Part III E+W+S Fixed Penalties

Modifications etc. (not altering text)

C3Definition 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 offendersE+W+S

54 Notices on-the-spot [F1etc.].E+W+S

(1)This section applies where F2... on any occasion a constable in uniform [F3, or a vehicle examiner who produces his authority,] has reason to believe that a person he finds

[F4(a)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 [F5the following provisions of this section], the constable [F6or vehicle examiner] may give him a fixed penalty notice in respect of the offence.

[F7(3)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 offenceF8...

F9(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(5B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F14(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17(8A)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 [F18, an EU member State], [F19or 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.]

F20(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(10)In determining for the purposes of [F22this 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.]

Textual Amendments

F1Word in s. 54 heading substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(9); S.I. 2008/3164, art. 3(b)

F7S. 54(3)-(5B) substituted for s. 54(3)-(5E) (8.6.2015) by Road Safety Act 2006 (c. 49), ss. 10(4), 61(1)(10) (with s. 61(3)); S.I. 2015/560, art. 3(a) (with arts. 4-9)

F16S. 54(8) repealed (1.7.1992) by Road Traffic Act 1991 (c.40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch., Appendix

F18Words in s. 54(8A)(d) added (31.12.2020 immediately after the coming into force of S.I. 2019/453, Pts. 3, 4) by The Drivers’ Hours and Tachographs (Amendment) Regulations 2020 (S.I. 2020/1658), regs. 1(3), 5(2)

Modifications etc. (not altering text)

C4S. 54 extended (prosp.) by 2002 c. 30, ss. 41, 108(2)-(5), Sch. 5 para. 1(2)(a)

Commencement Information

I1S. 54 not in force for S. at Royal Assent, see s. 99(3)(4); s. 54 in force for S. for all purposes except for the functions conferred by that section on vehicle examiners at 30.11.2022 by S.I. 2022/1187, reg. 5