PART 55ROAD TRAFFIC PENALTIES
Information to be supplied on order for endorsement of driving record, etc.55.2
1
This rule applies where the court—
a
convicts the defendant of an offence involving obligatory endorsement, and orders there to be endorsed on the defendant’s driving record and on any counterpart licence—
i
particulars of the conviction,
ii
particulars of any disqualification from driving that the court imposes, and
iii
the penalty points to be attributed to the offence;
b
disqualifies the defendant from driving for any other offence; or
c
suspends or removes a disqualification from driving.
2
The court officer must, as soon as practicable, serve on the Secretary of State notice that includes details of—
a
where paragraph (1)(a) applies—
i
the local justice area in which the court is acting,
ii
the dates of conviction and sentence,
iii
the offence, and the date on which it was committed,
iv
the sentence, and
v
the date of birth, and sex, of the defendant, where those details are available;
b
where paragraph (1)(b) applies—
i
the date and period of the disqualification,
ii
the power exercised by the court;
c
where paragraph (1)(c) applies—
i
the date and period of the disqualification,
ii
the date and terms of the order for its suspension or removal,
iii
the power exercised by the court, and
iv
where the court suspends the disqualification pending appeal, the court to which the defendant has appealed.
[Note. See sections 39(3), 42(5), 44A and 47 of the Road Traffic Offenders Act 1988594.
Under section 25 of the 1988 Act595, the court may order a defendant to disclose his or her date of birth, and sex, where that is not apparent (for example, where the defendant is convicted in his or her absence). Under section 27 of the 1988 Act596, and under sections 146(4) and 147(5) of the Powers of Criminal Courts (Sentencing) Act 2000597, the court may order a defendant to produce his or her driving licence, if not already produced.
For the circumstances in which the court—
a
must usually order endorsement, see sections 9, 44 and 96 of, and Schedule 2 to, the 1988 Act598;
b
c
may suspend a disqualification from driving pending appeal, see sections 39 and 40 of the 1988 Act601 (Part 63 (Appeal to the Crown Court) and Part 64 (Appeal to the High Court by case stated) contain relevant rules);
d
may remove a disqualification from driving imposed under section 34 or 35 of the 1988 Act, see section 42 of the Act (rule 55.1 applies).]