65 Restrictions on proceedings against owner and others.
(1) In any case where a notice to owner relating to an offence may be served under section 63 of this Act, no proceedings shall be brought in respect of the offence against any person other than a person on whom such a notice has been served unless he is identified as the driver of the vehicle at the time of the alleged offence in a statutory statement of facts provided in pursuance of section 63(6)(b) of this Act by a person on whom such a notice has been served.
(2) Proceedings in respect of an offence to which a notice to owner relates shall not be brought against the person on whom the notice was served unless, before the end of the period allowed for response to the notice, he has given notice, in the manner indicated by the notice to owner, requesting a hearing in respect of the offence.
(3) Proceedings in respect of an offence to which a notice to owner relates may not be brought against any person identified as the driver of the vehicle in a statutory statement of facts provided in response to the notice if the fixed penalty is paid in accordance with this Part of this Act before the end of the period allowed for response to the notice.
(4) Once any sum determined by reference to the fixed penalty for an offence has been registered by virtue of section 64 of this Act under section 71 for enforcement as a fine against a person on whom a notice to owner relating to that offence has been served, no proceedings shall be brought against any other person in respect of that offence.
(1) This section applies where—
(a) a notice to owner has been served on a vehicle-hire firm,
(b) at the time of the alleged offence the vehicle in respect of which the notice was served was let to another person by the vehicle-hire firm under a hiring agreement to which this section applies, and
(c) within the period allowed for response to the notice the firm provides the relevant person with the documents mentioned in subsection (2) below.
(2) Those documents are a statement on an official form, signed by or on behalf of the firm, stating that at the time of the alleged offence the vehicle concerned was hired under a hiring agreement to which this section applies, together with—
(a) a copy of that hiring agreement, and
(b) a copy of a statement of liability signed by the hirer under that hiring agreement.
(3) In this section a “statement of liability” means a statement made by the hirer under a hiring agreement to which this section applies to the effect that the hirer acknowledges that he will be liable, as the owner of the vehicle, in respect of any fixed penalty offence which may be committed with respect to the vehicle during the currency of the hiring agreement and giving such information as may be prescribed.
(4) In any case where this section applies, sections 63, 64 and 65 of this Act shall have effect as if—
(a) any reference to the owner of the vehicle were a reference to the hirer under the hiring agreement, and
(b) any reference to a statutory statement of ownership were a reference to a statutory statement of hiring,
and accordingly references in this Part of this Act (with the exceptions mentioned below) to a notice to owner include references to a notice served under section 63 of this Act as it applies by virtue of this section.
This subsection does not apply to references to a notice to owner in this section or in section 81(2)(b) of or Part I of Schedule 4 to this Act.
(5) In any case where this section applies, a person authorised in that behalf by the person to whom the documents mentioned in subsection (2) above are provided may, at any reasonable time within six months after service of the notice to owner (and on the production of his authority) require the firm to produce the originals of the hiring agreement and statement of liability in question.
(6) If a vehicle-hire firm fails to produce the original of a document when required to do so under subsection (5) above, this section shall thereupon cease to apply (and section 64 of this Act shall apply accordingly in any such case after that time as it applies in a case where the person on whom the notice to owner was served has failed to provide a statutory statement of ownership in response to the notice within the period allowed).
(7) This section applies to a hiring agreement under the terms of which the vehicle concerned is let to the hirer for a fixed period of less than six months (whether or not that period is capable of extension by agreement between the parties or otherwise); and any reference in this section to the currency of the hiring agreement includes a reference to any period during which, with the consent of the vehicle-hire firm, the hirer continues in possession of the vehicle as hirer, after the expiry of the fixed period specified in the agreement, but otherwise on the terms and conditions so specified.
(8) In this section—
“hiring agreement” refers only to an agreement which contains such particulars as may be prescribed and does not include a hire-purchase agreement within the meaning of the Consumer Credit Act 1974, ...
“relevant person” means—
(a) if the fixed penalty notice was fixed by a constable, the chief officer of police by or on whose behalf the notice to owner was served, and
(b) if it was fixed by a vehicle examiner, the Secretary of State, and
“vehicle-hire firm” means any person engaged in hiring vehicles in the course of a business.
67 False statements in response to notices to owner.
A person who, in response to a notice to owner, provides a statement which is false in a material particular and does so recklessly or knowing it to be false in that particular is guilty of an offence.
68 “Owner”, “statutory statement” and “official form”.
(1) For the purposes of this Part of this Act, the owner of a vehicle shall be taken to be the person by whom the vehicle is kept; and for the purposes of determining, in the course of any proceedings brought by virtue of section 64(3) of this Act, who was the owner of a vehicle at any time, it shall be presumed that the owner was the person who was the registered keeper of the vehicle at that time.
(2) Notwithstanding the presumption in subsection (1) above, it is open to the defence in any proceedings to prove that the person who was the registered keeper of a vehicle at a particular time was not the person by whom the vehicle was kept at that time and to the prosecution to prove that the vehicle was kept by some other person at that time.
(3) References in this Part of this Act to statutory statements of any description are references to the statutory statement of that description defined in Schedule 4 to this Act; and that Schedule shall also have effect for the purpose of requiring certain information to be provided in official forms for the statutory statements so defined to assist persons in completing those forms and generally in determining what action to take in response to a notice to owner.
(4) In this Part of this Act “official form”, in relation to a statutory statement mentioned in Schedule 4 to this Act or a statement under section 66(2) of this Act, means a document supplied by or on behalf of a chief officer of police or the Secretary of State for use in making that statement.
(1) Where a fixed penalty notice has been given or fixed by a constable ... under this Part of this Act, payment of the fixed penalty must be made to such designated officer for a magistrates' court or, in Scotland, clerk of court as may be specified in the fixed penalty notice relating to that penalty.
(1A) Where a fixed penalty notice has been given or fixed by a vehicle examiner, or given by the Secretary of State, under this Part of this Act, payment of the fixed penalty must be made to the Secretary of State.
(2) Without prejudice to payment by any other method and subject to subsection (2A), payment of a fixed penalty under this Part of this Act may be made by properly addressing, pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) and, unless the contrary is proved, shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
(2A) Where a person has been given a fixed penalty notice under section 54 in respect of an offence involving obligatory endorsement, payment of the penalty may be made as mentioned in subsection (2) only if the letter also contains identification information.
(3) A letter is properly addressed for the purposes of subsection (2) above if it is addressed to the fixed penalty clerk , or the Secretary of State, at the address specified in the fixed penalty notice relating to the fixed penalty as the address at which the fixed penalty may be paid.
(3A) Subsection (3B) applies where—
(a) a person has been given a fixed penalty notice under section 54 in respect of an offence involving obligatory endorsement, and
(b) a method of payment other than that mentioned in subsection (2) is used.
(3B) The penalty is treated as having been paid to the fixed penalty clerk or the Secretary of State in accordance with this Part only if the person—
(a) fulfils the identification requirements, and
(b) makes payment of the penalty to the clerk or the Secretary of State.
(3C) A person fulfils the identification requirements if—
(a) the person provides the clerk or the Secretary of State with identification information, or
(b) the clerk or the Secretary of State is otherwise satisfied of the person’s identity.
(3D) In this section “identification information” means—
(a) the person’s name and date of birth, and
(b) if the person is the holder of a licence, the licence number.
(4) References in this Part of this Act (except in sections 75 to 77A ), in relation to any fixed penalty or fixed penalty notice, to the fixed penalty clerk are references to the designated officer or clerk specified in accordance with subsection (1) above in the fixed penalty notice relating to that penalty or (as the case may be) in that fixed penalty notice.
(1) This section and section 71 of this Act apply where by virtue of section 55(3) or 64(2) of this Act a sum determined by reference to the fixed penalty for any offence may be registered under section 71 of this Act for enforcement against any person as a fine.
In this section and section 71 of this Act—
(a) that sum is referred to as a “sum payable in default”, and
(b) the person against whom that sum may be so registered is referred to as the “defaulter”.
(2) Subject to subsection (3) below, the relevant person may in respect of any sum payable in default issue a certificate (referred to in this section and section 71 as a “registration certificate”) stating that the sum is registrable under section 71 for enforcement against the defaulter as a fine.
(2A) In subsection (2) above “the relevant person” means—
(a) if the fixed penalty notice in question was given or fixed by a constable ..., the chief officer of police, and
(b) if it was given or fixed by a vehicle examiner or given by the Secretary of State, the Secretary of State.
(3) Where the fixed penalty notice in question was given to the defaulter under section 54 in respect of an offence committed in Scotland—
(a) subsection (2) above does not apply, but
(b) the appropriate person must, unless the defaulter appears to him to reside within the jurisdiction of the court of summary jurisdiction of which he is himself the clerk, issue a registration certificate in respect of the sum payable in default.
(3A) In subsection (3) above “the appropriate person” means—
(a) if the fixed penalty notice in question was given or fixed by a constable ..., the fixed penalty clerk, and
(b) if it was given or fixed by a vehicle examiner or given by the Secretary of State, the Secretary of State.
(4) Where a person issues a registration certificate under this section, he must—
(a) if the defaulter appears to him to reside in England and Wales, cause it to be sent to the designated officer for the local justice area in which the defaulter appears to him to reside, ...
(b) if the defaulter appears to him to reside in Scotland, cause it to be sent to the clerk of a court of summary jurisdiction for the area in which the defaulter appears to him to reside, and
(c) otherwise—
(i) if the offence to which the fixed penalty notice or conditional offer relates was committed in England or Wales, cause it to be sent to the designated officer for the local justice area in which the offence was committed, or
(ii) if the offence was committed in Scotland, cause it to be sent to the clerk of a court of summary jurisdiction for the area in which the offence was committed.
(5) A registration certificate issued under this section in respect of any sum payable in default must—
(a) give particulars of the offence to which the fixed penalty notice relates,
(b) indicate whether registration is authorised under section 55(3) or 64(2) of this Act, and
(c) state the name and last known address of the defaulter and the amount of the sum payable in default.
(1) Where, in England and Wales, the designated officer for a local justice area receives a registration certificate issued under section 70 of this Act in respect of any sum payable in default—
(a) if it appears to him that the defaulter resides in a local justice area for which he is the designated officer, he must register that sum for enforcement as a fine in that area by entering it in the register of a magistrates’ court acting in that area, or
(b) if it appears to him that the defaulter resides in any other local justice area in England and Wales, he must send the certificate to the designated officer for that area, or
(c) if it appears to him that the defaulter resides in Scotland, he must send the certificate to the clerk of the court of summary jurisdiction for the area in which the defaulter appears to him to reside, or
(d) if it appears to him that the defaulter does not reside in England, Wales or Scotland—
(i) in a case where the offence to which the fixed penalty notice or conditional offer relates was committed in the local justice area for which he is the designated officer, he must register that sum for enforcement as a fine in that area by entering it in the register of a magistrates' court acting in that area,
(ii) in a case where it was committed in another local justice area in England and Wales, he must send the certificate to the designated officer for that area, and
(iii) in a case where it was committed in Scotland, he must send the certificate to the clerk of a court of summary jurisdiction for the area in which the offence was committed.
(2) Where, in Scotland, the clerk of a court receives a registration certificate issued under section 70 of this Act in respect of any sum payable in default—
(a) if it appears to him that the defaulter resides in the area of the court, he must register that sum for enforcement as a fine by that court, or
(b) if it appears to him that the defaulter resides in the area of any other court of summary jurisdiction in Scotland, he must send the certificate to the clerk of that court, or
(c) if it appears to him that the defaulter resides in England and Wales, he must send the certificate to the designated officer for the local justice area in which the defaulter appears to him to reside, or
(d) if it appears to him that the defaulter does not reside in England, Wales or Scotland—
(i) in a case where the offence to which the fixed penalty notice or conditional offer relates was committed in the area of the court, he must register that sum for enforcement as a fine by that court,
(ii) in a case where it was committed in an area of any other court of summary jurisdiction in Scotland, he must send the certificate to the clerk of that court, and
(iii) in a case where it was committed in England or Wales, he must send the certificate to the designated officer for the local justice area in which the offence was committed.
(2A) Subsections (1) and (2) apply to officers and clerks who receive certificates pursuant to the provision they contain as they apply to the original recipients.
(3) Where—
(a) the fixed penalty notice in question was given to the defaulter under section 54 of this Act in respect of an offence committed in Scotland, and
(b) the defaulter appears to the fixed penalty clerk to reside within the jurisdiction of the court of summary jurisdiction of which he is himself the clerk,
the fixed penalty clerk must register the sum payable in default for enforcement as a fine by that court.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) On registering any sum under this section for enforcement as a fine, the designated officer for a local justice area or, as the case may be, the clerk of a court of summary jurisdiction must give to the defaulter notice of registration—
(a) specifying the amount of that sum, and
(b) giving the information with respect to the offence and the authority for registration included in the registration certificate by virtue of section 70(5)(a) and (b) of this Act or (in a case within subsection (3) above) the corresponding information.
(7) On the registration of any sum in a magistrates’ court or a court of summary jurisdiction by virtue of this section any enactment referring (in whatever terms) to a fine imposed or other sum adjudged to be paid on the conviction of such a court shall have effect in the case in question as if the sum so registered were a fine imposed by that court on the conviction of the defaulter on the date of the registration.
(8) Accordingly, in the application by virtue of this section of the provisions of the Magistrates’ Courts Act 1980 relating to the satisfaction and enforcement of sums adjudged to be paid on the conviction of a magistrates’ court, section 85 of that Act (power to remit a fine in whole or in part) is not excluded by subsection (2) of that section (references in that section to a fine not to include any other sum adjudged to be paid on a conviction) from applying to a sum registered in a magistrates’ court by virtue of this section.
(9) For the purposes of this section, where the defaulter is a body corporate, the place where that body resides and the address of that body are either of the following—
(a) the registered or principal office of that body, and
(b) the address which, with respect to the vehicle concerned, is the address recorded in the record kept under the Vehicle Excise and Registration Act 1994 as being that body’s address.
72 Notices on-the-spot etc.: when registration and endorsement invalid.
(1) This section applies where—
(a) a person who has received notice of the registration, by virtue of section 55(3) of this Act, of a sum under section 71 of this Act for enforcement against him as a fine makes a statutory declaration to the effect mentioned in subsection (2) below, and
(b) that declaration is, within twenty-one days of the date on which the person making it received notice of the registration, served on the proper officer of the relevant court.
(2) The statutory declaration must state—
(a) that the person making the declaration was not the person to whom the relevant fixed penalty notice was given, or
(b) that he gave notice requesting a hearing in respect of the alleged offence as permitted by the fixed penalty notice before the end of the suspended enforcement period.
(3) In any case within subsection (2)(a) above, the relevant fixed penalty notice, the registration and any proceedings taken before the declaration was served for enforcing payment of the sum registered shall be void.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4A) Where in any case within subsection (2)(a) above the driving record of the person to whom the relevant fixed penalty notice was given was endorsed under section 57A of this Act in respect of the offence in respect of which the notice was given, the endorsement shall be void.
(5) In any case within subsection (2)(b) above—
(a) the registration, any proceedings taken before the declaration was served for enforcing payment of the sum registered, and any endorsement, in respect of the offence in respect of which the relevant fixed penalty notice was given, made under section ... 57A of this Act before the declaration was served, shall be void, and
(b) the case shall be treated after the declaration is served as if the person making the declaration had given notice requesting a hearing in respect of the alleged offence as stated in the declaration.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6A) The proper officer of the relevant court must send notice to the Secretary of State of any endorsement of a person's driving record that is void by virtue of this section and the Secretary of State must adjust the endorsements on that record accordingly.
(7) References in this section to the relevant fixed penalty notice are to the fixed penalty notice relating to the fixed penalty concerned.
73 Notices fixed to vehicles: when registration invalid.
(1) This section applies where—
(a) a person who has received notice of the registration, by virtue of section 64(2) of this Act, of a sum under section 71 of this Act for enforcement against him as a fine makes a statutory declaration to the effect mentioned in subsection (2) below, and
(b) that declaration is, within twenty-one days of the date on which the person making it received notice of the registration, served on the proper officer of the relevant court.
(2) The statutory declaration must state either—
(a) that the person making the declaration did not know of the fixed penalty concerned or of any fixed penalty notice or notice to owner relating to that penalty until he received notice of the registration, or
(b) that he was not the owner of the vehicle at the time of the alleged offence of which particulars are given in the relevant notice to owner and that he has a reasonable excuse for failing to comply with that notice, or
(c) that he gave notice requesting a hearing in respect of that offence as permitted by the relevant notice to owner before the end of the period allowed for response to that notice.
(3) In any case within subsection (2)(a) or (b) above—
(a) the relevant notice to owner,
(b) the registration, and
(c) any proceedings taken before the declaration was served for enforcing payment of the sum registered,
shall be void but without prejudice, in a case within subsection (2)(a) above, to the service of a further notice to owner under section 63 of this Act on the person making the declaration.
This subsection applies whether or not the relevant notice to owner was duly served in accordance with that section on the person making the declaration.
(4) In any case within subsection (2)(c) above—
(a) no proceedings shall be taken, after the statutory declaration is served until the end of the period of twenty-one days following the date of that declaration, for enforcing payment of the sum registered, and
(b) where before the end of that period a notice is served by or on behalf of the relevant person on the person making the declaration asking him to provide a new statutory statement of ownership to the relevant person before the end of the period of twenty-one days from the date on which the notice is served, no such proceedings shall be taken until the end of the period allowed for response to that notice.
(4A) In subsection (4) above “the relevant person” means—
(a) if the fixed penalty notice concerned was fixed by a constable, the fixed penalty clerk, and
(b) if it was fixed by a vehicle examiner, the Secretary of State.
(5) Where in any case within subsection (2)(c) above—
(a) no notice is served ... in accordance with subsection (4) above, or
(b) ... a notice is so served and the person making the declaration provides a new statutory statement of ownership in accordance with the notice,
then—
(i) the registration and any proceedings taken before the declaration was served for enforcing payment of the sum registered shall be void, and
(ii) the case shall be treated after the time mentioned in subsection (6) below as if the person making the declaration had given notice requesting a hearing in respect of the alleged offence as stated in the declaration.
(6) The time referred to in subsection (5) above is—
(a) in a case within paragraph (a) of that subsection, the end of the period of twenty-one days following the date of the statutory declaration,
(b) in a case within paragraph (b) of that subsection, the time when the statement is provided.
(7) In any case where notice is served ... in accordance with subsection (4) above, the person by whom it is served must cause the proper officer of the relevant court to be notified of that fact immediately on service of the notice.
(8) References in this section to the relevant notice to owner are to the notice to owner relating to the fixed penalty concerned.
74 Provisions supplementary to sections 72 and 73.
(1) In any case within section 72(2)(b) or 73(2) of this Act—
(a) section 127(1) of the Magistrates’ Courts Act 1980 (limitation of time), and
(b) section 331(1) of the Criminal Procedure (Scotland) Act 1975 (statutory offences time limit),
shall have effect as if for the reference to the time when the offence was committed or (as the case may be) the time when the contravention occurred there were substituted a reference to the date of the statutory declaration made for the purposes of section 72(1) or, as the case may be, 73(1).
(2) Where, on the application of a person who has received notice of the registration of a sum under section 71 of this Act for enforcement against him as a fine, it appears to the relevant court (which for this purpose may be composed of a single justice) that it was not reasonable to expect him to serve, within twenty-one days of the date on which he received the notice, a statutory declaration to the effect mentioned in section 72(2) or, as the case may be, 73(2) of this Act, the court may accept service of such a declaration by that person after that period has expired.
(3) A statutory declaration accepted under subsection (2) above shall be taken to have been served as required by section 72(1) or, as the case may be, section 73(1) of this Act.
(4) For the purposes of sections 72(1) and 73(1) of this Act, a statutory declaration shall be taken to be duly served on the proper officer of the relevant court if it is delivered to him, left at his office, or sent in a registered letter or by the recorded delivery service addressed to him at his office.
(5) In sections 72, 73 and this section—
(a) references to the relevant court are—
(i) in the case of a sum registered under section 71 of this Act for enforcement as a fine in a local justice area in England and Wales, references to any magistrates’ court acting in that area, and
(ii) in the case of a sum registered under that section for enforcement as a fine by a court of summary jurisdiction in Scotland, references to that court,
(b) references to the proper officer of the relevant court are—
(i) in the case of a magistrates’ court, references to the designated officer for that court, and
(ii) in the case of a court of summary jurisdiction in Scotland, references to the clerk of the court, and
(c) references to proceedings for enforcing payment of the sum registered are references to any process issued or other proceedings taken for or in connection with enforcing payment of that sum.
(6) For the purposes of sections 72, 73 and this section, a person shall be taken to receive notice of the registration of a sum under section 71 of this Act for enforcement against him as a fine when he receives notice either of the registration as such or of any proceedings for enforcing payment of the sum registered.
(7) Nothing in the provisions of sections 72 or 73 or this section is to be read as prejudicing any rights a person may have apart from those provisions by virtue of the invalidity of any action purportedly taken in pursuance of this Part of this Act which is not in fact authorised by this Part of this Act in the circumstances of the case; and, accordingly, references in those provisions to the registration of any sum or to any other action taken under or by virtue of any provision of this Part of this Act are not to be read as implying that the registration or action was validly made or taken in accordance with that provision.
(1) Where in England and Wales—
(a) a constable 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 or on behalf of the chief officer of police or, if the constable is a member of the British Transport Police, by or on behalf of the chief constable of the British Transport Police.
(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.
(2) Where in Scotland a procurator fiscal receives a report that—
(a) an offence specified in Schedule 3 to this Act has been committed,
(b) an offence specified in Schedule 5 to this Act has been committed,
(c) an offence referred to in paragraph (a) or (b) above has been committed, being an offence of causing or permitting a vehicle to be used by another person in contravention of any provision made or any restriction or prohibition imposed by or under any enactment, or
(d) an offence of aiding, abetting, counselling, procuring or inciting the commission of an offence referred to in this subsection, has been committed,
he may send a notice under this section to the alleged offender.
(3) Where in Scotland, a constable—
(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,
(aa) on any occasion has reason to believe that a person he finds has, within the period of 28 days before the day of that occasion, committed a Community drivers’ hours 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 chief constable may send to the alleged offender,
a notice under this section.
(3A) Where a constable is a constable of the British Transport Police Force subsection (3) shall have effect as if the reference to the chief constable were a reference to the chief constable of that force.
(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,
(aa) on any occasion has reason to believe that a person he finds has, within the period of 28 days before the day of that occasion, committed a Community drivers’ hours 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.
(3C) A constable or vehicle examiner may not hand a person a conditional offer under subsection (3) or (3B) for a Community drivers’ hours offence where the constable or vehicle examiner has reason to believe that—
(a) a fixed penalty notice has already been given to the person under section 54 of this Act in relation to the offence;
(b) a conditional offer has already been issued to the person under this section in relation to the offence;
(c) proceedings have already been initiated against the person for the offence; or
(d) any other penalty has already been imposed on, or other proceedings have already been initiated against, the person in respect of the relevant breach in Northern Ireland , an EU member State, or in another contracting country.
(3D) In subsection (3C)(d) “relevant breach” means the breach of the applicable Community rules which constitutes the Community drivers’ hours offence concerned.
(4) Subsections (2) to (3B) above shall not apply where a fixed penalty notice in respect of the offence has been given under section 54 of this Act or has been fixed to a vehicle under section 62 of this Act.
(5) A notice under this section is referred to in this section and sections 76 and 77A as a “conditional offer”.
(6) Where a conditional offer is issued by a person under subsection (1), (2) or (3) above, he must notify the designated officer, or in Scotland clerk of court, specified in it of its issue and its terms; and he is referred to in this section and sections 76 and 77A as “the fixed penalty clerk”.
(7) A conditional offer must—
(a) give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence,
(b) state the amount of the fixed penalty for that offence, and
(ba) give details of the identification information that may be required where the conditional offer relates to an offence involving obligatory endorsement,
(c) state that proceedings against the alleged offender cannot be commenced in respect of that offence until the end of the period of twenty-eight days following the date on which the conditional offer was issued or such longer period as may be specified in the conditional offer.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8A) A conditional offer sent to an alleged offender ... must indicate that if the following conditions are fulfilled, that is—
(a) within the period of twenty-eight days following the date on which the offer was issued, or such longer period as may be specified in the offer, the alleged offender
(i) makes payment of the fixed penalty to the appropriate person, and
(ii) where the conditional offer relates to an offence involving obligatory endorsement, fulfils the identification requirements,
(b) the appropriate person is satisfied, on accessing information held on the driving record of the alleged offender, that if he were convicted of the offence, he would not be liable to be disqualified under section 35 of this Act,
any liability to conviction of the offence shall be discharged.
(8B) For the purposes of subsection (8A)(a)(ii), an alleged offender fulfils the identification requirements if—
(a) the alleged offender provides the appropriate person with identification information, or
(b) the appropriate person is otherwise satisfied of the alleged offender’s identity.
(8C) In this section “identification information” means—
(a) the alleged offender’s name and date of birth, and
(b) if the alleged offender is the holder of a licence, the licence number.
(9) For the purposes of the conditions set out in subsection ... (8A)(b) above, it shall be assumed, in the case of an offence in relation to which a range of numbers is shown in the last column of Part I of Schedule 2 to this Act, that the number of penalty points to be attributed to the offence would be the lowest in the range.
(10) The Secretary of State may by order provide for offences to become or (as the case may be) to cease to be offences in respect of which a conditional offer may be sent under subsection (2)(b) above, and may make such modifications of the provisions of this Part of this Act as appear to him to be necessary for the purpose.
(11) An offence committed by aiding, abetting, counselling, procuring or inciting the commission of an offence which is an offence involving obligatory endorsement is itself an offence involving obligatory endorsement for the purposes of the application of this Part of this Act in Scotland.
(11A) In this section and sections 76 and 77A 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.
(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This section applies where a conditional offer has been issued to a person under section 75 of this Act.
(2) Where the alleged offender has fulfilled the conditions specified in the conditional offer under section 75(8A)(a), no proceedings shall be brought against him for the offence to which the offer relates unless subsection (3) below applies.
(3) This subsection applies where—
(a) it appears to the appropriate person, on ... accessing information held on the alleged offender's driving record, that the alleged offender would be liable to be disqualified under section 35 of this Act if he were convicted of the offence to which the conditional offer relates,
(b) the appropriate person returns the payment to the alleged offender ... ..., and
(c) where the appropriate person is not the Secretary of State, the appropriate person gives notice that he has done so to the person required to be notified.
(4) Where the alleged offender has not fulfilled the conditions specified in the conditional offer under section 75(8A)(a), no proceedings shall be brought against the alleged offender for the offence to which the offer relates—
(a) until the end of the period of twenty-eight days following the date on which the conditional offer was made, or such longer period as may be specified in the offer, and
(b) where the appropriate person is not the Secretary of State, unless the appropriate person notifies the person required to be notified that proceedings may be brought by virtue of this subsection.
(5) In this section and section 77A of this Act “ the person required to be notified ” means—
(a) if the conditional offer was issued under subsection (1) of section 75 of this Act, the chief officer of police,
(b) if it was issued under subsection (2) of that section, the procurator fiscal, and
(c) if it was issued under subsection (3) of that section, the chief constable or (as the case may be) the chief constable of the British Transport Police Force.
(6) In determining for the purposes of subsection (3)(a) above whether a person convicted of an offence would be liable to disqualification under section 35, it shall be assumed, in the case of an offence in relation to which a range of numbers is shown in the last column of Part I of Schedule 2 to this Act, that the number of penalty points to be attributed to the offence would be the lowest in the range.
(7) In any proceedings a certificate that by a date specified in the certificate payment of a fixed penalty was or was not received by the appropriate person shall, if the certificate purports to be signed by the appropriate person, be evidence, or in Scotland sufficient evidence, of the facts stated.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) In Scotland, the Secretary of State may by regulations vary the provisions of subsection (5)(b) or (c) above.
77A Endorsement of driving records where penalty paid
(1) Where—
(a) a conditional offer has been issued to a person (“the alleged offender”) under section 75(1), (2) or (3),
(b) proceedings against the alleged offender for the offence to which the conditional offer relates are excluded by section 76(2) of this Act,
the fixed penalty clerk must forthwith send to the Secretary of State notice of the relevant particulars to be endorsed on the alleged offender's driving record ....
(2) The Secretary of State must endorse the relevant particulars on a person's driving record ...—
(a) on receiving notice under subsection (1) above, or
(b) in a case where—
(i) a conditional offer is issued to a person (“the alleged offender”) under section 75(1A) or (3B), and
(ii) proceedings against the alleged offender are excluded by section 76(2).
(3) Where in Scotland the appropriate person is the fixed penalty clerk and it appears to him that there is an error in an endorsement made by virtue of this section on a person's driving record, he may send to the Secretary of State notice of the error.
(4) Subject to subsection (5) below, where a cheque tendered in payment is subsequently dishonoured—
(a) any endorsement made by the Secretary of State under subsection (2) above remains effective notwithstanding that the alleged offender is still liable to prosecution in respect of the alleged offence to which the endorsement relates, and
(b) unless the appropriate person is the Secretary of State, the appropriate person must upon expiry of the period specified in the conditional offer or, if the period has expired, forthwith notify the person required to be notified that no payment has been made.
(5) When proceedings are brought against an alleged offender where subsection (4) above applies, the court—
(a) must order the removal of the fixed penalty endorsement from the driving record of the alleged offender,
(b) may, on finding the alleged offender guilty, make any competent order of endorsement or disqualification and pass any competent sentence, and
(c) must send to the Secretary of State notice of any order made under paragraph (a) or (b) above.
(6) On receiving notice under subsection (3) above, the Secretary of State may correct the error in the endorsement on the driving record; and any endorsement corrected shall be treated for all purposes as if it had been correctly made on receipt of the fixed penalty.
(7) On receiving a notice under subsection (5)(c) above, the Secretary of State must make any necessary adjustments to the endorsements on the alleged offender's driving record.
(8) The references in subsection (1) and (2) above to the relevant particulars are to—
(a) particulars of the offence, including the date when it was committed, and
(b) the number of penalty points to be attributed to the offence.
(9) Where a person's driving record is endorsed under this section he shall be treated for the purposes of sections 13(4), 28, 29 and 45A of this Act and of the Rehabilitation of Offenders Act 1974 as if—
(a) he had been convicted of the offence,
(b) the endorsement had been made in pursuance of an order made on his conviction by a court under section 44 of this Act, and
(c) the particulars of the offence endorsed by virtue of subsection (8)(a) above were particulars of his conviction of that offence.
(10) In relation to any endorsement of a person's driving record under this section, the references in section 13(4) of this Act to any order made on a person's conviction are to be read as references to the endorsement itself.
(1) Proceedings shall not be brought against any person for the offence to which a fixed penalty notice relates until the end of the suspended enforcement period.
(2) Proceedings shall not be brought against any person for the offence to which a fixed penalty notice relates if the fixed penalty is paid in accordance with this Part of this Act before the end of the suspended enforcement period.
(1) In any proceedings a certificate that a copy of a statement by a constable or vehicle examiner with respect to the alleged offence (referred to in this section as a “relevant witness statement”) was included in or given with a fixed penalty notice ... given to the accused on a date specified in the certificate shall, if the certificate purports to be signed by the ... person who gave the accused the notice, be evidence of service of a copy of that statement by delivery to the accused on that date.
(2) In any proceedings a certificate that a copy of a relevant witness statement was included in or served with a notice to owner served on the accused in the manner and on a date specified in the certificate shall, if the certificate purports to be signed by any person employed as a civilian police employee , or by a police volunteer designated under section 38 of the Police Reform Act 2002, for the police area in which the offence to which the proceedings relate is alleged to have been committed or on behalf of the Secretary of State, be evidence of service in the manner and on the date so specified both of a copy of that statement and of the notice to owner.
(3) Any address specified in any such certificate as is mentioned in subsection (2) above as being the address at which service of the notice to owner was effected shall be taken for the purposes of any proceedings in which the certificate is tendered in evidence to be the accused’s proper address, unless the contrary is proved.
(4) Where a copy of a relevant witness statement is included in or served with a notice to owner served in any manner in which the notice is authorised to be served under this Part of this Act, the statement shall be treated as duly served for the purposes of section 9 of the Criminal Justice Act 1967 (proof by written statement) notwithstanding that the manner of service is not authorised by Criminal Procedure Rules.
(5) In relation to any proceedings in which service of a relevant witness statement is proved by certificate under this section—
(a) that service shall be taken for the purposes of subsection (2)(c) of that section (copy of statement to be tendered in evidence to be served before hearing on other parties to the proceedings by or on behalf of the party proposing to tender it) to have been effected by or on behalf of the prosecutor, and
(b) subsection (2)(d) of that section (time for objection) shall have effect with the substitution, for the reference to seven days from the service of the copy of the statement, of a reference to seven days from the relevant date.
(5A) For the purposes of subsection (2), a person is employed as a civilian police employee for a police area if—
(a) in the case of a police area listed in Schedule 1 to the Police Act 1996, the person is a member of the civilian staff of the police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011) maintained for that area;
(b) in the case of the metropolitan police district, the person is a member of the civilian staff of the metropolitan police force (within the meaning of that Part of that Act);
(c) in the case of the City of London, the person is employed by the Common Council of the City of London in its capacity as police authority.
(6) In subsection (5)(b) above “relevant date” means—
(a) where the accused gives notice requesting a hearing in respect of the offence in accordance with any provision of this Part of this Act, the date on which he gives that notice...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) This section does not extend to Scotland.
In any proceedings a certificate—
(a) that payment of a fixed penalty was or was not received, by a date specified in the certificate, by the person to whom it was required to be paid, or
(b) that a letter containing an amount sent by post in payment of a fixed penalty was marked as posted on a date so specified , or
(c) that the identification requirements specified in section 69(3C) or 75(8B) have been fulfilled,
shall, if the certificate purports to be signed by the person to whom the penalty was required to be paid, be evidence (and, in Scotland, sufficient evidence) of the facts stated.
(1) Where—
(a) any person is charged with a fixed penalty offence, and
(b) the prosecutor produces to the court a document to which this subsection applies purporting to have been signed by the accused,
the document shall be presumed, unless the contrary is proved, to have been signed by the accused and shall be evidence (and, in Scotland, sufficient evidence) in the proceedings of any facts stated in it tending to show that the accused was the owner, the hirer or the driver of the vehicle concerned at a particular time.
(2) Subsection (1) above applies to any document purporting to be—
(a) a notice requesting a hearing in respect of the offence charged given in accordance with a fixed penalty notice relating to that offence, or
(b) a statutory statement of any description defined in Schedule 4 to this Act or a copy of a statement of liability within the meaning of section 66 of this Act provided in response to a notice to owner.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A) This section ... applies where—
(a) particulars are endorsed on a person's driving record under section 57A of this Act because the fixed penalty clerk or the Secretary of State is deceived as to whether endorsement under that section is excluded by section 61A(2) of this Act by virtue of the fact that the person to whom the fixed penalty notice was given would be liable to be disqualified under section 35 of this Act if he were convicted of the offence, or
(b) particulars are endorsed on a person's driving record under section 77A of this Act because the appropriate person or court is deceived as to whether proceedings against the person are excluded by section 76 of this Act by virtue of the fact that the person to whom the conditional offer is issued would be liable to be disqualified under section 35 of this Act if he were convicted of the offence.
(2) If—
(a) the deception constituted or was due to an offence committed by the person to whom the fixed penalty notice was given or conditional offer was issued , and
(b) he is convicted of that offence,
the court by or before which he is convicted shall have the same powers and duties as it would have had if he had also been convicted by or before it of the offence of which particulars were endorsed under section ... 57A or, as the case may be, ... 77A of this Act.
The Secretary of State may by regulations make provision as to any matter incidental to the operation of this Part of this Act, and in particular—
(a) for prescribing any information or further information to be provided in any notice, notification, certificate or receipt under section 52(1), ... 59(1), ... 63(2), 70(2) and (3)(b), 73(4)(b), 75(1), (1A), (2), (3) or (3B) or 76(3)(c) or (4)(b) of this Act or in any official form for a statutory statement mentioned in Schedule 4 to, or a statement under section 66(2) of, this Act, and
(b) the amount of the penalty stated in the offer is less than the fixed penalty applicable in the circumstances,
Any notice sent to the Secretary of State under this Part must be sent in such manner and to such address and contain such particulars as the Secretary of State may determine.
(A1) Subsections (A2) to (A4) apply in relation to an offence alleged to have taken place in England and Wales.
(A2) Subject to any requirement of this Part of this Act with respect to the manner in which a person may be provided with any such document, the person may be provided with the following documents in accordance with Criminal Procedure Rules (but without prejudice to any other method of providing them), that is to say—
(a) any of the statutory statements mentioned in Schedule 4 to this Act, and
(b) any of the documents mentioned in section 66(2) of this Act.
(A3) A notice to owner may be served on any person in accordance with Criminal Procedure Rules.
(A4) For the purposes of subsections (A2) and (A3)—
(a) Criminal Procedure Rules (as they have effect from time to time) apply to the document to be provided or (as the case may be) the notice to be served as if it were a document to be served in criminal proceedings before a magistrates’ court, and
(b) any magistrates’ court may discharge functions conferred on a court by those Rules in relation to such service.
(A5) Subsections (1) to (5) apply in relation to an offence alleged to have taken place outside England and Wales.
(1) Subject to any requirement of this Part of this Act with respect to the manner in which a person may be provided with any such document, he may be provided with the following documents by post (but without prejudice to any other method of providing him with them), that is to say—
(a) any of the statutory statements mentioned in Schedule 4 to this Act, and
(b) any of the documents mentioned in section 66(2) of this Act.
(2) Where a notice requesting a hearing in respect of an offence is permitted by a fixed penalty notice or notice to owner relating to that offence to be given by post, section 7 of the Interpretation Act 1978 (service of documents by post) shall apply as if that notice were permitted to be so given by this Act.
(3) A notice to owner may be served on any person—
(a) by delivering it to him or by leaving it at his proper address, or
(b) by sending it to him by post,
and where the person on whom such a notice is to be served is a body corporate it is duly served if it is served on the secretary or clerk of that body.
(4) For the purposes of this Part of this Act and of section 7 of the Interpretation Act 1978 as it applies for the purposes of subsection (3) above the proper address of any person in relation to the service on him of a notice to owner is—
(a) in the case of the secretary or clerk of a body corporate, that of the registered or principal office of that body or the registered address of the person who is or was the registered keeper of the vehicle concerned at the time of service, and
(b) in any other case, his last known address at the time of service.
(5) In subsection (4) above, “registered address”, in relation to the registered keeper of a vehicle, means the address recorded in the record kept under the Vehicle Excise and Registration Act 1994 with respect to that vehicle as being that person’s address.
(1) An order under section 95(5) of the Road Traffic Regulation Act 1984 may not authorise the employment of a traffic warden to discharge any function under this Part of this Act in respect of an offence if the offence appears to the traffic warden to be an offence involving obligatory endorsement unless that offence was committed whilst the vehicle concerned was stationary..
(2) In so far as an order under that section authorises the employment of traffic wardens for the purposes of this Part of this Act, references in this Part of this Act to a constable or, as the case may be, to a constable in uniform include a traffic warden.
The Secretary of State must issue guidance to chief officers of police for police areas and to the chief constable of the British Transport Policein respect of the operation of this Part of this Act with the objective so far as possible of working towards uniformity.
(1) Any power conferred by this Part of this Act on the Secretary of State to make any order or regulations shall be exercisable by statutory instrument.
(2) Before making—
(a) an order under section 51, 53 or 75 of this Act, or
(b) regulations under section 84 of this Act,
the Secretary of State must consult with such representative organisations as he thinks fit.
(3) A statutory instrument containing regulations or an order under any provision of this Part of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) Regulations under this Part of this Act may—
(a) make different provision for different cases, and
(b) contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the regulations.
(1) In this Part of this Act—
“the applicable Community rules” has the meaning given by section 103(1) of the Transport Act 1968,
...
“British Transport Police” means the force of constables appointed under the British Transport Commission Act 1949 (c. xxix);
“chief constable” means, in Scotland in relation to any conditional offer, the chief constable of the Police Service of Scotland.
“chief officer of police” ... means, in relation to any fixed penalty notice , 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,
“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,
“contracting ... country” means a country ... which is a contracting party to—
the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970, as amended; ...
...
“court of summary jurisdiction” has the same meaning as in 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,
. . .
“petty sessions area” has the same meaning as in the 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.
“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 the Vehicle Excise and Registration Act 1994.
(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.
The expressions listed in the left hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Part of this Act listed in the right-hand column in relation to those expressions.
The applicable Community rules | Section 89(1)
. . . | . . .
Community drivers’ hours offence | Section 89(3)
The Community Drivers’ Hours Regulation | Section 89(1)
Contracting third country | Section 89(1)
Conditional offer | 75(5)
Fixed penalty | Section 53
Fixed penalty clerk | Section 69(4) and 75(6)
Fixed penalty notice | Section 52
Fixed penalty offence | Section 51
Notice to owner | Sections 63(2) and 66(4)
Notice requesting a hearing in respect of an offence | Section 89(2)
Offence | Section 89(2)
Official form | Section 68(4)
Owner | Section 68(1)
Period allowed for response to a notice to owner | Section 63(5)
Proper address, in relation to the service of a notice to owner | Section 85(4)
Registered keeper | Section 89(2)
Statutory statement of facts | Part II of Schedule 4
Statutory statement of hiring | Part I of Schedule 4
Statutory statement of ownership | Part I of Schedule 4
Suspended enforcement period | Section 52(3)(a)
Time of the alleged offence | Section 63(3)
90A Power 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—
(i) is committing or has on that occasion committed an offence relating to a motor vehicle or trailer; or
(ii) has, within the period of 28 days before the day of that occasion, committed an offence relating to a motor vehicle which is a Community drivers’ hours offence, 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.
(6) A constable or vehicle examiner may not impose a financial penalty deposit requirement on a person under this section in relation to a Community drivers’ hours offence where the constable or vehicle examiner has reason to believe that—
(a) a financial penalty deposit requirement has already been imposed on the person under this section in relation to the offence;
(b) proceedings have already been initiated against the person for the offence; or
(c) any other penalty has already been imposed on, or other proceedings have already been initiated against, the person in respect of the relevant breach in Northern Ireland or in another contracting country.
(7) In subsection (6)(c) “relevant breach” means the breach of the applicable Community rules which constitutes the Community drivers’ hours offence.
(1) For the purposes of this Part of this Act a financial penalty deposit requirement is a requirement to make a payment of the appropriate amount to the Secretary of State—
(a) in a manner specified in an order made by him, and
(b) either immediately or within the relevant period.
(2) In this Part of this Act “the appropriate amount”, in relation to an offence and a person, is an amount specified in relation to the offence in an order made by the Secretary of State; and different amounts may be so specified—
(a) by reference to whether the person is given notification that it appears likely that proceedings will be brought against him or given a fixed penalty notice (or handed a conditional offer), and
(b) otherwise by reference to the circumstances of the offence.
(3) In this Part of this Act “the relevant period” means—
(a) if the person was given a fixed penalty notice and proceedings are not brought in respect of the offence by virtue of this Act before the end of the suspended enforcement period, the suspended enforcement period,
(b) if he was handed a conditional offer and proceedings are not brought in respect of the offence by virtue of this Act before the end of the period of 28 days following the date on which the conditional offer was given or any longer period specified in the conditional offer, that period, and
(c) otherwise, the period ending with the person being charged with the offence.
90C Making of payment in compliance with requirement
(1) This section applies where a person on whom a financial penalty deposit requirement is imposed in respect of an offence makes a payment of the appropriate amount in accordance with section 90B(1) of this Act (and any order made under it).
(2) On payment by the person of the appropriate amount the person by whom the payment is received must issue him with a written receipt for the payment specifying the effect of the following provisions of this section.
(3) If the person was handed a conditional offer—
(a) the person is entitled to give notice requesting a hearing in respect of the offence, and
(b) the written receipt must specify the manner in which such notice is to be given.
(4) In a case where—
(a) a fixed penalty notice relating to the offence has been given to the person or a conditional offer so relating has been handed to him,
(b) the person does not give notice requesting a hearing in respect of the offence before the end of the relevant period in the appropriate manner, and
(c) proceedings are not brought in respect of the offence by virtue of this Act,
subsection (6) below applies.
(5) In subsection (4)(b) above “the appropriate manner” means—
(a) if the person was given a fixed penalty notice, the manner specified in the fixed penalty notice, and
(b) if he was handed a conditional offer, the manner specified in the written receipt under subsection (2) above.
(6) Where this subsection applies, the Secretary of State must—
(a) apply so much of the payment as does not exceed the amount of the fixed penalty in or towards payment of the fixed penalty, and
(b) take the appropriate steps to make any appropriate refund to the person.
(7) In any other case—
(a) if the person is informed that he is not to be prosecuted for the offence, is acquitted of the offence or is convicted but not fined in respect of it, or the prosecution period comes to an end without a prosecution having been commenced against him in respect of it, subsection (9) below applies, and
(b) if a fine is imposed on the person in respect of the offence (otherwise than as a result of a conviction obtained on a prosecution commenced after the end of the prosecution period), subsection (10) below applies.
(8) In this Part of this Act “the prosecution period” means the period of twelve months beginning with the imposition of the financial penalty deposit requirement or, if shorter, any period after which no prosecution may be commenced in respect of the offence.
(9) Where this subsection applies, the Secretary of State must take the appropriate steps to make the appropriate refund to the person.
(10) Where this subsection applies, the Secretary of State must—
(a) apply so much of the payment as does not exceed the amount of the fine in or towards payment of the fine, and
(b) take the appropriate steps to make any appropriate refund to the person.
(11) Where the Secretary of State is required by this section to take the appropriate steps to make an appropriate refund, he must take such steps to trace the person and to make the refund to him, by such means, as are specified in an order made by the Secretary of State.
(12) In this Part of this Act “the appropriate refund”, in any case, is a refund of—
(a) where subsection (6) above applies, so much of the payment as exceeds the amount of the fixed penalty,
(b) where subsection (9) above applies, the amount of the payment, and
(c) where subsection (10) above applies, so much of the amount of the payment as exceeds the amount of the fine,
together with interest calculated in accordance with provision made by order made by the Treasury.
90D Prohibition 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.
(1) Any power conferred by section 90A, 90B, 90C or 90D of this Act on the Secretary of State or the Treasury to make an order shall be exercisable by statutory instrument.
(2) Before making an order under any of those sections the Secretary of State or the Treasury must consult with such representative organisations as appear appropriate.
(3) An order under any of those sections may make different provision for different cases.
(4) No order shall be made under section 90B(2) of this Act unless a draft of the instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
(5) A statutory instrument containing an order under section 90A, 90B(1), 90C or 90D of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In sections 90A to 90D of this Act—
“the applicable Community rules” has the meaning given by section 89(1) of this Act,
“the appropriate amount” has the meaning given by section 90B(2) of this Act,
“the appropriate refund” has the meaning given by section 90C(12) of this Act,
“Community drivers’ hours offence” has the meaning given by section 89(3) of this Act,
“conditional offer” means a notice under section 75(3)(a) or (3B)(a) of this Act,
“contracting ... country” has the meaning given by section 89(1) of this Act.
“financial penalty deposit requirement” has the meaning given by section 90B(1) of this Act,
“fixed penalty notice” has the meaning given by section 52 of this Act,
“fixed penalty offence” is to be construed in accordance with section 51 of this Act,
“the prosecution period” has the meaning given by section 90C(8) of this Act,
“the relevant period” has the meaning given by section 90B(3) of this Act,
“suspended enforcement period” is to be construed in accordance with section 52(3)(a) of this Act, and
“vehicle examiner” means an examiner appointed under section 66A of the Road Traffic Act 1988.
(1) A policing body may charge a fee for enrolment on an approved course offered as an alternative to prosecution in England and Wales for a specified fixed penalty offence.
(2) A fee may be set at a level that exceeds the cost of an approved course and related administrative expenses, but any excess must be used for the purpose of promoting road safety.
(3) The Secretary of State may by regulations make further provision about—
(a) how fees, or components of fees, are to be calculated;
(b) the level of fees or components of fees;
(c) the use of fee income.
(4) The regulations may include provision as to the amount, or maximum amount, of a fee or component of a fee.
(5) In this section—
“approved course” means a course approved (whether before or after this section comes into force) by a body specified in regulations under subsection (6);
“fixed penalty offence” means an offence that is a fixed penalty offence for the purposes of Part 3 (see section 51);
“policing body” means—
a local policing body, or
the British Transport Police Authority;
“promoting road safety” includes the prevention, detection or enforcement of offences relating to vehicles;
“prosecution”, in relation to an offence, includes any alternative way of being dealt with for the offence (other than attending an approved course);
“specified fixed penalty offence” means an offence specified under subsection (6).
(6) The Secretary of State may by regulations—
(a) specify fixed penalty offences for the purposes of this section;
(b) specify a body to approve courses for the purposes of this section.
(7) Nothing in this section limits any power to charge fees apart from this section.
90H Power to prevent courses being offered for repeat offences: England and Wales
(1) The Secretary of State may by regulations prohibit a chief officer from offering an approved course to a person as an alternative to prosecution in England and Wales for a specified fixed penalty offence where—
(a) there is a course fee, and
(b) the person has, within a period specified in the regulations, satisfactorily completed a similar approved course in respect of an earlier specified fixed penalty offence.
(2) The regulations must include provision for the purpose of identifying what counts as a “similar” course; and that provision may, in particular, confer power on a person to determine what courses count as similar.
(3) In this section “chief officer” means—
(a) a chief officer of police of a police force in England and Wales, or
(b) the Chief Constable of the British Transport Police Force.
(4) In this section the following terms have the meaning given by section 90G(5)—
“approved course”;
“prosecution”;
“specified fixed penalty offence”.
90I Further provision about regulations under this Part
(1) A power to make regulations under this Part is exercisable by statutory instrument.
(2) A statutory instrument containing regulations made by the Secretary of State under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.
(3) Regulations under this Part may include—
(a) incidental or supplementary provision;
(b) different provision for different purposes.
If a person acts in contravention of or fails to comply with—
(a) any regulations made by the Secretary of State under the Road Traffic Act 1988 other than regulations made under section 31, 45 or 132 or under section 160 by virtue of Schedule 2A,
(b) any regulations made by the Secretary of State under the Road Traffic Regulation Act 1984, other than regulations made under section 22I, 28, Schedule 4, Part III of Schedule 9 or Schedule 12,
and the contravention or failure to comply is not made an offence under any other provision of the Traffic Acts, he shall for each offence be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
91ZA Application to Northern Ireland licence holders
(1) The references to a licence in the following provisions of this Act include references to a Northern Ireland licence—
(a) section 7,
(b) section 26(7) and (8) ...,
(c) section 27,
(ca) section 37A,
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(k) section 47(2) ...,
(l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Accordingly, the reference in section 27(3)(b) of this Act to the suspension of a licence is to be construed in relation to a Northern Ireland licence holder as a reference to his ceasing to be authorised by virtue of section 109(1) of the Road Traffic Act 1988 to drive in Great Britain a motor vehicle of any class.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Where a court orders the holder of a Northern Ireland licence to be disqualified, it must send the Northern Ireland licence ..., on its being produced to the court, to the Secretary of State.
(8) The licence ... must be sent to such address as the Secretary of State may determine.
(9) Where—
(a) a notice is sent to the Secretary of State under section 44A above of an order for the endorsement of a person's driving record, and
(b) the particulars contained in the notice include—
(i) particulars of an offence in respect of which the holder of a Northern Ireland licence , or a person normally resident in Northern Ireland who does not hold a licence, is disqualified by an order of a court, and
(ii) particulars of the disqualification,
the Secretary of State must send a notice containing the particulars mentioned in paragraph (b)(i) and (ii) to the licensing authority in Northern Ireland.