Road Safety Act 2006

Road Traffic Offenders Act 1988 (c. 53)

15 (1) Section 75 (issue of conditional offer) is amended as follows.

(2) After subsection (1) insert—

“(1A) Where in England and Wales—

(a) a vehicle examiner has reason to believe that a fixed penalty offence has been committed, and

(b) no fixed penalty notice in respect of the offence has been given under section 54 of this Act or fixed to a vehicle under section 62 of this Act,

a notice under this section may be sent to the alleged offender by the Secretary of State.”

(3) After subsection (3A) insert—

“(3B) Where in Scotland a vehicle examiner—

(a) on any occasion has reason to believe that a person he finds is committing or has on that occasion committed a fixed penalty offence, he may hand to that person,

(b) in any case has reason to believe that a fixed penalty offence has been committed, he or another person authorised in that respect by the Secretary of State may send to the alleged offender,

a notice under this section.”

(4) In subsection (4), for “and (3)” substitute “to (3B)”.

(5) In subsection (6), for “person issues a conditional offer” substitute “conditional offer is issued by a person under subsection (1), (2) or (3) above”.

(6) In subsection (8), for—

(a) “the fixed penalty clerk”, and

(b) “that clerk”, in both places,

substitute “the appropriate person”.

(7) After subsection (11) insert—

“(11A) In this section and sections 76 and 77 of this Act “the appropriate person” means—

(a) where the conditional offer was issued under subsection (1), (2) or (3) above, the fixed penalty clerk, and

(b) where the conditional offer was issued under subsection (1A) or (3B) above, the Secretary of State.”