Road Traffic Offenders Act 1988

Status:

Point in time view as at 16/01/2012. This version of this provision has been superseded.

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

Road Traffic Offenders Act 1988, Section 57 is up to date with all changes known to be in force on or before 18 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

57 Endorsement of [F1counterparts ] without hearings.E+W+S

(1)Subject to subsection (2) below, where a person [F2who is the holder of a licence] (referred to in this section as “the licence holder”) [F3 has been given a fixed penalty notice under section 54 of this Act in respect of an offence involving obligatory endorsement,] [F4the counterpart of] his licence may be endorsed in accordance with this section without any order of a court.

(2)[F5The counterpart of] A person’s licence may not be endorsed under this section if at the end of the suspended enforcement period—

(a)he has given notice, in the manner specified in the fixed penalty notice, requesting a hearing in respect of the offence to which the fixed penalty notice relates, and

(b)the fixed penalty has not been paid in accordance with this Part of this Act.

(3)On the payment of the fixed penalty before the end of the suspended enforcement period, the [F6person to whom it is paid] must endorse the relevant particulars on the [F7counterpart of the] licence and return it [F7together with the licence] to the licence holder.

(4)Where any sum determined by reference to the fixed penalty is registered under section 71 of this Act for enforcement against the licence holder as a fine, the [F8person to whom the fixed penalty is required to be paid] must endorse the relevant particulars on the [F7counterpart of the] licence and return it [F7together with the licence] to the licence holder—

(a)if he is himself [F9the person] who registers that sum, on the registration of that sum, and

(b)in any other case, on being notified of the registration by [F9the person] who registers that sum.

(5)References in this section 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.

(6)[F10Where the endorsement of] [F11the counterpart of] a person’s licence under this section [F12is made by the fixed penalty clerk,] the fixed penalty clerk must send notice of the endorsement and of the particulars endorsed to the Secretary of State.

[F13(7)Subsections (3) and (4) above are subject to section 2(4)(a) of and paragraph 7(4)(a) of Schedule 1 to the Road Traffic (New Drivers) Act 1995; and the fixed penalty clerk need not comply with subsection (6) above in a case where he sends a person’s licence and its counterpart to the Secretary of State under section 2(4)(b) of or paragraph 7(4)(b) of Schedule 1 to that Act.]

Textual Amendments

F1Word in s. 57 heading substituted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 15(3); S.I. 2008/3164, art. 4(b)

F2Words in s. 57(1) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 15(2); S.I. 2008/3164, art. 4(b)

F3Words in s. 57(1) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 5(2); S.I. 2008/3164, art. 3(b)

F4Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 17(a)(i)(ii)

F5Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 17(b)

F6Words in s. 57(3) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 5(3); S.I. 2008/3164, art. 3(b)

F7Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 17(c)(i)(ii)

F8Words in s. 57(4) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 5(4)(a); S.I. 2008/3164, art. 3(b)

F9Words in s. 57(4) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 5(4)(b); S.I. 2008/3164, art. 3(b)

F10Words in s. 57(6) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 5(5)(a); S.I. 2008/3164, art. 3(b)

F11Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 17(d)