Road Traffic Offenders Act 1988

69 Payment of penalty. E+W+S

(1) [F1 Where a fixed penalty notice has been given or fixed by a constable F2 ... under this Part of this Act, payment of the fixed penalty] must be made to such [F3 designated officer for a magistrates' court] or, in Scotland, clerk of court as may be specified in the fixed penalty notice relating to that penalty.

[F4 (1A) Where a fixed penalty notice has been given or fixed by a vehicle examiner, or given by the Secretary of State, under this Part of this Act, payment of the fixed penalty must be made to the Secretary of State.]

(2) Without prejudice to payment by any other method [F5 and subject to subsection (2A)], payment of a fixed penalty under this Part of this Act may be made by properly addressing, pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) and, unless the contrary is proved, shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

[F6 (2A) Where a person has been given a fixed penalty notice under section 54 in respect of an offence involving obligatory endorsement, payment of the penalty may be made as mentioned in subsection (2) only if the letter also contains identification information.]

(3) A letter is properly addressed for the purposes of subsection (2) above if it is addressed to the fixed penalty clerk [F7 , or the Secretary of State,] at the address specified in the fixed penalty notice relating to the fixed penalty as the address at which the fixed penalty may be paid.

[F8 (3A) Subsection (3B) applies where—

(a) a person has been given a fixed penalty notice under section 54 in respect of an offence involving obligatory endorsement, and

(b) a method of payment other than that mentioned in subsection (2) is used.

(3B) The penalty is treated as having been paid to the fixed penalty clerk or the Secretary of State in accordance with this Part only if the person—

(a) fulfils the identification requirements, and

(b) makes payment of the penalty to the clerk or the Secretary of State.

(3C) A person fulfils the identification requirements if—

(a) the person provides the clerk or the Secretary of State with identification information, or

(b) the clerk or the Secretary of State is otherwise satisfied of the person’s identity.

(3D) In this section “identification information” means—

(a) the person’s name and date of birth, and

(b) if the person is the holder of a licence, the licence number.]

(4) References in this Part of this Act [F9 (except in sections 75 to [F10 77A] )], in relation to any fixed penalty or fixed penalty notice, to the fixed penalty clerk are references to the [F11 designated officer or] clerk specified in accordance with subsection (1) above in the fixed penalty notice relating to that penalty or (as the case may be) in that fixed penalty notice.

Textual Amendments

F1 Words in s. 69(1) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 11(2); S.I. 2008/3164, art. 3(b)

F2 Words in s. 69(1) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 10 para. 9(2); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F3 Words in s. 69(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 315(2); S.I. 2005/910, art. 3(y)

F4 S. 69(1A) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 11(3); S.I. 2008/3164, art. 3(b)

F5 Words in s. 69(2) inserted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 93(4)(a), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F6 S. 69(2A) inserted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 93(4)(b), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F7 Words in s. 69(3) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 11(4); S.I. 2008/3164, art. 3(b)

F8 S. 69(3A)-(3D) inserted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 93(4)(c), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F9 Words in s. 69(4) inserted (1.7.1992) by Road Traffic Act 1991 (c.40, SIF 107:1), s. 48, Sch. 4 para. 105; S.I. 1992/1286, art. 2, Sch.

F10 Word in s. 69(4) substituted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 20; S.I. 2008/3164, art. 4(b)

F11 Words in s. 69(4) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 315(3); S.I. 2005/910, art. 3(y)