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Road Traffic (New Drivers) Act 1995
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There are currently no known outstanding effects for the Road Traffic (New Drivers) Act 1995, Part II.
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Part IIE+W+S Duty to provide test certificate
3(1)Sub-paragraph (2) applies where—E+W+S
(a)a person to whom this Part of this Schedule applies is prosecuted for an offence involving obligatory endorsement; and
(b)the time at which the offence for which he is prosecuted is alleged to have occurred is a time during his probationary period.
(2)Any obligations imposed on the person under section 7 of the M1Road Traffic Offenders Act 1988 as respects his licence F1... shall also apply as respects his test certificate.
(3)If, in a case where sub-paragraph (2) applies—
(a)the person is convicted in the proceedings in question of an offence involving obligatory endorsement, and
(b)he has not previously caused his test certificate to be delivered or posted it to the [F2proper officer] of the court,
he must produce his test certificate to the court.
[F3(3A) In sub-paragraph (3) “ proper officer ” means—
(a)in relation to a magistrates’ court in England and Wales, the [F4designated officer ] for the court, and
(b)in relation to any other court, the clerk of the court.]
(4)In a case where—
(a)the licence of a person to whom this Part of this Schedule applies has F5... been sent to the [F6appropriate person]under section 54(7) of the M2Road Traffic Offenders Act 1988 or delivered to the [F6appropriate 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 and occurring during his probationary period, and
(c)the person proposes to pay the fixed penalty to the [F7appropriate person],
the person must ensure that when the fixed penalty is paid his test certificate is sent to the [F8appropriate person].
(5)A person who without reasonable excuse fails to comply with sub-paragraph (3) or (4) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Textual Amendments
F1Words in Sch. 1 para. 3(2) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 70(2)(a), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
F2Words in Sch. 1 para. 3(3)(b) substituted (1.4.2001) by 1999 c. 22, s. 90 Sch. 13 para. 173 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)
F3Sch. 1 para. 3(3A) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 173 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)
F4Words in Sch. 1 para. 3(3A) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 365; S.I. 2005/910, art. 3(y)
F5Words in Sch. 1 para. 3(4)(a) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 70(2)(b), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
F6Words in Sch. 1 para. 3(4)(a) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 27(3)(a); S.I. 2008/3164, art. 3(b)
F7Words in Sch. 1 para. 3(4)(b) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 27(3)(b); S.I. 2008/3164, art. 3(b)
F8Words in Sch. 1 para. 3(4) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 27(3)(c); S.I. 2008/3164, art. 3(b)
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