Statutory Instruments
Road Traffic
Made
26th April 2013
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. 10) Order 2013.
2. Section 13 of the Road Safety Act 2006 (which relates to high risk offenders and medical enquiries following disqualification) shall come into force on 1st June 2013.
Signed by authority of the Secretary of State
Stephen Hammond
Parliamentary Under Secretary of State
Department for Transport
26th April 2013
(This note is not part of the Order)
This Order brings into force section 13 of the Road Safety Act 2006 on 1st June 2013.
Section 13 amends section 88 of the Road Traffic Act 1988 (the “1988 Act”) which sets out exceptions to the general requirement for anyone wishing to drive a motor vehicle on a road to have an appropriate driving licence. These include the case of a driver who has previously held a driving licence and has made an application for a new licence that meets certain conditions.
The amendments apply to High Risk Offenders, who have been disqualified by court order as a result of serious drink-driving related offences, as prescribed under section 94(4) of the 1998 Act by regulation 74(1) of the Motor Vehicles (Driving Licences) Regulations 1999(2). The amendments prevent a High Risk Offender, who is in the process of applying for a driving licence as a result of, or in anticipation of, the expiry of a driving disqualification, from driving before they have successfully been granted a new licence following a medical examination as required by the Secretary of State (under section 94(5) of the Act). The effect of section 13(2) of the Road Safety Act 2006 is that this only applies where the conviction in respect of which the disqualification was imposed is on or after the section is brought into force.
(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 |
| Section 22(1) and (2) | 4.2.2011 | 2011/19 |
| Section 22(3) (and accordingly Schedule 5) | 4.2.2011 | 2011/19 |
| Section 22(4) | 16.5.2011 | 2011/1119 |
| Section 22(5) | 4.2.2011 | 2011/19 |
| Section 22(6) in so far as it relates to subsection (7) | 4.2.2011 | 2011/19 |
| Section 22(6) in so far as it relates to subsection (8) | 16.5.2011 | 2011/1119 |
| Section 22(7) | 4.2.2011 | 2011/19 |
| Section 22(8) in so far as it relates to paragraph 2(1) to (3) of Schedule 2A to the Road Traffic Offenders Act 1988 | 16.5.11 | 2011/1119 |
| 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 35 for specified purposes in relation to persons convicted of a relevant drink offence | 21.12.2012 | 2012/2938 |
| Section 36 | 27.2.2007 | 2007/237 |
| Section 40 | 27.2.2007 | 2007/237 |
| Section 41 | 24.9.2007 | 2007/2472 |
| Section 42 in so far as it relates to paragraphs 1 and 24 of Schedule 6 (and accordingly paragraph 1 of Schedule 6, in so far as it relates to paragraph 24 of that Schedule, and paragraph 24 of that Schedule) | 21.5.2012 | 2012/1357 |
| 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(3) | 9.2.2009 | 2009/107 |
| Section 49B(4) | 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 paragraph 8 of Schedule 7 (and accordingly paragraph 8 of Schedule 7 to the extent that it relates to specified purposes regarding persons convicted of a relevant drink offence) | 21.12.2012 | 2012/2938 |
| 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 |
S.I. 1999/2864, to which there are amendments not relevant to this Order.
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.