PART 55ROAD TRAFFIC PENALTIES
Application for declaration about a course or programme certificate decision55.4
1
This rule applies where the court can declare unjustified—
a
a course provider’s failure or refusal to give a certificate of the defendant’s satisfactory completion of an approved course; or
b
a programme provider’s giving of a certificate of the defendant’s failure fully to participate in an approved programme.
2
A defendant who wants the court to exercise that power must—
a
apply in writing, not more than 28 days after—
i
the date by which the defendant was required to complete the course, or
ii
the giving of the certificate of failure fully to participate in the programme;
b
serve the application on the court officer; and
c
in the application, specify the course or programme and explain (as applicable)—
i
that the course provider has failed to give a certificate,
ii
where the course provider has refused to give a certificate, why the defendant disagrees with the reasons for that decision, or
iii
where the programme provider has given a certificate, why the defendant disagrees with the reasons for that decision.
3
The court officer must serve a copy of the application on the course or programme provider.
4
The court must not determine the application unless the defendant, and the course or programme provider, each has had an opportunity to make representations at a hearing (whether or not either in fact attends).
[Note. For the circumstances in which the court may reduce a road traffic penalty on condition that the defendant attend an approved course, or take part in an approved programme, see sections 30A, 34A and 34D of the Road Traffic Offenders Act 1988715.
Under sections 30B, 34B and 34E of the 1988 Act716, the court that made the order, or the defendant’s local magistrates’ court, on application by the defendant may review a course or programme provider’s decision that the defendant has not completed the course satisfactorily, or has not participated fully in the programme.]