Section 92 Surrender of licence to Secretary of State where disqualifiedI1I2

After section 37 of the Road Traffic Offenders Act 1988 insert—

“Surrender of licence to Secretary of State where disqualified

37A

(1)

This section applies where—

(a)

a person who is the holder of a licence is disqualified by an order of a court, and

(b)

the Secretary of State is not already in receipt of the licence.

(2)

The Secretary of State may serve on the person a notice in writing requiring the person to surrender the licence to the Secretary of State at such address as the Secretary of State may determine, before the end of the period of 28 days beginning with the date on which the notice is served.

(3)

A notice under subsection (2) may be served on a person—

(a)

by delivering it to the person,

(b)

by leaving it at the person’s proper address, or

(c)

by sending it to the person by post.

(4)

A person who, without reasonable excuse, fails to comply with a notice under subsection (2) is guilty of an offence.

(5)

For the purposes of—

(a)

subsection (3), and

(b)

section 7 of the Interpretation Act 1978 in its application to subsection (3),

a person’s “proper address” is the person’s latest address as known to the Secretary of State.”

In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences), before the entry relating to section 62 of that Act, insert—

“

Section 37A(4) of this Act

Failure to surrender licence to Secretary of State

Summarily

Level 3 on the standard scale

”