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Road Traffic Offenders Act 1988, Section 72 is up to date with all changes known to be in force on or before 31 August 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.
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(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 [F2proper 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.
F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(4A)Where in any case within subsection (2)(a) above the driving record of the person to whom the relevant fixed penalty notice was given was endorsed under section 57A of this Act in respect of the offence in respect of which the notice was given, the endorsement 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 F5... [F657A] 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.
F7(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F8(6A)The proper officer of the relevant court must send notice to the Secretary of State of any endorsement of a person's driving record that is void by virtue of this section and the Secretary of State must adjust the endorsements on that record accordingly.]
(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
F1Word in s. 72 heading substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 13(3); S.I. 2008/3164, art. 3(b)
F2Words 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)
F3S. 72(4) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 50(2), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
F4S. 72(4A) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 23(2); S.I. 2008/3164, art. 4(b)
F5Words in s. 72(5) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 50(3), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
F6Words in s. 72(5)(a) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 23(3); S.I. 2008/3164, art. 4(b)
F7S. 72(6) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 50(4), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
F8S. 72(6A) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 23(4); S.I. 2008/3164, art. 4(b)
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