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

Giving notices to suspected offenders

C1C2I154 Notices on-the-spot F3etc..

1

This section applies where F22... on any occasion a constable in uniform F4, or a vehicle examiner who produces his authority, has reason to believe that a person he finds

F10a

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 F6the following provisions of this section, the constable F5or vehicle examiner may give him a fixed penalty notice in respect of the offence.

F83

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 offenceF14...

F13b

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

F194

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

F185

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

F175A

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

F205B

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

F166

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

F157

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

F18

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

F98A

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 F11, an EU member State, F12or 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.

F219

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

F210

In determining for the purposes of F7this 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.