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On the appointed day Part IV of the Road Traffic Act 1988 and section 22 of the Public Passenger Vehicles Act 1981 (which require special driving licences to be held for driving heavy goods vehicles and public service vehicles) shall cease to have effect but the repeal of those provisions does not imply that it is lawful for a person to drive a heavy goods vehicle or a public service vehicle of any class on or after that day on the authority of an existing licence under Part III of the 1988 Act (ordinary licences) and, for the purposes of section 87 of that Act (offence of driving without Part III licence), his licence shall not be taken to authorise him to drive vehicles of those classes.
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any application questioning the conduct of a test of competence to drive under section 115 of the 1988 Act, and
any reconsideration by, or appeal from, a licensing authority under section 116 of the 1988 Act or section 23 of the 1981 Act,
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In this Part of this Act— ...
any public gas supplier (within the meaning of Part I of the Gas Act 1986);
“existing”, in relation to a licence, means in force immediately before the appointed day;
“existing”, in relation to a licence, means in force immediately before the appointed day;
“traffic area” means a traffic area constituted for the purposes of the 1981 Act;
“traffic area” means a traffic area constituted for the purposes of the 1981 Act;
any person or authority authorised by or under any Act (whether public general or local) to carry on any railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking;
“traffic commissioner” means a traffic commissioner appointed for the purposes of the 1981 Act;
“the 1981 Act” means the Public Passenger Vehicles Act 1981;
“the 1981 Act” means the Public Passenger Vehicles Act 1981;
There shall be inserted as Part IV of the 1988 Act the provisions set out in Schedule 2 to this Act which—
apply both to the licensing of the drivers of large goods vehicles and to the licensing of the drivers of passenger-carrying vehicles (as there defined); and
re-enact and assimilate certain of the provisions of Part IV of the 1988 Act (as originally enacted) and of section 22 of the 1981 Act to take account of the abolition by section 1 above of special licences to drive heavy goods vehicles and public service vehicles and the granting after the appointed day of licences to drive such vehicles under Part III of the 1988 Act.
After section 99(1) of the 1988 Act (duration of licences) there shall be inserted the following subsection—
Section 88 of the 1988 Act (exceptions to prohibition on driving without a licence) shall be amended as follows.
In subsection (1) (conditions of the exception), for paragraphs (a) and (b) there shall be substituted the following paragraphs—.
After subsection (1) there shall be inserted the following subsections—
In subsection (2) (period of benefit of exception), at the end, there shall be inserted, or
After subsection (7) there shall be inserted the following subsection—
Section 89 of the 1988 Act (tests of competence to drive and related conditions of entitlement to driving licence) shall be amended as provided in subsections (2) to (4) below.
In subsection (1) (conditions of entitlement to driving licence), for paragraphs (a) to (d) there shall be substituted the following paragraphs—
For subsection (2) there shall be substituted the following subsection—
After section 89 of the 1988 Act there shall be inserted the following section—
Section 92 of the 1988 Act (requirements as to physical fitness of drivers) shall be amended as provided in subsections (2) to (5) below.
In subsection (5) (notice to a person of dangerous disability following a test of competence)—
after the words “a test of competence to drive” there shall be inserted the words “or of information obtained under the relevant powers”;
after the words “who took the test” there shall be inserted the words “or in relation to whom the information was obtained”; and
for the words “construction or design” there shall be substituted the word “class”.
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for the words “construction or design” there shall be substituted the word “class”; and
at the end there shall be added the words “and, if the Secretary of State so directs in the notice, his entitlement to drive other classes of vehicles by virtue of section 98(2) of this Act shall be limited as specified in the notice”.
After subsection (7) there shall be inserted the following subsections—
In subsection (9) (relevant driving tests under external laws which entitle persons with prescribed disabilities to have licences)—
for paragraph (a) there shall be substituted the following paragraph—; and
in paragraph (b), for the words from “the authority” to “vehicle” there shall be substituted the words “his licensing authority”.
In section 93(3) of the 1988 Act (duty to surrender licence revoked on account of disability), at the end, there shall be inserted the words “and a person who, without reasonable excuse, fails to do so is guilty of an offence.”
In section 94(4) of the 1988 Act (powers of Secretary of State to satisfy himself whether or not a person is suffering from a disability)—
after the word “If” there shall be inserted the words “the prescribed circumstances obtain in relation to a person who is an applicant for, or the holder of, a licence or if”; and
for the words “that is the case” there shall be substituted the words “that person may be suffering from that or any other relevant or prospective disability”.
In section 94(5)(c) of the 1988 Act (requirement on applicant for, or holder of, licence believed to be suffering from disability to take driving test), for the words from “a test of competence to drive” to the end there shall be substituted the words “such a test of competence to drive as the Secretary of State directs in the notice.”
In section 94(9) of the 1988 Act (payment of doctors’ fees), for the words “The Secretary of State must” there shall be substituted the words “Except where the requirement is made in the circumstances prescribed for the purposes of subsection (5) above, it shall be for the Secretary of State (and not for any other person) to”.
In section 98 of the 1988 Act (form of licence and provisional entitlement)—
in subsection (2), for the words “and (4)” there shall be substituted the words “, (4) and (4A)”; and
after subsection (4) there shall be inserted the following subsection—
In section 89 of the 1988 Act (tests of competence to drive)—
after subsection (2), there shall be inserted the following subsection—; and
after subsection (5), there shall be inserted the following subsection—
In section 97 of the 1988 Act (licences to be granted on fulfilment of certain conditions)—
in subsection (1), for the words “subsection (2) below” there shall be substituted the words “the following provisions of this section”;
in subsection (3) (provisional licences), after paragraph (d), there shall be inserted the following, and ; and
after subsection (3), there shall be inserted the following subsections—.
The enactments mentioned in Schedule 3 to this Act shall have effect subject to the amendments specified in that Schedule being for the most part minor or consequential amendments.
The following provisions shall have effect for the interpretation of this Part of this Act.
Subject to subsection (7) below, “driver information” is information (including guidance and warnings) of use to the drivers of motor vehicles relating to routes for or the position of their vehicles or traffic conditions and “route guidance” is to be construed accordingly.
A “driver information system” is— but data is not “collected” unless it is collected from motor vehicles whether or not also from other sources.
a system for the collection, storage and processing of data from which driver information is derived, or
a system for the transmission of data from which driver information is derived, by means of apparatus situated otherwise than in motor vehicles to motor vehicles equipped to receive the transmissions, or
a system for both of the above;
A person “operates” a driver information system if (otherwise than as an employee)— and he operates a driver information system “in relation to” public roads if he collects data from or, as the case may be, transmits data to, motor vehicles on public roads; and related expressions shall be construed accordingly.
he collects, stores and processes data from which driver information is derived, or
he transmits such data to motor vehicles;
“Data” means information recorded in a form in which it can be processed by equipment operating automatically in response to instructions given for that purpose.
The “system apparatus”, in relation to a driver information system, is the apparatus by means of which the system is operated.
The Secretary of State may by order prescribe descriptions of information which is not to be driver information for the purposes of any provision of this Part of this Act.
In this Part of this Act—
“highway authority” is used with reference to England and Wales and has the same meaning as in the Highways Act 1980;
“roads authority” is used with reference to Scotland and has the same meaning as in the Roads (Scotland) Act 1984; and
“public road” means, with reference to England and Wales, a highway maintainable at the public expense within the meaning of the Highways Act 1980, and, with reference to Scotland, a public road within the meaning of the Roads (Scotland) Act 1984.
Except as provided under subsection (2) below, no person shall operate a driver information system in relation to public roads in England or Wales or Scotland unless he is authorised to do so by a licence granted to him by the Secretary of State.
The Secretary of State may, by order, direct that this Part of this Act shall not apply to any description of driver information system specified in the order; and the description of a system may be framed by reference to any of its characteristics, its effects or any other circumstances.
The holding by a person of a licence under this section shall not relieve him of—
any liability in respect of a failure to hold a licence under section 8 of the Wireless Telegraphy Act 2006 ; or
any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).
Any person who operates a driver information system in contravention of this section commits an offence.
A person guilty of an offence under this section shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum; and
on conviction on indictment, to a fine.
The Secretary of State may grant a licence to operate a driver information system in any area in England or Wales or Scotland (such a licence being referred to in this Part of this Act as an “operator’s licence”).
More than one operator’s licence may be granted for the same area but an operator’s licence is not assignable.
An operator’s licence may authorise the operation of all or only one or more descriptions of driver information system and may authorise the transmission of data from which route guidance is derived to the drivers of motor vehicles of all or only one or more classes or its collection from motor vehicles of all or only one or more classes.
An operator’s licence shall be in writing and shall specify, in accordance with subsection (3) above, the scope of the authority given and the area within which the licence holder may operate.
An operator’s licence shall, unless revoked, suspended or surrendered, remain in force for the period specified in the licence.
An operator’s licence shall be granted on such terms and subject to such conditions as the Secretary of State considers appropriate and he may—
with the consent of the licence holder, attach new conditions or vary any of the terms or conditions; or
without the consent of the licence holder, attach new conditions designed to prevent danger to the public or vary any such condition.
An operator’s licence may include a term requiring the rendering to the Secretary of State of a payment on the grant of the licence or payments during the currency of the licence or both of such amount or amounts as may be determined by or under the licence.
The conditions subject to which an operator’s licence is granted may include, in particular, conditions—
specifying the classes or descriptions of public road or any particular public road in, upon, under, over, along or across which system apparatus may or may not be installed;
specifying the classes or descriptions of public road or any particular public road which may or may not be included in route guidance to drivers or to the drivers of specified classes of motor vehicles or specifying the circumstances in which the roads or road may be included or excluded;
specifying the classes of motor vehicles to whose drivers route guidance may or may not be given or the circumstances in which it may or may not be given to such drivers;
regulating the size, shape or other characteristics of system apparatus;
regulating the charges that may be made by the licence holder to drivers or other persons for receiving data transmitted by a driver information system;
requiring the licence holder to furnish to the Secretary of State such information relating to motor vehicles or traffic conditions derived from data which is or has been stored in the driver information system by the licence holder as the Secretary of State requires and authorising the Secretary of State to make such use, including the sale, of the information as he thinks fit;
requiring the licence holder to keep such records relating to the operation of the system as the Secretary of State specifies and to permit persons authorised by the Secretary of State to inspect the records and make copies or extracts from them;
authorising the Secretary of State to disclose the roads permitted to be included in route guidance under the licence to persons appearing to him to be affected;
requiring the licence holder to disclose the roads included in route guidance under the licence to persons requesting the information on payment (if required) of a charge not exceeding such amount as may be specified in the licence.
No information may be required to be furnished to the Secretary of State under subsection (8)(f) above in a way that would enable individual owners or drivers of motor vehicles to be identified.
The Secretary of State may make such payments as he may determine in respect of the furnishing of information by virtue of subsection (8)(f) above.
Any sums received by the Secretary of State in pursuance of subsection (7) above shall be paid into the Consolidated Fund.
The Secretary of State may, subject to subsection (2) below, at any time revoke or suspend an operator’s licence on the ground that—
the licence holder’s operations have extended beyond the area in which the licence authorised him to operate, or
there has been a breach of any condition of the licence.
The Secretary of State shall not revoke or suspend a licence for breach of a condition unless he is satisfied that owing to— the licence should be revoked or suspended.
the frequency of the breach of conditions,
the intentional nature of the breach, or
the danger to the public involved in the breach,
Where the Secretary of State revokes a licence he may, if it appears to him to be expedient to do so, direct that the revocation is a provisional revocation which will not take effect until a future date; and where he gives such a direction he may either make final the revocation or withdraw it.
An operator’s licence suspended under the foregoing provisions of this section shall during the time of suspension be of no effect.
Subject to subsection (6) below, if a condition attached to an operator’s licence is broken, the holder of the licence commits an offence.
It shall be a defence for a person charged with an offence under subsection (5) above to prove that he took all reasonable precautions and exercised all due diligence to avoid a breach of that condition.
A person guilty of an offence under subsection (5) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
This section has effect—
for the purposes of any operator’s licence to which it is applied by the licence, but
subject to any exclusions or other modifications specified in the licence.
The holder of an operator’s licence shall have power to do all or any of the following things, that is to say—
install system apparatus in, upon, under, over, along or across a public road;
inspect, maintain, adjust, repair, alter, renew or remove any system apparatus so installed; and
execute any works requisite for or incidental to the purposes of any works falling within paragraph (a) or (b) above, including for those purposes the following kinds of works, that is to say— . . .
breaking up or opening a public road;
tunnelling or boring under a public road; and
breaking up or opening a sewer, drain or tunnel
The powers conferred by subsection (2) above shall not be exercisable by fixing system apparatus to a traffic sign (within the meaning of section 64(1) of the Road Traffic Regulation Act 1984).
Subject to subsection (5) below, the powers conferred by subsection (2) above shall not be exercisable— without the written consent of that other person or authority; and a local authority shall have power to give its consent upon such terms (including such terms as to payment) as it thinks appropriate.
by fixing system apparatus to a structure or attachment to a structure belonging to another person or authority, or
by making use, for the purpose of installing system apparatus, of an existing cable, duct or installation of any description (whether under ground or not) belonging to another person or authority,
Where the consent in question under subsection (4) above would be that of any authority prescribed by order made by the Secretary of State, subsection (4) shall, as specified in the order—
apply only in the circumstances specified in the order, or
not apply except in such circumstances (if any) as may be specified in the order.
The powers conferred by subsection (2) above shall be so exercised as to comply with any regulations made by the Secretary of State relating to the situation or manner of installation of system apparatus of any description.
Subject to any terms or conditions of the licence, the licence holder, if so required by the highway authority or the roads authority—
shall remove any system apparatus which at the expiry of the licence remains in any land (whether or not vested in the authority) comprised in or lying under a public road, and shall restore the land to its condition before the system apparatus was installed there; or
shall reimburse the authority the expenses incurred in doing so.
In subsection (4) above, “local authority” in England and Wales has the meaning given by the Local Government Act 1972, and in Scotland has the meaning given by the Local Government (Scotland) Act 1973.
This section applies in relation to any land belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or belonging to the Duchy of Cornwall, or belonging to a Government department, or held in trust for Her Majesty for the purposes of a Government department, as it applies in relation to other land.
Schedule 4 to this Act shall have effect for the purpose of applying the enactments specified therein in relation to the holders of operators’ licences and their system apparatus.
Schedule 5 to this Act (which regulates other undertakers’ works affecting system apparatus) shall have effect.
Where a body corporate is guilty of an offence under any provision of this Part of this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Any power to make regulations or orders under this Part of this Act may be exercised so as to make different provision for different circumstances and different provision for England, for Wales or for Scotland.
Any power to make regulations or orders under this Part of this Act is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The enactments mentioned in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Road Traffic (Driver Licensing and Information Systems) Act 1989.
This Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be appointed for different provisions or for different purposes.
This Act does not extend to Northern Ireland.
Section 1.
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“conduct” means— including, in either case, such conduct in Northern Ireland;
“prescribed”, unless the context requires otherwise, means prescribed by regulations made under paragraph 8 below; and
in relation to a relevant undertaker falling within paragraph (a) above, any works which he is authorised to execute for the purpose of, or in connection with, the carrying on by him of the undertaking mentioned in that paragraph;
in relation to the holder of an existing public service vehicle licence, his conduct both as a driver of a motor vehicle and in any other respect relevant to his holding a public service vehicle licence,
“the 1988 Act” means the Road Traffic Act 1988;
“heavy goods vehicle” has the same meaning as it had for the purposes of Part IV of the 1988 Act before its repeal by section 1 of this Act and “large goods vehicle” has the same meaning;
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a licence under Part IV of that Act to drive heavy goods vehicles of any class, or
a licence under section 22 of the 1981 Act to drive public service vehicles of any class,
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Section 2.
Section 7.
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In section 24 of the Public Passenger Vehicles Act 1981 (conduct of PSV drivers and conductors)—
in subsection (1), the words “persons licensed to act as” shall be omitted;
in subsection (2)—
after the words “endorsed upon” there shall be inserted the words “ the counterpart of ”, and
for the words “section 22 of this Act” there shall be substituted the words “ Part III of the Road Traffic Act 1988 ”;
after subsection (4) there shall be inserted the following subsection—
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In section 46(1) of the Public Passenger Vehicles Act 1981 (fare-paying passengers on school buses), for the words “12(1) and 22” there shall be substituted the words “ and 12(1) ”.
In section 18 of the Transport Act 1985 (exemption from PSV operator and driver licensing requirements of vehicles used under permits)—
for the words “Sections 12(1) and 22” there shall be substituted “ Section 12(1) ”;
after paragraph (a) there shall be inserted the word “ or ”; and
for paragraph (c) and the word “or” preceding it there shall be substituted “ and a person may drive any vehicle at a time when it is being used as mentioned in paragraph (a) or (b) above notwithstanding that his licence under Part III of the Road Traffic Act 1988 does not authorise him to drive vehicles of the class to which that vehicle belongs. ”
In section 23(2) of the Transport Act 1985 (conditions of community bus permits), in paragraph (b), after the word “holds” there shall be inserted the words “ a passenger-carrying vehicle driver’s licence (within the meaning of Part IV of the Road Traffic Act 1988) or ”.
In section 23 of the 1988 Act (restriction on carriage of persons on motor cycles), for the words “two-wheeled motor cycle” in both places where they occur, there shall be substituted the words “ motor bicycle ”.
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In section 89 of the 1988 Act (tests of competence to drive)—
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in subsection (6)—
for the words “(1)(a) above”, where first occurring, there shall be substituted the words “ (1)(a)(iii) above or section 89A(2)(b)(iii) below ”,
in paragraph (b), for the word “any” where it first occurs there shall be substituted the word “ all ”, and
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in subsection (7), for the words from “(1)(b) to authorise” to “in the group” there shall be substituted(1)(b)(i) above or section 89A(4)(a) below to authorise the driving of— ;
in subsection (8), for the word “category” in both places where it occurs, there shall be substituted the word “ class ”; and
for subsection (9), there shall be substituted the following subsections—
In section 97(1) of the 1988 Act (licences to be granted on fulfilment of certain conditions)—
after the words “section 92 of this Act” there shall be inserted the words “ and, in the case of licences to drive large goods vehicles or passenger-carrying vehicles, to Part IV of this Act ”;
in paragraph (a), at the end, there shall be inserted the words “ and pays the fee (if any) which is prescribed ”;
in paragraph (c), for the words “1st June 1970” there shall be substituted the words “ 1st January 1976 ” and for the words from “89(1)(c)” to the end there shall be substituted the words “ 89(1)(d) or (f) of this Act, surrenders to the Secretary of State his British external licence, his British Forces licence or his exchangeable licence, as the case may be, and ”; and
in paragraph (d), for the words from “disqualified” to “application” there shall be substituted the words “ , in accordance with section 88(1B) of this Act, subject to a current disqualification which is relevant to the licence he applies for ”.
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In section 98 of the 1988 Act (form of licence and provisional entitlement)—
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in subsection (2), for paragraphs (a), (b) and (c) there shall be substituted—;
in subsection (3)—
in paragraph (b), for the words “motor cycle” there shall be substituted the words “ motor bicycle without a side-car ”, and
after paragraph (b), there shall be inserted the words; or ; and
in subsection (4), after the words “In such cases” there shall be inserted the words “ or as respects such classes of vehicles ”.
In section 99 of the 1988 Act (duration of licences)—
in subsection (1), for the words “A licence”, in the first place where they occur, there shall be substituted the words “ In so far as a licence authorises its holder to drive motor vehicles of classes other than any prescribed class of goods vehicle or any prescribed class of passenger-carrying vehicle, it ”;
in subsection (3), at the end, there shall be inserted the words “ and it shall be the duty of that person to comply with the requirement. ”; and
in subsection (5)—
after the word “who” there shall be inserted the words “ without reasonable excuse ”, and
after the word “subsection” there shall be inserted the words “ (3) or ”.
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in subsection (1)(b), the words from “or, if” to the end shall be omitted; and
after subsection (3) there shall be inserted the following subsection—
In section 105 of the 1988 Act (regulations), in subsection (2), there shall be inserted, after paragraph (e), the following paragraph—.
In section 108(1) of the 1988 Act (interpretation)—
“British external licence” and “British Forces licence” have the meanings given by section 88(8) of this Act,
in the definition of “disqualified”, after the word “licence” there shall be inserted the words “ or, in cases where the disqualification is limited, a licence to drive motor vehicles of the class to which the disqualification relates ”;
“full licence” means a licence other than a provisional licence,
in the definition of “licence”, before the word “means” there shall be inserted the words “ (except where the context otherwise requires) ”;
“Northern Ireland driving licence” or “Northern Ireland licence” means a licence to drive a motor vehicle granted under the law of Northern Ireland, “passenger-carrying vehicle” has the meaning given by section 121(1) of this Act,
“relevant external law” has the meaning given by section 88(8) of this Act,
“approved training course for motor cyclists” and, in relation to such a course, “prescribed certificate of completion” mean respectively any course of training approved under, and the certificate of completion prescribed in, regulations under section 97(3A) of this Act.
In section 109 of the 1988 Act (driving in Great Britain as holder of Northern Ireland licence)—
in subsection (1)—
for the words “licence to drive a motor vehicle granted under the law of Northern Ireland” there shall be substituted the words “ Northern Ireland driving licence ”, and
after the words “this Part”, where first occurring, there shall be inserted the words “ or Part IV ”; and
in subsection (2), for the words “licence so granted” there shall be substituted the words “ Northern Ireland driving licence ”.
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In section 164 of the 1988 Act (production to constables of driving licences)—
in subsection (3)—
for paragraph (a) there shall be substituted— and
in paragraph (b), after the words “Secretary of State” there shall be inserted the words “ or the traffic commissioner, as the case may be ” and for the words “the section in question” there shall be substituted the words “ section 93, 99 or 118 (as the case may be) ”;
after subsection (4) there shall be inserted the following subsection—;
in subsection (6), after the words “date of birth” there shall be inserted the words “ or to produce his certificate of completion of a training course for motor cyclists ”; and
in subsection (11), after the words “ “provisional licence”” there shall be inserted the words “ and “training course for motor cyclists” and, in relation to such a course, “the prescribed certificate of completion” ”.
In section 165(4) of the 1988 Act (defence in case of failure to produce certain documents), for “subsection (1)” there shall be substituted “ subsection (3) ”.
For section 166 of the 1988 Act (powers of certain officers as respects goods vehicles) there shall be substituted the following section—
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in paragraph (a)(ii), for “117” there shall be substituted “120”;
in paragraph (b), for the words “27 and 45” there shall be substituted “and 27”; and
in paragraph (c), at the end, there shall be inserted the words “except an offence under paragraph 8 of Schedule 1 to the Road Traffic (Driver Licensing and Information Systems) Act 1989”.
In section 173(2) of the 1988 Act (forgery of documents, etc.), in paragraph (f), the words “or 117(2)” shall be omitted.
For section 183(6) of the 1988 Act (discharge of Part IV functions in relation to H. M. Forces) there shall be substituted the following subsection—.
In section 192(3) of the 1988 Act (interpretation of references to “class” of vehicles), at the end, there shall be inserted the words “ and accordingly as authorising the use of “category” to indicate a class of vehicles, however defined or described ”.
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subsection (3) (offence of applying for or obtaining licence without notifying effective endorsements) shall cease to have effect; and
in subsection (4) (entitlement to new licence free of endorsements), for the words from “a new” to “effective” there shall be substituted the words “issued to him with effect from the end of the period for which the endorsement remains effective a new licence free from the endorsement if”.
In section 98(3) of the Road Traffic Offenders Act 1988 (general interpretation), at the end there shall be inserted “ or, if followed by “1989”, the Road Traffic (Driver Licensing and Information Systems) Act 1989 ”.
In Schedule 1 to the Road Traffic Offenders Act 1988—
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RTA section 114(1) Failing to comply with conditions of LGV or PCV driver’s licence. Sections 11 and 12(1) of this Act. RTA section 114(2) Causing or permitting a person under 21 to drive LGV or PCV in contravention of conditions of that person’s licence. Section 11 of this Act.
In Schedule 2 to the Road Traffic Offenders Act 1988, in Part I—
RTA section 92(7C) Failure to deliver licence revoked by virtue of section 92(7A) and counterpartto Secretary of State. Summarily. Level 3 on the standard scale. RTA section 93(3) Failure to deliver revoked licence and counterpartto Secretary of State. Summarily. Level 3 on the standard scale.
in the entry for section 99 of the Road Traffic Act 1988 (“RTA”)—
in column 1, after “section 99” there shall be inserted “ (5) ”, . . .
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RTA section 114 Failing to comply with conditions of LGV or PCV licence, or causing or permitting person under 21 to drive LGV or PCV in contraven-tion of such conditions. Summarily. Level 3 on the standard scale. RTA section 118 Failing to surrender revoked or suspended LGV or PCV licence and counterpart. Summarily. Level 3 on the standard scale.
in the entry for regulations made by virtue of section 117(4) of the Road Traffic Act 1988—
in column 1, for the words “section 117(4)” there shall be substituted the words “ section 120(5) ”, and
in column 2, for the word “HGV” there shall be substituted the words “ LGV or PCV ”.
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In Schedule 5 to the Road Traffic Offenders Act 1988—
in the entry for section 99(5) of the Road Traffic Act 1988 (“RTA”), in column 2, after the word “failing” there shall be inserted the words “ when his licence is revoked, to surrender it and its counterpartor ”;
in the entry for section 112 of the Road Traffic Act 1988—
in column 1, for the words “section 112” there shall be substituted the words “ section 114 ”, and
in column 2, for the word “HGV” in both places where it occurs there shall be substituted the words “ LGV or PCV ”;
in the entry for regulations under section 117 of the Road Traffic Act 1988—
in column 1, for the words “section 117” there shall be substituted the words “ section 120(5) ”, and
in column 2, for the word “HGV” there shall be substituted the words “ LGV or PCV ”; and
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Section 13(1).
Sections 271 to 274 of the Town and Country Planning Act 1990(extinguishment of statutory undertakers’ rights as to apparatus, and their rights of removal, in consequence of certain works), as applied by section 21(1) and (3) of the Highways Act 1980 in relation to any land specified in subsection (2) of that section (land for highway works), shall apply, in relation to such land, to the holders of operators’ licences under Part II of this Act (and the operations authorised by their licences) as they apply to statutory undertakers; and so as respects the other provisions of the 1990 Actas applied by the said section 21(1).
Section 224 of the Town and Country Planning (Scotland) Act 1997 (extinguishment of statutory undertakers’ rights to apparatus etc. in consequence of certain works), as applied by section 134(1) and (2) of the Roads (Scotland) Act 1984 in relation to any land specified in subsection (1) of that section (land for works in connection with special roads), shall apply, in relation to such land, to the holders of operator’s licences under Part II of this Act (and the operations authorised by their licences) as it applies to statutory undertakers; and so as respects the other provisions of the the 1997 Act as applied by the said section 134(1).
The Highways Act 1980 shall be amended as provided in this paragraph. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 116 (power of magistrates’ court to authorise stopping up or diversion of highway subject to arrangements for apparatus of statutory undertakers), at the end there shall be inserted the following subsection— In subsection (5) of section 142 (licence to plant trees, shrubs, etc., in a highway), at the end there shall be inserted the words “ or driver information systems ”. In subsection (6) of section 144 (power to erect flagpoles etc. on highways), at the end there shall be inserted the words “ or a driver information system ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In subsection (4) of section 169 (control of scaffolding on highways), at the end there shall be inserted the words “ or a driver information system ”. In subsection (3) of section 170 (control of mixing of mortar etc. on highways), at the end there shall be inserted the words “ or a driver information system ”. In subsection (4) of section 177 (restriction on construction of buildings over highways), at the end there shall be inserted the words “ or a driver information system ”. In subsection (5) of section 178 (restriction on placing of apparatus over highways), after the words “telecommunications code system” there shall be inserted the words “ or a driver information system ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 256 (power of highway authority to exchange land to adjust boundaries of highways subject to arrangements for apparatus of statutory undertakers), after subsection (6) there shall be inserted the following subsection— “driver information system” has the same meaning as in Part II of the Road Traffic (Driver Licensing and Information Systems) Act 1989, and references to an “operator” of a driver information system are references to an operator licensed under that Part of that Act; In Schedule 12 (provisions as to orders under s.116 and conveyances under s.256), at the end there shall be inserted the following—
Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) (procedure for works involving alteration of electronic communications apparatus) shall apply to the holders of operators’ licences under Part II of this Act for the purposes of the operations authorised by their licences.
The Roads (Scotland) Act 1984 shall be amended as provided in this paragraph. In subsection (4) of section 78 (power to divert waters when constructing or improving public road), at the end there shall be inserted “ and a reference to the operator of a driver information system (whether or not a body) acting in pursuance of a right conferred by or in accordance with section 12 of the Road Traffic (Driver Licensing and Information Systems) Act 1989 ”. In subsection (1) of section 151 (definitions)—
Section 13(2).
The following provisions of this Schedule apply where a relevant undertaker is proposing to execute any undertaker’s works which involve or are likely to involve a temporary or permanent alteration of any system apparatus of a licensed operator of a driver information system kept installed in, upon, under, over, along or across any land.
The relevant undertaker shall, not less than 10 days before the works are commenced, give the operator a notice specifying the nature of the undertaker’s works, the alteration or likely alteration involved and the time and place at which the works will be commenced. This paragraph shall not apply in relation to any emergency works of which the relevant undertaker gives the operator notice as soon as practicable after commencing the works.
Where a notice has been given under paragraph 2 above by a relevant undertaker to the operator, the operator may within the period of 10 days beginning with the giving of the notice give the relevant undertaker a counter-notice which may state either—
that the operator intends himself to make any alterations made necessary or expedient by the proposed undertaker’s works; or
that he requires the undertaker in making any such alteration to do so under the supervision and to the satisfaction of the operator.
Where a counter-notice given under paragraph 3 above states that the operator intends himself to make any alteration—
the operator shall (subject to paragraph 6 below) have the right, instead of the relevant undertaker, to execute any works for the purpose of making that alteration; and
any expenses incurred by the operator in or in connection with the execution of those works and the amount of any loss or damage sustained by the operator in consequence of the alteration shall be recoverable by the operator from the undertaker in any court of competent jurisdiction.
Where a counter-notice given under paragraph 3 above states that any alteration is to be made under the supervision and to the satisfaction of the operator—
the relevant undertaker shall not make the alteration except as required by the notice or under paragraph 6 below; and
any expenses incurred by the operator in or in connection with the provision of that supervision and the amount of any loss or damage sustained by the operator in consequence of the alteration shall be recoverable by the operator from the undertaker in any court of competent jurisdiction.
Where— the relevant undertaker may himself execute works for the purpose of making the alteration or, as the case may be, may execute such works without the supervision of the operator; but in either case the undertaker shall execute the works to the satisfaction of the operator.
no counter-notice is given under paragraph 3 above, or
the operator, having given a counter-notice falling within that paragraph, fails within a reasonable time to make any alteration made necessary or expedient by the proposed undertaker’s works or, as the case may be, unreasonably fails to provide the required supervision,
If the relevant undertaker or any of his agents— he shall be guilty of an offence. A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine which—
In this Schedule—
“relevant undertaker” means—
any person to whom the telecommunications code is applied by a licence under section 7 of the Telecommunications Act 1984 authorising him to run a telecommunication system;
any holder of a licence under Part I of the Electricity Act 1989 who is entitled to exercise any power conferred by paragraph 1 or 2 of Schedule 4 to that Act;
any other licensed operator of a driver information system; or
any person or authority authorised by or under any Act (whether public general or local) to carry on any railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking;
any electronic communications code operator;
any public gas transporter (within the meaning of Part I of the Gas Act 1986);
any holder of a licence under Part I of the Electricity Act 1989 who is entitled to exercise any power conferred by paragraph 1 or 2 of Schedule 4 to that Act;
the Environment Agency, the Natural Resources Body for Wales or any water undertaker or sewerage undertaker;
any other licensed operator of a driver information system; or
any person to whom this Schedule is applied by any Act passed after this Act;
in relation to a relevant undertaker falling within paragraph (a) above, any works which he is authorised to execute for the purpose of, or in connection with, the carrying on by him of the undertaking mentioned in that paragraph;
in relation to a relevant undertaker falling within paragraph (b) above, any works which he is authorised to execute for the purposes of, or in connection with, an electronic communications code network provided by him ;
in relation to a relevant undertaker falling within paragraph (c) above, any works which he is authorised to execute for the purposes of, or in connection with, his conveying gas as a public gas transporter;
in relation to a relevant undertaker falling within paragraph (d) above, any works which he is authorised to execute for any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on;
in relation to a relevant undertaker falling within paragraph (e) above, any works which that Authority or undertaker has power to execute for purposes connected with the carrying on of its functions;
in relation to a relevant undertaker falling within paragraph (f) above, any works which he is authorised to execute for the purposes of, or in connection with, a driver information system operated by him; and
in relation to a relevant undertaker falling within paragraph (g) above, the works for the purposes of which this Schedule is applied to him.
Section 16. 1981 c. 14. Public Passenger Vehicles Act 1981. Sections 22 to 23A. In section 24(1), the words “persons licensed to act as”. In section 52, subsection (1)(b), and subsection (2)(c) and the word “or” preceding it. In section 59(a), the words “or licences to drive public service vehicles”. In section 68, subsection (2)(b) and the word “and” preceding it, and subsection (4)(b) and the word “and” preceding it. 1983 c. 43. Road Traffic (Driving Licences) Act 1983. Section 3. 1985 c. 67. Transport Act 1985. In section 12(13)(a), the word “, 22”. In section 18, the words “and drivers”. In section 23(2)(b), the words “or a public service vehicle driver’s licence”. In Schedule 1, paragraph 5. In Schedule 2, in Part II, paragraph 4(13). In Schedule 7, paragraph 21(7). 1988 c. 52. Road Traffic Act 1988. Section 87(3). In section 92(9), the words from “In this subsection” to the end. In section 97(1), the words “, on payment of such fee (if any) as may be prescribed,”. In section 97(3), the word “and” at the end of paragraph (c). In section 103(1)(b), the words from “or, if” to the end of the paragraph. Sections 110 to 122. In section 173(2)(f), the words “or 117(2)”. 1988 c. 53. Road Traffic Offenders Act 1988. Section 3(1). Section 45(3). In Schedule 1— (a) in paragraph 2, the word “and” at the end of sub-paragraph (a), (b) in paragraph 3, the word “and” at the end of sub-paragraph (b), (c) in paragraph 4, the word “and” at the end of sub-paragraph (a), and (d) in the table, the entries relating to sections 110(1), 110(2), 112(6) and 112(7) of the Road Traffic Act 1988. In Schedule 2, in Part I, the entries relating to sections 110 and 112 of the Road Traffic Act 1988 and the entry relating to section 45 of the Road Traffic Offenders Act 1988. In Schedule 5, the entry relating to section 110 of the Road Traffic Act 1988. 1989 c. 22. Road Traffic (Driver Licensing and Information Systems) Act 1989. In Schedule 1— (a) paragraph 10, (b) paragraph 11.