PART IVFIXED PENALTIES
Miscellaneous
Powers of court F1in cases of deception87
1
This Article applies where—
a
in endorsing the counterpart of any person's licence under Article 63, the fixed penalty clerk F2or the Department is deceived as to whether endorsement under that Article is excluded by Article 66(2) by virtue of the fact that the licence holder would be liable to be disqualified under Article 40 if he were convicted of the offence; or
b
in endorsing the counterpart of any person's licence under Article 82 F3the appropriate person is deceived as to whether proceedings against the person are excluded by Article 81 by virtue of the fact that the licence holder would be liable to be disqualified under Article 40 if he were convicted of the offence.
F41A
This Article also applies where–
a
particulars are endorsed on a person's driving record under Article 63A because the fixed penalty clerk or the Department is deceived as to whether endorsement under that Article is excluded by Article 66A(2) by virtue of the fact that the person to whom the fixed penalty notice was given would be liable to be disqualified under Article 40 if he were convicted of the offence, or
b
particulars are endorsed on a person's driving record under Article 82A because the appropriate person or court is deceived as to whether proceedings against the person are excluded by Article 81 by virtue of the fact that the person to whom the conditional offer is issued would be liable to be disqualified under Article 40 if he were convicted of the offence.