Road Traffic Act 1991

29 Disqualification for certain offences. E+W+S

(1) Section 34 of the Road Traffic Offenders Act 1988 (disqualification for certain offences) shall be amended as follows.

(2) For subsection (2) there shall be substituted—

“(2) Where a person is convicted of an offence involving discretionary disqualification, and either—

(a) the penalty points to be taken into account on that occasion number fewer than twelve, or

(b) the offence is not one involving obligatory endorsement,

the court may order him to be disqualified for such period as the court thinks fit.”

(3) In subsection (3) before paragraph (a) there shall be inserted—

“(aa) section 3A (causing death by careless driving when under the influence of drink or drugs),”.

(4) For subsection (4) there shall be substituted—

“(4) Subject to subsection (3) above, subsection (1) above shall apply as if the reference to twelve months were a reference to two years—

(a) in relation to a person convicted of—

(i) manslaughter, or in Scotland culpable homicide, or

(ii) an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving), or

(iii) an offence under section 3A of that Act (causing death by careless driving while under the influence of drink or drugs), and

(b) in relation to a person on whom more than one disqualification for a fixed period of 56 days or more has been imposed within the three years immediately preceding the commission of the offence.

(4A) For the purposes of subsection (4)(b) above there shall be disregarded any disqualification imposed under section 26 of this Act or section 44 of the Powers of Criminal Courts Act 1973 or section 223A or 436A of the Criminal Procedure (Scotland) Act 1975 (offences committed by using vehicles) and any disqualification imposed in respect of an offence of stealing a motor vehicle, an offence under section 12 or 25 of the Theft Act 1968, an offence under section 178 of the Road Traffic Act 1988, or an attempt to commit such an offence.”

Commencement Information

I1 S. 29 wholly in force at 1.7.1992 see s. 84 and S.I. 1992/1286, art. 2, Sch.