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The Driving Licences (Disqualification until Test Passed) (Prescribed Offence) Order 2001

S.I. 2001/4051 · Made 20 December 2001

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

ROAD TRAFFIC

Made 20th December 2001

Coming into force 31st January 2002

Whereas a draft of this Order has been laid before, and approved by, each House of Parliament, the Secretary of State for Transport, Local Government and the Regions, in exercise of the powers conferred by section 36(3) of the Road Traffic Offenders Act 1988f1, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1988 c. 53. Section 36 was substituted by section 32 of the Road Traffic Act 1991 (c. 40).

Contents

  1. 1Citation and commencement
  2. 2Offences to which section 36(1) of the Road Traffic Offenders Act 1988 applies
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Driving Licences (Disqualification until Test Passed) (Prescribed Offence) Order 2001 and shall come into force on 31st January 2002.

2Offences to which section 36(1) of the Road Traffic Offenders Act 1988 applies

An offence under section 3A of the Road Traffic Act 1988f1 (causing death by careless driving when under the influence of drink or drugs) which is committed on or after 31st January 2002, and any person committing such an offence, are prescribed for the purposes of section 36(1) of the Road Traffic Offenders Act 1988.

Signature

Signed by authority of the Secretary of State

John Spellar

Minister of State,

Department for Transport, Local Government and the Regions

20th December 2001

Explanatory note

(This note is not part of the Order)

Section 36(1) of the Road Traffic Offenders Act 1988 requires the court, where that subsection applies, to disqualify a person until he has passed “the appropriate driving test” within the meaning of subsection (5). This is either a test of competence to drive, or an extended driving test, depending upon the offence committed. By virtue of subsection (2), section 36(1) applies to persons who have been disqualified under section 34 of the 1988 Act on their conviction of dangerous driving, manslaughter or causing death by dangerous driving.

Section 36(3)(b) enables the Secretary of State to prescribe other offences involving obligatory endorsement to which subsection (1) is to apply. This Order prescribes the offence of causing death by careless driving whilst under the influence of drink or drugs under section 3A of the Road Traffic Act 1988 for that purpose if the offence is committed on or after 31st January 2002. The court is thereby required to disqualify a person convicted of such an offence until he has passed the appropriate driving test. In the case of an offence under section 3A, this is an extended driving test.