The Armed Forces (Driving Disqualification Orders) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 15 of the Armed Forces Act 2021 (c. 35) amended the Armed Forces Act 2006 (c. 52) so as to extend the punishments available to the Court Martial and Service Civilian Court (“the service courts”) to enable those courts to disqualify an offender from driving. Pursuant to section 177M of the Armed Forces Act 2006 as amended, these Regulations make provision equivalent to sections 37, 39, 40, 42, 43, 47, and 48 of the Road Traffic Offenders Act 1988 (c. 53) (“RTOA 1988”). These Regulations also make consequential amendments to the rules of court for each of the service courts, in order to enable them to implement the substantive Regulations.

Part 1 of these Regulations sets out substantive provisions equivalent to the relevant provisions of RTOA 1988.

Regulation 5 makes provision equivalent to section 37 RTOA 1988: it sets out the effect of a driving disqualification order.

Regulations 6 and 7 allow for a driving disqualification order to be suspended pending appeal. They make provision equivalent to sections 39 and 40 RTOA 1988.

Regulation 8 provides that a driving disqualification order may be removed on the application of the person subject to the order. It is equivalent to section 42 RTOA 1988.

Regulation 9 is equivalent to section 43 RTOA 1988 and sets out the rules for calculating when the period of disqualification comes to an end.

Regulation 10 makes provision equivalent to section 47 RTOA 1988. It provides for the service courts to send the offender’s driving licence to the Secretary of State, if the offender is disqualified for more than 56 days. It also requires the service courts to notify the Secretary of State if an appeal against disqualification is allowed.

Regulation 11 is equivalent to section 48 RTOA 1988. It states that driving disqualification orders may not be imposed in relation to two offences under the Road Traffic Act 1988 (“using a vehicle in dangerous condition” and “breach of requirements as to brakes, steering-gear or tyres”) where the offender lacks the required degree of knowledge in relation to the relevant offence.

Part 2 makes provision for amendment of the rules of court for each of the service courts, in connection with driving disqualification orders. Chapter 1 deals with amendments to the Armed Forces (Service Civilian Court) Rules 2009 (the “Service Civilian Court rules”). Chapter 2 makes equivalent amendments to the Armed Forces (Court Martial) Rules 2009 (the “Court Martial rules”).

Regulation 13 amends rule 19 of the Service Civilian Court rules (proceedings in absence of defendant). New rule 19(3) provides that the Service Civilian Court may not impose a driving disqualification order in the absence of the offender unless the court is satisfied that the offender was informed prior to the hearing that disqualification was contemplated.

Regulation 14 amends Part 15 of the Service Civilian Court rules. Part 15 deals with ancillary proceedings, and regulation 14 adds a new Chapter 3, dealing with driving disqualification orders.

New rule 108A sets out the procedures that apply in relation to an application, under regulation 8 of these Regulations, for removal of a driving disqualification order.

New rule 108B makes provision as to the notification that the court administration officer must give to the Secretary of State in the event of disqualification, suspension of disqualification, or removal of disqualification.

Chapter 2 and regulations 15 to 17 make amendments to the Court Martial rules equivalent to the amendments to the Service Civilian Court rules made by regulations 12 to 14.

A full impact assessment has not been provided for these Regulations as no, or no significant, impact on the private, voluntary or public sector is foreseen.