Road Traffic Offenders Act 1988

45 Effect of endorsement. E+W+S

(1) An order that any particulars or penalty points are to be endorsed on [F1 the counterpart of] any licence held by the person convicted shall, whether he is at the time the holder of a licence or not, operate as an order that [F1 the counterpart of] any licence he may then hold or may subsequently obtain is to be so endorsed until he becomes entitled under subsection (4) below to have a licence issued to him [F1 with its counterpart] free from the particulars or penalty points.

(2) On the issue of a new licence to a person, any particulars or penalty points ordered to be endorsed on [F2 the counterpart of] any licence held by him shall be entered on [F2 the counterpart of] the licence unless he has become entitled under subsection (4) below to have a licence issued to him [F2 with its counterpart] free from those particulars or penalty points.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(4) [F4 A person the counterpart of whose licence has been ordered to be endorsed is entitled to have issued to him with effect from the end of the period for which the endorsement remains effective a new licence with a counterpart free from the endorsement if], he applies for a new licence in pursuance of section 97(1) of the M1 Road Traffic Act 1988, surrenders any subsisting licence [F5 and its counterpart], pays the fee prescribed by regulations under Part III of that Act and satisfies the other requirements of section 97(1).

(5) An endorsement ordered on a person’s conviction of an offence remains effective (subject to subsections (6) and (7) below)—

(a) if an order is made for the disqualification of the offender, until four years have elapsed since the conviction, and

(b) if no such order is made, until either—

(i) four years have elapsed since the commission of the offence, or

[F6 (ii) an order is made for the disqualification of the offender under section 35 of this Act]

(6) Where the offence was one under section 1 or 2 of that Act (causing death by [F7 dangerous] driving and [F7 dangerous] driving), the endorsement remains in any case effective until four years have elapsed since the conviction.

(7) Where the offence was one—

[F8 (a) section 3A, 4(1) or 5(1)(a) of that Act (driving offences connected with drink or drugs), or]

(b) under section 7(6) of that Act (failing to provide specimen) involving obligatory disqualification,

the endorsement remains effective until eleven years have elapsed since the conviction.

Textual Amendments

F1 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 11(a)(i)(ii)(iii)

F2 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 11(b)(i)(ii)(iii)

F3 S. 45(3) repealed by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), ss. 7, 16, Sch. 3 para. 25(a), Sch. 6

F4 Words substituted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 11(d)(i)

F5 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 11(d)(ii)

F6 S. 45(5)(b)(ii) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 99(2); S.I. 1992/1286, art. 2,Sch.

F7 Word in s. 45(6) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 99(3); S.I. 1992/1286, art. 2,Sch.

F8 S. 45(7)(a) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 99(4); S.I. 1992/1286, art. 2, Sch.

Modifications etc. (not altering text)

C1 S. 45: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2,Sch.)

C2 S. 45(5) modified (1.7.1992) by S.I. 1992/1286, art. 6(4)

Marginal Citations

M1 1988 c. 52.