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Road Traffic Offenders Act 1988
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Changes over time for: Section 54
Changes to legislation:
Road Traffic Offenders Act 1988, Section 54 is up to date with all changes known to be in force on or before 18 November 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 24(A2)(ca)-(ce) inserted by 2024 c. 10 Sch. 3 para. 2(2)(a)(ii)
- s. 29(2A) inserted by 2006 c. 49 s. 34(2)
- s. 30A-30D inserted by 2006 c. 49 s. 34(3)
- s. 30C(5)(f) words substituted by S.I. 2009/1885 Sch. 1 para. 15
- s. 34A(7A) inserted by 2009 c. 25 Sch. 21 para. 90(3)(d)
- s. 34B(12) added by 2009 c. 25 Sch. 21 para. 90(4)(c)
- s. 34D-34G inserted by 2006 c. 49 s. 15(1)
- s. 34D(1)(d) words inserted by 2009 c. 25 Sch. 21 para. 90(5)(a)
- s. 34D(3) words inserted by 2009 c. 25 Sch. 21 para. 90(5)(b)
- s. 34D(5A) inserted by 2009 c. 25 Sch. 21 para. 90(5)(c)
- s. 34D(6)(a) words substituted by 2009 c. 25 Sch. 21 para. 90(5)(d)(i)
- s. 34D(6)(b) words substituted by 2009 c. 25 Sch. 21 para. 90(5)(d)(ii)
- s. 34D(6A) inserted by 2009 c. 25 Sch. 21 para. 90(5)(e)
- s. 34F(5)(f) words substituted by S.I. 2009/1885 Sch. 1 para. 17
- s. 35A(6)(a) words substituted by 2012 c. 10 Sch. 13 para. 8(b) (This amendment not applied to legislation.gov.uk. S. 35A(6) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 30(1)(c), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 25)
- s. 35A(6)(b) words inserted by 2012 c. 10 Sch. 13 para. 8(c) (This amendment not applied to legislation.gov.uk. S. 35A(6) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 30(1)(c), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 25)
- s. 36(13A) inserted by 2006 c. 49 s. 37(6)
- s. 40B(9) words substituted by 2006 c. 49 Sch. 2 para. 33
- s. 41B inserted by 2006 c. 49 s. 15(2)
- s. 84(1) s. 84 renumbered as s. 84(1) by 2004 c. 28 s. 16(3)
- s. 84(2) (3) inserted by 2004 c. 28 s. 16(3)
- Sch. 1 para. 3(aa) inserted by 2006 c. 49 s. 15(3)(a)
- Sch. 1 para. 4(za) inserted by 2006 c. 49 s. 15(3)(b)
- Sch. 1 para. 1A(c)(d) and word inserted by 2024 c. 10 Sch. 4 para. 1(2)(b)
- Sch. 1 para. 3(bc) inserted by 2024 c. 10 Sch. 4 para. 1(2)(c)
- Sch. 1 para. 4(ab) inserted by 2024 c. 10 Sch. 4 para. 1(2)(d)
54 Notices on-the-spot [F1etc.].E+W+S
(1)This section applies where F2... 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
[F4(a)is committing or has on that occasion committed a fixed penalty offence; or
(b)has, within the period of 28 days before the day of that occasion, committed a Community drivers’ hours offence.]
(2)Subject to [F5the following provisions of this section], the constable [F6or vehicle examiner] may give him a fixed penalty notice in respect of the offence.
[F7(3)Where the offence appears to the constable or vehicle examiner to involve obligatory endorsement, the constable or vehicle examiner may only give him a fixed penalty notice under subsection (2) above in respect of the offence if—
(a)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 offenceF8...
F9(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13(5B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
F14(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F17(8A)In a case where this section applies by virtue of subsection (1)(b), a constable or vehicle examiner may not give a person a fixed penalty notice for the Community drivers’ hours offence if the constable or vehicle examiner has reason to believe that—
(a)a fixed penalty notice has already been given under this section to the person in relation to the offence;
(b)a conditional offer has already been issued to the person under section 75 of this Act in relation to the offence;
(c)proceedings have already been initiated against the person for the offence; or
(d)any other penalty has already been imposed on, or other proceedings have already been initiated against, the person in respect of the relevant breach in Northern Ireland [F18, an EU member State], [F19or in another contracting country].
(8B)In subsection (8A)(d) “relevant breach” means the breach of the applicable Community rules which constitutes the Community drivers’ hours offence concerned.]
F20(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F21(10)In determining for the purposes of [F22this 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) omitted (30.11.2022 for S.) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 97(1), 208(1); S.I. 2022/1187, reg. 4(b) (with Pt. 3)
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(1) substituted (31.1.2018) by The Community Drivers Hours Offences (Enforcement) Regulations 2018 (S.I. 2018/24), regs. 1, 3(2) (with reg. 11)
F5Words 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)
F6Words 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)
F7S. 54(3)-(5B) substituted for s. 54(3)-(5E) (8.6.2015) by Road Safety Act 2006 (c. 49), ss. 10(4), 61(1)(10) (with s. 61(3)); S.I. 2015/560, art. 3(a) (with arts. 4-9)
F8Words in s. 54(3)(a) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 93(3)(a)(i), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
F9S. 54(3)(b) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 93(3)(a)(ii), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
F10S. 54(4) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 93(3)(b), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
F11S. 54(5) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 93(3)(b), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
F12S. 54(5A) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 93(3)(b), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
F13S. 54(5B) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 93(3)(b), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
F14S. 54(6) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 93(3)(b), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
F15S. 54(7) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 93(3)(b), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
F16S. 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
F17S. 54(8A)(8B) inserted (31.1.2018) by The Community Drivers Hours Offences (Enforcement) Regulations 2018 (S.I. 2018/24), regs. 1, 3(3) (with reg. 11)
F18Words in s. 54(8A)(d) added (31.12.2020 immediately after the coming into force of S.I. 2019/453, Pts. 3, 4) by The Drivers’ Hours and Tachographs (Amendment) Regulations 2020 (S.I. 2020/1658), regs. 1(3), 5(2)
F19Words in s. 54(8A)(d) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 42; 2020 c. 1, Sch. 5 para. 1(1)
F20S. 54(9) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 93(3)(b), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
F21S. 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.
F22Words 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)
Commencement Information
I1S. 54 not in force for S. at Royal Assent, see s. 99(3)(4); s. 54 in force for S. for all purposes except for the functions conferred by that section on vehicle examiners at 30.11.2022 by S.I. 2022/1187, reg. 5
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