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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.
46 Extension to Scotland and Northern Ireland

(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 Appeals: Part 2

(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


47 Particulars to be included in vehicles register

(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”.


48 Records of goods vehicle examinations

(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 Use of records of goods vehicle examinations, etc.

(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)”.


49 Disclosure to foreign authorities of licensing and registration information


(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


50 Safety arrangements at level crossings


(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,”.


51 Delegation of power to make level crossing orders

(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
58 Road Safety Act 2006 (c. 49)
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


52 Immediate suspension and revocation of drivers’ licences

(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.”


53 Abolition of “contract exemption”


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).


54 Private hire vehicles in London

In the definition of “private hire vehicle” in section 1(1)(a) of the Private Hire
Vehicles (London) Act 1998 (c. 34) (vehicle, other than a taxi or public service
vehicle, seating fewer than nine passengers made available with a driver to the
public for hire to carry passengers), omit “to the public”.

Miscellaneous


55 Trunk road picnic areas


In section 112 of the Highways Act 1980 (c. 66) (provision of picnic sites and
public conveniences for users of trunk roads)—
Road Safety Act 2006 (c. 49) 59

(a) in subsection (1) (power to provide trunk road picnic areas), omit “that
is not a special road”,

(b) in subsection (3) (power to manage), after “picnic area” insert
“(including, in particular, by enforcing controls on parking there and
recovering the costs of doing so)”,

(c) in subsection (4) (power to make arrangements for the provision of
conveniences, facilities, meals or refreshments with anyone other than
a council), omit “, other than a council,”, and

(d) in subsection (5) (power to provide conveniences), omit “that is not a
special road”.


56 Vehicles modified to run on fuel stored under pressure

(1) The Road Traffic Act 1988 (c. 52) is amended as follows.

(2) Section 41 (regulation of construction, weight, equipment and use of vehicles)
is amended as follows.

(3) In subsection (2), after paragraph (b) insert—
“(ba) the modification of motor vehicles to enable them to be
propelled using fuel stored under pressure,”.

(4) After that subsection insert—
“(2A) Regulations under this section with respect to the modification of
motor vehicles to enable them to be propelled using fuel stored under
pressure may include provision—

(a) as to the examination, by persons authorised in accordance with
regulations, of motor vehicles that have been so modified, the
issuing of certificates by them in respect of such vehicles and the
making of charges by them,

(b) requiring authorised persons to notify the Secretary of State of
any such examinations carried out by them,

(c) as to appeals against any decision by an authorised person not
to issue a certificate,

(d) as to applications to the Secretary of State for authorisation and
charges in connection with them,

(e) imposing or providing for the imposition of conditions to be
complied with by authorised persons,

(f) as to the withdrawal of authorisations.”

(5) In section 66 (regulations prohibiting the grant of excise licences for certain
vehicles except on compliance with certain conditions), after subsection (7)
insert—
“(7A) The Secretary of State may by regulations provide, in relation to
vehicles required to be examined and certified by regulations under
section 41(2A)(a) of this Act, that the first licence for such a vehicle
under the Vehicle Excise and Registration Act 1994 for a period after the
requirement applies to the vehicle is to be granted only if evidence is
provided that a certificate has been issued in accordance with those
regulations.”


57 Powers to regulate transport of radioactive material


(1) Section 2 of the Radioactive Material (Road Transport) Act 1991 (c. 27)
(regulations for preventing injury or damage from transport by road of
radioactive material) is amended as follows.

(2) In subsection (2), for paragraph (d) and the word “and” before it substitute—
“(d) the keeping of records and the production, inspection, removal,
retention and copying of records and other documents;

(e) the provision of information and the answering of questions
(including the making of declarations as to the truth of answers
and their admissibility in evidence); and

(f) the provision of facilities and assistance in connection with the
carrying out of functions conferred by the regulations.”

(3) In subsection (3), before paragraph (a) insert—
“(za) make provision for the imposition of requirements by
inspectors and examiners;”.

(4) In subsection (4), after “with any” insert “requirement imposed by or by virtue
of”.


58 Minor corrections

(1) In section 88(1) of the Road Traffic Act 1988 (c. 52) (exceptions to requirement
to hold driving licence), after “any class” insert “at any time”.

(2) In section 105(5) of that Act (regulations: “the relevant provisions of the Road
Traffic Offenders Act 1988”), after “34” insert “, 35”.

(3) In section 45 of the Road Traffic Offenders Act 1988 (c. 53) (effect of
endorsement)—

(a) in subsection (6), for “that Act” substitute “the Road Traffic Act 1988”,
and

(b) in subsection (7)(a), at the beginning insert “under”.

(4) In section 79(1) of that Act (statements by constables), for “54(3)” substitute
“54(4)”.

(5) In section 90 of that Act (index of expressions)—

(a) in the entry relating to the expression “conditional offer”, for “75(3)”
substitute “75(5)”, and

(b) in the entry relating to “fixed penalty clerk”, for “75(4)” substitute
“75(6)”.

(6) In Schedule 1 to that Act (offences to which certain sections apply), after the entry relating to section 94A of the Road Traffic Act 1988 insert—
“RTA section 99(5) Driving licence holder failing to surrender licence and counterpart.
Section 6 of this Act.”

Supplementary


59 Repeals and revocations


Schedule 7 contains repeals and revocations (including repeals of some spent
enactments).


60 Power to make amendments

(1) The Secretary of State may by order make such amendments (including repeals
and revocations) as may appear appropriate in consequence of any provision
contained in this Act—

(a) in any enactment contained in an Act passed, and

(b) in any instrument made,
before, or in the same Session as that in which, the provision comes into force.

(2) An order under subsection (1) may include any appropriate transitional
provisions or savings.

(3) The power to make an order under subsection (1) is exercisable by statutory
instrument.

(4) No order shall be made under subsection (1) unless a draft of the order has
been laid before, and approved by a resolution of, each House of Parliament.


61 Commencement

(1) The preceding provisions of this Act come into force on such day as the
Secretary of State may by order made by statutory instrument appoint (but
subject to subsections (7) to (10)).

(2) Different days may be appointed for different purposes.

(3) Any provision of this Act which alters any penalty for an offence has effect only
in relation to offences committed after the coming into force of the provision.

(4) Section 2B of the Road Traffic Act 1988 (c. 52) (inserted by section 20) has effect
only in relation to driving occurring after the coming into force of that section;
and section 3ZB of that Act (inserted by section 21) has effect only in relation to
driving occurring after the coming into force of that section.

(5) In relation to an offence under section 2B or 3ZB of the Road Traffic Act 1988
committed before the commencement of section 154(1) of the Criminal Justice
Act 2003 (c. 44), the references in column 4 of Part 1 of Schedule 2 to the Road
Traffic Offenders Act 1988 (c. 53) relating to offences under those sections have
effect with the omission of the words “12 months (in England and Wales) or”
and “(in Scotland)”.

(6) The Secretary of State may by order made by statutory instrument make such
transitional provisions and savings as he considers appropriate in connection
with the coming into force of any provision of this Act.

(7) The following provisions come into force at the end of the period of two
months beginning with the day on which this Act is passed—

(a) section 1, and

(b) section 49.

(8) The day on which sections 8 and 9 and Schedule 2 (and the repeals contained
in Schedule 7 under the heading “Endorsement: unlicensed and foreign
drivers”) come into force must be—

(a) later than the day on which section 5 and Schedule 1 (and the repeals
contained in Schedule 7 under the heading “Giving of fixed penalty
notices by vehicle examiners”) come into force, but

(b) earlier than the day on which section 10 and Schedule 3 (and the repeals
contained in Schedule 7 under the heading “Endorsement: all drivers”)
come into force.

(9) Sections 51, 58 and 60, and the repeals contained in Schedule 7 under the
heading “Spent enactments” (and section 59 so far as relating to them), come
into force on the day on which this Act is passed; but—

(a) section 51(2) does not affect anything done or omitted to be done before
that day, and

(b) section 58(6) has effect only in relation to offences committed on or after
that day.

(10) Any power to make an order or regulations which is conferred by any
provision of this Act may be exercised at any time after the passing of this Act.


62 Extent

(1) Section 1 extends only to England and Wales.

(2) Section 11(3) and Schedule 4, section 16 and section 51 extend only to England
and Wales and Scotland.

(3) Section 49(2) extends only to Northern Ireland.

(4) Apart from the amendments made by sections 1 and 46, the amendments (and
repeals and revocations) made by this Act have the same extent as the
enactments and instruments amended (or repealed or revoked).

63 Short title

This Act may be cited as the Road Safety Act 2006.



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