C3C5Part III C4 Fixed Penalties

Annotations:
Modifications etc. (not altering text)
C3

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)

C4

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

Miscellaneous

C182 Accounting for fixed penalties: England and Wales.

C21

In England and Wales, sums paid F19to the fixed penalty clerk by way of fixed penalty for an offence shall be treated for the purposes of F12section 38 of the Courts Act 2003 (application of receipts of designated officers) as if they were fines imposed on summary conviction for that offence.

F132

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F132A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F133

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

83 Powers of court F18in cases of deception.

F291

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F231A

This section F30... applies where—

a

particulars are endorsed on a person's driving record under section 57A of this Act because the fixed penalty clerk or the Secretary of State is deceived as to whether endorsement under that section is excluded by section 61A(2) of this Act by virtue of the fact that the person to whom the fixed penalty notice was given would be liable to be disqualified under section 35 of this Act if he were convicted of the offence, or

b

particulars are endorsed on a person's driving record under section 77A of this Act because the appropriate person or court is deceived as to whether proceedings against the person are excluded by section 76 of this Act by virtue of the fact that the person to whom the conditional offer is issued would be liable to be disqualified under section 35 of this Act if he were convicted of the offence.

2

If—

a

the deception constituted or was due to an offence committed by the F26person to whom the fixed penalty notice was given or conditional offer was issued , and

b

F27he is convicted of that offence,

the court by or before which he is convicted shall have the same powers and duties as it would have had if he had also been convicted by or before it of the offence of which particulars were endorsed under section F31... F2457A or, as the case may be, F32... F2577A of this Act.

84 Regulations.

The Secretary of State may by regulations make provision as to any matter incidental to the operation of this Part of this Act, and in particular—

a

for prescribing any information or further information to be provided in any notice, notification, certificate or receipt under section 52(1), F3354(5), 56, 59(1), F14... 63(2), 70(2) and (3)(b), 73(4)(b), F2075(1), (1A), (2), (3) or (3B) or 76(3)(c) or (4)(b) of this Act or in any official form for a statutory statement mentioned in Schedule 4 to, or a statement under section 66(2) of, this Act, F17and

b

the amount of the penalty stated in the offer is less than the fixed penalty applicable in the circumstances,

84AF22Notices to Secretary of State

Any notice sent to the Secretary of State under this Part must be sent in such manner and to such address and contain such particulars as the Secretary of State may determine.

85 Service of documents.

1

Subject to any requirement of this Part of this Act with respect to the manner in which a person may be provided with any such document, he may be provided with the following documents by post (but without prejudice to any other method of providing him with them), that is to say—

a

any of the statutory statements mentioned in Schedule 4 to this Act, and

b

any of the documents mentioned in section 66(2) of this Act.

2

Where a notice requesting a hearing in respect of an offence is permitted by a fixed penalty notice or notice to owner relating to that offence to be given by post, section 7 of the M1Interpretation Act 1978 (service of documents by post) shall apply as if that notice were permitted to be so given by this Act.

3

A notice to owner may be served on any person—

a

by delivering it to him or by leaving it at his proper address, or

b

by sending it to him by post,

and where the person on whom such a notice is to be served is a body corporate it is duly served if it is served on the secretary or clerk of that body.

4

For the purposes of this Part of this Act and of section 7 of the M2Interpretation Act 1978 as it applies for the purposes of subsection (3) above the proper address of any person in relation to the service on him of a notice to owner is—

a

in the case of the secretary or clerk of a body corporate, that of the registered or principal office of that body or the registered address of the person who is or was the registered keeper of the vehicle concerned at the time of service, and

b

in any other case, his last known address at the time of service.

5

In subsection (4) above, “registered address”, in relation to the registered keeper of a vehicle, means the address recorded in the record kept under F1the Vehicle Excise and Registration Act 1994 with respect to that vehicle as being that person’s address.

86 Functions of traffic wardens.

1

An order under section 95(5) of the M3Road Traffic Regulation Act 1984 may not authorise the employment of a traffic warden to discharge any function under this Part of this Act in respect of an offence if the offence appears to the traffic warden to be an offence involving obligatory endorsement F2unless that offence was committed whilst the vehicle concerned was stationary..

2

In so far as an order under that section authorises the employment of traffic wardens for the purposes of this Part of this Act, references in this Part of this Act to a constable or, as the case may be, to a constable in uniform include a traffic warden.

87 Guidance on application of Part III.

The Secretary of State must issue guidance to chief officers of police for police areas F3and to the chief constable of the British Transport Policein respect of the operation of this Part of this Act with the objective so far as possible of working towards uniformity.

88 Procedure for regulations and orders.

1

Any power conferred by this Part of this Act on the Secretary of State to make any order or regulations shall be exercisable by statutory instrument.

2

Before making—

a

an order under section 51, 53 or 75 of this Act, or

b

regulations under section 84 of this Act,

the Secretary of State must consult with such representative organisations as he thinks fit.

3

A statutory instrument containing regulations or an order under any provision of this Part of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

4

Regulations under this Part of this Act may—

a

make different provision for different cases, and

b

contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the regulations.

89 Interpretation.

1

In this Part of this Act—

  • F35“the applicable Community rules” F41has the meaning given by section 103(1) of the Transport Act 1968,

  • “authorised person” has the meaning given by section 54(9) of this Act,

  • F11F4 “British Transport Police” means the force of constables appointed under the British Transport Commission Act 1949 (c. xxix);

  • F5 “chief constable” means, in Scotland in relation to any conditional offer, the chief constable F28of the Police Service of Scotland.

  • “chief officer of police” (except in the definition of “authorised person”) means, in relation to any fixed penalty notice F6, notice to owner or conditional offer, the chief officer of police for the police area in which the fixed penalty offence in question is alleged to have been committed,

  • F36“the Community Drivers’ Hours Regulation” means Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15th March 2006 on the harmonisation of certain social legislation relating to road transport (and amending and repealing certain Council Regulations), as amended from time to time,

  • F36“contracting F42... country” means a country F43... which is a contracting party to—

    1. a

      the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970, as amended; F44...

    2. b

      F44...

  • “court of summary jurisdiction” has the same meaning as in F7section 307(1) of the Criminal Procedure (Scotland) Act 1995,

  • “driver” except in section 62 of this Act means, in relation to an alleged fixed penalty offence, the person by whom, assuming the offence to have been committed, it was committed,

  • F8. . .

  • “petty sessions area” has the same meaning as in the M4Magistrates’ Courts Act 1980, and

  • “proceedings”, except in relation to proceedings for enforcing payment of a sum registered under section 71 of this Act, means criminal proceedings.

  • F21“vehicle examiner” means an examiner appointed under section 66A of the Road Traffic Act 1988.

2

In this Part of this Act—

a

references to a notice requesting a hearing in respect of an offence are references to a notice indicating that the person giving the notice wishes to contest liability for the offence or seeks a determination by a court with respect to the appropriate punishment for the offence,

b

references to an offence include an alleged offence, and

c

references to the person who is or was at any time the registered keeper of a vehicle are references to the person in whose name the vehicle is or was at that time registered under F9the Vehicle Excise and Registration Act 1994.

F343

For the purposes of this Part of this Act, a person commits a “Community drivers’ hours offence” if the person commits a fixed penalty offence under—

a

section 96(11A) of the Transport Act 1968 (permitted driving time and periods of duty);

b

section 98(4)(b) of the Transport Act 1968 (written records);

c

section 99C of the Transport Act 1968 (failure to comply with prohibition), where the prohibition is imposed under section 99A(1)(b)(ii); or

d

section 3(1) of the Road Traffic (Foreign Vehicles) Act 1972 (enforcement provisions) where the offence arises as a result of a contravention of the applicable Community rules.

90 Index to Part III.

The expressions listed in the left hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Part of this Act listed in the right-hand column in relation to those expressions.

F37The applicable Community rules

Section 89(1)

Authorised person

Section 54(9)

F38Community drivers’ hours offence

Section 89(3)

F39The Community Drivers’ Hours Regulation

Section 89(1)

F40Contracting third country

Section 89(1)

Conditional offer

F1575(5)

Fixed penalty

Section 53

Fixed penalty clerk

Section 69(4) F10and F1675(6)

Fixed penalty notice

Section 52

Fixed penalty offence

Section 51

Notice to owner

Sections 63(2) and 66(4)

Notice requesting a hearing in respect of an offence

Section 89(2)

Offence

Section 89(2)

Official form

Section 68(4)

Owner

Section 68(1)

Period allowed for response to a notice to owner

Section 63(5)

Proper address, in relation to the service of a notice to owner

Section 85(4)

Registered keeper

Section 89(2)

Statutory statement of facts

Part II of Schedule 4

Statutory statement of hiring

Part I of Schedule 4

Statutory statement of ownership

Part I of Schedule 4

Suspended enforcement period

Section 52(3)(a)

Time of the alleged offence

Section 63(3)