Road Traffic Offenders Act 1988

89 Interpretation. E+W+S

(1) In this Part of this Act—

• “authorised person” has the meaning given by section 54(9) of this Act,

• [F1 [F2 “British Transport Police” means the force of constables appointed under the British Transport Commission Act 1949 (c. xxix);]]

• [F3 “chief constable” means, in Scotland in relation to any conditional offer, the chief constable [F4 of the Police Service of Scotland].]

• “chief officer of police” (except in the definition of “authorised person”) means, in relation to any fixed penalty notice [F5 , notice to owner or conditional offer], the chief officer of police for the police area in which the fixed penalty offence in question is alleged to have been committed,

• “court of summary jurisdiction” has the same meaning as in [F6 section 307(1) of the Criminal Procedure (Scotland) Act 1995],

• “driver” except in section 62 of this Act means, in relation to an alleged fixed penalty offence, the person by whom, assuming the offence to have been committed, it was committed,

• F7 . . .

• “petty sessions area” has the same meaning as in the M1 Magistrates’ Courts Act 1980, and

• “proceedings”, except in relation to proceedings for enforcing payment of a sum registered under section 71 of this Act, means criminal proceedings.

• [F8 “vehicle examiner” means an examiner appointed under section 66A of the Road Traffic Act 1988.]

(2) In this Part of this Act—

(a) references to a notice requesting a hearing in respect of an offence are references to a notice indicating that the person giving the notice wishes to contest liability for the offence or seeks a determination by a court with respect to the appropriate punishment for the offence,

(b) references to an offence include an alleged offence, and

(c) references to the person who is or was at any time the registered keeper of a vehicle are references to the person in whose name the vehicle is or was at that time registered under [F9 the Vehicle Excise and Registration Act 1994].

Textual Amendments

F1 Definition in s. 89 ceases to have effect (1.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), Sch. 5 para. 4; S.I. 2004/1572, art. 3(jjj)

F2 S. 89(1): Definition of British Transport Police inserted (1.10.2002) by 2002 c. 30, s. 76(6); S.I. 2002/2306, art. 2(d)(vii)

F3 Definition in s. 89(1) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 107(2); S.I. 1992/1286, art. 2, Sch.

F4 Words in s. 89(1) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 23

F5 Words in s. 89(1) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 107(3); S.I. 1992/1286, art. 2, Sch.

F6 S. 89(1): words in definition of "court of summary jurisdiction" substituted (1.4.1996) by 1995 c. 13, s. 5, Sch. 4 para. 71(10)

F7 S. 89(1): Definition of “justices' clerk” repealed (1.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. V(7) (with s. 107, Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2(c)(ii) (with Sch. 2 para. 2)

F8 Definition in s. 89(1) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 23; S.I. 2008/3164, art. 3(b)

F9 Words in s. 89(2)(c) substituted (1.9.1994) by 1994 c. 22, s. 63, Sch. 3 para. 25(1)

Marginal Citations

M1 1980 c. 43.