Statutory Instruments
Road Traffic
Made
10th January 2011
The Secretary of State for Transport makes the following Order in exercise of the powers conferred by section 61 of the Road Safety Act 2006(1).
1. This Order may be cited as the Road Safety Act 2006 (Commencement No. 6) Order 2011.
2. The following provisions of the Road Safety Act 2006 shall come into force on 4th February 2011—
(a)section 22(1) and (2);
(b)section 22(3) and accordingly Schedule 5;
(c)section 22(5);
(d)section 22(6) to the extent to which it relates to subsection (7); and
(e)section 22(7).
Signed by authority of the Secretary of State
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
10th January 2011
(This note is not part of the Order)
This Order brings into force on 4th February 2011 section 22(1) to (3), (5) and (7) of the Road Safety Act 2006 (“the 2006 Act”) (article 2). Subsection (6) of section 22 is also commenced to the extent to which it relates to subsection (7).
Section 22 relates to the new offence of keeping a vehicle which does not meet the insurance requirements and inserts new provisions in the Road Traffic Act 1988 (c.52) (“RTA”) and amends the Road Traffic Offenders Act 1988 (c.53) (“RTOA”).
Section 22(1) inserts sections 144A, 144B, 144C and 144D into the RTA to provide for the offence and exceptions to it, the giving of fixed penalty notices and its enforcement by the immobilisation, removal and disposal of vehicles.
Section 22(2) inserts section 159A into the RTA which makes provision for the Secretary of State to require the Motor Insurers’ Information Centre to disclose information for the purpose of enforcing offences under Part VI of the RTA and regulations under section 160 of that Act, including that of keeping a vehicle which does not meet the insurance requirements.
Section 22(3) inserts Schedule 2A into the RTA which provides for the making of regulations regarding enforcement of the offence by means of the immobilisation, removal and disposal of vehicles.
Section 22(5) to (7) amends the RTOA to provide the penalty for the offence of keeping a vehicle which does not meet the insurance requirements and to apply provisions of that Act regarding time limits for commencing proceedings for the offence and the admissibility of certificates and statements as evidence in those proceedings.
(This note is not part of the Order)
The following provisions of the Road Safety Act 2006 have been brought into force by commencement order made before the date of this Order:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 3 | 5.1.2009 | 2008/3164 |
| Section 4 | 31.3.2009 | 2008/3164 |
| Section 5 (and accordingly Schedule 1) | 31.3.2009 | 2008/3164 |
| Sections 6 and 7 | 31.3.2009 | 2008/3164 |
| Section 8 | 1.4.2009 | 2008/3164 |
| Section 9 (and accordingly Schedule 2) | 1.4.2009 | 2008/3164 |
| Section 11 (and accordingly Schedule 4) | 5.1.2009 | 2008/3164 |
| Section 12 | 5.1.2009 | 2008/3164 |
| Section 14 | 24.9.2007 | 2007/2472 |
| Sections 20 and 21 | 18.8.2008 | 2008/1918 |
| Sections 23 to 25 | 24.9.2007 | 2007/2472 |
| Section 26 | 27.2.2007 | 2007/237 |
| Sections 27 to 29 | 24.9.2007 | 2007/2472 |
| Section 30 in so far as section 3ZA of the Road Traffic Act 1988 has effect for the purposes of sections 3 and 3A of that Act | 24.9.2007 | 2007/2472 |
| Section 30, to the extent not already commenced | 18.8.2008 | 2008/1918 |
| Sections 31 to 33 | 24.9.2007 | 2007/2472 |
| Section 36 | 27.2.2007 | 2007/237 |
| Section 40 | 27.2.2007 | 2007/237 |
| Section 41 | 24.9.2007 | 2007/2472 |
| Section 43 | 24.9.2007 | 2007/2472 |
| Section 44 as to England and Wales | 16.3.2007 | 2007/466 |
| Section 45 as to England and Wales | 30.7.2008 | 2008/1862 |
| Section 46 | 31.7.2008 | 2008/1864 |
| Section 49A(2) | 9.2.2009 | 2009/107 |
| Section 49B(3) | 9.2.2009 | 2009/107 |
| Section 50 | 27.2.2007 | 2007/237 |
| Section 52 as to England and Wales | 16.3.2007 | 2007/466 |
| Sections 53 as to England and Wales | 28.1.2008 | 2007/3492 |
| Section 54 as to England and Wales | 31.3.2008 | 2007/3492 |
| Section 55 as to England and Wales | 28.1.2008 | 2007/3492 |
| Section 59 in so far as it relates to paragraph 1 of Schedule 7 (and accordingly paragraph 1 of Schedule 7) | 5.1.2009 | 2008/3164 |
| Section 59 in so far as it relates to paragraph 2 of Schedule 7 (and accordingly paragraph 2 of Schedule 7) | 31.3.2009 | 2008/3164 |
| Section 59 in so far as it relates to paragraph 3 of Schedule 7 (and accordingly paragraph 3 of Schedule 7) | 1.4.2009 | 2008/3164 |
| Section 59 in so far as it relates to paragraphs 5 and 13 of Schedule 7 (and accordingly paragraphs 5 and 13 of Schedule 7) | 24.9.2007 | 2007/2472 |
| Section 59 in so far as it relates to paragraphs 9, 12 and 16 of Schedule 7, (and accordingly paragraphs 9, 12 and 16 of Schedule 7) | 27.2.2007 | 2007/237 |
Section 49A was inserted by section 129 of the Local Transport Act 2008 (c.26).
Section 49B was inserted by section 130 of the Local Transport Act 2008.