Road Safety Act 2006 (c. 49)

(The document as of February, 2008)

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(a) certificates or other items that may be issued to registered persons to be displayed as evidence of their registration, and

(b) a title or other description which may be used as such evidence.

(2) If at any time a person who is not registered--

(a) displays a certificate or other item prescribed under subsection (1)(a) above,

(b) uses a title or other description prescribed under subsection (1)(b) above, or

he is guilty of a offence unless he proves that he did not know, and did not have reasonable cause to believe, that he was not registered at that time.

(3) If a person carrying on business in the provision of driving instruction at any time--

(a) uses a title or other description prescribed under subsection (1)(b) above in relation to any relevant person who is not appropriately registered, or

(b) issues any advertisement or invitation calculated to mislead with respect to the extent to which relevant persons are appropriately registered,

he is guilty of an offence unless he proves that he did not know, and did not have reasonable cause to believe, that the relevant person was, or relevant persons were, not appropriately registered at that time.

(4) For the purposes of subsection (3) above--

(a) a relevant person is a person who is employed by the person carrying on business to give driving instruction, or is a franchisee giving driving instruction under a driving instruction franchise under which that person is the franchisor, and

(b) a relevant person is appropriately registered if he is registered in respect of the giving of the description of driving instruction which he is employed to give or which is given by him under the driving instruction franchise. "

21 In section 136 (surrender of certificates)--

(a) for paragraphs (a) and (b) substitute "the registration of a person to whom a certificate or other item prescribed under section 135(1)(a) of this Act has been issued is terminated,",

(b) for "licence, as the case may be," substitute "other item", and

22 (1) Section 137 (production of certificates to constables and authorised persons) is amended as follows.

(2) In subsection (1)--

(a) after "a certificate" insert "or other item",

(b) omit ", or to whom a licence under this Part of this Act is granted,", and

(3) In subsection (2), for the words before "constable" substitute

" Where--

(a) a person's registration is terminated, and

(b) he fails to satisfy an obligation imposed on him by section 136 of this Act,

a " .

(4) In that subsection, for "issued to him or the licence" substitute "or other item issued to him".

(5) In subsection (3), for "document" substitute "certificate or other item".

(6) In subsection (4), for "document", in each place, substitute "certificate or other item".

(7) In the heading for "and licences" substitute "etc.".

23 (1) Section 140 (receipts) is to be renumbered as subsection (3) of that section.

(2) Before that subsection insert--

" (1) Regulations may make provision for the payment of such fees (if any) as may be prescribed in connection with registration or extension of registration.

(2) Regulations may make provision for the repayment (in whole or in part) of any fee payable by virtue of any provision of this Part of this Act in such circumstances as may be prescribed. "

(3) For the heading substitute "Fees".

24 (1) Section 141 (regulations) is to be renumbered as subsection (1) of that section.

(2) In that subsection, after "by regulations" insert "and for prescribing anything which may be prescribed under this Part of this Act".

(3) After that subsection insert--

" (2) Regulations under this section--

(a) may be expressed to apply generally or only in particular circumstances,

(b) may make different provision in relation to different cases or other circumstances or otherwise for different purposes, and

25 For section 141A (meaning of "motor car") substitute--

" 141A Interpretation of Part 5

(1) For the purposes of this Part of this Act persons may carry on business in the provision of driving instruction in any way, including in particular--

(a) by giving instruction themselves,

(b) by arranging for the giving of driving instruction by their employees, or

(c) by arranging for the giving of driving instruction by persons who are franchisees under driving instruction franchises under which they are the franchisor.

(2) In this Part of this Act "driving instruction franchise" means an agreement under which one party (the "franchisor") grants to another party (a "franchisee") rights consisting of or including the right to use a particular trading name, style or design in the carrying on of business in the giving of driving instruction.

(3) In this Part of this Act references to "the franchisor" and "a franchisee", in relation to a driving instruction franchise, shall be construed accordingly.

(4) In this Part of this Act "current", in relation to a licence or certificate, means one which has not expired and has not been cancelled, revoked or suspended.

(5) In this Part of this Act--

(a) "Community licence" and "counterpart", in relation to a Community licence, and

(b) "provisional licence",

have the same meanings as in Part 3 of this Act. "

26 For section 142 substitute--

" 142 Index to Part 5

The expressions listed in the left-hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Part of this Act listed in the right-hand column in relation to those expressions.

Expression	Relevant provision
Appropriate motor vehicle	Section 125A(8)
Carry on business in the provision of driving instruction	Section 141A(1)
Community licence and counterpart	Section 141A(5)
Current (in relation to a licence or certificate)	Section 141A(4)
Disability, prospective disability and relevant disability	Section 125A(8)
Disabled person's limited driving licence	Section 125A(8)
Driving instruction	Section 123(3)
Driving instruction franchise (and franchisor and franchisee)	Section 141A(2) and (3)
Emergency control assessment and emergency control certificate	Section 125A(8)
Modifications, in relation to a motor vehicle	Section 125A(8)
Paid instruction	Section 123(5) and (6)
Provisional licence	Section 141A(5)
Registered and registration	Section 123(7)
The register	Section 123(8)
Registered disabled instructor	Section 125A(8)
The Registrar	Section 125(2)
Regulations	Section 141
Relevant instructor examination	Section 133(2) "

27 In section 173(2) (forgery of documents etc.), for paragraph (g) substitute--

" (g) any document evidencing the passing of an examination (or part of an examination) required by regulations under section 132 of this Act or the successful completion of training provided in accordance with regulations under section 133ZA of this Act,

(ga) any certificate under section 133A of this Act,

(gb) any certificate or other item prescribed under section 135(1)(a) of this Act, " .

28 In section 174(1) (false statements), after paragraph (d) insert--

" (da) of obtaining a document evidencing the passing of an examination (or part of an examination) required by regulations under section 132 of this Act or the successful completion of training provided in accordance with regulations under section 133ZA of this Act, or " .

29 In section 183 (application to Crown), after subsection (6) insert--

" (6A) The Secretary of State may by regulations provide that Part 5 of this Act is to apply in relation to persons in the public service of the Crown but subject to any prescribed omissions, additions or other modifications. "

30 In section 195(2) (duty to consult before making regulations under any provision other than section 8(3) and Part 5), omit "or Part 5".

Road Traffic Offenders Act 1988 (c. 53)

31 The Road Traffic Offenders Act 1988 is amended as follows.

32 (1) Section 18 (evidence by certificate as to registration of driving instructors and licences to give instruction) is amended as follows.

(2) In subsection (1), for paragraphs (a) to (d) substitute--

" (a) a person was, or was not, registered,

(b) a person became registered or a person's registration was terminated, or

(c) a person was, or was not, exempt from the prohibitions imposed by section 123 of the Road Traffic Act 1988 (requirement of registration) by virtue of provision made by regulations under section 124 of that Act, " .

(3) In subsection (3), for the words from ""current" to ""register"" substitute ""Registrar", "registered" and "registration"".

(4) In the heading, for "of driving instructors and licences to give instruction" substitute "etc. of driving instructors etc.".

33 (1) Part 1 of Schedule 2 (prosecution and punishment of offences: offences under the Traffic Acts) is amended as follows.

(2) In the entry relating to section 123(4) of the Road Traffic Act 1988 (c. 52)--

(a) in column 1, for "123(4)" substitute "123A(1) and (2)", and

(b) in column 2, for "by unregistered and unlicensed persons or their employers" substitute ", and carrying on of business in provision of driving instruction, by unregistered persons".

(3) In the entry relating to section 123(6) of that Act--

(a) in column 1, for "123(6)" substitute "123A(4)", and

(b) in column 2, for "without there being exhibited on the motor car a certificate of registration or a licence under RTA Part 5" substitute ", and carrying on of business in provision of driving instruction, without prescribed requirements relating to displaying of evidence of registration under RTA Part 5 being complied with".

(4) In the entry relating to section 133C(4) of that Act, in column 2, omit "or licensed".

(5) In the entry relating to section 133D of that Act, in column 2, omit "or their employers".

(6) In the entry relating to section 135 of that Act, for the words in column 2 substitute "Misuse of evidence of registration etc.".

(7) In the entries relating to sections 136 and 137 of that Act, in column 2, for "or licence" substitute "etc.".

Section 59

SCHEDULE 7 Repeals and revocations

(1) Graduated fixed penalties

Short title and chapter	Extent of repeal
Domestic Violence, Crime and Victims Act 2004 (c. 28)	Section 16(2).

(2) Giving of fixed penalty notices by vehicle examiners

Short title and chapter	Extent of repeal
Road Traffic Offenders Act 1988 (c. 53)	In section 54(5), the words "he surrenders". In section 61(2), the words "fixed penalty clerk must not endorse the". In section 66(8), the word "and" after the definition of "hiring agreement". In section 73, in subsection (5), the words "by or on behalf of the chief officer of police" and the word "such" and, in subsection (7), the words "by or on behalf of the chief officer of police". In section 79(1), the words "constable or authorised". In section 89(1), the word "and" before the definition of "proceedings".
Road Traffic (New Drivers) Act 1995 (c. 13)	In section 2, in subsection (4), the words ", the fixed penalty clerk" and, in subsection (5), the words "by the fixed penalty clerk".
Police Reform Act 2002 (c. 30)	Section 76(4).
Railways and Transport Safety Act 2003 (c. 20)	Section 69(3). Section 109.
Crime (International Co-operation) Act 2003 (c. 32)	In Schedule 5, paragraphs 47(b), 55(b) and 57(b).
Courts Act 2003 (c. 39)	In Schedule 8, paragraphs 314 and 321.

(3) Endorsement: unlicensed and foreign drivers

Short title or title and reference	Extent of repeal or revocation
Road Traffic Offenders Act 1988 (c. 53)	In the heading of section 31, the words "on licence". In section 45(1), the words ", whether he is at the time the holder of a licence or not,". In section 70(4), the word "and" at the end of paragraph (a).
Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22)	In Schedule 3, paragraph 2(bb).
The Driving Licences (Community Driving Licence) Regulations 1990 (S.I. 1990/144)	In Schedule 2, paragraphs 6 and 9. In Schedule 3, paragraph 3(2)(b).
Road Traffic Act 1991 (c. 40)	In Schedule 4, paragraph 93.

(4) Endorsement: all drivers

Short title or title and reference

Extent of repeal or revocation

Public Passenger Vehicles Act 1981 (c. 14)

Section 24(3).

Road Traffic Act 1988 (c. 52)

In section 88(6), the words ", counterparts of licences".

In section 92(7ZB)(a) and (7C), the words "and its counterpart".

In section 93--

(a)

in subsections (2)(b) and (3), the words "and its counterpart", and

(b)

in subsection (4)(a), the words "or its counterpart".

In section 97--

(a)

in sub-paragraph (i) of paragraph (c) of subsection (1), the words "and its counterpart",

(b)

in sub-paragraph (ia) of that paragraph, the words from "together" to the end,

(c)

in sub-paragraph (ii) of that paragraph, the words "and its counterpart (if any) issued to him", and

(d)

in subsection (1AA), the words "together with the counterparts mentioned in that sub-paragraph" and the words "and its Northern Ireland counterpart".

In section 98(1)(c), the words "or its counterpart".

In section 98A--

(a)

in subsection (1), the words "and their counterparts",

(b)

in subsection (3), the words "(and their counterparts)",

(c)

in subsection (4), the words "(with its counterpart)", and

(d)

in subsection (7), the words "and its counterpart".

In section 99--

(a)

in subsection (2A), the words "and its counterpart",

(b)

in subsection (3), paragraph (aa), in paragraph (b), the words "or in its counterpart" and the words "and its counterpart",

(c)

in subsection (4), the words "and its counterpart",

(d)

in subsection (6), the words "and its counterpart" in both places, and

(e)

in subsections (7) and (7ZA), the words "and its counterpart".

Section 99A(5) and (6).

Section 99B--

(a)

subsections (3), (6) and (8),

(b)

in subsection (11)(b), the words "(6) or", and

(c)

subsection (12).

In section 99C--

(a)

in subsections (1) to (4), the words "and its counterpart (if any)" in each place, and

(b)

subsection (5).

In section 105(2)--

(a)

sub-paragraph (iii) of paragraph (b) and the word "or" before it,

(b)

in paragraph (e), the words "and counterparts of licences" and the words "or counterparts of licences", and

(c)

paragraph (ea).

In section 108, the definition of "counterpart".

In section 109B--

(a)

in subsection (1), the words from "together" to the end,

(b)

in subsection (2), in paragraph (a), the words "together with the relevant counterparts" and, in paragraph (b), the words "and those counterparts",

(c)

in subsection (4), the words "and the relevant counterparts", and

(d)

subsection (5).

In section 115A(1), the words "and its counterpart (if any)".

In section 117A, the words "and its counterpart (if any)" in both places.

In section 118--

(a)

in subsection (1), the words "and its counterpart",

(b)

in subsection (4), the words "and its counterpart", and

(c)

subsection (5).

In section 121, the definition of "counterpart".

In section 125A(8), in paragraph (c) of the definition of "disabled person's limited driving licence", the words "and a counterpart of that licence".

In section 141A(5), the words "and "counterpart", in relation to a Community licence".

In section 142, the words "and counterpart".

In section 164--

(a)

the words "and its counterpart" in each place, and

(b)

in subsection (11), the reference to "counterpart".

In section 173--

(a)

in paragraph (a) of subsection (2), the words from "or" to the end,

(b)

paragraph (aa) of that subsection, and

(c)

in subsection (4), the word ""counterpart",".

Section 176(1A), (3A) and (8).

Road Traffic Offenders Act 1988 (c. 53)

In section 7(1), the words from "and the foregoing" to the end.

In section 26--

(a)

in subsections (7), (8) and (9)(b), the words "and its counterpart" and the words "and counterpart", and

(b)

subsection (14).

In section 27, the words "and its counterpart" in each place.

In section 29--

(a)

in subsection (1)(b), the words "the counterpart of any licence held by him or on", and

(b)

subsection (3).

In section 30--

(a)

in subsection (1)(b), the words "the counterpart of his licence or", and

(b)

in subsection (2)(b), the words "on the counterpart of his licence or".

In section 31(1), the words "the counterpart of his licence or on".

Section 32.

Section 36(10).

Section 42(5A).

Section 44(3A).

Section 45.

In section 46(2), the words "the counterpart of any licence held by him or on".

In section 47--

(a)

in subsection (2A), the words "and its counterpart",

(b)

in subsection (3), the words "a licence or",

(c)

in subsection (3A), the words "in relation to a person who is not the holder of a licence,", and

(d)

in subsection (4), the words "and the counterpart of a licence".

In section 48--

(a)

in subsections (1) and (2), the words "the counterpart of any licence held by him or on", and

(b)

subsection (3).

In section 54(7), the words "and a counterpart of a licence".

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