Road Traffic Offenders Act 1988, section 44

Orders for endorsement

Part II Sentence

(1)Where a person is convicted of an offence involving obligatory endorsement, the court must order there to be endorsed on [F314his driving recordF314] particulars of the conviction and also—

(a)if the court orders him to be disqualified, particulars of the disqualification, or

(b)if the court does not order him to be disqualified—

(i)particulars of the offence, including the date when it was committed, and

(ii)the penalty points to be attributed to the offence.

(2)Where the court does not order the person convicted to be disqualified, it need not make an order under subsection (1) above if for special reasons it thinks fit not to do so.

(3)In relation to Scotland, references in this section to the court include the [F315justice of the peace courtF315] .

F316 (3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)This section is subject to section 48 of this Act.

Definitions used in section 44 3

driving record

(1) In this Act “driving record”, in relation to a person, means a record in relation to the person maintained by the Secretary of State and designed to be endorsed with particulars relating to offences committed by the person under the Traffic Acts.

Defined in s.97A(1) · see it in the full Act
disqualified

“disqualified” means disqualified for holding or obtaining a licence and “disqualification” is to be construed accordingly,

Defined in s.98(1) · see it in the full Act
disqualification

“disqualified” means disqualified for holding or obtaining a licence and “disqualification” is to be construed accordingly,

Defined in s.98(1) · see it in the full Act

Cases considering section 44 9

REGINA v JASON BRIAN WOOD

[2022] EWCA Crim 1016 · 5 July 2022

The court applied section 44, together with section 28, to require endorsement of penalty points for driving without insurance and without a licence after the disqualification order was quashed. It ordered seven points (see para [34]).

R v David Chorlton

[2022] EWCA Crim 934 · 26 May 2022

Together with sections 28(4) and 34(2), section 44 formed part of the statutory effect requiring penalty points or discretionary disqualification for an earlier summary offence. (see paras [40]-[41])

Usaceva, R. v

[2015] EWCA Crim 166 · 6 February 2015Interprets

Section 44(1) was interpreted as requiring endorsement of the conviction and disqualification where disqualification was ordered. It required endorsement of offence particulars and penalty points only where disqualification was not ordered. The additional penalty-points order was therefore quashed. (see paras [14]; [15])

What each judgment says about section 44 is in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F313S. 44 heading substituted (1.4.2009) by Road Safety Act 2006 (c. 49), ss. 9(2)(b), 61(1)(8)(10); S.I. 2008/3164, art. 4(b)
  2. F314Words in s. 44(1) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), ss. 10(2)(a), 61(1)(10) (with s. 61(3)); S.I. 2015/560, art. 3(a) (with arts. 4-9)
  3. F315Words in s. 44(3) substituted (S.) (10.3.2008 for specified purposes, 2.6.2008 for specified purposes, 8.12.2008 for specified purposes, 23.2.2009 for specified purposes, 14.12.2009 for specified purposes, 22.2.2010 in so far as not already in force) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), s. 84(1), sch. para. 7(d); S.S.I. 2008/42, art. 3, sch.; S.S.I. 2008/192, art. 3, sch.; S.S.I. 2008/329, art. 3, sch.; S.S.I. 2008/362, art. 3, sch.; S.S.I. 2009/432, art. 3, sch. 1, sch. 2
  4. F316S. 44(3A) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), ss. 10(2)(b), 61(1)(10), Sch. 7(4) (with s. 61(3)); S.I. 2015/560, art. 3 (with arts. 4-9)

Modifications

  1. C71S. 44: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2, Sch.).