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Road Traffic Offenders Act 1988
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Changes over time for: Section 45
Version Superseded: 08/06/2015
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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 16 November 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 [F1of counterparts].E+W+S
(1)An order that any particulars or penalty points are to be endorsed on [F2the counterpart of] any licence held by the person convicted shall F3... operate as an order that [F2the 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 [F2with 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 [F4the counterpart of] any licence held by him shall be entered on [F4the counterpart of] the licence unless he has become entitled under subsection (4) below to have a licence issued to him [F4with its counterpart] free from those particulars or penalty points.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(4)[F6A 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 [F7and 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
F8 [(ii)an order is made for the disqualification of the offender under section 35 of this Act]
[F9(6)Where the offence was under one of the following sections of the Road Traffic Act 1988, the endorsement remains effective until four years have elapsed since the conviction—
(a)section 1 (causing death by dangerous driving),
(b)section 1A (causing serious injury by dangerous driving),
(c)section 2 (dangerous driving),
(d)section 3ZC (causing death by driving: disqualified drivers), or
(e)section 3ZD (causing serious injury by driving: disqualified drivers).]
(7)Where the offence was one—
[F10(a)[F11 under] section 3A, 4(1) [F12, 5(1)(a) or 5A(1)(a) and (2)] of that Act (driving offences connected with drink or drugs), F13 ... ]
(b)under section 7(6) of that Act (failing to provide specimen) involving obligatory disqualification, [F14or]
[F14(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 in s. 45 heading inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 9(3); S.I. 2008/3164, art. 4(b)
F2Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 11(a)(i)(ii)(iii)
F3Words in s. 45(1) repealed (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 9(2), Sch. 7(3); S.I. 2008/3164, art. 4(b)(c)
F4Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 11(b)(i)(ii)(iii)
F5S. 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
F6Words substituted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 11(d)(i)
F7Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 11(d)(ii)
F8S. 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.
F9S. 45(6) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 6 para. 6 (with s. 29(5)); S.I. 2015/778, art. 3, Sch. 1 para. 75
F10S. 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.
F11Word in s. 45(7)(a) inserted (8.11.2006) by Road Safety Act 2006 (c. 49), ss. 58(3)(b), 61(9)
F12Words in s. 45(7)(a) substituted (7.4.2015) by The Crime and Courts Act 2013 (Consequential Amendments) (No.2) Order 2015 (S.I. 2015/733), arts. 1(3), 2(2) (with art. 1(6))
F13Word in s. 45(7)(a) repealed (24.9.2007) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 7(5); S.I. 2007/2472, art. 2(n)
F14S. 45(7)(c) and word inserted (24.9.2007) by Road Safety Act 2006 (c. 49), ss. 14, 61(1)(10); S.I. 2007/2472, art. 2(a)
Modifications etc. (not altering text)
C1S. 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.)
C2S. 45(5) modified (1.7.1992) by S.I. 1992/1286, art. 6(4)
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