PART 29ROAD TRAFFIC PENALTIES
Contents of this Part | |
|---|---|
Representations about obligatory disqualification or endorsement | rule 29.1 |
Application to remove a disqualification from driving | rule 29.2 |
Information to be supplied on order for endorsement of driving record, etc. | rule 29.3 |
Statutory declaration to avoid fine after fixed penalty notice | rule 29.4 |
Application for declaration about a course or programme certificate decision | rule 29.5 |
Appeal against recognition of foreign driving disqualification | rule 29.6 |
[Note. Part 24 contains rules about the general procedure on sentencing in a magistrates’ court. Part 25 contains corresponding rules for the Crown Court.]
Representations about obligatory disqualification or endorsement29.1
1
This rule applies—
a
where the court—
i
convicts the defendant of an offence involving obligatory disqualification from driving and section 34(1) of the Road Traffic Offenders Act 1988674 (Disqualification for certain offences) applies,
ii
convicts the defendant of an offence where section 35 of the 1988 Act675 (Disqualification for repeated offences) applies, or
iii
convicts the defendant of an offence involving obligatory endorsement of the defendant’s driving record and section 44 of the 1988 Act676 (Orders for endorsement) applies;
b
unless the defendant is absent.
2
The court must explain, in terms the defendant can understand (with help, if necessary)—
a
where paragraph (1)(a)(i) applies (obligatory disqualification under section 34)—
i
that the court must order the defendant to be disqualified from driving for a minimum of 12 months (or 2 or 3 years, as the case may be, according to the offence and the defendant’s driving record), unless the court decides that there are special reasons to order disqualification for a shorter period, or not to order disqualification at all, and
ii
if applicable, that the period of disqualification will be reduced by at least 3 months if, by no later than 2 months before the end of the reduced period, the defendant completes an approved driving course;
b
where paragraph (1)(a)(ii) applies (disqualification under section 35)—
i
that the court must order the defendant to be disqualified from driving for a minimum of 6 months (or 1 or 2 years, as the case may be, according to the defendant’s driving record), unless, having regard to all the circumstances, the court decides to order disqualification for a shorter period, or not to order disqualification at all, and
ii
that circumstances of which the court cannot take account in making its decision are any that make the offence not a serious one; hardship (other than exceptional hardship); and any that during the last 3 years already have been taken into account by a court when ordering disqualification for less than the usual minimum period, or not at all, for repeated driving offences;
c
where paragraph (1)(a)(iii) applies (obligatory endorsement), that the court must order the endorsement of the defendant’s driving record unless the court decides that there are special reasons not to do so; and
d
in every case, as applicable—
i
that the court already has received representations from the defendant about whether any such special reasons or mitigating circumstances apply and will take account of them, or
ii
that the defendant may make such representations now, on oath or affirmation.
3
Unless the court already has received such representations from the defendant, before it applies rule 24.11 (magistrates’ court procedure if the court convicts) or rule 25.16 (Crown Court procedure if the court convicts), as the case may be, the court must—
a
ask whether the defendant wants to make any such representations; and
b
if the answer to that question is ‘yes’, require the defendant to take an oath or affirm and make them.
[Note. For the circumstances in which the court—
a
may, and in some cases must, order disqualification from driving under the Road Traffic Offenders Act 1988, see sections 26, 34, 35 and 36 of that Act677;
b
may, for some reasons or in some circumstances, abbreviate or dispense with a period of disqualification otherwise required by the 1988 Act, see sections 34(1) and 35(1), (4) of that Act;
c
must usually order endorsement, see sections 9, 44 and 96 of, and Schedule 2 to, the 1988 Act.
For the circumstances in which the period of a disqualification from driving must or may be extended where the court also imposes a custodial sentence, see sections 35A and 35B of the 1988 Act678.
For the circumstances in which the period of a disqualification from driving will be reduced if the defendant completes an approved driving course, see section 34A of the 1988 Act679.]
Application to remove a disqualification from driving29.2
1
This rule applies where, on application by the defendant, the court can remove a disqualification from driving.
2
A defendant who wants the court to exercise that power must—
a
apply in writing, no earlier than the date on which the court can exercise the power;
b
serve the application on the court officer; and
c
in the application—
i
specify the disqualification, and
ii
explain why the defendant wants the court to remove it.
3
The court officer must serve a copy of the application on the chief officer of police for the local justice area.
[Note. For the circumstances in which the court may remove a disqualification from driving imposed under section 34 or 35 of the Road Traffic Offenders Act 1988, see section 42 of the Act680. The court may not consider an application made within 2 years of the disqualification, in any case; or, after that, before a specified period has expired.]
Information to be supplied on order for endorsement of driving record, etc.29.3
1
This rule applies where the court—
a
convicts the defendant of an offence involving obligatory endorsement, and orders there to be endorsed on the defendant’s driving record (and on any counterpart licence, if other legislation requires)—
i
particulars of the conviction,
ii
particulars of any disqualification from driving that the court imposes, and
iii
the penalty points to be attributed to the offence;
b
disqualifies the defendant from driving for any other offence; or
c
suspends or removes a disqualification from driving.
2
The court officer must, as soon as practicable, serve on the Secretary of State notice that includes details of—
a
where paragraph (1)(a) applies—
i
the local justice area in which the court is acting,
ii
the dates of conviction and sentence,
iii
the offence, and the date on which it was committed,
iv
the sentence, and
v
the date of birth, and sex, of the defendant, where those details are available;
b
where paragraph (1)(b) applies—
i
the date and period of the disqualification, and
ii
the power exercised by the court; and
c
where paragraph (1)(c) applies—
i
the date and period of the disqualification,
ii
the date and terms of the order for its suspension or removal,
iii
the power exercised by the court, and
iv
where the court suspends the disqualification pending appeal, the court to which the defendant has appealed.
[Note. See sections 39(3), 42(5), 44A, 47 and 97A of the Road Traffic Offenders Act 1988681.
Under section 25 of the 1988 Act682, the court may order a defendant to disclose his or her date of birth, and sex, where that is not apparent (for example, where the defendant is convicted in his or her absence). Under section 27 of the 1988 Act683, and under sections 146(4) and 147(5) of the Powers of Criminal Courts (Sentencing) Act 2000684, the court may order a defendant to produce his or her driving licence, if not already produced.
For the circumstances in which the court—
a
must usually order endorsement, see sections 9, 44 and 96 of, and Schedule 2 to, the 1988 Act;
b
may, and in some cases must, order disqualification from driving under the 1988 Act, see sections 26, 34, 35 and 36 of that Act;
c
may order disqualification from driving under the 2000 Act, see sections 146 and 147 of that Act685;
d
may suspend a disqualification from driving pending appeal, see sections 39 and 40 of the 1988 Act686 (Part 34 (Appeal to the Crown Court) and Part 35 (Appeal to the High Court by case stated) contain relevant rules);
e
may remove a disqualification from driving imposed under section 34 or 35 of the 1988 Act, see section 42 of that Act (rule 29.2 applies).]
Statutory declaration to avoid fine after fixed penalty notice29.4
1
This rule applies where—
a
a chief officer of police, or the Secretary of State, serves on the magistrates’ court officer a certificate registering, for enforcement as a fine, a sum payable by a defendant after failure to comply with a fixed penalty notice;
b
the court officer notifies the defendant of the registration; and
c
the defendant makes a statutory declaration with the effect that there become void—
i
the fixed penalty notice, or any associated notice sent to the defendant as owner of the vehicle concerned, and
ii
the registration and any enforcement proceedings.
2
The defendant must serve that statutory declaration not more than 21 days after service of notice of the registration, unless the court extends that time limit.
3
The court officer must—
a
serve a copy of the statutory declaration on the person by whom the certificate was registered;
b
cancel any endorsement on the defendant’s driving record (and on any counterpart licence, if other legislation requires); and
c
notify the Secretary of State of any such cancellation.
4
A court officer may take the statutory declaration to which this rule refers if that officer—
a
is a justices’ legal adviser; or
b
is nominated for the purpose by such a legal adviser.
[Note. See sections 72(1), (6), (6A), 73(1) and 74(2) of the Road Traffic Offenders Act 1988687.
For the circumstances in which—
a
a sum may be registered for enforcement as a fine after failure to comply with a fixed penalty notice, see sections 54, 55, 62, 63, 64, 70 and 71 of the 1988 Act688;
b
the registration may become void on the making of a statutory declaration by the defendant, see sections 72 and 73 of the 1988 Act689.
Section 2 of the Commissioners for Oaths Act 1889690 allows rules that regulate the procedure of a court to authorise the taking of a statutory declaration by an officer of that court.]
Application for declaration about a course or programme certificate decision29.5
1
This rule applies where the court can declare unjustified—
a
a course provider’s failure or refusal to give a certificate of the defendant’s satisfactory completion of an approved course; or
b
a programme provider’s giving of a certificate of the defendant’s failure fully to participate in an approved programme.
2
A defendant who wants the court to exercise that power must—
a
apply in writing, not more than 20 business days after—
i
the date by which the defendant was required to complete the course, or
ii
the giving of the certificate of failure fully to participate in the programme;
b
serve the application on the court officer; and
c
in the application, specify the course or programme and explain (as applicable)—
i
that the course provider has failed to give a certificate,
ii
where the course provider has refused to give a certificate, why the defendant disagrees with the reasons for that decision, or
iii
where the programme provider has given a certificate, why the defendant disagrees with the reasons for that decision.
3
The court officer must serve a copy of the application on the course or programme provider.
4
The court must not determine the application unless the defendant, and the course or programme provider, each has had an opportunity to make representations at a hearing (whether or not either in fact attends).
[Note. For the circumstances in which the court may reduce a road traffic penalty on condition that the defendant attend an approved course, or take part in an approved programme, see sections 30A, 34A and 34D of the Road Traffic Offenders Act 1988691.
Under sections 30B, 34B and 34E of the 1988 Act692, the court that made the order, or the defendant’s local magistrates’ court, on application by the defendant may review a course or programme provider’s decision that the defendant has not completed the course satisfactorily, or has not participated fully in the programme.]
Appeal against recognition of foreign driving disqualification29.6
1
This rule applies where—
a
a Minister gives a disqualification notice under section 57 of the Crime (International Co-operation) Act 2003693; and
b
the person to whom it is given wants to appeal under section 59 of the Act694 to a magistrates’ court.
2
That person (‘the appellant’) must serve an appeal notice on—
a
the court officer, at a magistrates’ court in the local justice area in which the appellant lives; and
b
the Minister, at the address given in the disqualification notice.
3
The appellant must serve the appeal notice within the period for which section 59 of the 2003 Act provides.
4
The appeal notice must—
a
attach a copy of the disqualification notice;
b
explain which of the conditions in section 56 of the 2003 Act695 is not met, and why section 57 of the Act therefore does not apply; and
c
include any application to suspend the disqualification, under section 60 of the Act696.
5
The Minister may serve a respondent’s notice, and must do so if—
a
the Minister wants to make representations to the court; or
b
the court so directs.
6
The Minister must—
a
unless the court otherwise directs, serve any such respondent’s notice not more than 10 business days after—
i
the appellant serves the appeal notice, or
ii
a direction to do so; and
b
in any such respondent’s notice—
i
identify the grounds of opposition on which the Minister relies,
ii
summarise any relevant facts not already included in the disqualification and appeal notices, and
iii
identify any other document that the Minister thinks the court will need to decide the appeal (and serve any such document with the notice).
7
Where the court determines an appeal, the general rule is that it must do so at a hearing (which must be in public, unless the court otherwise directs).
8
The court officer must serve on the Minister—
a
notice of the outcome of the appeal;
b
notice of any suspension of the disqualification; and
c
the appellant’s driving licence, if surrendered to the court officer.
[Note. Section 56 of the Crime (International Co-operation) Act 2003 sets out the conditions for recognition in the United Kingdom of a foreign driving disqualification, and provides that section 57 of the Act applies where they are met. Under section 57, the appropriate Minister may, and in some cases must, give the person concerned notice that he or she is disqualified in the UK, too, and for what period.
Under section 59 of the 2003 Act, that person may appeal to a magistrates’ court. If the court is satisfied that section 57 of the Act does not apply in that person’s case, the court must allow the appeal and notify the Minister. Otherwise, it must dismiss the appeal.
The time limit for appeal under section 59 of the 2003 Act is the end of the period of 21 days beginning with the day on which the Minister gives the notice under section 57. That period may be neither extended nor shortened.
Under section 60 of the 2003 Act, the court may suspend the disqualification, on such terms as it thinks fit.
Under section 63 of the 2003 Act697, it is an offence for a person to whom the Minister gives a notice under section 57 not to surrender any licence that he or she holds, within the same period as for an appeal.]