C1C3Part III C2 Fixed Penalties
Pt. III modified (16.8.2013) by The Fixed Penalty Offences Order 2013 (S.I. 2013/1565), arts. 1, 2
Definition in Pt. III (ss. 51-90) applied (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 18(7)(b), 101(1) (with Sch. 12 para. 6); S.I. 1992/333, art. 2(2), Sch.2
F5Conditional offer of fixed penalty
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.
75 F1Issue of conditional offer.
1
Where in England and Wales—
a
a constable has reason to believe that a fixed penalty offence has been committed, and
b
no fixed penalty notice in respect of the offence has been given under section 54 of this Act or fixed to a vehicle under section 62 of this Act,
a notice under this section may be sent to the alleged offender by or on behalf of the chief officer of police F2or, if the constable is a member of the British Transport Police, by or on behalf of the chief constable of the British Transport Police.
F81A
Where in England and Wales—
a
a vehicle examiner has reason to believe that a fixed penalty offence has been committed, and
b
no fixed penalty notice in respect of the offence has been given under section 54 of this Act or fixed to a vehicle under section 62 of this Act,
a notice under this section may be sent to the alleged offender by the Secretary of State.
2
Where in Scotland a procurator fiscal receives a report that—
a
an offence specified in Schedule 3 to this Act has been committed,
b
an offence specified in Schedule 5 to this Act has been committed,
c
an offence referred to in paragraph (a) or (b) above has been committed, being an offence of causing or permitting a vehicle to be used by another person in contravention of any provision made or any restriction or prohibition imposed by or under any enactment, or
d
an offence of aiding, abetting, counselling, procuring or inciting the commission of an offence referred to in this subsection, has been committed,
he may send a notice under this section to the alleged offender.
3
Where in Scotland, a constable—
a
on any occasion has reason to believe that a person he finds is committing or has on that occasion committed a fixed penalty offence, he may hand to that person,
F47aa
on any occasion has reason to believe that a person he finds has, within the period of 28 days before the day of that occasion, committed a Community drivers’ hours offence, he may hand to that person,
b
in any case has reason to believe that a fixed penalty offence has been committed, he or another person authorised in that respect by the chief constable may send to the alleged offender,
a notice under this section.
F63A
Where a constable is a constable of the British Transport Police Force subsection (3) shall have effect as if the reference to the chief constable were a reference to the chief constable of that force.
F93B
Where in Scotland a vehicle examiner—
a
on any occasion has reason to believe that a person he finds is committing or has on that occasion committed a fixed penalty offence, he may hand to that person,
F46aa
on any occasion has reason to believe that a person he finds has, within the period of 28 days before the day of that occasion, committed a Community drivers’ hours offence, he may hand to that person,
b
in any case has reason to believe that a fixed penalty offence has been committed, he or another person authorised in that respect by the Secretary of State may send to the alleged offender,
a notice under this section.
F453C
A constable or vehicle examiner may not hand a person a conditional offer under subsection (3) or (3B) for a Community drivers’ hours offence where the constable or vehicle examiner has reason to believe that—
a
a fixed penalty notice has already been given to the person under section 54 of this Act in relation to the offence;
b
a conditional offer has already been issued to the person under this section 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, another member State or a contracting third country.
3D
In subsection (3C)(d) “relevant breach” means the breach of the applicable Community rules which constitutes the Community drivers’ hours offence concerned.
4
Subsections (2) F12to (3B) above shall not apply where a fixed penalty notice has been fixed to a vehicle under section 62 of this Act.
5
A notice under this section is referred to in this section and sections 76 F25and 77A as a “conditional offer”.
6
Where a F11conditional offer is issued by a person under subsection (1), (2) or (3) above, he must notify the F7designated officer, or in Scotland clerk of court, specified in it of its issue and its terms; and F3he is referred to in this section and sections 76 F25and 77A as “the fixed penalty clerk”.
7
A conditional offer must—
a
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,
b
state the amount of the fixed penalty for that offence, and
c
state that proceedings against the alleged offender cannot be commenced in respect of that offence until the end of the period of twenty-eight days following the date on which the conditional offer was issued or such longer period as may be specified in the conditional offer.
F268
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F208A
A conditional offer sent to an alleged offender F27... must indicate that if the following conditions are fulfilled, that is—
a
within the period of twenty-eight days following the date on which the offer was issued, or such longer period as may be specified in the offer, the alleged offender
F28i
makes payment of the fixed penalty to the appropriate person, and
ii
where he is the holder of a licence and the offence to which the offer relates is an offence involving obligatory endorsement, at the same time delivers his licence to the appropriate person, and
b
the appropriate person is satisfied, on accessing information held on the driving record of the alleged offender, that if he were convicted of the offence, he would not be liable to be disqualified under section 35 of this Act,
any liability to conviction of the offence shall be discharged.
9
For the purposes of the F21conditions set out in subsection F29... F22(8A)(b) above, 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.
10
The Secretary of State may by order provide for offences to become or (as the case may be) to cease to be offences in respect of which a conditional offer may be sent under subsection (2)(b) above, and may make such modifications of the provisions of this Part of this Act as appear to him to be necessary for the purpose.
11
An offence committed by aiding, abetting, counselling, procuring or inciting the commission of an offence which is an offence involving obligatory endorsement is itself an offence involving obligatory endorsement for the purposes of the application of this Part of this Act in Scotland.
F1011A
In this section and sections 76 F30and 77A of this Act “the appropriate person” means—
a
where the conditional offer was issued under subsection (1), (2) or (3) above, the fixed penalty clerk, and
b
where the conditional offer was issued under subsection (1A) or (3B) above, the Secretary of State.
F3112
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F476 Effect of offer and payment of penalty.
1
This section applies where a conditional offer has been F13issued to a person under section 75 of this Act.
F172
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
b
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 F3675(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 F3277A 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 F14(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 F15the appropriate person shall, if the certificate purports to be signed by F15the appropriate person, be evidence, or in Scotland sufficient evidence, of the facts stated.
F378
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9
In Scotland, the Secretary of State may by regulations vary the provisions of subsection F16(5)(b) or (c) above.
F3877 Endorsement F18of counterparts where penalty paid.
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77AF19Endorsement of driving records where penalty paid
1
Where—
a
in pursuance of a conditional offer issued under subsection (1), (2) or (3) of section 75 of this Act a person F39... (referred to in this section as the “alleged offender”) makes payment of the fixed penalty to the fixed penalty clerk F40and (if he is the holder of a licence) delivers his licence to the fixed penalty clerk, and
b
proceedings against the alleged offender for the offence to which the conditional offer relates are excluded by section 76 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 F41together with any licence delivered under paragraph (a) above.
2
The Secretary of State must endorse the relevant particulars on a person's driving record F42and return any licence delivered to him under this section to the alleged offender—
a
on receiving notice under subsection (1) above, or
b
if, in pursuance of a conditional offer issued under subsection (1A) or (3B) of section 75 of this Act, a person F43... (also referred to in this section as the “alleged offender”) makes payment of the fixed penalty to him F44and (if he is the holder of a licence) delivers his licence to him, and proceedings against the alleged offender are excluded by section 76 of this Act.
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.
Pt. III (ss. 51–90) amended by (E.W.) S.I. 1990/335, art. 2(1) and (S.) S.I. 1990/466, art. 2(1)
Pt. III (ss. 51-90) amended (1.8.1999) by S.I. 1999/1851, art. 2(1)