Introductory Text
PART I INTRODUCTORY
1.Title and commencement
2.General interpretation
3.Meaning of “offence involving obligatory endorsement”
4.Meaning of “offence involving obligatory disqualification” and “offence involving discretionary disqualification”
4A.Meaning of “driving record”
PART II TRIAL
Introductory
5.Requirement of warning etc. of prosecutions for certain offences
6.Requirement of warning etc: supplementary
7.Restriction on institution of proceedings for certain offences
8.Jurisdiction in prosecutions under Articles 56 and 81(1) of the Order of 1981
9.Power to join in indictment counts for certain summary offences
10.Time within which summary proceedings for certain offences must be commenced
11.Duty of accused to provide licence
12.Duty to include date of birth and sex in written plea of guilty
Trial
13.Mode of trial
14.Evidence by certificate as to driver, user or owner
15.Proof, in summary proceedings, of identity of driver of vehicle
16.Admissibility of records as evidence
17.Use of records kept by operators of goods vehicles
18.Use of specimens in proceedings for an offence under Articles 14 to 16 of the Order of 1995
19.Documentary evidence as to specimens in such proceedings
20.Provisions as to proceedings for certain offences in connection with the construction and use of vehicles and equipment
21.Evidence of declaration for obtaining licence
22.Evidence by certificate as to registration etc. of driving instructors
23.Speeding offences etc: admissibility of certain evidence
24.Notification of disability
25.Saving as to offence provisions etc.
26.Alternative verdicts
27.Information as to date of birth and sex
28.Interim disqualification
PART III SENTENCE
Introductory
29.Production of licence
30.Penalty points to be attributed to an offence
31.Penalty points to be taken into account on conviction
32.Penalty points: modification where fixed penalty also in question
32A.Reduced penalty points for attendance on course
32B.Certificates of completion of courses
32C.Approval of courses
32D.Courses in Great Britain
32E.Provisions supplementary to Articles 32A to 32D
33.Court may take particulars endorsed into consideration
Fine and imprisonment
34.Fine and imprisonment
Disqualification
35.Disqualification for certain offences
36.Reduced disqualification period for attendance on courses
37.Certificates of completion of courses
37A.Approval of courses
37B.Courses in Great Britain
38.Provisions supplementary to Articles 36 and 37
38A.Reduced disqualification period: alcohol ignition interlock programme orders
38B.Certificates of failing fully to participate
38C.Approval of programmes
38D.Programmes in Great Britain
38E.Provisions supplementary to Articles 38A to 38D
39.Experimental period for Article 36
40.Disqualification for repeated offences
40A.Extension of disqualification where custodial sentence also imposed
40B.Effect of custodial sentence in other cases
41.Disqualification until test is passed
42.Effect of order of disqualification
43.Appeal against disqualification
44.Suspension of disqualification pending appeal
45.Power of appellate courts to suspend disqualification
46.Suspension of disqualification pending determination of applications under Article 37
46A.Suspension of certificate pending determination of applications under Article 38B
47.Removal of disqualification
48.Rule for determining end of period of disqualification
Endorsement
49.Endorsement of licences
49A.Endorsement of driving record in accordance with order
50.Effect of endorsement of counterparts
50A.Effect of endorsement of driving records
General
51.Combination of disqualification and endorsement with probation orders and orders for discharge
52.Supplementary provisions as to disqualifications and endorsements
53.Exemption from disqualification and endorsement for certain construction and use offences
54.Offender escaping consequences of endorsable offence by deception
PART IV FIXED PENALTIES
Introductory
55.Interpretation of this Part
56.Expressions defined in this Part
57.Fixed penalty offences
58.Fixed penalty notices
59.Amount of fixed penalty
Giving notices to suspected offenders
60.Notices on-the-spot etc.
61.Effect of fixed penalty notice given under Article 60
62.Licence receipts
63.Endorsement of counterparts without hearings
63A.Endorsement of driving records without hearings
64.Effect of endorsement of counterpart without hearing
64A.Effect of endorsement of driving record without hearing
65.Notification of court and date of trial
66.Fixed penalty notice mistakenly given to licence holder: exclusion of fixed penalty procedures
66A.Fixed penalty notice mistakenly given to unlicensed person: exclusion of fixed penalty procedures
Notices fixed to vehicles
67.Fixing notices to vehicles
68.Service of notice to owner if penalty not paid
69.Enforcement or proceedings against owner
70.Restrictions on proceedings against owner and others
71.Hired vehicles
72.False statements in response to notices to owner
73.“Owner”, “statutory statement” and “official form”
The fixed penalty procedure
74.Payment of penalty
75.Registration certificates
76.Registration of sums payable in default
77.Notices on-the-spot etc.: when registration and endorsement invalid
78.Notices fixed to vehicles: when registration invalid
79.Provisions supplementary to Articles 77 and 78
Conditional offer of fixed penalty
80.Issue of conditional offer
81.Effect of offer and payment of penalty
82.Endorsement of counterparts where penalty paid
82A.Endorsement of driving records where penalty paid
Proceedings in fired penalty cases
83.General restriction on proceedings
84.Statements by constables
85.Certificates about payment
86.Documents signed by the accused
Miscellaneous
87.Powers of court in cases of deception
88.Regulations for the purposes of this Part
88A.Notices to Department
89.Service of documents
90.Functions of traffic wardens
91.Procedure for making regulations and orders under this Part
PART IVA FINANCIAL PENALTY DEPOSITS
91A.Interpretation of this Part
91B.Power to impose financial penalty deposit requirement
91C.Financial penalty deposit requirement
91D.Making of payment in compliance with requirement
91E.Prohibition on driving on failure to make payment
91F.Orders about financial penalty deposits
PART 4B Courses offered as alternative to prosecution
91G.Power to charge fees
91H.Power to prevent courses being offered for repeat offences
91I.Further provision about regulations under this Part
PART V MISCELLANEOUS AND GENERAL
92.Penalty for breach of regulations
92ZA.Application to Great Britain licence holders
92ZB.Effect of endorsement on Great Britain licence holders
92A.Application to Community licence holders
92B.Effect of endorsement on Community licence holders
93.Application to Crown
94.Proceedings in respect of offences committed in connection with Crown vehicles
95.Application of certain provisions of Order to trolley vehicles
96.Transitional provisions and savings
Article 97—Amendments and repeals
SCHEDULES
SCHEDULE 1
PROSECUTION AND PUNISHMENT OF OFFENCES
PART I OFFENCES UNDER THE ROAD TRAFFIC ORDERS
PART II OTHER OFFENCES
SCHEDULE 2
STATUTORY STATEMENTS
PART I STATUTORY STATEMENT OF OWNERSHIP OR HIRING
1.(1) or the purposes of Part IV of this Order,...
2.(1) For the purposes of Part IV of this Order,...
PART II STATUTORY STATEMENT OF FACTS
3.(1) For the purposes of Part IV of this Order,...