Part 5: Road traffic Section 95 and Schedule 9: Surrender of licence and test certificates by new drivers
Section 95 introduces Schedule 9.
	Schedule 9 amends the Road Traffic (New Drivers) Act 1995 ("NDA"). The NDA provides that persons who pass their driving test are subject to a probationary period of two years, from the date of their test, during which they are subject to being disqualified, and having to retake their test, if they are allocated six or more penalty points for road traffic offences within that period.
	Paragraphs 2 and 3 amend sections 2 and 3 of the NDA, which relate to the revocation of new drivers’ licences. Under those sections, the Secretary of State is required to revoke a new driver’s licence by written notice. This must be done upon receipt of an official notification indicating that the new driver has been given penalty points by a court, or through the fixed penalty or conditional offer process, which bring the total allocated to the driver to six or more. Currently this notice is accompanied by the driver’s licence. Licence revocation must be undertaken where the offence was committed during the driver’s probationary period, and the responsibility for checking this lay with the court, the fixed penalty clerk or the Secretary of State, as appropriate
	Sections 2 and 3 of the NDA are amended to remove any references to the production and handling of the new driver’s licence as part of the process, and to provide that, where the relevant notices of endorsement are received, it is for the Secretary of State to check if the offence was committed during the new driver’s probationary period. In addition, various minor drafting amendments are made.
	Paragraph 4 inserts a new section 3A into the NDA which provides that where the Secretary of State serves a notice on a new driver revoking their licence the notice may also require surrender of the licence to the Secretary of State within 28 days. It makes it an offence not to do so without reasonable excuse. Where the licence received is a Northern Ireland one the Secretary of State must send it to the Northern Ireland licensing authority. The offence is a summary offence subject to a maximum penalty of a fine at level 3 on the standard scale (currently £1,000).
	Paragraph 5 substitutes for section 9(5) of the NDA slightly revised provision in relation to the address of the Secretary of State to which notices, or revoked licences or test certificates, must be sent for consistency in language with the other amendment made to the NDA.
	Paragraph 6 amend Schedule 1 (newly qualified drivers holding test certificates) to the NDA. Schedule 1 to the NDA makes similar provision for driving test pass certificates as apply to full driving licences (e.g. requirements to produce, surrender and revoke test certificates, and any associated full licences where applicable). This covers the scenarios where a new driver has to be disqualified for being allocated six or more penalty points within their probationary period before actually receiving their full driving licence. This would happen where they have a provisional licence plus a test pass certificate or where they have a test pass certificate for a class of vehicle for which their full licence is either treated as, or is, a provisional licence for that class.
	Paragraph 6(2) omits the current duties to produce test certificates to the court, or for their production and handling in relation to the giving of fixed penalty notices and the making of conditional offers, or for courts or fixed penalty clerks to send confiscated test certificates to the Secretary of State. These adjustments minimise the extent to which test certificates need to be handled administratively by the courts and fixed penalty clerks.
	Paragraph 6(3) provides for the Secretary of State by notice to revoke a new driver’s test certificate upon receipt of an official notice indicating that the new driver has been allocated penalty points by a court, or through the fixed penalty or conditional offer process, which bring the total allocated to the driver to six or more within the driver’s probationary period. These changes make the language of the test certificate revocation power match the other NDA amendments, and dispense with any reference to the Secretary of State being supplied with the new driver’s test certificate in advance of serving a revocation notice.
	Paragraph 6(4) inserts a new paragraph 5A into Schedule 1 to the NDA which provides that where the Secretary of State serves a notice on a new driver revoking their test certificate the notice may also require surrender of the test certificate to the Secretary of State within 28 days. It makes it an offence not to comply with the notice without reasonable excuse. Where the test certificate received is a Northern Ireland one the Secretary of State must send it to the Northern Ireland licensing authority. The offence is a summary offence subject to a maximum penalty of a fine at level 3 on the standard scale (currently £1,000).
	Paragraph 6(6) omits the current requirements to produce test certificates and associated full licences to the court, or for their production and handling in relation to the giving of fixed penalty notices and the making of conditional offers, or for courts or fixed penalty clerks to send confiscated test certificates and associated full licences to the Secretary of State. These adjustments minimise the extent to which test certificates, and their associated full licences, need to be handled administratively by the courts and fixed penalty clerks.
	Paragraph 6(7) provides for the Secretary of State by notice to revoke a new driver’s test certificate and associated full licence upon receipt of an official notice, indicating that the new driver has been allocated penalty points by a court, or through the fixed penalty or conditional offer process, which bring the total allocated to the driver to six or more within the driver’s probationary period. These changes are to make the language of the test certificate, and associated full licence, revocation power match the other NDA amendments, and dispense with any reference to the Secretary of State being supplied with the new driver’s test certificate and full licence in advance of serving a revocation notice.
	Paragraph 6(8) inserts a new paragraph 8A into Schedule 1 to the NDA which provides that where the Secretary of State serves a notice on a new driver revoking their test certificate and associated full licence the notice may also require surrender of the licence, or test certificate, or both to the Secretary of State within 28 days. It makes it an offence not to comply with the notice without reasonable excuse. Where the test certificate, or associated licence, received is a Northern Ireland one the Secretary of State must send it to the Northern Ireland licensing authority. The offence is a summary offence subject to a maximum penalty of a fine at level 3 on the standard scale (currently £1,000).