Road Traffic Offenders Act 1988

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Point in time view as at 09/02/2009. This version of this provision has been superseded.

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Road Traffic Offenders Act 1988, Section 45 is up to date with all changes known to be in force on or before 22 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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45 Effect of endorsement.E+W+S

(1)An order that any particulars or penalty points are to be endorsed on [F1the 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 [F1the 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 [F1with 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 [F2the counterpart of] any licence held by him shall be entered on [F2the counterpart of] the licence unless he has become entitled under subsection (4) below to have a licence issued to him [F2with its counterpart] free from those particulars or penalty points.

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

(4)[F4A 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 M1Road Traffic Act 1988, surrenders any subsisting licence [F5and 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 [F7the Road Traffic Act 1988] (causing death by [F8dangerous] driving and [F8dangerous] driving), the endorsement remains in any case effective until four years have elapsed since the conviction.

(7)Where the offence was one—

F9 [( a )[F10 under ] section 3A, 4(1) or 5(1)(a) of that Act (driving offences connected with drink or drugs), F11 ... ]

(b)under section 7(6) of that Act (failing to provide specimen) involving obligatory disqualification, [F12or]

[F12(c)under section 7A(6) of that Act (failing to allow a specimen to be subjected to laboratory test),]

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

Textual Amendments

F1Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 11(a)(i)(ii)(iii)

F2Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 11(b)(i)(ii)(iii)

F3S. 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

F4Words substituted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 11(d)(i)

F5Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 11(d)(ii)

F6S. 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.