Road Traffic Offenders Act 1988

89 Interpretation. E+W+S

(1) In this Part of this Act—

• [F1 “the applicable Community rules” means any directly applicable EU provision for the time being in force about the driving of road vehicles and includes the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970, as amended, as applied by Article 2(3) of the Community Drivers’ Hours Regulation,]

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

• [F2 [F3 “British Transport Police” means the force of constables appointed under the British Transport Commission Act 1949 (c. xxix);]]

• [F4 “chief constable” means, in Scotland in relation to any conditional offer, the chief constable [F5 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 [F6 , 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,

• [F7 “the Community Drivers’ Hours Regulation” means Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15th March 2006 on the harmonisation of certain social legislation relating to road transport (and amending and repealing certain Council Regulations), as amended from time to time,]

• [F7 “contracting third country” means a country other than a member State which is a contracting party to—

  (a)

  the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970, as amended; or

  (b)

  the EEA agreement,]

• “court of summary jurisdiction” has the same meaning as in [F8 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,

• F9 . . .

• “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.

• [F10 “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 [F11 the Vehicle Excise and Registration Act 1994].

[F12 (3) For the purposes of this Part of this Act, a person commits a “Community drivers’ hours offence” if the person commits a fixed penalty offence under—

(a) section 96(11A) of the Transport Act 1968 (permitted driving time and periods of duty);

(b) section 98(4)(b) of the Transport Act 1968 (written records);

(c) section 99C of the Transport Act 1968 (failure to comply with prohibition), where the prohibition is imposed under section 99A(1)(b)(ii); or

(d) section 3(1) of the Road Traffic (Foreign Vehicles) Act 1972 (enforcement provisions) where the offence arises as a result of a contravention of the applicable Community rules.]

Textual Amendments

F1 Words in s. 89(1) inserted (31.1.2018) by The Community Drivers Hours Offences (Enforcement) Regulations 2018 (S.I. 2018/24), regs. 1, 5(2)(a)

F2 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)

F3 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)

F4 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.

F5 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

F6 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.

F7 Words in s. 89(1) inserted (31.1.2018) by The Community Drivers Hours Offences (Enforcement) Regulations 2018 (S.I. 2018/24), regs. 1, 5(2)(b)

F8 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)

F9 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)

F10 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)

F11 Words in s. 89(2)(c) substituted (1.9.1994) by 1994 c. 22, s. 63, Sch. 3 para. 25(1)

F12 S. 89(3) inserted (31.1.2018) by The Community Drivers Hours Offences (Enforcement) Regulations 2018 (S.I. 2018/24), regs. 1, 5(3)

Marginal Citations

M1 1980 c. 43.