Road Traffic Offenders Act 1988

Part III E+W+S Fixed Penalties

Modifications etc. (not altering text)

C1 Pt. III (ss. 51–90) amended by (E.W.) S.I. 1990/335, art. 2(1) and (S.) S.I. 1990/466, art. 2(1)

Pt. III (ss. 51-90) amended (1.8.1999) by S.I. 1999/1851, art. 2(1)

C2 Definition in Pt. III (ss. 51-90) applied (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 18(7)(b), 101(1) (with Sch. 12 para. 6); S.I. 1992/333, art. 2(2), Sch.2

Introductory E+W+S

51 Fixed penalty offences. E+W+S

(1) Any offence in respect of a vehicle under an enactment specified in column 1 of Schedule 3 to this Act is a fixed penalty offence for the purposes of this Part of this Act, but subject to subsection (2) below and to any limitation or exception shown against the enactment in column 2 (where the general nature of the offence is also indicated).

(2) An offence under an enactment so specified is not a fixed penalty offence for those purposes if it is committed by causing or permitting a vehicle to be used by another person in contravention of any provision made or restriction or prohibition imposed by or under any enactment.

(3) The Secretary of State may by order provide for offences to become or (as the case may be) to cease to be fixed penalty offences for the purposes of this Part of this Act, and may make such modifications of the provisions of this Part of this Act as appear to him to be necessary forthe purpose.

52 Fixed penalty notices. E+W+S

(1) In this Part of this Act “fixed penalty notice” means a notice offering the opportunity of the discharge of any liability to conviction of the offence to which the notice relates by payment of a fixed penalty in accordance with this Part of this Act.

(2) A fixed penalty notice must give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence.

(3) A fixed penalty notice must state—

(a) the period during which, by virtue of section 78(1) of this Act, proceedings cannot be brought against any person for the offence to which the notice relates, being the period of twenty-one days following the date of the notice or such longer period (if any) as may be specified in the notice (referred to in this Part of this Act as the “suspended enforcement period”),

(b) the amount of the fixed penalty, and

(c) [F1 the person to] whom and the address at which the fixed penalty may be paid.

F2 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 52(3)(c) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 2; S.I. 2008/3164, art. 3(b)

F2 S. 52(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14

F3 [53 Amount of fixed penalty. E+W+S

(1) The fixed penalty for an offence is—

(a) such amount as the Secretary of State may by order prescribe, or

(b) one half of the maximum amount of the fine to which a person committing that offence would be liable on summary conviction,

whichever is the less.

[F4 (2) Any order made under subsection (1)(a) above in relation to an offence may make provision for the fixed penalty for the offence to be different depending on the circumstances, including (in particular)—

(a) the nature of the contravention or failure constituting the offence,

(b) how serious it is,

(c) the area, or sort of place, where it takes place, and

(d) whether the offender appears to have committed any offence or offences of a description specified in the order during a period so specified.]]

Textual Amendments

F3 S. 53 substituted (1.4.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para.102; S.I. 1992/199, arts. 3(2)(b), 4; but see S.I.1992/435 for an expressed substitution (S.) (1.4.1992) of penalties in the previous form of s. 53

F4 S. 53(2) substituted (5.1.2009) by Road Safety Act 2006 (c. 49), ss. 3(2), 61(1)(10) (with s. 61(3)); S.I. 2008/3164, art. 2(a)

Giving notices to suspected offenders E+W+S

54 Notices on-the-spot [F5 etc.]. E+W+S

(1) This section applies where [F6 in England and Wales] on any occasion a constable in uniform [F7 , or a vehicle examiner who produces his authority,] has reason to believe that a person he finds is committing or has on that occasion committed a fixed penalty offence.

(2) Subject to subsection (3) below, the constable [F8 or vehicle examiner] may give him a fixed penalty notice in respect of the offence.

(3) Where the offence appears to the constable [F9 or vehicle examiner] to involve obligatory endorsement, the constable [F9 or vehicle examiner] may only give him a fixed penalty notice under subsection (2) above in respect of the offence if—

(a) he produces his licence [F10 and its counterpart] for inspection by the constable [F9 or vehicle examiner],

(b) the constable [F9 or vehicle examiner] is satisfied, on inspecting the licence [F10 and its counterpart], that he would not be liable to be disqualified under section 35 of this Act if he were convicted of that offence, and

(c) he surrenders his licence [F10 and its counterpart] to the constable [F9 or vehicle examiner] to be retained and dealt with in accordance with this Part of this Act.

(4) Where—

(a) the offence appears to the constable [F11 or vehicle examiner] to involve obligatory endorsement, and

(b) the person concerned does not produce his licence [F12 and its counterpart] for inspection by the constable [F11 or vehicle examiner],

the constable [F11 or vehicle examiner] may give him a notice stating that if [F13 he delivers] the notice together with his licence [F14 and its counterpart] in [F15 accordance with subsection (4A) below] and the requirements of subsection (5)(a) and (b) below are met he will then be given a fixed penalty notice in respect of the offence.

[F16 (4A) Delivery must—

(a) if the notice is given by a constable, be made in person, within seven days after the notice is given, to a constable or authorised person at the police station specified in the notice (being a police station chosen by the person concerned), or

(b) if the notice is given by a vehicle examiner, be made (either by post or in person), within fourteen days after the notice is given, to the Secretary of State at the place specified in the notice.]

(5) If a person to whom a notice has been given under subsection (4) above [F17 delivers] the notice together with his licence [F18 and its counterpart] in [F19 accordance with subsection (4A) above] and the following requirements are met, that is—

(a) the [F20 person to whom the notice under subsection (4) above is delivered] is satisfied, on inspecting the licence [F21 and its counterpart], that he would not be liable to be disqualified under section 35 of this Act if he were convicted of the offence, and

(b) F22 ... his licence [F23 and its counterpart] [F24 are delivered] to be retained and dealt with in accordance with this Part of this Act,

the [F20 person to whom the notice under subsection (4) above is delivered] must give him a fixed penalty notice in respect of the offence to which the notice under subsection (4) above relates.

(6) A notice under subsection (4) above shall give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence.

(7) A licence [F25 and a counterpart of a licence] surrendered [F26 or delivered] in accordance with this section must be sent to the fixed penalty clerk [F27 if the fixed penalty notice was given by a constable or authorised person].

F28 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) In this Part of this Act “authorised person”, in relation to a fixed penalty notice given at a police station, means a person authorised for the purposes of this section by or on behalf of the chief officer of police for the area in which the police station is situated [F29 or a person authorised for those purposes by or on behalf of the chief constable of the British Transport Police].

F30 [(10) In determining for the purposes of subsections (3)(b) and (5)(a) above whether a person convicted of an offence would be liable to disqualification under section 35, it shall be assumed, in the case of an offence in relation to which a range of numbers is shown in the last column of Part I of Schedule 2 to this Act, that the number of penalty points to be attributed to the offence would be the lowest in the range.]

Textual Amendments

F5 Word in s. 54 heading substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(9); S.I. 2008/3164, art. 3(b)

F6 Words in s. 54(1) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 103(2); S.I. 1992/1286, art. 2, Sch.

F7 Words in s. 54(1) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(2); S.I. 2008/3164, art. 3(b)

F8 Words in s. 54(2) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(3); S.I. 2008/3164, art. 3(b)

F9 Words in s. 54(3) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(4); S.I. 2008/3164, art. 3(b)

F10 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(a)

F11 Words in s. 54(4) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(5)(a); S.I. 2008/3164, art. 3(b)

F12 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(b)(i)

F13 Words in s. 54(4) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(5)(b); S.I. 2008/3164, art. 3(b)

F14 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(b)(ii)

F15 Words in s. 54(4) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(5)(c); S.I. 2008/3164, art. 3(b)

F16 S. 54(4A) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(6); S.I. 2008/3164, art. 3(b)

F17 Word in s. 54(5) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(7)(a); S.I. 2008/3164, art. 3(b)

F18 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(c)(i)

F19 Words in s. 54(5) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(7)(b); S.I. 2008/3164, art. 3(b)

F20 Words in s. 54(5) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(7)(c); S.I. 2008/3164, art. 3(b)

F21 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(c)(ii)

F22 Words in s. 54(5) repealed (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(7)(d), Sch. 7(2); S.I. 2008/3164, art. 3(b)

F23 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(c)(iii)

F24 Words in s. 54(5) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(7)(e); S.I. 2008/3164, art. 3(b)

F25 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(d)

F26 Words in s. 54(7) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(8)(a); S.I. 2008/3164, art. 3(b)

F27 Words in s. 54(7) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(8)(b); S.I. 2008/3164, art. 3(b)

F28 S. 54(8) repealed (1.7.1992) by Road Traffic Act 1991 (c.40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch., Appendix

F29 Words in s. 54(9) inserted (1.10.2002) by 2002 c. 30, s. 76(2); S.I. 2002/2306, art. 2(d)(vii)

F30 S. 54(10) added (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 103(3); S.I. 1992/1286, art. 2, Sch.

Modifications etc. (not altering text)

C3 S. 54 extended (prosp.) by 2002 c. 30, ss. 41, 108(2)-(5), Sch. 5 para. 1(2)(a)

C4 S. 54 extended (2.12.2002) by 2002 c. 30, s. 38, Sch. 4 para. 1(2)(b); S.I. 2002/2750, art. 2(a)(ii)(a)

55 Effect of fixed penalty notice given under section 54. E+W+S

(1) This section applies where a fixed penalty notice relating to an offence has been given to any person under section 54 of this Act, and references in this section to the recipient are to the person to whom the notice was given.

(2) No proceedings shall be brought against the recipient for the offence to which the fixed penalty notice relates unless before the end of the suspended enforcement period he has given notice requesting a hearing in respect of that offence in the manner specified in the fixed penalty notice.

(3) Where—

(a) the recipient has not given notice requesting a hearing in respect of the offence to which the fixed penalty notice relates in the manner so specified, and

(b) the fixed penalty has not been paid in accordance with this Part of this Act before the end of the suspended enforcement period,

a sum equal to the fixed penalty plus one–half of the amount of that penalty may be registered under section 71 of this Act for enforcement against the recipient as a fine.

56 Licence receipts. E+W+S

(1) A [F31 person] to whom a person surrenders [F32 or delivers] his licence [F33 and its counterpart] on receiving a fixed penalty notice given to him under section 54 of this Act must issue a receipt for the licence [F33 and its counterpart] under this section.

(2) [F34 Where the duty in section 54(7) of this Act applies, the] fixed penalty clerk may, on the application of a person who has surrendered [F35 or delivered] his licence [F36 and its counterpart] in those circumstances, issue a new receipt for [F37 them].

(3) A receipt issued under this section ceases to have effect—

(a) if issued [F38 under subsection (1) above], on the expiration of the period of one month beginning with the date of issue or such longer period as may be prescribed, and

(b) if issued [F39 under subsection (2) above], on such date as he may specify in the receipt,

or, if earlier, on the return of the licence [F40 and its counterpart] to the licence holder.

Textual Amendments

F31 Word in s. 56(1) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 4(2)(a); S.I. 2008/3164, art. 3(b)

F32 Words in s. 56(1) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 4(2)(b); S.I. 2008/3164, art. 3(b)

F33 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 16(a)(i)(ii)

F34 Words in s. 56(2) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 4(3)(a); S.I. 2008/3164, art. 3(b)

F35 Words in s. 56(2) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 4(3)(b); S.I. 2008/3164, art. 3(b)

F36 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 16(b)(i)(ii)

F37 Word substituted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 16(b)(i)(ii)

F38 Words in s. 56(3) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 4(4)(a); S.I. 2008/3164, art. 3(b)

F39 Words in s. 56(3) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 4(4)(b); S.I. 2008/3164, art. 3(b)

F40 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 16(c)

57 Endorsement of licences without hearings. E+W+S

(1) Subject to subsection (2) below, where a person (referred to in this section as “the licence holder”) [F41 has been given a fixed penalty notice under section 54 of this Act in respect of an offence involving obligatory endorsement,] [F42 the counterpart of] his licence may be endorsed in accordance with this section without any order of a court.

(2) [F43 The counterpart of] A person’s licence may not be endorsed under this section if at the end of the suspended enforcement period—

(a) he has given notice, in the manner specified in the fixed penalty notice, requesting a hearing in respect of the offence to which the fixed penalty notice relates, and

(b) the fixed penalty has not been paid in accordance with this Part of this Act.

(3) On the payment of the fixed penalty before the end of the suspended enforcement period, the [F44 person to whom it is paid] must endorse the relevant particulars on the [F45 counterpart of the] licence and return it [F45 together with the licence] to the licence holder.

(4) Where any sum determined by reference to the fixed penalty is registered under section 71 of this Act for enforcement against the licence holder as a fine, the [F46 person to whom the fixed penalty is required to be paid] must endorse the relevant particulars on the [F45 counterpart of the] licence and return it [F45 together with the licence] to the licence holder—

(a) if he is himself [F47 the person] who registers that sum, on the registration of that sum, and

(b) in any other case, on being notified of the registration by [F47 the person] who registers that sum.

(5) References in this section to the relevant particulars are to—

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

(b) the number of penalty points to be attributed to the offence.

(6) [F48 Where the endorsement of] [F49 the counterpart of] a person’s licence under this section [F50 is made by the fixed penalty clerk,] the fixed penalty clerk must send notice of the endorsement and of the particulars endorsed to the Secretary of State.

[F51 (7) Subsections (3) and (4) above are subject to section 2(4)(a) of and paragraph 7(4)(a) of Schedule 1 to the Road Traffic (New Drivers) Act 1995; and the fixed penalty clerk need not comply with subsection (6) above in a case where he sends a person’s licence and its counterpart to the Secretary of State under section 2(4)(b) of or paragraph 7(4)(b) of Schedule 1 to that Act.]

Textual Amendments

F41 Words in s. 57(1) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 5(2); S.I. 2008/3164, art. 3(b)

F42 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 17(a)(i)(ii)

F43 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 17(b)

F44 Words in s. 57(3) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 5(3); S.I. 2008/3164, art. 3(b)

F45 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 17(c)(i)(ii)

F46 Words in s. 57(4) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 5(4)(a); S.I. 2008/3164, art. 3(b)

F47 Words in s. 57(4) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 5(4)(b); S.I. 2008/3164, art. 3(b)

F48 Words in s. 57(6) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 5(5)(a); S.I. 2008/3164, art. 3(b)

F49 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 17(d)

F50 Words in s. 57(6) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 5(5)(b); S.I. 2008/3164, art. 3(b)

F51 S. 57(7) inserted (1.6.1997) by 1995 C. 13, s. 10(4), Sch. 2 para. 5; S.I. 1997/267, art. 2(2)

Modifications etc. (not altering text)

C5 S. 57(3)(4) restricted (1.6.1997) by 1995 c. 13, s. 2(4)(a), Sch. 1 Pt. IV, para. 7(4)(a); S.I. 1997.267, art. 2(2)

58 Effect of endorsement without hearing. E+W+S

(1) Where [F52 the counterpart of] a person’s licence is endorsed under section 57 of this Act he shall be treated for the purposes of sections 13(4), 28, 29 and 45 of this Act and of the M1 Rehabilitation of Offenders Act 1974 as if—

(a) he had been convicted of the offence,

(b) the endorsement had been made in pursuance of an order made on his conviction by a court under section 44 of this Act, and

(c) the particulars of the offence endorsed by virtue of section 57(5)(a) of this Act were particulars of his conviction of that offence.

(2) In relation to any endorsement of [F53 the counterpart of] a person’s licence under section 57 of this Act—

(a) the reference in section 45(4) of this Act to the order for endorsement, and

(b) the references in section 13(4) of this Act to any order made on a person’s conviction,

are to be read as references to the endorsement itself.

Textual Amendments

F52 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 18(a)

F53 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 18(b)

Marginal Citations

M1 1974 c. 53.

Prospective

F54 59 Notification of court and date of trial in England and Wales. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F54 S. 59 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14

F55 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F55 S. 60 repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch.8; S.I. 1992/1286, art. 2, Sch.Appendix

Modifications etc. (not altering text)

C6 S. 60 expressed to be amended (1.4.1996) by 1995 c. 40, s. 5, Sch. 4 para. 71(8)(a)(b)(c)(i)(ii)

61 Fixed penalty notice mistakenly given: exclusion of fixed penalty procedures. E+W+S

(1) This section applies where, on inspection of a licence [F56 and its counterpart] [F57 surrendered or delivered under section 54] of this Act, it appears to the fixed penalty clerk [F58 or the Secretary of State] that the person whose licence it is would be liable to be disqualified under section 35 of this Act if he were convicted of the offence in respect of which the fixed penalty notice was given.

(2) The F59 ... [F60 counterpart of the] licence [F61 must not be endorsed] under section 57 of this Act but [F62 if it was sent to the fixed penalty clerk he] must instead send it [F60 together with the licence] to the chief officer of police.

(3) Nothing in this Part of this Act prevents proceedings being brought in respect of the offence in respect of which the fixed penalty notice was given where those proceedings are commenced before the end of the period of six months beginning with the date on which that notice was given.

(4) Where proceedings in respect of that offence are commenced before the end of that period, the case is from then on to be treated in all respects as if no fixed penalty notice had been given in respect of the offence.

(5) Accordingly, where proceedings in respect of that offence are so commenced, any action taken in pursuance of any provision of this Part of this Act by reference to that fixed penalty notice shall be void (including, but without prejudice to the generality of the preceding provision—

(a) the registration under section 71 of this Act of any sum, determined by reference to the fixed penalty for that offence, for enforcement against the person whose licence it is as a fine, and

(b) any proceedings for enforcing payment of any such sum within the meaning of sections 73 and 74 of this Act (defined in section 74(5))).

F63 [(6) In determining for the purposes of subsection (1) above whether a person convicted of an offence would be liable to disqualification under section 35, it shall be assumed, in the case of an offence in relation to which a range of numbers is shown in the last column of Part I of Schedule 2 to this Act, that the number of penalty points to be attributed to the offence would be the lowest in the range.]

Textual Amendments

F56 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 19(a)

F57 Words in s. 61(1) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 6(2)(a); S.I. 2008/3164, art. 3(b)

F58 Words in s. 61(1) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 6(2)(b); S.I. 2008/3164, art. 3(b)

F59 Words in s. 61(2) repealed (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 6(3)(a), Sch. 7(2); S.I. 2008/3164, art. 3(b)

F60 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 19(b)(i)(ii)

F61 Words in s. 61(2) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 6(3)(b); S.I. 2008/3164, art. 3(b)

F62 Words in s. 61(2) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 6(3)(c); S.I. 2008/3164, art. 3(b)

F63 S. 61(6) added (1.7.1992) by Road Traffic Act 1991 (c.40, SIF 107:1), s. 48, Sch. 4 para.104; S.I. 1992/1286, art. 2,Sch.

Notices fixed to vehicles E+W+S

62 Fixing notices to vehicles. E+W+S

(1) Where on any occasion a constable [F64 or a vehicle examiner] has reason to believe in the case of any stationary vehicle that a fixed penalty offence is being or has on that occasion been committed in respect of it, he may fix a fixed penalty notice in respect of the offence to the vehicle unless the offence appears to him to involve obligatory endorsement.

(2) A person is guilty of an offence if he removes or interferes with any notice fixed to a vehicle under this section, unless he does so by or under the authority of the driver or person in charge of the vehicle or the person liable for the fixed penalty offence in question.

Textual Amendments

F64 Words in s. 62(1) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 7; S.I. 2008/3164, art. 3(b)

63 Service of notice to owner if penalty not paid. E+W+S

(1) This section applies where a fixed penalty notice relating to an offence has been fixed to a vehicle under section 62 of this Act.

(2) Subject to subsection (3) below, if at the end of the suspended enforcement period the fixed penalty has not been paid in accordance with this Part of this Act, a notice under this section may be served by or on behalf of the [F65 relevant person] on any person who appears to him (or to any person authorised to act on his behalf for the purposes of this section) to be the owner of the vehicle.

Such a notice is referred to in this Part of this Act as a “notice to owner”.

[F66 (2A) In this section “the relevant person” means—

(a) if the fixed penalty notice was fixed by a constable, the chief officer of police, and

(b) if it was fixed by a vehicle examiner, the Secretary of State.]

(3) Subsection (2) above does not apply where before the end of the suspended enforcement period—

(a) any person has given notice requesting a hearing in respect of the offence in the manner specified in the fixed penalty notice, and

(b) the notice so given contains a statement by that person to the effect that he was the driver of the vehicle at the time when the offence is alleged to have been committed.

That time is referred to in this Part of this Act as the “time of the alleged offence”.

(4) A notice to owner—

(a) must give particulars of the alleged offence and of the fixed penalty concerned,

(b) must state the period allowed for response to the notice, and

(c) must indicate that, if the fixed penalty is not paid before the end of that period, the person on whom the notice is served is asked to provide before the end of that period to the [F67 relevant person] a statutory statement of ownership (as defined in Part I of Schedule 4 to this Act).

(5) For the purposes of this Part of this Act, the period allowed for response to a notice to owner is the period of twenty-one days from the date on which the notice is served, or such longer period (if any) as may be specified in the notice.

(6) A notice to owner relating to any offence must indicate that the person on whom it is served may, before the end of the period allowed for response to the notice, either—

(a) give notice requesting a hearing in respect of the offence in the manner indicated by the notice, or

(b) if—

(i) he was not the driver of the vehicle at the time of the alleged offence, and

(ii) a person purporting to be the driver wishes to give notice requesting a hearing in respect of the offence,

provide, together with a statutory statement of ownership provided as requested in that notice, a statutory statement of facts (as defined by Part II of Schedule 4 to this Act) having the effect referred to in paragraph 3(2) of that Schedule (that is, as a notice requesting a hearing in respect of the offence given by the driver).

(7) In any case where a person on whom a notice to owner relating to any offence has been served provides a statutory statement of facts in pursuance of subsection (6)(b) above—

(a) any notice requesting a hearing in respect of the offence that he purports to give on his own account shall be of no effect, and

(b) no sum may be registered for enforcement against him as a fine in respect of the offence unless, within the period of two months immediately following the period allowed for response to the notice to owner, no summons or, in Scotland, complaint in respect of the offence in question is served on the person identified in the statement as the driver.

Textual Amendments

F65 Words in s. 63(2) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 8(2); S.I. 2008/3164, art. 3(b)

F66 S. 63(2A) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 8(3); S.I. 2008/3164, art. 3(b)

F67 Words in s. 63(4)(c) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 8(4); S.I. 2008/3164, art. 3(b)

64 Enforcement or proceedings against owner. E+W+S

(1) This section applies where—

(a) a fixed penalty notice relating to an offence has been fixed to a vehicle under section 62 of this Act,

(b) a notice to owner relating to the offence has been served on any person under section 63(2) of this Act before the end of the period of six months beginning with the day on which the fixed penalty notice was fixed to the vehicle, and

(c) the fixed penalty has not been paid in accordance with this Part of this Act before the end of the period allowed for response to the notice to owner.

(2) Subject to subsection (4) below and to section 63(7)(b) of this Act, a sum equal to the fixed penalty plus one-half of the amount of that penalty may be registered under section 71 of this Act for enforcement against the person on whom the notice to owner was served as a fine.

(3) Subject to subsection (4) below and to section 65 of this Act, proceedings may be brought in respect of the offence against the person on whom the notice to owner was served.

(4) If the person on whom the notice to owner was served—

(a) was not the owner of the vehicle at the time of the alleged offence, and

(b) provides a statutory statement of ownership to that effect in response to the notice before the end of the period allowed for response to the notice,

he shall not be liable in respect of the offence by virtue of this section nor shall any sum determined by reference to the fixed penalty for the offence be so registered by virtue of this section for enforcement against him as a fine.

(5) Subject to subsection (6) below—

(a) for the purposes of the institution of proceedings by virtue of subsection (3) above against any person on whom a notice to owner has been served, and

(b) in any proceedings brought by virtue of that subsection against any such person,

it shall be conclusively presumed (notwithstanding that that person may not be an individual) that he was the driver of the vehicle at the time of the alleged offence and, accordingly, that acts or omissions of the driver of the vehicle at that time were his acts or omissions.

(6) That presumption does not apply in any proceedings brought against any person by virtue of subsection (3) above if, in those proceedings, it is proved that at the time of the alleged offence the vehicle was in the possession of some other person without the consent of the accused.

(7) Where—

(a) by virtue of subsection (3) above proceedings may be brought in respect of an offence against a person on whom a notice to owner was served, and

(b) section 74(1) of this Act does not apply,

section 127(1) of the M2 Magistrates’ Courts Act 1980 (information must be laid within six months of time offence committed) and [F68 section 136(1) of the Criminal Procedure (Scotland) Act 1995] (proceedings must be commenced within six months of that time) shall have effect as if for the reference to six months there were substituted a reference to twelve months.

Textual Amendments

F68 Words in s. 64(7) substituted (1.4.1996) by 1995 c. 40, s. 5, Sch. 4 para. 71(9)

Marginal Citations

M2 1980 c. 43.

65 Restrictions on proceedings against owner and others. E+W+S

(1) In any case where a notice to owner relating to an offence may be served under section 63 of this Act, no proceedings shall be brought in respect of the offence against any person other than a person on whom such a notice has been served unless he is identified as the driver of the vehicle at the time of the alleged offence in a statutory statement of facts provided in pursuance of section 63(6)(b) of this Act by a person on whom such a notice has been served.

(2) Proceedings in respect of an offence to which a notice to owner relates shall not be brought against the person on whom the notice was served unless, before the end of the period allowed for response to the notice, he has given notice, in the manner indicated by the notice to owner, requesting a hearing in respect of the offence.

(3) Proceedings in respect of an offence to which a notice to owner relates may not be brought against any person identified as the driver of the vehicle in a statutory statement of facts provided in response to the notice if the fixed penalty is paid in accordance with this Part of this Act before the end of the period allowed for response to the notice.

(4) Once any sum determined by reference to the fixed penalty for an offence has been registered by virtue of section 64 of this Act under section 71 for enforcement as a fine against a person on whom a notice to owner relating to that offence has been served, no proceedings shall be brought against any other person in respect of that offence.

66 Hired vehicles. E+W+S

(1) This section applies where—

(a) a notice to owner has been served on a vehicle-hire firm,

(b) at the time of the alleged offence the vehicle in respect of which the notice was served was let to another person by the vehicle-hire firm under a hiring agreement to which this section applies, and

(c) within the period allowed for response to the notice the firm provides the [F69 relevant person] with the documents mentioned in subsection (2) below.

(2) Those documents are a statement on an official form, signed by or on behalf of the firm, stating that at the time of the alleged offence the vehicle concerned was hired under a hiring agreement to which this section applies, together with—

(a) a copy of that hiring agreement, and

(b) a copy of a statement of liability signed by the hirer under that hiring agreement.

(3) In this section a “statement of liability” means a statement made by the hirer under a hiring agreement to which this section applies to the effect that the hirer acknowledges that he will be liable, as the owner of the vehicle, in respect of any fixed penalty offence which may be committed with respect to the vehicle during the currency of the hiring agreement and giving such information as may be prescribed.

(4) In any case where this section applies, sections 63, 64 and 65 of this Act shall have effect as if—

(a) any reference to the owner of the vehicle were a reference to the hirer under the hiring agreement, and

(b) any reference to a statutory statement of ownership were a reference to a statutory statement of hiring,

and accordingly references in this Part of this Act (with the exceptions mentioned below) to a notice to owner include references to a notice served under section 63 of this Act as it applies by virtue of this section.

This subsection does not apply to references to a notice to owner in this section or in section 81(2)(b) of or Part I of Schedule 4 to this Act.

(5) In any case where this section applies, a person authorised in that behalf by the [F70 person] to whom the documents mentioned in subsection (2) above are provided may, at any reasonable time within six months after service of the notice to owner (and on the production of his authority) require the firm to produce the originals of the hiring agreement and statement of liability in question.

(6) If a vehicle-hire firm fails to produce the original of a document when required to do so under subsection (5) above, this section shall thereupon cease to apply (and section 64 of this Act shall apply accordingly in any such case after that time as it applies in a case where the person on whom the notice to owner was served has failed to provide a statutory statement of ownership in response to the notice within the period allowed).

(7) This section applies to a hiring agreement under the terms of which the vehicle concerned is let to the hirer for a fixed period of less than six months (whether or not that period is capable of extension by agreement between the parties or otherwise); and any reference in this section to the currency of the hiring agreement includes a reference to any period during which, with the consent of the vehicle-hire firm, the hirer continues in possession of the vehicle as hirer, after the expiry of the fixed period specified in the agreement, but otherwise on the terms and conditions so specified.

(8) In this section—

• “hiring agreement” refers only to an agreement which contains such particulars as may be prescribed and does not include a hire-purchase agreement within the meaning of the M3 Consumer Credit Act 1974, F71 ...

• [F72 “relevant person” means—

(a) if the fixed penalty notice was fixed by a constable, the chief officer of police by or on whose behalf the notice to owner was served, and

(b) if it was fixed by a vehicle examiner, the Secretary of State, and]

• “vehicle-hire firm” means any person engaged in hiring vehicles in the course of a business.

Textual Amendments

F69 Words in s. 66(1)(c) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 9(2); S.I. 2008/3164, art. 3(b)

F70 Word in s. 66(5) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 9(3); S.I. 2008/3164, art. 3(b)

F71 Word in s. 66(8) repealed (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 7(2); S.I. 2008/3164, art. 3(d)

F72 Words in s. 66(8) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 9(4); S.I. 2008/3164, art. 3(b)

Modifications etc. (not altering text)

C7 Definitions in s. 66 applied (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 82(1); S.I. 1991/2054, art. 3,Sch

Marginal Citations

M3 1974 c. 39.

67 False statements in response to notices to owner. E+W+S

A person who, in response to a notice to owner, provides a statement which is false in a material particular and does so recklessly or knowing it to be false in that particular is guilty of an offence.

68 “Owner”, “statutory statement” and “official form”. E+W+S

(1) For the purposes of this Part of this Act, the owner of a vehicle shall be taken to be the person by whom the vehicle is kept; and for the purposes of determining, in the course of any proceedings brought by virtue of section 64(3) of this Act, who was the owner of a vehicle at any time, it shall be presumed that the owner was the person who was the registered keeper of the vehicle at that time.

(2) Notwithstanding the presumption in subsection (1) above, it is open to the defence in any proceedings to prove that the person who was the registered keeper of a vehicle at a particular time was not the person by whom the vehicle was kept at that time and to the prosecution to prove that the vehicle was kept by some other person at that time.

(3) References in this Part of this Act to statutory statements of any description are references to the statutory statement of that description defined in Schedule 4 to this Act; and that Schedule shall also have effect for the purpose of requiring certain information to be provided in official forms for the statutory statements so defined to assist persons in completing those forms and generally in determining what action to take in response to a notice to owner.

(4) In this Part of this Act “official form”, in relation to a statutory statement mentioned in Schedule 4 to this Act or a statement under section 66(2) of this Act, means a document supplied by or on behalf of a chief officer of police [F73 or the Secretary of State] for use in making that statement.

Textual Amendments

F73 Words in s. 68(4) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 10; S.I. 2008/3164, art. 3(b)

The fixed penalty procedure E+W+S

69 Payment of penalty. E+W+S

(1) [F74 Where a fixed penalty notice has been given or fixed by a constable or authorised person under this Part of this Act, payment of the fixed penalty] must be made to such [F75 designated officer for a magistrates' court] or, in Scotland, clerk of court as may be specified in the fixed penalty notice relating to that penalty.

[F76 (1A) Where a fixed penalty notice has been given or fixed by a vehicle examiner, or given by the Secretary of State, under this Part of this Act, payment of the fixed penalty must be made to the Secretary of State.]

(2) Without prejudice to payment by any other method, payment of a fixed penalty under this Part of this Act may be made by properly addressing, pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) and, unless the contrary is proved, shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(3) A letter is properly addressed for the purposes of subsection (2) above if it is addressed to the fixed penalty clerk [F77 , or the Secretary of State,] at the address specified in the fixed penalty notice relating to the fixed penalty as the address at which the fixed penalty may be paid.

(4) References in this Part of this Act [F78 (except in sections 75 to 77)], in relation to any fixed penalty or fixed penalty notice, to the fixed penalty clerk are references to the [F79 designated officer or] clerk specified in accordance with subsection (1) above in the fixed penalty notice relating to that penalty or (as the case may be) in that fixed penalty notice.

Textual Amendments

F74 Words in s. 69(1) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 11(2); S.I. 2008/3164, art. 3(b)

F75 Words in s. 69(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 315(2); S.I. 2005/910, art. 3(y)

F76 S. 69(1A) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 11(3); S.I. 2008/3164, art. 3(b)

F77 Words in s. 69(3) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 11(4); S.I. 2008/3164, art. 3(b)

F78 Words in s. 69(4) inserted (1.7.1992) by Road Traffic Act 1991 (c.40, SIF 107:1), s. 48, Sch. 4 para. 105; S.I. 1992/1286, art. 2, Sch.

F79 Words in s. 69(4) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 315(3); S.I. 2005/910, art. 3(y)

70 Registration certificates. E+W+S

(1) This section and section 71 of this Act apply where by virtue of section 55(3) or 64(2) of this Act a sum determined by reference to the fixed penalty for any offence may be registered under section 71 of this Act for enforcement against any person as a fine.

In this section and section 71 of this Act—

(a) that sum is referred to as a “sum payable in default”, and

(b) the person against whom that sum may be so registered is referred to as the “defaulter”.

(2) Subject to subsection (3) below, the [F80 relevant person] may in respect of any sum payable in default issue a certificate (referred to in this section and section 71 as a “registration certificate”) stating that the sum is registrable under section 71 for enforcement against the defaulter as a fine.

[F81 (2A) In subsection (2) above “the relevant person” means—

(a) if the fixed penalty notice in question was given or fixed by a constable or given by an authorised person, the chief officer of police, and

(b) if it was given or fixed by a vehicle examiner or given by the Secretary of State, the Secretary of State.]

(3) Where the fixed penalty notice in question was given to the defaulter under section 54 in respect of an offence committed in Scotland—

(a) subsection (2) above does not apply, but

(b) the [F82 appropriate person] must, unless the defaulter appears to him to reside within the jurisdiction of the court of summary jurisdiction of which he is himself the clerk, issue a registration certificate in respect of the sum payable in default.

[F83 (3A) In subsection (3) above “the appropriate person” means—

(a) if the fixed penalty notice in question was given or fixed by a constable or given by an authorised person, the fixed penalty clerk, and

(b) if it was given or fixed by a vehicle examiner or given by the Secretary of State, the Secretary of State.]

(4) Where [F84 a person] issues a registration certificate under this section, he must—

(a) if the defaulter appears to him to reside in England and Wales, cause it to be sent to the [F85 designated officer for the local justice] area in which the defaulter appears to him to reside, and

(b) if the defaulter appears to him to reside in Scotland, cause it to be sent to the clerk of a court of summary jurisdiction for the area in which the defaulter appears to him to reside.

(5) A registration certificate issued under this section in respect of any sum payable in default must—

(a) give particulars of the offence to which the fixed penalty notice relates,

(b) indicate whether registration is authorised under section 55(3) or 64(2) of this Act, and

(c) state the name and last known address of the defaulter and the amount of the sum payable in default.

Textual Amendments

F80 Words in s. 70(2) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 12(2); S.I. 2008/3164, art. 3(b)

F81 S. 70(2A) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 12(3); S.I. 2008/3164, art. 3(b)

F82 Words in s. 70(3) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 12(4); S.I. 2008/3164, art. 3(b)

F83 S. 70(3A) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 12(5); S.I. 2008/3164, art. 3(b)

F84 Words in s. 70(4) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 12(6); S.I. 2008/3164, art. 3(b)

F85 Words in s. 70(4)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 316; S.I. 2005/910, art. 3(y)

71 Registration of sums payable in default. E+W+S

[F86 (1) Where, in England and Wales, [F87 the designated officer for a local justice area] receives a registration certificate issued under section 70 of this Act in respect of any sum payable in default—

(a) if it appears to him that the defaulter resides in a [F88 local justice area for which he is the designated officer], he must register that sum for enforcement as a fine in that area by entering it in the register of a magistrates’ court [F89 acting in] that area,

(b) if it appears to him that the defaulter resides in any [F90 other local justice] area in England and Wales, he must send the certificate to the [F91 designated officer for] that area, or

(c) if it appears to him that the defaulter resides in Scotland, he must send the certificate to the clerk of the court of summary jurisdiction for the area in which the defaulter appears to him to reside.

(2) Where, in Scotland, the clerk of a court receives a registration certificate issued under section 70 of this Act in respect of any sum payable in default—

(a) if it appears to him that the defaulter resides in the area of the court, he must register that sum for enforcement as a fine by that court,

(b) if it appears to him that the defaulter resides in the area of any other court of summary jurisdiction in Scotland, he must send the certificate to the clerk of that court, or

(c) if it appears to him that the defaulter resides in England and Wales, he must send the certificate to the [F92 designated officer for the local justice] area in which the defaulter appears to him to reside.

(2A) Subsections (1) and (2) apply to [F93 officers] and clerks who receive certificates pursuant to the provision they contain as they apply to the original recipients.]

(3) Where—

(a) the fixed penalty notice in question was given to the defaulter under section 54 of this Act in respect of an offence committed in Scotland, and

(b) the defaulter appears to the fixed penalty clerk to reside within the jurisdiction of the court of summary jurisdiction of which he is himself the clerk,

the fixed penalty clerk must register the sum payable in default for enforcement as a fine by that court.

F94 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) On registering any sum under this section for enforcement as a fine, the [F95 designated officer for a local justice] area or, as the case may be, the clerk of a court of summary jurisdiction must give to the defaulter notice of registration—

(a) specifying the amount of that sum, and

(b) giving the information with respect to the offence and the authority for registration included in the registration certificate by virtue of section 70(5)(a) and (b) of this Act or (in a case within subsection (3) above) the corresponding information.

(7) On the registration of any sum in a magistrates’ court or a court of summary jurisdiction by virtue of this section any enactment referring (in whatever terms) to a fine imposed or other sum adjudged to be paid on the conviction of such a court shall have effect in the case in question as if the sum so registered were a fine imposed by that court on the conviction of the defaulter on the date of the registration.

(8) Accordingly, in the application by virtue of this section of the provisions of the M4 Magistrates’ Courts Act 1980 relating to the satisfaction and enforcement of sums adjudged to be paid on the conviction of a magistrates’ court, section 85 of that Act (power to remit a fine in whole or in part) is not excluded by subsection (2) of that section (references in that section to a fine not to include any other sum adjudged to be paid on a conviction) from applying to a sum registered in a magistrates’ court by virtue of this section.

(9) For the purposes of this section, where the defaulter is a body corporate, the place where that body resides and the address of that body are either of the following—

(a) the registered or principal office of that body, and

(b) the address which, with respect to the vehicle concerned, is the address recorded in the record kept under [F96 the Vehicle Excise and Registration Act 1994] as being that body’s address.

Textual Amendments

F86 S. 71(1)-(2A) substituted (1.4.2001) for subsections (1) and (2) by 1999 c. 22, s. 90, Sch. 13 para. 150(2) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F87 Words in s. 71(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 317(2)(a); S.I. 2005/910, art. 3(y)

F88 Words in s. 71(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 317(2)(b); S.I. 2005/910, art. 3(y)

F89 Words in s. 71(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 317(2)(c); S.I. 2005/910, art. 3(y)

F90 Words in s. 71(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 317(2)(d); S.I. 2005/910, art. 3(y)

F91 Words in s. 71(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 317(2)(e); S.I. 2005/910, art. 3(y)

F92 Words in s. 71(2)(c) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 317(3); S.I. 2005/910, art. 3(y)

F93 Word in s. 71(2A) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 317(4); S.I. 2005/910, art. 3(y)

F94 S. 71(4)(5) repealed (1.4.2001) by 1999 c. 22, s. 90, Sch. 15 Pt. V(7) (with s. 107, Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2(c)(ii) (with Sch. 2 para. 2)

F95 Words in s. 71(6) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 317(5); S.I. 2005/910, art. 3(y)

F96 Words in S. 71(9)(b) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66, Sch. 3 para. 25(1) (with s. 57(4))

Marginal Citations

M4 1980 c. 43.

72 Notices on-the-spot [F97 etc.]: when registration and endorsement invalid. E+W+S

(1) This section applies where—

(a) a person who has received notice of the registration, by virtue of section 55(3) of this Act, of a sum under section 71 of this Act for enforcement against him as a fine makes a statutory declaration to the effect mentioned in subsection (2) below, and

(b) that declaration is, within twenty-one days of the date on which the person making it received notice of the registration, served on the [F98 proper officer] of the relevant court.

(2) The statutory declaration must state—

(a) that the person making the declaration was not the person to whom the relevant fixed penalty notice was given, or

(b) that he gave notice requesting a hearing in respect of the alleged offence as permitted by the fixed penalty notice before the end of the suspended enforcement period.

(3) In any case within subsection (2)(a) above, the relevant fixed penalty notice, the registration and any proceedings taken before the declaration was served for enforcing payment of the sum registered shall be void.

(4) Where in any case within subsection (2)(a) above the person to whom the relevant fixed penalty notice was given surrendered [F99 or delivered] a licence [F100 and its counterpart] held by the person making the declaration, any endorsement of [F101 that counterpart] made under section 57 of this Act in respect of the offence in respect of which that notice was given shall be void.

(5) In any case within subsection (2)(b) above—

(a) the registration, any proceedings taken before the declaration was served for enforcing payment of the sum registered, and any endorsement, in respect of the offence in respect of which the relevant fixed penalty notice was given, made under section 57 of this Act before the declaration was served, shall be void, and

(b) the case shall be treated after the declaration is served as if the person making the declaration had given notice requesting a hearing in respect of the alleged offence as stated in the declaration.

(6) The [proper officer] of the relevant court must—

(a) cancel an endorsement of [F102 the counterpart of] a licence under section 57 of this Act that is void by virtue of this section on production of the licence [F102 and its counterpart] to him for that purpose, and

(b) send notice of the cancellation to the Secretary of State.

(7) References in this section to the relevant fixed penalty notice are to the fixed penalty notice relating to the fixed penalty concerned.

Textual Amendments

F97 Word in s. 72 heading substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 13(3); S.I. 2008/3164, art. 3(b)

F98 Words in s. 72(1)(b)(6) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 151 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F99 Words in s. 72(4) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 13(2); S.I. 2008/3164, art. 3(b)

F100 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 20(a)(i)(ii)

F101 Words substituted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 20(a)(i)(ii)

F102 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 20(b)(i)(ii)

73 Notices fixed to vehicles: when registration invalid. E+W+S

(1) This section applies where—

(a) a person who has received notice of the registration, by virtue of section 64(2) of this Act, of a sum under section 71 of this Act for enforcement against him as a fine makes a statutory declaration to the effect mentioned in subsection (2) below, and

(b) that declaration is, within twenty-one days of the date on which the person making it received notice of the registration, served on the [F103 proper officer] of the relevant court.

(2) The statutory declaration must state either—

(a) that the person making the declaration did not know of the fixed penalty concerned or of any fixed penalty notice or notice to owner relating to that penalty until he received notice of the registration, or

(b) that he was not the owner of the vehicle at the time of the alleged offence of which particulars are given in the relevant notice to owner and that he has a reasonable excuse for failing to comply with that notice, or

(c) that he gave notice requesting a hearing in respect of that offence as permitted by the relevant notice to owner before the end of the period allowed for response to that notice.

(3) In any case within subsection (2)(a) or (b) above—

(a) the relevant notice to owner,

(b) the registration, and

(c) any proceedings taken before the declaration was served for enforcing payment of the sum registered,

shall be void but without prejudice, in a case within subsection (2)(a) above, to the service of a further notice to owner under section 63 of this Act on the person making the declaration.

This subsection applies whether or not the relevant notice to owner was duly served in accordance with that section on the person making the declaration.

(4) In any case within subsection (2)(c) above—

(a) no proceedings shall be taken, after the statutory declaration is served until the end of the period of twenty-one days following the date of that declaration, for enforcing payment of the sum registered, and

(b) where before the end of that period a notice is served by or on behalf of [F104 the relevant person] on the person making the declaration asking him to provide a new statutory statement of ownership to [F104 the relevant person] before the end of the period of twenty-one days from the date on which the notice is served, no such proceedings shall be taken until the end of the period allowed for response to that notice.

[F105 (4A) In subsection (4) above “the relevant person” means—

(a) if the fixed penalty notice concerned was fixed by a constable, the fixed penalty clerk, and

(b) if it was fixed by a vehicle examiner, the Secretary of State.]

(5) Where in any case within subsection (2)(c) above—

(a) no notice is served F106 ... in accordance with subsection (4) above, or

(b) F107 ... a notice is so served and the person making the declaration provides a new statutory statement of ownership in accordance with the notice,

then—

(i) the registration and any proceedings taken before the declaration was served for enforcing payment of the sum registered shall be void, and

(ii) the case shall be treated after the time mentioned in subsection (6) below as if the person making the declaration had given notice requesting a hearing in respect of the alleged offence as stated in the declaration.

(6) The time referred to in subsection (5) above is—

(a) in a case within paragraph (a) of that subsection, the end of the period of twenty-one days following the date of the statutory declaration,

(b) in a case within paragraph (b) of that subsection, the time when the statement is provided.

(7) In any case where notice is served F108 ... in accordance with subsection (4) above, [F109 the person by whom it is served] must cause the [F103 proper officer] of the relevant court to be notified of that fact immediately on service of the notice.

(8) References in this section to the relevant notice to owner are to the notice to owner relating to the fixed penalty concerned.

Textual Amendments

F103 Words in s. 73(1)(b)(7) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 151 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F104 Words in s. 73(4) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 14(2); S.I. 2008/3164, art. 3(b)

F105 S. 73(4A) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 14(3); S.I. 2008/3164, art. 3(b)

F106 Words in s. 73(5) repealed (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 14(4)(a), Sch. 7(2); S.I. 2008/3164, art. 3(b)

F107 Word in s. 73(5) repealed (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 14(4)(b), Sch. 7(2); S.I. 2008/3164, art. 3(b)

F108 Words in s. 73(7) repealed (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 14(5)(a), Sch. 7(2); S.I. 2008/3164, art. 3(b)

F109 Words in s. 73(7) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 14(5)(b); S.I. 2008/3164, art. 3(b)

74 Provisions supplementary to sections 72 and 73. E+W+S

(1) In any case within section 72(2)(b) or 73(2) of this Act—

(a) section 127(1) of the M5 Magistrates’ Courts Act 1980 (limitation of time), and

(b) section 331(1) of the M6 Criminal Procedure (Scotland) Act 1975 (statutory offences time limit),

shall have effect as if for the reference to the time when the offence was committed or (as the case may be) the time when the contravention occurred there were substituted a reference to the date of the statutory declaration made for the purposes of section 72(1) or, as the case may be, 73(1).

(2) Where, on the application of a person who has received notice of the registration of a sum under section 71 of this Act for enforcement against him as a fine, it appears to the relevant court (which for this purpose may be composed of a single justice) that it was not reasonable to expect him to serve, within twenty-one days of the date on which he received the notice, a statutory declaration to the effect mentioned in section 72(2) or, as the case may be, 73(2) of this Act, the court may accept service of such a declaration by that person after that period has expired.

(3) A statutory declaration accepted under subsection (2) above shall be taken to have been served as required by section 72(1) or, as the case may be, section 73(1) of this Act.

(4) For the purposes of sections 72(1) and 73(1) of this Act, a statutory declaration shall be taken to be duly served on the [F110 proper officer] of the relevant court if it is delivered to him, left at his office, or sent in a registered letter or by the recorded delivery service addressed to him at his office.

(5) In sections 72, 73 and this section—

(a) references to the relevant court are—

(i) in the case of a sum registered under section 71 of this Act for enforcement as a fine in a [F111 local justice] area in England and Wales, references to any magistrates’ court acting [F112 in that area], and

(ii) in the case of a sum registered under that section for enforcement as a fine by a court of summary jurisdiction in Scotland, references to that court,

[F113 (b) references to the proper officer of the relevant court are—

(i) in the case of a magistrates’ court, references to the [F114 designated officer] for that court, and

(ii) in the case of a court of summary jurisdiction in Scotland, references to the clerk of the court, and]

(c) references to proceedings for enforcing payment of the sum registered are references to any process issued or other proceedings taken for or in connection with enforcing payment of that sum.

(6) For the purposes of sections 72, 73 and this section, a person shall be taken to receive notice of the registration of a sum under section 71 of this Act for enforcement against him as a fine when he receives notice either of the registration as such or of any proceedings for enforcing payment of the sum registered.

(7) Nothing in the provisions of sections 72 or 73 or this section is to be read as prejudicing any rights a person may have apart from those provisions by virtue of the invalidity of any action purportedly taken in pursuance of this Part of this Act which is not in fact authorised by this Part of this Act in the circumstances of the case; and, accordingly, references in those provisions to the registration of any sum or to any other action taken under or by virtue of any provision of this Part of this Act are not to be read as implying that the registration or action was validly made or taken in accordance with that provision.

Textual Amendments

F110 Words in s. 74(4) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 152(2) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F111 Words in s. 74(5) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 318(a); S.I. 2005/910, art. 3(y)

F112 Words in s. 74(5) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 318(b); S.I. 2005/910, art. 3(y)

F113 S. 74(5)(b) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 152(3) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F114 Words in s. 74(5) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 318(c); S.I. 2005/910, art. 3(y)

Marginal Citations

M5 1980 c. 43.

M6 1975 c. 21.

F115 [Conditional offer of fixed penalty E+W+S

Textual Amendments

F115 Ss. 75-77 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s.34; S.I. 1992/1286, art. 2,Sch.

F116 75 Issue of conditional offer. E+W+S

(1) Where in England and Wales—

(a) a constable has reason to believe that a fixed penalty offence has been committed, and

(b) no fixed penalty notice in respect of the offence has been given under section 54 of this Act or fixed to a vehicle under section 62 of this Act,

a notice under this section may be sent to the alleged offender by or on behalf of the chief officer of police [F117 or, if the constable is a member of the British Transport Police, by or on behalf of the chief constable of the British Transport Police.]

[F118 (1A) Where in England and Wales—

(a) a vehicle examiner has reason to believe that a fixed penalty offence has been committed, and

(b) no fixed penalty notice in respect of the offence has been given under section 54 of this Act or fixed to a vehicle under section 62 of this Act,

a notice under this section may be sent to the alleged offender by the Secretary of State.]

(2) Where in Scotland a procurator fiscal receives a report that—

(a) an offence specified in Schedule 3 to this Act has been committed,

(b) an offence specified in Schedule 5 to this Act has been committed,

(c) an offence referred to in paragraph (a) or (b) above has been committed, being an offence of causing or permitting a vehicle to be used by another person in contravention of any provision made or any restriction or prohibition imposed by or under any enactment, or

(d) an offence of aiding, abetting, counselling, procuring or inciting the commission of an offence referred to in this subsection, has been committed,

he may send a notice under this section to the alleged offender.

(3) Where in Scotland, a constable—

(a) on any occasion has reason to believe that a person he finds is committing or has on that occasion committed a fixed penalty offence, he may hand to that person,

(b) in any case has reason to believe that a fixed penalty offence has been committed, he or another person authorised in that respect by the chief constable may send to the alleged offender,

a notice under this section.

[F119 (3A) Where a constable is a constable of the British Transport Police Force subsection (3) shall have effect as if the reference to the chief constable were a reference to the chief constable of that force.]

[F120 (3B) Where in Scotland a vehicle examiner—

(a) on any occasion has reason to believe that a person he finds is committing or has on that occasion committed a fixed penalty offence, he may hand to that person,

(b) in any case has reason to believe that a fixed penalty offence has been committed, he or another person authorised in that respect by the Secretary of State may send to the alleged offender,

a notice under this section.]

(4) Subsections (2) [F121 to (3B)] above shall not apply where a fixed penalty notice has been fixed to a vehicle under section 62 of this Act.

(5) A notice under this section is referred to in this section and sections 76 and 77 as a “conditional offer”.

(6) Where a [F122 conditional offer is issued by a person under subsection (1), (2) or (3) above], he must notify the [F123 designated officer], or in Scotland clerk of court, specified in it of its issue and its terms; and [F124 he] is referred to in this section and sections 76 and 77 as “the fixed penalty clerk”.

(7) A conditional offer must—

(a) give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence,

(b) state the amount of the fixed penalty for that offence, and

(c) state that proceedings against the alleged offender cannot be commenced in respect of that offence until the end of the period of twenty-eight days following the date on which the conditional offer was issued or such longer period as may be specified in the conditional offer.

(8) A conditional offer must indicate that if the following conditions are fulfilled, that is—

(a) within the period of twenty-eight days following the date on which the offer was issued, or such longer period as may be specified in the offer, the alleged offender—

(i) makes payment of the fixed penalty to [F125 the appropriate person], and

(ii) where the offence to which the offer relates is an offence involving obligatory endorsement, at the same time delivers his licence and its counterpart to [F125 the appropriate person], and

(b) where his licence and its counterpart are so delivered, [F125 the appropriate person] is satisfied on inspecting them that, if the alleged offender were convicted of the offence, he would not be liable to be disqualified under section 35 of this Act,

any liability to conviction of the offence shall be discharged.

(9) For the purposes of the condition set out in subsection (8)(b) above, it shall be assumed, in the case of an offence in relation to which a range of numbers is shown in the last column of Part I of Schedule 2 to this Act, that the number of penalty points to be attributed to the offence would be the lowest in the range.

(10) The Secretary of State may by order provide for offences to become or (as the case may be) to cease to be offences in respect of which a conditional offer may be sent under subsection (2)(b) above, and may make such modifications of the provisions of this Part of this Act as appear to him to be necessary for the purpose.

(11) An offence committed by aiding, abetting, counselling, procuring or inciting the commission of an offence which is an offence involving obligatory endorsement is itself an offence involving obligatory endorsement for the purposes of the application of this Part of this Act in Scotland.

[F126 (11A) In this section and sections 76 and 77 of this Act “the appropriate person” means—

(a) where the conditional offer was issued under subsection (1), (2) or (3) above, the fixed penalty clerk, and

(b) where the conditional offer was issued under subsection (1A) or (3B) above, the Secretary of State.]

(12) In relation to licences which came into force before 1st June 1990, the references in subsection (8) above to the counterpart of a licence shall be disregarded.]

Textual Amendments

F116 Ss. 75-77 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 34; S.I. 1992/1286, art. 2, Sch.

F117 Words in s. 75((1) inserted (1.10.2002) by 2002 c. 30, s. 76(3); S.I. 2002/2306 art. 2(d)(vii)

F118 S. 75(1A) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 15(2); S.I. 2008/3164, art. 3(b)

F119 S. 75(3A) inserted (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), s. 69(2); S.I. 2004/1572, art. 3(zz)

F120 S. 75(3B) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 15(3); S.I. 2008/3164, art. 3(b)

F121 Words in s. 75(4) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 15(4); S.I. 2008/3164, art. 3(b)

F122 Words in s. 75(6) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 15(5); S.I. 2008/3164, art. 3(b)

F123 Words in s. 75(6) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 319; S.I. 2005/910, art. 3(y)

F124 Words in s. 75(6) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 153(a)(b) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F125 Words in s. 75(8) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 15(6); S.I. 2008/3164, art. 3(b)

F126 S. 75(11A) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 15(7); S.I. 2008/3164, art. 3(b)

F127 76 Effect of offer and payment of penalty. E+W+S

(1) This section applies where a conditional offer has been [F128 issued] to a person under section 75 of this Act.

[F129 (2) Where the alleged offender makes payment of the fixed penalty in accordance with the conditional offer, no proceedings shall be brought against him for the offence to which the offer relates unless subsection (3) below applies.

(3) This subsection applies where—

(a) it appears to the appropriate person, on inspecting the licence and its counterpart, that the alleged offender would be liable to be disqualified under section 35 of this Act if he were convicted of the offence to which the conditional offer relates,

(b) the appropriate person returns the payment to the alleged offender together with his licence and its counterpart, and

(c) where the appropriate person is not the Secretary of State, the appropriate person gives notice that he has done so to the person required to be notified.

(4) Where the requirements specified in the conditional offer in accordance with sub-paragraphs (i) and (ii) of section 75(8)(a) of this Act have not been fulfilled, no proceedings shall be brought against the alleged offender for the offence to which the offer relates—

(a) until the end of the period of twenty-eight days following the date on which the conditional offer was made, or such longer period as may be specified in the offer, and

(b) where the appropriate person is not the Secretary of State, unless the appropriate person notifies the person required to be notified that proceedings may be brought by virtue of this subsection.

(5) In this section and section 77 of this Act “ the person required to be notified ” means—

(a) if the conditional offer was issued under subsection (1) of section 75 of this Act, the chief officer of police,

(b) if it was issued under subsection (2) of that section, the procurator fiscal, and

(c) if it was issued under subsection (3) of that section, the chief constable or (as the case may be) the chief constable of the British Transport Police Force.]

(6) In determining for the purposes of subsection [F130 (3)(a)] above whether a person convicted of an offence would be liable to disqualification under section 35, it shall be assumed, in the case of an offence in relation to which a range of numbers is shown in the last column of Part I of Schedule 2 to this Act, that the number of penalty points to be attributed to the offence would be the lowest in the range.

(7) In any proceedings a certificate that by a date specified in the certificate payment of a fixed penalty was or was not received by [F131 the appropriate person] shall, if the certificate purports to be signed by [F131 the appropriate person], be evidence, or in Scotland sufficient evidence, of the facts stated.

(8) In relation to licences which came into force before 1st June 1990, the references in subsection [F132 (3)] above to the counterpart of a licence shall be disregarded.

(9) In Scotland, the Secretary of State may by regulations vary the provisions of subsection [F133 (5)(b) or (c)] above.

Textual Amendments

F127 Ss. 75-77 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1) , s. 34 ; S.I. 1992/1286 , art. 2 , Sch.

F128 Word in s. 76(1) substituted (31.3.2009) by Road Safety Act 2006 (c. 49) , s. 61(1) (10) , Sch. 1 para. 16(2) ; S.I. 2008/3164 , art. 3(b)

F129 S. 76(2)-(5) substituted (31.3.2009) by Road Safety Act 2006 (c. 49) , s. 61(1) (10) , Sch. 1 para. 16(3) ; S.I. 2008/3164 , art. 3(b)

F130 Word in s. 76(6) substituted (31.3.2009) by Road Safety Act 2006 (c. 49) , s. 61(1) (10) , Sch. 1 para. 16(4) ; S.I. 2008/3164 , art. 3(b)

F131 Words in s. 76(7) substituted (31.3.2009) by Road Safety Act 2006 (c. 49) , s. 61(1) (10) , Sch. 1 para. 16(5) ; S.I. 2008/3164 , art. 3(b)

F132 Word in s. 76(8) substituted (31.3.2009) by Road Safety Act 2006 (c. 49) , s. 61(1) (10) , Sch. 1 para. 16(6) ; S.I. 2008/3164 , art. 3(b)

F133 Words in s. 76(9) substituted (31.3.2009) by Road Safety Act 2006 (c. 49) , s. 61(1) (10) , Sch. 1 para. 16(7) ; S.I. 2008/3164 , art. 3(b)

F134 77 Endorsement where penalty paid. E+W+S

(1) Where—

(a) in pursuance of a conditional offer a person (referred to in this section as the “licence holder”) makes payment of the fixed penalty to [F135 the appropriate person] and delivers his licence and its counterpart to [F135 the appropriate person], and

[F136 (b) proceedings against the alleged offender for the offence to which the conditional offer relates are excluded by section 76 of this Act,]

the [F137 appropriate person] must forthwith endorse the relevant particulars on the counterpart of the licence and return it to the licence holder together with the licence.

(2) Where [F138 in Scotland it appears to the appropriate person] that there is an error in an endorsement made by virtue of this section on the counterpart of a licence he may amend the endorsement so as to correct the error; and the amended endorsement shall have effect and shall be treated for all purposes as if it had been correctly made on receipt of the fixed penalty.

(3) Subject to subsection (4) below, where a cheque tendered in payment is subsequently dishonoured—

(a) any endorsement made by [F139 the appropriate person] under subsection (1) above remains effective, notwithstanding that the licence holder is still liable to prosecution in respect of the alleged offence to which the endorsement relates, and

(b) [F140 unless the appropriate person is the Secretary of State, the appropriate person] must, upon the expiry of the period specified in the conditional offer or, if the period has expired, forthwith notify the person [F141 required to be notified] that no payment has been made.

(4) When proceedings are brought against a licence holder [F142 where subsection (3) above applies], the court—

(a) must order the removal of the fixed penalty endorsement from the counterpart of the licence, and

(b) may, on finding the licence holder guilty, make any competent order of endorsement or disqualification and pass any competent sentence.

(5) The reference in subsection (1) above to the relevant particulars is to—

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

(b) the number of penalty points to be attributed to the offence.

(6) [F143 Where the appropriate person is the fixed penalty clerk, he] must send notice to the Secretary of State—

(a) of any endorsement under subsection (1) above and of the particulars endorsed,

(b) of any amendment under subsection (2) above, and

(c) of any order under subsection (4)(a) above.

(7) Where the counterpart of a person’s licence is endorsed under this section he shall be treated for the purposes of sections 13(4), 28, 29 and 45 of this Act and of the Rehabilitation of Offenders Act 1974 as if—

(a) he had been convicted of the offence,

(b) the endorsement had been made in pursuance of an order made on his conviction by a court under section 44 of this Act, and

(c) the particulars of the offence endorsed by virtue of subsection (5)(a) above were particulars of his conviction of that offence.

(8) In relation to any endorsement of the counterpart of a person’s licence under this section—

(a) the reference in section 45(4) of this Act to the order for endorsement, and

(b) the references in section 13(4) of this Act to any order made on a person’s conviction,

are to be read as references to the endorsement itself.

(9) In relation to licences which came into force before 1st June 1990, the references in this section to the counterpart of a licence shall be disregarded or, as the case may require, construed as references to the licence itself.

[F144 (10) Subsection (1) above is subject to section 2(4)(a) of and paragraph 7(4)(a) of Schedule 1 to the Road Traffic (New Drivers) Act 1995; and the fixed penalty clerk need not send a notice falling within subsection (6)(a) above in a case where he sends a person’s licence and its counterpart to the Secretary of State under section 2(4)(b) of or paragraph 7(4)(b) of Schedule 1 to that Act.]

Textual Amendments

F134 Ss. 75-77 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 34; S.I. 1992/1286, art. 2, Sch.

F135 Words in s. 77(1)(a) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 17(2); S.I. 2008/3164, art. 3(b)

F136 S. 77(1)(b) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 17(3); S.I. 2008/3164, art. 3(b)

F137 Words in s. 77(1) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 17(4); S.I. 2008/3164, art. 3(b)

F138 Words in s. 77(2) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 17(5); S.I. 2008/3164, art. 3(b)

F139 Words in s. 77(3) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 17(6)(a); S.I. 2008/3164, art. 3(b)

F140 Words in s. 77(3) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 17(6)(b); S.I. 2008/3164, art. 3(b)

F141 Words in s. 77(3) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 17(6)(c); S.I. 2008/3164, art. 3(b)

F142 Words in s. 77(4) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 17(7); S.I. 2008/3164, art. 3(b)

F143 Words in s. 77(6) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 17(8); S.I. 2008/3164, art. 3(b)

F144 S. 77(10) inserted (1.6.1997) by 1995 c. 13, s. 10(4), Sch. 2 para. 6 (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

Modifications etc. (not altering text)

C8 S. 77(1) restricted (1.6.1997) by 1995 c. 13, ss. 2(4)(a), 6, Sch. 1 Pt. IV, para. 7(4)(a) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

Proceedings in fixed penalty cases E+W+S

78 General restriction on proceedings. E+W+S

(1) Proceedings shall not be brought against any person for the offence to which a fixed penalty notice relates until the end of the suspended enforcement period.

(2) Proceedings shall not be brought against any person for the offence to which a fixed penalty notice relates if the fixed penalty is paid in accordance with this Part of this Act before the end of the suspended enforcement period.

79 Statements by constables. E+W

(1) In any proceedings a certificate that a copy of a statement by a constable [F145 or vehicle examiner] with respect to the alleged offence (referred to in this section as a “[F146 relevant] witness statement”) was included in or given with a fixed penalty notice or a notice under section [F147 54(4)] of this Act given to the accused on a date specified in the certificate shall, if the certificate purports to be signed by the F148 ... person who gave the accused the notice, be evidence of service of a copy of that statement by delivery to the accused on that date.

(2) In any proceedings a certificate that a copy of a [F149 relevant] witness statement was included in or served with a notice to owner served on the accused in the manner and on a date specified in the certificate shall, if the certificate purports to be signed by any person employed by the police authority for the police area in which the offence to which the proceedings relate is alleged to have been committed [F150 or on behalf of the Secretary of State], be evidence of service in the manner and on the date so specified both of a copy of that statement and of the notice to owner.

(3) Any address specified in any such certificate as is mentioned in subsection (2) above as being the address at which service of the notice to owner was effected shall be taken for the purposes of any proceedings in which the certificate is tendered in evidence to be the accused’s proper address, unless the contrary is proved.

(4) Where a copy of a [F151 relevant] witness statement is included in or served with a notice to owner served in any manner in which the notice is authorised to be served under this Part of this Act, the statement shall be treated as duly served for the purposes of section 9 of the M7 Criminal Justice Act 1967 (proof by written statement) notwithstanding that the manner of service is not authorised by subsection (8) of that section.

(5) In relation to any proceedings in which service of a [F151 relevant] witness statement is proved by certificate under this section—

(a) that service shall be taken for the purposes of subsection (2)(c) of that section (copy of statement to be tendered in evidence to be served before hearing on other parties to the proceedings by or on behalf of the party proposing to tender it) to have been effected by or on behalf of the prosecutor, and

(b) subsection (2)(d) of that section (time for objection) shall have effect with the substitution, for the reference to seven days from the service of the copy of the statement, of a reference to seven days from the relevant date.

(6) In subsection (5)(b) above “relevant date” means—

(a) where the accused gives notice requesting a hearing in respect of the offence in accordance with any provision of this Part of this Act, the date on which he gives that notice, and

(b) where a notice in respect of the offence was given to the accused under section 54(4) of this Act but no fixed penalty notice is given in respect of it, the last day for [F152 delivery of the notice].

(7) This section does not extend to Scotland.

Textual Amendments

F145 Words in s. 79(1) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 18(2)(a); S.I. 2008/3164, art. 3(b)

F146 Word in s. 79(1) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 18(2)(b); S.I. 2008/3164, art. 3(b)

F147 Word in s. 79(1) substituted (8.11.2006) by Road Safety Act 2006 (c. 49), ss. 58(4), 61(9)

F148 Words in s. 79(1) repealed (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 18(2)(c), Sch. 7(2); S.I. 2008/3164, art. 3(b)

F149 Word in s. 79(2) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 18(3)(a); S.I. 2008/3164, art. 3(b)

F150 Words in s. 79(2) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 18(3)(b); S.I. 2008/3164, art. 3(b)

F151 Word in s. 79(4)(5) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 18(4); S.I. 2008/3164, art. 3(b)

F152 Words in s. 79(6) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 18(5); S.I. 2008/3164, art. 3(b)

Marginal Citations

M7 1967 c. 80.

80 Certificates about payment. E+W+S

In any proceedings a certificate—

(a) that payment of a fixed penalty was or was not received, by a date specified in the certificate, by the [F153 person to whom it was required to be paid], or

(b) that a letter containing an amount sent by post in payment of a fixed penalty was marked as posted on a date so specified,

shall, if the certificate purports to be signed by the [F153 person to whom it was required to be paid], be evidence (and, in Scotland, sufficient evidence) of the facts stated.

Textual Amendments

F153 Words in s. 80 substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 19; S.I. 2008/3164, art. 3(b)

81 Documents signed by the accused. E+W+S

(1) Where—

(a) any person is charged with a fixed penalty offence, and

(b) the prosecutor produces to the court a document to which this subsection applies purporting to have been signed by the accused,

the document shall be presumed, unless the contrary is proved, to have been signed by the accused and shall be evidence (and, in Scotland, sufficient evidence) in the proceedings of any facts stated in it tending to show that the accused was the owner, the hirer or the driver of the vehicle concerned at a particular time.

(2) Subsection (1) above applies to any document purporting to be—

(a) a notice requesting a hearing in respect of the offence charged given in accordance with a fixed penalty notice relating to that offence, or

(b) a statutory statement of any description defined in Schedule 4 to this Act or a copy of a statement of liability within the meaning of section 66 of this Act provided in response to a notice to owner.

Miscellaneous E+W+S

82 Accounting for fixed penalties: England and Wales. E+W+S

(1) In England and Wales, sums paid [F154 to the fixed penalty clerk] by way of fixed penalty for an offence shall be treated for the purposes of [F155 section 38 of the Courts Act 2003 (application of receipts of designated officers)] as if they were fines imposed on summary conviction for that offence.

F156 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F156 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F156 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F154 Words in s. 82(1) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 20; S.I. 2008/3164, art. 3(b)

F155 Words in s. 82(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 320(2); S.I. 2005/910, art. 3(y)

F156 S. 82(2)(2A)(3) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 320(3), Sch. 10; S.I. 2005/910, art. 3(y)

Modifications etc. (not altering text)

C9 S. 82 modified (temp.) (1.4.1995) by S.I. 1995/685, reg. 6(2)(b)

S. 82 modified (19.6.1997) by 1997 c. 25, s. 73(1), 74, Sch. 4 Pt. II, para. 7(2)(d)(i)

C10 S. 82(1)(2): Functions of the Secretary of State transferred to the Lord Chancellor (1.4.1992) by S.I. 1992/709, art. 2(1), Sch. 1

83 Powers of court [F157 in cases of deception]. E+W+S

(1) This section applies where—

(a) in endorsing [F158 the counterpart of] any person’s licence under section 57 of this Act, the fixed penalty clerk [F159 or the Secretary of State] is deceived as to whether endorsement under that section is excluded by section 61(2) of this Act by virtue of the fact that the licence holder would be liable to be disqualified under section 35 of this Act if he were convicted of the offence, or

(b) in endorsing [F160 the counterpart of] any person’s licence under section 77 of this [F161 Act the appropriate person is deceived as to whether proceedings against the person are excluded by section 76 of this Act] by virtue of the fact that the licence holder would be liable to be disqualified under section 35 of this Act if he were convicted of the offence.

(2) If—

(a) the deception constituted or was due to an offence committed by the licence holder, and

(b) the licence holder is convicted of that offence,

the court by or before which he is convicted shall have the same powers and duties as it would have had if he had also been convicted by or before it of the offence of which particulars were endorsed under section 57 or, as the case may be, 77 of this Act.

Textual Amendments

F157 Words in s. 83 heading substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 21(3); S.I. 2008/3164, art. 3(b)

F158 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 24(a)

F159 Words in s. 83(1)(a) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 21(2)(a); S.I. 2008/3164, art. 3(b)

F160 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2, para. 24(b)(i)(ii)

F161 Words in s. 83(1)(b) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 21(2)(b); S.I. 2008/3164, art. 3(b)

84 Regulations. E+W+S

The Secretary of State may by regulations make provision as to any matter incidental to the operation of this Part of this Act, and in particular—

(a) for prescribing any information or further information to be provided in any notice, notification, certificate or receipt under section 52(1), 54(4), 56, 59(1), F162 ... 63(2), 70(2) and (3)(b), 73(4)(b), [F163 75(1), (1A), (2), (3) or (3B) or 76(3)(c) or (4)(b)] of this Act or in any official form for a statutory statement mentioned in Schedule 4 to, or a statement under section 66(2) of, this Act, [F164 and

(b) the amount of the penalty stated in the offer is less than the fixed penalty applicable in the circumstances,]

Textual Amendments

F162 Words in s. 84(a) repealed (8.11.2006) by Road Safety Act 2006 (c. 49), s. 61(9), Sch. 7(19)

F163 Words in s. 84 substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 22; S.I. 2008/3164, art. 3(b)

F164 S. 84(b) and word substituted for s. 84(b)(c) (5.1.2009) by Road Safety Act 2006 (c. 49), ss. 3(3), 61(1)(10) (with s. 61(3)); S.I. 2008/3164, art. 2(a)

85 Service of documents. E+W+S

(1) Subject to any requirement of this Part of this Act with respect to the manner in which a person may be provided with any such document, he may be provided with the following documents by post (but without prejudice to any other method of providing him with them), that is to say—

(a) any of the statutory statements mentioned in Schedule 4 to this Act, and

(b) any of the documents mentioned in section 66(2) of this Act.

(2) Where a notice requesting a hearing in respect of an offence is permitted by a fixed penalty notice or notice to owner relating to that offence to be given by post, section 7 of the M8 Interpretation Act 1978 (service of documents by post) shall apply as if that notice were permitted to be so given by this Act.

(3) A notice to owner may be served on any person—

(a) by delivering it to him or by leaving it at his proper address, or

(b) by sending it to him by post,

and where the person on whom such a notice is to be served is a body corporate it is duly served if it is served on the secretary or clerk of that body.

(4) For the purposes of this Part of this Act and of section 7 of the M9 Interpretation Act 1978 as it applies for the purposes of subsection (3) above the proper address of any person in relation to the service on him of a notice to owner is—

(a) in the case of the secretary or clerk of a body corporate, that of the registered or principal office of that body or the registered address of the person who is or was the registered keeper of the vehicle concerned at the time of service, and

(b) in any other case, his last known address at the time of service.

(5) In subsection (4) above, “registered address”, in relation to the registered keeper of a vehicle, means the address recorded in the record kept under [F165 the Vehicle Excise and Registration Act 1994] with respect to that vehicle as being that person’s address.

Textual Amendments

F165 Words in s. 85(5) substituted (1.9.1994) by 1994 c. 22, s. 63, Sch. 3 para. 25(1) (with s. 57(4))

Marginal Citations

M8 1978 c. 30.

M9 1978 c. 30.

86 Functions of traffic wardens. E+W+S

(1) An order under section 95(5) of the M10 Road Traffic Regulation Act 1984 may not authorise the employment of a traffic warden to discharge any function under this Part of this Act in respect of an offence if the offence appears to the traffic warden to be an offence involving obligatory endorsement [F166 unless that offence was committed whilst the vehicle concerned was stationary.].

(2) In so far as an order under that section authorises the employment of traffic wardens for the purposes of this Part of this Act, references in this Part of this Act to a constable or, as the case may be, to a constable in uniform include a traffic warden.

Textual Amendments

F166 Words in s. 86(1) added (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 106; S.I. 1991/2054, art. 3, Sch

Marginal Citations

M10 1984 c. 27.

87 Guidance on application of Part III. E+W+S

The Secretary of State must issue guidance to chief officers of police for police areas [F167 and to the chief constable of the British Transport Police]in respect of the operation of this Part of this Act with the objective so far as possible of working towards uniformity.

Textual Amendments

F167 Words in s. 87 inserted (1.10.2002) by 2002 c. 30, s. 76; S.I. 2002/2306, art. 2(d)(vii)

88 Procedure for regulations and orders. E+W+S

(1) Any power conferred by this Part of this Act on the Secretary of State to make any order or regulations shall be exercisable by statutory instrument.

(2) Before making—

(a) an order under section 51, 53 or 75 of this Act, or

(b) regulations under section 84 of this Act,

the Secretary of State must consult with such representative organisations as he thinks fit.

(3) A statutory instrument containing regulations or an order under any provision of this Part of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Regulations under this Part of this Act may—

(a) make different provision for different cases, and

(b) contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the regulations.

89 Interpretation. E+W+S

(1) In this Part of this Act—

• “authorised person” has the meaning given by section 54(9) of this Act,

• [F168 [F169 “British Transport Police” means the force of constables appointed under the British Transport Commission Act 1949 (c. xxix);]]

• F170 [ “chief constable” means, in Scotland in relation to any conditional offer, the chief constable for the area in which the conditional offer has been issued.]

• “chief officer of police” (except in the definition of “authorised person”) means, in relation to any fixed penalty notice [F171 , notice to owner or conditional offer], the chief officer of police for the police area in which the fixed penalty offence in question is alleged to have been committed,

• “court of summary jurisdiction” has the same meaning as in [F172 section 307(1) of the Criminal Procedure (Scotland) Act 1995],

• “driver” except in section 62 of this Act means, in relation to an alleged fixed penalty offence, the person by whom, assuming the offence to have been committed, it was committed,

• F173 . . .

• “petty sessions area” has the same meaning as in the M11 Magistrates’ Courts Act 1980, and

• “proceedings”, except in relation to proceedings for enforcing payment of a sum registered under section 71 of this Act, means criminal proceedings.

• [F174 “vehicle examiner” means an examiner appointed under section 66A of the Road Traffic Act 1988.]

(2) In this Part of this Act—

(a) references to a notice requesting a hearing in respect of an offence are references to a notice indicating that the person giving the notice wishes to contest liability for the offence or seeks a determination by a court with respect to the appropriate punishment for the offence,

(b) references to an offence include an alleged offence, and

(c) references to the person who is or was at any time the registered keeper of a vehicle are references to the person in whose name the vehicle is or was at that time registered under [F175 the Vehicle Excise and Registration Act 1994].

Textual Amendments

F168 Definition in s. 89 ceases to have effect (1.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), Sch. 5 para. 4; S.I. 2004/1572, art. 3(jjj)

F169 S. 89(1): Definition of British Transport Police inserted (1.10.2002) by 2002 c. 30, s. 76(6); S.I. 2002/2306, art. 2(d)(vii)

F170 Definition in s. 89(1) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 107(2); S.I. 1992/1286, art. 2, Sch.

F171 Words in s. 89(1) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 107(3); S.I. 1992/1286, art. 2, Sch.

F172 S. 89(1): words in definition of "court of summary jurisdiction" substituted (1.4.1996) by 1995 c. 13, s. 5, Sch. 4 para. 71(10)

F173 S. 89(1): Definition of “justices' clerk” repealed (1.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. V(7) (with s. 107, Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2(c)(ii) (with Sch. 2 para. 2)

F174 Definition in s. 89(1) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 23; S.I. 2008/3164, art. 3(b)

F175 Words in s. 89(2)(c) substituted (1.9.1994) by 1994 c. 22, s. 63, Sch. 3 para. 25(1)

Marginal Citations

M11 1980 c. 43.

90 Index to Part III. E+W+S

The expressions listed in the left hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Part of this Act listed in the right-hand column in relation to those expressions.

Authorised person	Section 54(9)
Conditional offer	[F176 75(5)]
Fixed penalty	Section 53
Fixed penalty clerk	Section 69(4) [F177 and [F178 75(6)]]
Fixed penalty notice	Section 52
Fixed penalty offence	Section 51
Notice to owner	Sections 63(2) and 66(4)
Notice requesting a hearing in respect of an offence	Section 89(2)
Offence	Section 89(2)
Official form	Section 68(4)
Owner	Section 68(1)
Period allowed for response to a notice to owner	Section 63(5)
Proper address, in relation to the service of a notice to owner	Section 85(4)
Registered keeper	Section 89(2)
Statutory statement of facts	Part II of Schedule 4
Statutory statement of hiring	Part I of Schedule 4
Statutory statement of ownership	Part I of Schedule 4
Suspended enforcement period	Section 52(3)(a)
Time of the alleged offence	Section 63(3)

Textual Amendments

F176 Words in s. 90 substituted (8.11.2006) by Road Safety Act 2006 (c. 49), ss. 58(5)(a), 61(9)

F177 Words in s. 90 added (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 108(b); S.I. 1992/1286, art. 2,Sch.

F178 Words in s. 90 substituted (8.11.2006) by Road Safety Act 2006 (c. 49), ss. 58(5)(b), 61(9)