- Latest available (Revised)
- Point in Time (09/02/2009)
- Original (As enacted)
Road Traffic Offenders Act 1988
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Section 72
Version Superseded: 31/03/2009
Alternative versions:
Status:
Point in time view as at 09/02/2009. This version of this provision has been superseded.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 72 is up to date with all changes known to be in force on or before 29 December 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.
72 Notices on-the-spot or at a police station: when registration and endorsement invalid.E+W+S
(1)This section applies where—
(a)a person who has received notice of the registration, by virtue of section 55(3) of this Act, of a sum under section 71 of this Act for enforcement against him as a fine makes a statutory declaration to the effect mentioned in subsection (2) below, and
(b)that declaration is, within twenty-one days of the date on which the person making it received notice of the registration, served on the [F1proper officer]of the relevant court.
(2)The statutory declaration must state—
(a)that the person making the declaration was not the person to whom the relevant fixed penalty notice was given, or
(b)that he gave notice requesting a hearing in respect of the alleged offence as permitted by the fixed penalty notice before the end of the suspended enforcement period.
(3)In any case within subsection (2)(a) above, the relevant fixed penalty notice, the registration and any proceedings taken before the declaration was served for enforcing payment of the sum registered shall be void.
(4)Where in any case within subsection (2)(a) above the person to whom the relevant fixed penalty notice was given surrendered a licence [F2and its counterpart] held by the person making the declaration, any endorsement of [F3that counterpart] made under section 57 of this Act in respect of the offence in respect of which that notice was given shall be void.
(5)In any case within subsection (2)(b) above—
(a)the registration, any proceedings taken before the declaration was served for enforcing payment of the sum registered, and any endorsement, in respect of the offence in respect of which the relevant fixed penalty notice was given, made under section 57 of this Act before the declaration was served, shall be void, and
(b)the case shall be treated after the declaration is served as if the person making the declaration had given notice requesting a hearing in respect of the alleged offence as stated in the declaration.
(6)The [proper officer] of the relevant court must—
(a)cancel an endorsement of [F4the counterpart of] a licence under section 57 of this Act that is void by virtue of this section on production of the licence [F4and its counterpart] to him for that purpose, and
(b)send notice of the cancellation to the Secretary of State.
(7)References in this section to the relevant fixed penalty notice are to the fixed penalty notice relating to the fixed penalty concerned.
Textual Amendments
F1Words in s. 72(1)(b)(6) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 151 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)
F2Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 20(a)(i)(ii)
F3Words substituted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 20(a)(i)(ii)
F4Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 20(b)(i)(ii)
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Cross Heading
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.