- Latest available (Revised)
- Original (As enacted)
Road Traffic Offenders Act 1988, Section 77A 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.
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.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Where—
[F2(a)a conditional offer has been issued to a person (“the alleged offender”) under section 75(1), (2) or (3),]
(b)proceedings against the alleged offender for the offence to which the conditional offer relates are excluded by section [F376(2)] of this Act,
the fixed penalty clerk must forthwith send to the Secretary of State notice of the relevant particulars to be endorsed on the alleged offender's driving record F4....
(2)The Secretary of State must endorse the relevant particulars on a person's driving record F5...—
(a)on receiving notice under subsection (1) above, or
[F6(b)in a case where—
(i)a conditional offer is issued to a person (“the alleged offender”) under section 75(1A) or (3B), and
(ii)proceedings against the alleged offender are excluded by section 76(2).]
(3)Where in Scotland the appropriate person is the fixed penalty clerk and it appears to him that there is an error in an endorsement made by virtue of this section on a person's driving record, he may send to the Secretary of State notice of the error.
(4)Subject to subsection (5) below, where a cheque tendered in payment is subsequently dishonoured—
(a)any endorsement made by the Secretary of State under subsection (2) above remains effective notwithstanding that the alleged offender is still liable to prosecution in respect of the alleged offence to which the endorsement relates, and
(b)unless the appropriate person is the Secretary of State, the appropriate person must upon expiry of the period specified in the conditional offer or, if the period has expired, forthwith notify the person required to be notified that no payment has been made.
(5)When proceedings are brought against an alleged offender where subsection (4) above applies, the court—
(a)must order the removal of the fixed penalty endorsement from the driving record of the alleged offender,
(b)may, on finding the alleged offender guilty, make any competent order of endorsement or disqualification and pass any competent sentence, and
(c)must send to the Secretary of State notice of any order made under paragraph (a) or (b) above.
(6)On receiving notice under subsection (3) above, the Secretary of State may correct the error in the endorsement on the driving record; and any endorsement corrected shall be treated for all purposes as if it had been correctly made on receipt of the fixed penalty.
(7)On receiving a notice under subsection (5)(c) above, the Secretary of State must make any necessary adjustments to the endorsements on the alleged offender's driving record.
(8)The references in subsection (1) and (2) above 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.
(9)Where a person's driving record is endorsed under this section he shall be treated for the purposes of sections 13(4), 28, 29 and 45A 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 (8)(a) above were particulars of his conviction of that offence.
(10)In relation to any endorsement of a person's driving record under this section, 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
F1S. 77A inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 27; S.I. 2008/3164, art. 4(b)
F2S. 77A(1)(a) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 94(4)(a), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
F3Word in s. 77A(1)(b) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 94(4)(b), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
F4Words in s. 77A(1) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 94(4)(c), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
F5Words in s. 77A(2) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 94(4)(d), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
F6S. 77A(2)(b) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 94(4)(e), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: