Road Traffic Offenders Act 1988

[77 Endorsement where penalty paid. E+W+S

(1) Where—

(a) in pursuance of a conditional offer a person (referred to in this section as the “licence holder”) makes payment of the fixed penalty to the clerk of court specified in the offer and delivers his licence [F1 and its counterpart]] to the clerk, and

(b) the clerk is not required by subsection (5) of section 76 of this Act to return the licence [F1 and its counterpart] to him and did not, before the payment was tendered, notify the procurator fiscal under subsection (6) of that section,

the clerk must thereupon endorse the relevant particulars on [F1 the counterpart of] the licence and return it to the licence holder [F2 together with the licence].

(2) Where it appears to a clerk of court that there is an error in an endorsement made by virtue of this section on [F3 the counterpart of] a licence he may amend the endorsement so as to correct the error; and the amended endorsement shall have effect and shall be treated for all purposes as if it had been correctly made on receipt of the fixed penalty.

(3) Subject to subsection (4) below, where a cheque tendered in payment is subsequently dishonoured—

(a) any endorsement made by a clerk of court under subsection (1) above remains effective, notwithstanding that the licence holder is still liable to prosecution in respect of the alleged offence to which the endorsement relates, and

(b) the clerk of court must, upon the expiry of the period specified in the conditional offer or, if the period has expired, forthwith notify the procurator fiscal who made the offer that no payment has been made.

(4) When proceedings are brought against a licence holder after the procurator fiscal has been notified in pursuance of subsection (3)(b) above, the court—

(a) must order the removal of the fixed penalty endorsement from [F4 the counterpart of] the licence, and

(b) may, on finding the licence holder guilty, make any competent order of endorsement or disqualification and pass any competent sentence.

(5) The reference in subsection (1) above to the relevant particulars is 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) The clerk of court must send notice to the Secretary of State—

(a) of any endorsement under subsection (1) above and of the particulars endorsed,

(b) of any amendment under subsection (2) above, and

(c) of any order under subsection (4)(a) above.

(7) Where [F5 the counterpart of] a person’s licence is endorsed under this section he shall be treated for the purposes of sections 13(4), 28, 29 and 45 of this Act and of the M1 Rehabilitation of Offenders Act 1974 as if—

(a) he had been convicted of the offence,

(b) the endorsement had been made in pursuance of an order made on his conviction by a court under section 44 of this Act, and

(c) the particulars of the offence endorsed by virtue of subsection (5)(a) above were particulars of his conviction of that offence.

(8) In relation to any endorsement of [F6 the counterpart of] a person’s licence under this section—

(a) the reference in section 45(4) of this Act to the order for endorsement, and

(b) the references in section 13(4) of this Act to any order made on a person’s conviction,

are to be read as references to the endorsement itself.

Textual Amendments

F1 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 23(a)(i)(ii)(iii)

F2 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 23(a)(iv)

F3 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 23(b)

F4 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 23(c)

F5 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 23(d)

F6 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 23(e)

Marginal Citations

M1 1974 c. 53.