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Version Superseded: 08/06/2015
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Road Traffic Offenders Act 1988, Section 54 is up to date with all changes known to be in force on or before 29 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies where [F2in England and Wales] on any occasion a constable in uniform [F3, 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 [F4the following provisions of this section] , the constable [F5or vehicle examiner] may give him a fixed penalty notice in respect of the offence.
(3)Where the offence appears to the constable [F6or vehicle examiner] to involve obligatory endorsement [F7, and the person is the holder of a licence,], the constable [F6or 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 [F8and its counterpart] for inspection by the constable [F6or vehicle examiner],
(b)the constable [F6or vehicle examiner] is satisfied, on inspecting the licence [F8and 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 [F8and its counterpart] to the constable [F6or 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 [F9or vehicle examiner] to involve obligatory endorsement,
[F10(aa)the person concerned is the holder of a licence, and]
(b)[F11he] does not produce his licence [F12and its counterpart] for inspection by the constable [F9or vehicle examiner],
the constable [F9or vehicle examiner] may give him a notice stating that if [F13he delivers] the notice together with his licence [F14and its counterpart] in [F15accordance 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 [F17delivers] the notice together with his licence [F18and its counterpart] in [F19accordance with subsection (4A) above] and the following requirements are met, that is—
(a)the [F20person to whom the notice under subsection (4) above is delivered] is satisfied, on inspecting the licence [F21and 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 [F23and its counterpart] [F24are delivered] to be retained and dealt with in accordance with this Part of this Act,
the [F20person 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.
[F25(5A)Where the offence appears to the constable or vehicle examiner to involve obligatory endorsement, and the person is not the holder of a licence, the constable or vehicle examiner may only give him a fixed penalty notice under subsection (2) above in respect of the offence if the constable or vehicle examiner is satisfied, on accessing information held on his driving record, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of that offence.
(5B)Subsection (5C) below applies where—
(a)the offence appears to the constable or vehicle examiner to involve obligatory endorsement,
(b)the person concerned is not the holder of a licence, and
(c)the constable or vehicle examiner is unable to satisfy himself, by accessing information held on his driving record, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of that offence.
(5C)Where this subsection applies, the constable or vehicle examiner may give the person a notice stating that if—
(a)he delivers the notice in accordance with subsection (5D) below, and
(b)the person to whom it is delivered is satisfied, on accessing information held on his driving record, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of the offence,
he will then be given a fixed penalty notice in respect of the offence.
(5D)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.
(5E)If a person to whom a notice has been given under subsection (5C) above delivers the notice in accordance with subsection (5D) above, and the person to whom it is delivered is satisfied, on accessing information held on his driving record, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of the offence, that person must give him a fixed penalty notice in respect of the offence to which the notice under subsection (5C) relates.]
(6)A notice under subsection (4) [F26or (5C)] 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 [F27and a counterpart of a licence] surrendered [F28or delivered] in accordance with this section must be sent to the fixed penalty clerk [F29if the fixed penalty notice was given by a constable or authorised person].
F30(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 [F31or a person authorised for those purposes by or on behalf of the chief constable of the British Transport Police].
F32[(10)In determining for the purposes of [F33this section] 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
F1Word 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)
F2Words 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.
F3Words 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)
F4Words in s. 54(2) substituted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 14(2); S.I. 2008/3164, art. 4(b)
F5Words 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)
F6Words 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)
F7Words in s. 54(3) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 14(3); S.I. 2008/3164, art. 4(b)
F8Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(a)
F9Words 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)
F10S. 54(4)(aa) substituted for word (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 14(4)(a); S.I. 2008/3164, art. 4(b)
F11Word in s. 54(4)(b) substituted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 14(4)(b); S.I. 2008/3164, art. 4(b)
F12Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(b)(i)
F13Words 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)
F14Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(b)(ii)
F15Words 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)
F16S. 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)
F17Word 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)
F18Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(c)(i)
F19Words 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)
F20Words 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)
F21Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(c)(ii)
F22Words 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)
F23Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(c)(iii)
F24Words 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)
F25S. 54(5A)-(5E) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), ss. 9(4), 61(1)(8)(10) (with s. 61(3)); S.I. 2008/3164, art. 4(b)
F26Words in s. 54(6) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 14(5); S.I. 2008/3164, art. 4(b)
F27Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(d)
F28Words 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)
F29Words 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)
F30S. 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
F31Words in s. 54(9) inserted (1.10.2002) by 2002 c. 30, s. 76(2); S.I. 2002/2306, art. 2(d)(vii)
F32S. 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.
F33Words in s. 54(10) substituted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 14(6); S.I. 2008/3164, art. 4(b)
Modifications etc. (not altering text)
C1S. 54 extended (prosp.) by 2002 c. 30, ss. 41, 108(2)-(5), Sch. 5 para. 1(2)(a)
C2S. 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)
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