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Legal guide to UK motoring, sections for law enforcement, Driver licensing, learner and new drivers, buying and selling, speeding fines, owning a vehicle, wheel clamping, traffic information.

16 Experimental period for section 15


(1) Subject as follows, no order shall be made under section 34D of the Road
Traffic Offenders Act 1988 (c. 53) (inserted by section 15) after—

(a) the end of 2010, or

(b) such later time as may be specified in an order made by the Secretary
of State.

(2) But at any time before the restriction imposed by subsection (1) has taken
effect, the Secretary of State may by order provide that it shall not do so.

(3) In this section “the experimental period” means the period beginning when
section 15 comes into force and ending—

(a) when the restriction imposed by subsection (1) takes effect, or

(b) if the Secretary of State makes an order under subsection (2), on a date
specified in the order.

(4) During the experimental period—

(a) no order shall be made under section 34D by virtue of a person’s
conviction under section 3A of the Road Traffic Act 1988 (c. 52), and

(b) no order shall be made under section 34D except by a magistrates’
court acting for a local justice area (or, in Scotland, a sheriff court for a
district or a stipendiary magistrate for a commission area) which is for
the time being designated for the purposes of this section.

(5) In relation to orders made under section 34D during the experimental period,
section 34E(5) shall have effect with the omission of the references to the
relevant local court.

(6) The power to designate an area or district for the purposes of this section is
exercisable by the Secretary of State by order, and includes power to revoke a
designation previously made.

(7) An order under subsection (6) must specify the period for which an area or
district is designated, and may—

(a) specify different periods for different areas or districts, and

(b) extend or shorten any period previously specified.

(8) The power to make an order under subsection (1) is not exercisable after the
end of 2010, and no more than one order may be made under that subsection.

“Section 34D(12) of this Act Interference etc. with alcohol ignition interlock. Summarily. Level 4 on the standard scale if the motor ehicle to which the alcohol ignition interlock is fitted is goods vehicle or a vehicle adapted to carry more than eight passengers. Level 3 on the standard scale in any other case. ”

(9) Any power of the Secretary of State to make orders under this section is
exercisable by statutory instrument, and—

(a) no order is to be made under subsection (1) or (2) unless a draft of it has
been laid before, and approved by a resolution of, each House of
Parliament, and

(b) any statutory instrument containing an order under subsection (6) is
subject to annulment in pursuance of a resolution of either House of
Parliament.
Speeding

17 Penalty points


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
column (7) (penalty points)—

(a) for the entry relating to section 17(4) of the Road Traffic Regulation Act
1984 (c. 27) (traffic regulation on special roads), substitute “2-6 or
appropriate penalty points (fixed penalty) if committed in respect of a
speed limit, 3 in any other case”, and

(b) for the entry relating to section 89(1) of that Act (speeding offences
other than those on special roads), substitute “2-6 or appropriate
penalty points (fixed penalty)”.

18 Speed assessment equipment detection devices

(1) In section 41 of the Road Traffic Act 1988 (c. 52) (regulation of construction,
weight, equipment and use of vehicles)—

(a) in subsection (2), at the end insert—
“(m) speed assessment equipment detection devices.”, and

(b) in subsection (7), at the end insert—
““speed assessment equipment detection device” means a
device the purpose, or one of the purposes, of which is
to detect, or interfere with the operation of, equipment
used to assess the speed of motor vehicles.”

(2) After section 41B of that Act (breach of requirement as to weight: goods and
passenger vehicles) insert—
“41C Breach of requirement as to speed assessment equipment detection
devices
A person who—

(a) contravenes or fails to comply with a construction or use
requirement as to speed assessment equipment detection
devices, or

(b) uses on a road a motor vehicle or trailer which does not comply
with such a requirement, or causes or permits a motor vehicle
or trailer to be so used,
is guilty of an offence.”

(3) In section 42(a) of that Act (breach of other construction and use requirements),
for “or 41B(1)(a)” substitute “, 41B(1)(a), 41C(a)”.
Road Safety Act 2006 (c. 49) 23

(4) In section 98(1) of the Road Traffic Offenders Act 1988 (c. 53) (interpretation),
at the appropriate place insert—
““special road” in England and Wales has the same meaning as in
the Highways Act 1980 and in Scotland has the same meaning
as in the Roads (Scotland) Act 1984,”.

(5) In Schedule 1 to that Act (offences to which certain sections apply), after the
entry relating to section 41B of the Road Traffic Act 1988 (c. 52) insert—

(6) 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 41B of the
Road Traffic Act 1988 insert—

(7) In Schedule 3 to that Act (fixed penalty offences), after the entry relating to
section 41B of the Road Traffic Act 1988 insert—

19 Exemptions from speed limits

For section 87 of the Road Traffic Regulation Act 1984 (c. 27) (exemption of fire,
ambulance and police vehicles from speed limits) substitute—
“87 Exemptions from speed limits

(1) No statutory provision imposing a speed limit on motor vehicles shall
apply to any vehicle on an occasion when—

(a) it is being used for fire and rescue authority purposes or for or
in connection with the exercise of any function of a relevant
authority as defined in section 6 of the Fire (Scotland) Act 2005,
for ambulance purposes or for police or Serious Organised
Crime Agency purposes,

(b) it is being used for other prescribed purposes in such
circumstances as may be prescribed, or

(c) it is being used for training persons to drive vehicles for use for
any of the purposes mentioned in paragraph (a) or (b) above,
“RTA section 41C Breach of requirement as to
speed assessment
equipment detection device.
Sections 11 and 12(1) of this
Act.”

“RTA section 41C Breach of requirement as to speed assessment equipment detection devices. Summarily. (a) Level 4 on the standard scale if committed on a special road. (b) Level 3 onthe standard scale in any other case. Discretionary. Obligatory. 3-6 or 3 (fixed penalty).” “RTA section 41C Breach of requirement as to speed assessment equipment detection devices.”

if the observance of that provision would be likely to hinder the use of
the vehicle for the purpose for which it is being used on that occasion.

(2) Subsection (1) above does not apply unless the vehicle is being driven
by a person who—

(a) has satisfactorily completed a course of training in the driving
of vehicles at high speed provided in accordance with
regulations under this section, or

(b) is driving the vehicle as part of such a course.

(3) The Secretary of State may by regulations make provision about
courses of training in the driving of vehicles at high speed.

(4) The regulations may include—

(a) provision about the nature of courses,

(b) provision for the approval by the Secretary of State of persons
providing courses or giving instruction on courses and the
withdrawal of approvals (including provision for appeals
against refusal and withdrawal of approvals),

(c) provision specifying the maximum fees that a person may be
required to pay for a course,

(d) provision for the training or assessment, or the supervision of
the training or assessment, of persons providing courses or
giving instruction on courses,

(e) provision for the evidencing of the successful completion of
courses,

(f) provision authorising the Secretary of State to make available
information about persons providing courses or giving
instruction on courses, and

(g) provision treating courses of training in the driving of vehicles
at high speed which have been completed before the coming
into force of the regulations as if they had been provided in
accordance with the regulations.

(5) The regulations may include provision for the charging of reasonable
fees in respect of any function conferred or imposed on the Secretary of
State by the regulations.

(6) The regulations may make different provision—

(a) for different classes of vehicle,

(b) for different descriptions of persons, or

(c) otherwise for different circumstances.”
New offences

20 Causing death by careless, or inconsiderate, driving


(1) In the Road Traffic Act 1988 (c. 52), after section 2A insert—
“2B Causing death by careless, or inconsiderate, driving
A person who causes the death of another person by driving a
mechanically propelled vehicle on a road or other public place without
due care and attention, or without reasonable consideration for other
persons using the road or place, is guilty of an offence.”
Road Safety Act 2006 (c. 49) 25

(2) In section 24(1) of the Road Traffic Offenders Act 1988 (c. 53) (alternative
verdicts), in the Table—

(a) in the entry relating to section 1 of the Road Traffic Act 1988 (c. 52)
(causing death by dangerous driving), in the second column, after
“Section 2 (dangerous driving)” insert “Section 2B (causing death by
careless, or inconsiderate, driving)”,

(b) after the entry relating to section 2 of that Act insert—

(c) in the entry relating to section 3A of that Act (causing death by careless
driving when under influence of drink or drugs), in the second column,
before “Section 3 (careless, and inconsiderate, driving)” insert “Section
2B (causing death by careless, or inconsiderate, driving)”.

(3) In Schedule 1 to the Road Traffic Offenders Act 1988 (offences to which certain
sections apply), after the entry relating to section 2 of the Road Traffic Act 1988
insert—

(4) In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences:
offences under the Traffic Acts), after the entry relating to section 2 of the Road
Traffic Act 1988 insert—

(5) In sections 16(1)(a)(ii) and 17(1)(b) and (2)(b) of the Coroners Act 1988 (c. 13)
(informing coroners)—

(a) after “1” insert “, 2B”, and

(b) after “dangerous driving” insert “, careless driving”.

(6) In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act
2003 (c. 32) (offences where notice must be given to authority of State in which
offender is normally resident), after paragraph (b) insert—
“(ba) section 2B (causing death by careless, or inconsiderate,
driving),”.

21 Causing death by driving: unlicensed, disqualified or uninsured drivers

(1) In the Road Traffic Act 1988 (c. 52), after section 3ZA (inserted by section 30)

“Section 2B (causing death by careless, or inconsiderate, driving) Section 3 (careless, and inconsiderate, driving)”, “RTA section 2B Causing death by careless, or inconsiderate, driving. Sections 11 and 12(1) of this Act.” “RTA section 2B Causing death by careless, or inconsiderate, driving.

(a) Summarily.

(b) On indictment.

(a) 12 months (in England and Wales) or 6 months (in Scotland) or the statutory maximum or both.

(b) 5 years or a fine or both. Obligatory. Obligatory. 3-11”

insert—
“3ZB Causing death by driving: unlicensed, disqualified or uninsured
drivers
A person is guilty of an offence under this section if he causes the death
of another person by driving a motor vehicle on a road and, at the time
when he is driving, the circumstances are such that he is committing an
offence under—

(a) section 87(1) of this Act (driving otherwise than in accordance
with a licence),

(b) section 103(1)(b) of this Act (driving while disqualified), or

(c) section 143 of this Act (using motor vehicle while uninsured or
unsecured against third party risks).”

(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 3 of the Road Traffic
Act 1988 insert—

(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 3 of the Road
Traffic Act 1988 insert—

(4) In sections 16(1)(a)(ii) and 17(1)(b) and (2)(b) of the Coroners Act 1988 (c. 13)
(informing coroners)—

(a) before “or 3A” insert “, 3ZB”, and

(b) before “or careless” insert “, unlicensed, disqualified or uninsured
drivers”.

(5) In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act
2003 (c. 32) (offences where notice must be given to authority of State in which
offender is normally resident), after paragraph (c) insert—
“(ca) section 3ZB (causing death by driving: unlicensed,
disqualified or uninsured drivers),”.


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