F1Part 3AFinancial penalty deposits
90DProhibition on driving on failure to make payment
1
This section applies where a person on whom a financial penalty deposit requirement is imposed does not make an immediate payment of the appropriate amount in accordance with section 90B(1) of this Act (and any order made under it).
2
The constable or vehicle examiner by whom the requirement was imposed may prohibit the driving on a road of any vehicle of which the person was in charge at the time of the offence by giving to the person notice in writing of the prohibition.
3
The prohibition—
a
shall come into force as soon as the notice is given, and
b
shall continue in force until the happening of whichever of the events in subsection (4) below occurs first.
4
Those events are—
a
the person making a payment of the appropriate amount in accordance with section 90B(1) of this Act (and any order made under it) at any time during the relevant period,
b
(where a fixed penalty notice was given, or a conditional offer handed, to the person in respect of the offence) payment of the fixed penalty,
c
the person being convicted or acquitted of the offence,
d
the person being informed that he is not to be prosecuted for the offence, and
e
the coming to an end of the prosecution period.
5
A constable or vehicle examiner may by direction in writing require the person to remove the vehicle to which the prohibition relates (and, if it is a motor vehicle drawing a trailer, also to remove the trailer) to such place and subject to such conditions as are specified in the direction; and the prohibition does not apply to the removal of the vehicle (or trailer) in accordance with the direction.
6
A person who—
a
drives a vehicle in contravention of a prohibition under this section,
b
causes or permits a vehicle to be driven in contravention of such a prohibition, or
c
fails to comply within a reasonable time with a direction under subsection (5) above,
is guilty of an offence.
7
The Secretary of State may by order provide for exceptions from subsection (6) above.
8
Schedule 4 to the Road Safety Act 2006 makes provision about the immobilisation of vehicles the driving of which has been prohibited under this section and about their removal and disposal.
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)