F1Part 3AFinancial penalty deposits
90APower to impose financial penalty deposit requirement
1
A constable or vehicle examiner may impose a financial penalty deposit requirement on a person on any occasion if the conditions in this section are satisfied.
2
The constable or vehicle examiner must have reason to believe—
a
that the person is committing or has on that occasion committed an offence relating to a motor vehicle, and
b
that the person, the offence and the circumstances in which the offence is committed are of a description specified in an order made by the Secretary of State.
3
The person must be—
a
given written notification that it appears likely that proceedings will be brought against him in respect of the offence, or
b
(if the offence is a fixed penalty offence) either given such notification or given a fixed penalty notice (or, in Scotland, handed a conditional offer) in respect of the offence.
4
The person must fail to provide a satisfactory address; and for this purpose “a satisfactory address” is an address in the United Kingdom at which the constable or vehicle examiner considers it likely that it would be possible to find the person whenever necessary to do so in connection with the proceedings, fixed penalty notice or conditional offer.
5
The person who is to impose the financial penalty deposit requirement—
a
if a constable, must be in uniform, and
b
if a vehicle examiner, must produce his authority.
Pt. 3A (ss. 90A-90F) inserted (5.1.2009) by Road Safety Act 2006 (c. 49), ss. 11(1), 61(1)(10) (with s. 61(3)); S.I. 2008/3164, art. 2(b)