Road Traffic Offenders Act 1988

F1 76 Effect of offer and payment of penalty. E+W+S

(1) This section applies where a conditional offer has been [F2 issued] to a person under section 75 of this Act.

[F3 (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 [F4 or (where the alleged offender is not the holder of a licence) accessing information held on his driving record ], 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 [F5 (where he is the holder of a licence)] 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) [F6 or (8A)(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 [F7 (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 [F8 the appropriate person] shall, if the certificate purports to be signed by [F8 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 [F9 (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 [F10 (5)(b) or (c)] above.

Textual Amendments

F1 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.

F2 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)

F3 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)

F4 Words in s. 76(3)(a) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 25(2)(a); S.I. 2008/3164, art. 4(b)

F5 Words in s. 76(3)(b) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 25(2)(b); S.I. 2008/3164, art. 4(b)

F6 Words in s. 76(4) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 25(3); S.I. 2008/3164, art. 4(b)

F7 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)

F8 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)

F9 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)

F10 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)