Road Traffic (New Drivers) Act 1995

2 Surrender of licences. E+W+S

(1) Subsection (2) applies where—

(a) a person is the holder of a licence;

(b) he is convicted of an offence involving obligatory endorsement;

(c) the penalty points to be taken into account under section 29 of the M1 Road Traffic Offenders Act 1988 on that occasion number six or more;

(d) the court makes an order falling within section 44(1)(b) of that Act in respect of the offence;

(e) the person’s licence shows the date on which he became a qualified driver, or that date has been shown by other evidence in the proceedings; and

(f) it appears to the court, in the light of the order and the date so shown, that the offence was committed during the person’s probationary period.

(2) Where this subsection applies, the court must send to the Secretary of State—

(a) a notice containing the particulars required to be endorsed on the counterpart of the person’s licence in accordance with the order referred to in subsection (1)(d); and

(b) on their production to the court, the person’s licence and its counterpart.

(3) Subsection (4) applies where—

(a) a person’s licence and its counterpart have been sent to the fixed penalty clerk under section 54(7) of the M2 Road Traffic Offenders Act 1988[F1 , retained by a vehicle examiner under that section] or delivered to the [F2 appropriate person in ] response to a conditional offer issued under section 75 of that Act;

(b) the offence to which the fixed penalty notice or the conditional offer relates is one involving obligatory endorsement;

(c) the [F3 appropriate person] endorses the number of penalty points to be attributed to the offence on the counterpart of the licence;

(d) the penalty points to be taken into account by the [F3 appropriate person] in respect of the offence number six or more;

(e) the licence shows the date on which the person became a qualified driver; and

(f) it appears to the [F3 appropriate person], in the light of the particulars of the offence endorsed on the counterpart of the licence and the date so shown, that the offence was committed during the person’s probationary period.

(4) Where this subsection applies F4 ...—

(a) [F5 the appropriate person] may not return the licence and its counterpart under section 57(3) or (4) or 77(1) of the M3 Road Traffic Offenders Act 1988; but

(b) [F6 unless the appropriate person is the Secretary of State, he] must send them to the Secretary of State.

(5) For the purposes of subsection (3)(d) the penalty points to be taken into account F7 ... in respect of the offence are the penalty points which would have been taken into account under section 29 of the M4 Road Traffic Offenders Act 1988 if—

(a) the person in question had been convicted of the offence; and

(b) the number of penalty points to be attributed to the offence on that occasion had been determined in accordance with section 28(3) of that Act.

[F8 (6) In this section and section 3 “licence” includes a Northern Ireland licence.]

[F9 (7) In this section and section 3—

• “ the appropriate person ”, in relation to a fixed penalty notice, means—

  (a)

  if it was given by a constable or an authorised person, the fixed penalty clerk, and

  (b)

  if it was given by a vehicle examiner or the Secretary of State, the Secretary of State, and

• “ the appropriate person ”, in relation to a conditional offer, means—

  (a)

  where the conditional offer was issued under subsection (1), (2) or (3) of section 75 of the Road Traffic Offenders Act 1988, the fixed penalty clerk, and

  (b)

  where it was issued under subsection (1A) or (3B) of that section, the Secretary of State.]

Textual Amendments

F1 Words in s. 2(3)(a) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 25(2)(a)(i); S.I. 2008/3164, art. 3(b)

F2 Words in s. 2(3)(a) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 25(2)(a)(ii); S.I. 2008/3164, art. 3(b)

F3 Words in s. 2(3)(c)(d)(f) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 25(2)(b); S.I. 2008/3164, art. 3(b); S.I. 2008/3164, art. 3(b); S.I. 2008/3164, art. 3(b)

F4 Words in s. 2(4) repealed (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 25(3)(a), Sch. 7(2); S.I. 2008/3164, art. 3(b)

F5 Words in s. 2(4)(a) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 25(3)(b); S.I. 2008/3164, art. 3(b)

F6 Words in s. 2(4)(b) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 25(3)(c); S.I. 2008/3164, art. 3(b)

F7 Words in s. 2(5) repealed (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 25(4), Sch. 7(2); S.I. 2008/3164, art. 3(b)

F8 S. 2(6) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 46; S.I. 2004/2624, art. 2(1)(2)(b)

F9 S. 2(7) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 25(5); S.I. 2008/3164, art. 3(b)

Marginal Citations

M1 1988 c. 53.

M2 1988 c. 53.

M3 1988 c. 53.

M4 1988 c. 53.