in subsection (2)(b) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.

• (9) In section 31(1) (interpretation), in the definition of “local authority” (as substituted by section 44(4)), insert at the end

or (c) in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

.

• (10) In section 39 (offences by body corporate), insert at the end—

(3) Where an offence under this Act committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership commits the offence and shall be liable to be proceeded against and punished accordingly.

• (11) In section 45 (extent)—

• (a) in subsection (1) (provisions extending only to England and Wales), for “Parts 1 and 2,” substitute “ Part 1 ”, and

• (b) in subsection (2), (provisions extending to England and Wales, Scotland and Northern Ireland), for “Sections” substitute “ Part 2 and sections ”.

Information

Particulars to be included in vehicles register

47

• (1) Section 7 of the Vehicle Excise and Registration Act 1994 (c. 22) (issue of vehicle licences) is amended as follows.

• (2) After subsection (1) insert—

(1A) The particulars which may be so specified include any particulars which are required by regulations under section 22(1)(aa) to be recorded on the register in the case of the vehicle for which the licence is to be taken out; and the declarations and evidence which may be so specified include declarations and evidence relating to any such particulars.

• (3) In subsection (5), before paragraph (a) insert—

(za) that the requirements imposed by this section in the case of the vehicle specified in the application have been complied with,

.

• (4) Section 22 of that Act (registration regulations) is amended as follows.

• (5) In paragraph (a) of subsection (1) (provision with respect to registration), for “(including, in particular, the form of and the particulars to be included in the register of trade licences)” substitute “ and trade licences ”.

• (6) After that paragraph insert—

(aa) prescribe the form of, and the particulars to be included in, the register of vehicles and the register of trade licences,

.

• (7) In paragraph (d) of that subsection (requirement on person by, through or to whom vehicle is sold or disposed of to furnish particulars)—

• (a) after “person” insert “ by whom any vehicle is kept or ”,

• (b) for “furnish the particulars” substitute “ make any such declarations and furnish any such particulars and any such documentary or other evidence as may be ”, and

• (c) for “in the manner” substitute “ and to do so at such times and in such manner as may be ”.

• (8) In paragraph (h) of that subsection (new registration documents), for “or inaccurate” substitute “ or which have become inaccurate for any reason (in particular by reason of a change in the person by whom the vehicle to which they relate is being kept) ”.

• (9) After subsection (1A) insert—

(1AA) The particulars which may be required to be included in the register by regulations under subsection (1)(aa), or to be furnished by regulations under subsection (1)(d), in the case of a vehicle include— (a) particulars relating to the vehicle, and (b) particulars relating to the person by whom the vehicle is kept; and the declarations and evidence which may be required to be furnished by regulations under subsection (1)(d) in the case of a vehicle include declarations and evidence relating to such particulars.

• (10) After subsection (1B) insert—

(1BA) Regulations under subsection (1)(e) and (h) may, in particular, provide that registration documents, or new registration documents, need not be issued in respect of a vehicle if particulars required in the case of the vehicle by regulations under paragraph (d) have not been furnished.

• (11) Section 45 of that Act (false or misleading declarations and information) is amended as follows.

• (12) In subsection (1), after “misleading” insert “ , or produces a document which to his knowledge is false or in any material respect misleading, ”.

• (13) In subsection (2A)—

• (a) after “statement” insert “ or produces a document ”, and

• (b) for “made in respect of a vehicle” substitute “ made or produced ”.

Records of goods vehicle examinations

48

• (1) In section 49 of the Road Traffic Act 1988 (c. 52) (tests of satisfactory condition of goods vehicles and determination of plated weights etc.), after subsection (3) insert—

(3A) The Secretary of State must maintain, or cause to be maintained, records containing such particulars as he thinks fit of— (a) goods vehicles submitted for examination under this section, and (b) the carrying out of and the results of the examinations.

• (2) After that section insert—

(49A) (1) This section applies to— (a) the records maintained by the Secretary of State (or caused by him to be maintained) under section 49(3A) of this Act, and (b) the records maintained by the Secretary of State in connection with any functions exercisable by him under or by virtue of the Vehicle Excise and Registration Act 1994. (2) The Secretary of State may use the information contained in records falling within either paragraph of subsection (1) above— (a) to check the accuracy of the records falling within the other paragraph of that subsection, and (b) where appropriate, to amend or supplement information contained in those records. (3) The Secretary of State may also use the information contained in records falling within paragraph (b) of that subsection for the purpose of promoting compliance with section 53 of this Act. (4) This section does not limit any powers of the Secretary of State apart from this section.

• (3) In section 22A(6) of the Vehicle Excise and Registration Act 1994 (c. 22) (vehicle identity checks), after “45(6B)” insert “ or 49(3A) ”.

Disclosure to foreign authorities of licensing and registration information

49

• (1) The Secretary of State may make any information held by him (in any form) for the purposes of—

• (a) Part 3 or 4 of the Road Traffic Act 1988 (c. 52) (licensing of drivers of vehicles), or

• (b) Part 2 of the Vehicle Excise and Registration Act 1994 (registration of vehicles),

available to the authorities of any country or territory outside the United Kingdom with responsibility under the law of that country or territory for the regulation of drivers or vehicles for use by them in the discharge of that responsibility.

• (2) The Department of the Environment may make any information held by it (in any form) for the purposes of—

• (a) Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (licensing of drivers of vehicles), or

• (b) Articles 70 to 79 of that Order (licensing of drivers of large goods vehicles and passenger-carrying vehicles),

available to the authorities of any country or territory outside the United Kingdom with responsibility under the law of that country or territory for the regulation of drivers or vehicles for use by them in the discharge of that responsibility.

Level crossings

Safety arrangements at level crossings

50

• (1) Section 1 of the Level Crossings Act 1983 (c. 16) (safety arrangements at level crossings) is amended as follows.

• (2) For paragraph (a) of subsection (2) substitute—

(a) may require the operator of the crossing or the local traffic authority (or both) to provide at or near the crossing any protective equipment specified in the order and to maintain and operate that equipment in accordance with the order;

.

• (3) In paragraph (b) of that subsection, after “impose” insert “ on the operator ”.

• (4) In subsection (3)(b), omit “barriers or other”.

• (5) In subsection (5)(b), for “include requirements as to” substitute “ impose requirements as to protective ”.

• (6) For subsection (6) substitute—

(6) The Secretary of State may make an order under this section in respect of a level crossing on being requested to do so by the operator of the crossing or without a request by the operator. (6ZA) The Secretary of State may not make an order without a request by the operator unless— (a) he has consulted the Office of Rail Regulation and the local traffic authority about the order he proposes to make; and (b) having done so, he has sent to the operator, the Office of Rail Regulation and the local traffic authority a copy of a draft of the order he proposes to make and a notice specifying the period (not being less than two months) within which they may make representations to him in respect of his proposal to make the order.

• (7) For subsection (8) substitute—

(8) Before making a request the operator— (a) must consult the Office of Rail Regulation and the local traffic authority about the draft order he intends to submit to the Secretary of State; and (b) having done so, must give written notice to the Office of Rail Regulation and the local traffic authority of his intention to make a request. (8A) A notice given under subsection (8)— (a) must be accompanied by a copy of the draft order which the operator intends to submit to the Secretary of State; and (b) must specify the period (not being less than two months) within which the Office of Rail Regulation and the local traffic authority may make representations to the Secretary of State in respect of the request.

• (8) In subsection (9), for “(6) or (8)” substitute “ (6ZA) or (8A) ”.

• (9) In subsection (11)—

• (a) omit the definition of “local authority”,

• (b) before the definition of “operator” insert—

“local traffic authority”, in relation to a crossing, means the authority which for the purposes of the Road Traffic Regulation Act 1984 is the local traffic authority for the road crossed by the railway at the crossing;

, and

• (c) in the definition of “protective equipment”, after “includes” insert “ barriers, ”.

Delegation of power to make level crossing orders

51

• (1) In paragraph 7 of Schedule 3 to the Railways Act 2005 (c. 14) (agreements by Secretary of State and Office of Rail Regulation for that Office to carry out on his behalf functions other than powers to make instruments of legislative character), after sub-paragraph (3) insert—

(4) Sub-paragraph (3)(b) does not prevent the Secretary of State and the Office of Rail Regulation from entering into an agreement for that Office to carry out on his behalf the function of making orders under section 1 of the Level Crossings Act 1983.

• (2) Subsection (2) of section 13 of the Health and Safety at Work etc. Act 1974 (c. 37) (agreements by Health and Safety Commission with Minister to perform functions on his behalf not to be taken to authorise performance of powers to make instruments of legislative character) is not to be taken to have prevented the performance by the Health and Safety Executive (on behalf of the Health and Safety Commission), in reliance on an agreement under subsection (1)(b) of that section, of the function of making orders under section 1 of the Level Crossings Act 1983 (c. 16).

Hackney carriages and private hire vehicles

Immediate suspension and revocation of drivers' licences

52

• (1) Part 2 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) (hackney carriages and private hire vehicles in England and Wales outside London) is amended as follows.

• (2) In section 61 (suspension and revocation of drivers' licences), after subsection (2) insert—

(2A) Subject to subsection (2B) of this section, a suspension or revocation of the licence of a driver under this section takes effect at the end of the period of 21 days beginning with the day on which notice is given to the driver under subsection (2)(a) of this section. (2B) If it appears that the interests of public safety require the suspension or revocation of the licence to have immediate effect, and the notice given to the driver under subsection (2)(a) of this section includes a statement that that is so and an explanation why, the suspension or revocation takes effect when the notice is given to the driver.

• (3) In subsection (3) of that section, after “under” insert “ subsection (1) of ”.

• (4) In section 77 (appeals), after subsection (2) insert—

(3) Subsection (2) of this section does not apply in relation to a decision under subsection (1) of section 61 of this Act which has immediate effect in accordance with subsection (2B) of that section.

Abolition of “contract exemption”

53

In section 75(1) of the Local Government (Miscellaneous Provisions) Act 1976 (hackney carriages and private hire vehicles in England and Wales outside London: savings), omit paragraph (b)(vehicles used only for carrying passengers for hire or reward under contract for hire for not less than 7 day period).

Private hire vehicles in London

54