Road Traffic Offenders Act 1988

• (b) any reference to his sentence includes a reference to the order of disqualification and to any other order made on his conviction and, accordingly, any reference to an appeal against his sentence includes a reference to an appeal against any order forming part of his sentence.

• (2) Where a person ordered to be disqualified appeals ..., whether on appeal against a summary conviction or a conviction on indictment or his sentence, the court hearing the appeal may, if it thinks fit, suspend the disqualification on such terms as it thinks fit.

The powers conferred by this subsection on the court may be exercised by any single judge of the court.

• (2A) Where the court hearing the appeal is the Sheriff Appeal Court, the reference in subsection (2) to a single judge of the court is a reference to an Appeal Sheriff.

• (3) Where, by virtue of this section, the court hearing the appeal suspends the disqualification of any person, it must send notice of the suspension to the Secretary of State.

• (4) The notice must be sent in such manner and to such address and must contain such particulars as the Secretary of State may determine.

Removal of disqualification

42

• (1) Subject to the provisions of this section, a person who by an order of a court is disqualified may apply to the court by which the order was made to remove the disqualification.

• (2) On any such application the court may, as it thinks proper having regard to—

• (a) the character of the person disqualified and his conduct subsequent to the order,

• (b) the nature of the offence, and

• (c) any other circumstances of the case,

either by order remove the disqualification as from such date as may be specified in the order or refuse the application.

• (3) No application shall be made under subsection (1) above for the removal of a disqualification before the expiration of whichever is relevant of the following periods from the relevant date, that is—

• (a) two years, if the disqualification is for less than four years (disregarding any extension period),

• (b) one half of the period of disqualification (disregarding any extension period), if the disqualification is (disregarding any extension period) for less than ten years but not less than four years,

• (c) five years in any other case;

and in determining the expiration of the period after which under this subsection a person may apply for the removal of a disqualification, any time after the conviction during which the disqualification was suspended or he was not disqualified shall be disregarded.

• (3A) In subsection (3) “the relevant date” means—

• (a) the date of the order imposing the disqualification in question, or

• (b) if the period of the disqualification is extended by an extension period, the date in paragraph (a) postponed by a period equal to that extension period.

• (3B) Extension period” means an extension period added pursuant to—

• (a) section 35A or 35C,

• (b) section 248D of the Criminal Procedure (Scotland) Act 1995, or

• (c) section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 or section 166 of the Sentencing Code.

• (4) Where an application under subsection (1) above is refused, a further application under that subsection shall not be entertained if made within three months after the date of the refusal.

• (5) If under this section a court orders a disqualification to be removed, the court—

• (a) must send notice of the order to the Secretary of State,

• (b) may in any case order the applicant to pay the whole or any part of the costs of the application.

• (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5AA) If the disqualification was imposed in respect of an offence involving obligatory endorsement, the Secretary of State must, on receiving notice of an order under subsection (5)(a) above, make any necessary adjustments to the endorsements on the person's driving record to reflect the order.

• (5B) A notice under subsection (5)(a) above must be sent in such manner and to such address, and must contain such particulars, as the Secretary of State may determine.

• (6) The preceding provisions of this section shall not apply where the disqualification was imposed by order under section 36(1) of this Act.

Rule for determining end of period of disqualification

43

In determining the expiration of the period for which a person is disqualified by an order of a court made in consequence of a conviction, any time after the conviction during which the disqualification was suspended or he was not disqualified shall be disregarded.

Endorsement

Endorsement of licences

44

• (1) Where a person is convicted of an offence involving obligatory endorsement, the court must order there to be endorsed on his driving record particulars of the conviction and also—

• (a) if the court orders him to be disqualified, particulars of the disqualification, or

• (b) if the court does not order him to be disqualified—

• (i) particulars of the offence, including the date when it was committed, and

• (ii) the penalty points to be attributed to the offence.

• (2) Where the court does not order the person convicted to be disqualified, it need not make an order under subsection (1) above if for special reasons it thinks fit not to do so.

• (3) In relation to Scotland, references in this section to the court include the justice of the peace court.

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) This section is subject to section 48 of this Act.

Effect of endorsement

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General

Combination of disqualification and endorsement with probation orders and orders for discharge

46

• (1) Notwithstanding anything in section 82(4) of the Sentencing Code (conviction of offender . . . discharged to be disregarded for the purposes of enactments relating to disqualification), a court in England and Wales which on convicting a person of an offence involving obligatory or discretionary disqualification makes—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) an order discharging him absolutely or conditionally,

may on that occasion also exercise any power conferred, and must also discharge any duty imposed, on the court by sections 34, 35, 36 , 44 or 44A of this Act.

• (2) A conviction—

• (a) in respect of which a court in England and Wales has ordered a person to be disqualified, or

• (b) of which particulars have been endorsed on ... his driving record,

is to be taken into account, notwithstanding anything in section 82(2) of the Sentencing Code (conviction of offender . . . discharged to be disregarded for the purpose of subsequent proceedings), in determining his liability to punishment or disqualification for any offence involving obligatory or discretionary disqualification committed subsequently.

• (3) Where—

• (a) a person is charged in Scotland with an offence involving obligatory or discretionary disqualification, and

• (b) the court makes an order in respect of the offence under section 228 (probation) or 246(2) or (3) (absolute discharge) of the Criminal Procedure (Scotland) Act 1995

then, for the purposes of sections 34, 35, 36, 44 ... and 45A of this Act, he shall be treated as if he had been convicted of an offence of the kind in question and section 247 of that Act shall not apply.

Supplementary provisions as to disqualifications and endorsements

47

• (1) In any case where a court exercises its power under section 34, 35 or 44 of this Act not to order any disqualification or endorsement or to order disqualification for a shorter period than would otherwise be required, it must state the grounds for doing so in open court and, if it is a magistrates’ court or, in Scotland, a court of summary jurisdiction, must cause them to be entered in the register (in Scotland, record) of its proceedings.

• (2) Where ... a court orders a person to be disqualified for a period of 56 days or more (disregarding any extension period) it must, send any licence of the person that is produced to the court, to the Secretary of State.

• (2ZA) In subsection (2) “extension period” means an extension period added pursuant to—

• (a) section 35A or 35C,

• (b) section 248D of the Criminal Procedure (Scotland) Act 1995, or

• (c) section 166 of the Sentencing Code.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Where on an appeal against an order for the endorsement of ... a driving record or the disqualification of a person the appeal is allowed, the court by which the appeal is allowed must send notice of that fact to the Secretary of State.

• (3A) On receiving such a notice ... the Secretary of State must make any necessary adjustments to the endorsements on the person's driving record to reflect the outcome of the appeal.

• (4) A notice sent by a court to the Secretary of State in pursuance of this section must be sent in such manner and to such address and contain such particulars as the Secretary of State may determine, and a licence ... so sent in pursuance of this section must be sent to such address as the Secretary of State may determine.

Exemption from disqualification and endorsement for offences against construction and use regulations

48

• (1) Where a person is convicted of an offence under section 40A of the Road Traffic Act 1988 (using vehicle in dangerous condition etc) the court must not—

• (a) order him to be disqualified, or

• (b) order any particulars or penalty points to be endorsed on ... his driving record,

if he proves that he did not know, and had no reasonable cause to suspect, that the use of the vehicle involved a danger of injury to any person.

• (2) Where a person is convicted of an offence under section 41A of the Road Traffic Act 1988 (breach of requirement as to brakes, steering-gear or tyres) the court must not—

• (a) order him to be disqualified, or

• (b) order any particulars or penalty points to be endorsed on ... his driving record,

if he proves that he did not know, and had no reasonable cause to suspect, that the facts of the case were such that the offence would be committed.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offender escaping consequences of endorseable offence by deception

49

• (1) This section applies where in dealing with a person convicted of an offence involving obligatory endorsement a court was deceived regarding any circumstances that were or might have been taken into account in deciding whether or for how long to disqualify him.

• (2) If—

• (a) the deception constituted or was due to an offence committed by that person, and

• (b) he is convicted of that offence,

the court by or before which he is convicted shall have the same powers and duties regarding an order for disqualification as had the court which dealt with him for the offence involving obligatory endorsement but must, in dealing with him, take into account any order made on his conviction of the offence involving obligatory endorsement.

Powers of district court in Scotland

50

Nothing in section 10 of this Act empowers a district court in Scotland in respect of any offence—

• (a) to impose—

• (i) a penalty of imprisonment which exceeds sixty days, or

• (ii) a fine which exceeds level 4 on the standard scale, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III — Fixed Penalties

Introductory

Fixed penalty offences

51

• (1) Any offence in respect of a vehicle under an enactment specified in column 1 of Schedule 3 to this Act is a fixed penalty offence for the purposes of this Part of this Act, but subject to subsection (2) below and to any limitation or exception shown against the enactment in column 2 (where the general nature of the offence is also indicated).

• (2) An offence under an enactment so specified is not a fixed penalty offence for those purposes if it is committed by causing or permitting a vehicle to be used by another person in contravention of any provision made or restriction or prohibition imposed by or under any enactment.

• (3) The Secretary of State may by order provide for offences to become or (as the case may be) to cease to be fixed penalty offences for the purposes of this Part of this Act, and may make such modifications of the provisions of this Part of this Act as appear to him to be necessary forthe purpose.

Fixed penalty notices

52

• (1) In this Part of this Act “fixed penalty notice” means a notice offering the opportunity of the discharge of any liability to conviction of the offence to which the notice relates by payment of a fixed penalty in accordance with this Part of this Act.

• (2) A fixed penalty notice must 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.

• (2A) A fixed penalty notice must give details of the identification information (as defined in section 69(3D)) that may be required under section 69 where the notice relates to an offence involving obligatory endorsement.

• (3) A fixed penalty notice must state—

• (a) the period during which, by virtue of section 78(1) of this Act, proceedings cannot be brought against any person for the offence to which the notice relates, being the period of twenty-one days following the date of the notice or such longer period (if any) as may be specified in the notice (referred to in this Part of this Act as the “suspended enforcement period”),

• (b) the amount of the fixed penalty, and

• (c) the person to whom and the address at which the fixed penalty may be paid.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of fixed penalty

53

• (1) The fixed penalty for an offence is—

• (a) such amount as the Secretary of State may by order prescribe, or

• (b) one half of the maximum amount of the fine to which a person committing that offence would be liable on summary conviction or, where there is no such maximum amount, the amount corresponding to level 4 on the standard scale for summary offences,

whichever is the less.

• (2) Any order made under subsection (1)(a) above in relation to an offence may make provision for the fixed penalty for the offence to be different depending on the circumstances, including (in particular)—

• (a) the nature of the contravention or failure constituting the offence,

• (b) how serious it is,

• (c) the area, or sort of place, where it takes place, and

• (d) whether the offender appears to have committed any offence or offences of a description specified in the order during a period so specified.

Giving notices to suspected offenders

Notices on-the-spot or at a police station

54

• (1) This section applies where ... on any occasion a constable in uniform , or a vehicle examiner who produces his authority, has reason to believe that a person he finds

• (a) is committing or has on that occasion committed a fixed penalty offence; or

• (b) has, within the period of 28 days before the day of that occasion, committed a Community drivers’ hours offence.

• (2) Subject to the following provisions of this section, the constable or vehicle examiner may give him a fixed penalty notice in respect of the offence.

• (3) Where the offence appears to the constable or vehicle examiner to involve obligatory endorsement, the constable or vehicle examiner may only give him a fixed penalty notice under subsection (2) above in respect of the offence if—

• (a) the constable or vehicle examiner is satisfied, on accessing information held on his driving record, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of that offence...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8A) In a case where this section applies by virtue of subsection (1)(b), a constable or vehicle examiner may not give a person a fixed penalty notice for the Community drivers’ hours offence if the constable or vehicle examiner has reason to believe that—

• (a) a fixed penalty notice has already been given under this section to the person in relation to the offence;

• (b) a conditional offer has already been issued to the person under section 75 of this Act 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.

• (8B) In subsection (8A)(d) “relevant breach” means the breach of the applicable Community rules which constitutes the Community drivers’ hours offence concerned.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) In determining for the purposes of this section 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.

Effect of fixed penalty notice given under section 54

55

• (1) This section applies where a fixed penalty notice relating to an offence has been given to any person under section 54 of this Act, and references in this section to the recipient are to the person to whom the notice was given.

• (2) No proceedings shall be brought against the recipient for the offence to which the fixed penalty notice relates unless before the end of the suspended enforcement period he has given notice requesting a hearing in respect of that offence in the manner specified in the fixed penalty notice.

• (3) Where—

• (a) the recipient has not given notice requesting a hearing in respect of the offence to which the fixed penalty notice relates in the manner so specified, and

• (b) the fixed penalty has not been paid in accordance with this Part of this Act before the end of the suspended enforcement period,

a sum equal to the fixed penalty plus one–half of the amount of that penalty may be registered under section 71 of this Act for enforcement against the recipient as a fine.

Licence receipts

56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Endorsement of licences without hearings

57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of endorsement without hearing

58

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification of court and date of trial in England and Wales

59

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Court procedure in Scotland

60

Fixed penalty notice mistakenly given: exclusion of fixed penalty procedures

61

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notices fixed to vehicles

Fixing notices to vehicles

62

• (1) Where on any occasion a constable or a vehicle examiner has reason to believe in the case of any stationary vehicle that a fixed penalty offence is being or has on that occasion been committed in respect of it, he may fix a fixed penalty notice in respect of the offence to the vehicle unless the offence appears to him to involve obligatory endorsement.

• (2) A person is guilty of an offence if he removes or interferes with any notice fixed to a vehicle under this section, unless he does so by or under the authority of the driver or person in charge of the vehicle or the person liable for the fixed penalty offence in question.

Service of notice to owner if penalty not paid

63

• (1) This section applies where a fixed penalty notice relating to an offence has been fixed to a vehicle under section 62 of this Act.

• (2) Subject to subsection (3) below, if at the end of the suspended enforcement period the fixed penalty has not been paid in accordance with this Part of this Act, a notice under this section may be served by or on behalf of the relevant person on any person who appears to him (or to any person authorised to act on his behalf for the purposes of this section) to be the owner of the vehicle.

Such a notice is referred to in this Part of this Act as a “notice to owner”.

• (2A) In this section “the relevant person” means—

• (a) if the fixed penalty notice was fixed by a constable, the chief officer of police, and

• (b) if it was fixed by a vehicle examiner, the Secretary of State.

• (3) Subsection (2) above does not apply where before the end of the suspended enforcement period—

• (a) any person has given notice requesting a hearing in respect of the offence in the manner specified in the fixed penalty notice, and

• (b) the notice so given contains a statement by that person to the effect that he was the driver of the vehicle at the time when the offence is alleged to have been committed.

That time is referred to in this Part of this Act as the “time of the alleged offence”.

• (4) A notice to owner—

• (a) must give particulars of the alleged offence and of the fixed penalty concerned,

• (b) must state the period allowed for response to the notice, and

• (c) must indicate that, if the fixed penalty is not paid before the end of that period, the person on whom the notice is served is asked to provide before the end of that period to the relevant person a statutory statement of ownership (as defined in Part I of Schedule 4 to this Act).

• (5) For the purposes of this Part of this Act, the period allowed for response to a notice to owner is the period of twenty-one days from the date on which the notice is served, or such longer period (if any) as may be specified in the notice.

• (6) A notice to owner relating to any offence must indicate that the person on whom it is served may, before the end of the period allowed for response to the notice, either—

• (a) give notice requesting a hearing in respect of the offence in the manner indicated by the notice, or

• (b) if—

• (i) he was not the driver of the vehicle at the time of the alleged offence, and

• (ii) a person purporting to be the driver wishes to give notice requesting a hearing in respect of the offence,

provide, together with a statutory statement of ownership provided as requested in that notice, a statutory statement of facts (as defined by Part II of Schedule 4 to this Act) having the effect referred to in paragraph 3(2) of that Schedule (that is, as a notice requesting a hearing in respect of the offence given by the driver).

• (7) In any case where a person on whom a notice to owner relating to any offence has been served provides a statutory statement of facts in pursuance of subsection (6)(b) above—

• (a) any notice requesting a hearing in respect of the offence that he purports to give on his own account shall be of no effect, and

• (b) no sum may be registered for enforcement against him as a fine in respect of the offence unless, within the period of two months immediately following the period allowed for response to the notice to owner, no summons or, in Scotland, complaint in respect of the offence in question is served on the person identified in the statement as the driver.

Enforcement or proceedings against owner

64

• (1) This section applies where—

• (a) a fixed penalty notice relating to an offence has been fixed to a vehicle under section 62 of this Act,

• (b) a notice to owner relating to the offence has been served on any person under section 63(2) of this Act before the end of the period of six months beginning with the day on which the fixed penalty notice was fixed to the vehicle, and

• (c) the fixed penalty has not been paid in accordance with this Part of this Act before the end of the period allowed for response to the notice to owner.

• (2) Subject to subsection (4) below and to section 63(7)(b) of this Act, a sum equal to the fixed penalty plus one-half of the amount of that penalty may be registered under section 71 of this Act for enforcement against the person on whom the notice to owner was served as a fine.

• (3) Subject to subsection (4) below and to section 65 of this Act, proceedings may be brought in respect of the offence against the person on whom the notice to owner was served.

• (4) If the person on whom the notice to owner was served—

• (a) was not the owner of the vehicle at the time of the alleged offence, and

• (b) provides a statutory statement of ownership to that effect in response to the notice before the end of the period allowed for response to the notice,

he shall not be liable in respect of the offence by virtue of this section nor shall any sum determined by reference to the fixed penalty for the offence be so registered by virtue of this section for enforcement against him as a fine.

• (5) Subject to subsection (6) below—

• (a) for the purposes of the institution of proceedings by virtue of subsection (3) above against any person on whom a notice to owner has been served, and

• (b) in any proceedings brought by virtue of that subsection against any such person,

it shall be conclusively presumed (notwithstanding that that person may not be an individual) that he was the driver of the vehicle at the time of the alleged offence and, accordingly, that acts or omissions of the driver of the vehicle at that time were his acts or omissions.

• (6) That presumption does not apply in any proceedings brought against any person by virtue of subsection (3) above if, in those proceedings, it is proved that at the time of the alleged offence the vehicle was in the possession of some other person without the consent of the accused.

• (7) Where—

• (a) by virtue of subsection (3) above proceedings may be brought in respect of an offence against a person on whom a notice to owner was served, and

• (b) section 74(1) of this Act does not apply,

section 127(1) of the Magistrates’ Courts Act 1980 (information must be laid within six months of time offence committed) and section 136(1) of the Criminal Procedure (Scotland) Act 1995 (proceedings must be commenced within six months of that time) shall have effect as if for the reference to six months there were substituted a reference to twelve months.

Restrictions on proceedings against owner and others

65

• (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.

Hired vehicles

66

• (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.

False statements in response to notices to owner

67

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.

“Owner”, “statutory statement” and “official form”

68

• (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.

The fixed penalty procedure

Payment of penalty

69

• (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.

Registration certificates

70

• (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.

Registration of sums payable in default

71

• (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.

Notices on-the-spot or at a police station: when registration and endorsement invalid

72

• (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.

Notices fixed to vehicles: when registration invalid

73

• (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.

Provisions supplementary to sections 72 and 73

74

• (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.

Conditional offer of fixed penalty

Conditional offer by procurator fiscal

75

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of offer and payment of penalty

76

• (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.

Endorsement where penalty paid

77

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings in fixed penalty cases

General restriction on proceedings

78

• (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.

Statements by constables

79

• (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.

Certificates about payment

80

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.

Documents signed by the accused

81

• (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.

Miscellaneous

Accounting for fixed penalties: England and Wales

82

• (1) In England and Wales, sums paid to the fixed penalty clerk by way of fixed penalty for an offence shall be treated for the purposes of section 38 of the Courts Act 2003 (application of receipts of designated officers) as if they were fines imposed on summary conviction for that offence.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of court where clerk deceived

83

• (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.

Regulations

84

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,

Service of documents

85

• (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.

Functions of traffic wardens

86

• (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.

Guidance on application of Part III

87

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.

Procedure for regulations and orders

88

• (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.

Interpretation

89

• (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.

Index to Part III

90

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.

Part IV — Miscellaneous and General

Penalty for breach of regulations

91

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 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.

Application to Crown

92

The following provisions of this Act apply to vehicles and persons in the public service of the Crown: sections 1, 2, 3, 15, 16 20 and 49 and the provisions connected with the licensing of drivers.

Application of sections 15 and 16 to persons subject to service discipline

93

• (1) Sections 15 and 16, in their application to persons subject to service discipline, apply outside as well as within Great Britain and have effect as if—

• (a) references to proceedings for an offence under any enactment included references to proceedings for the corresponding service offence,

• (b) references to the court included a reference to any naval, military, or air force authority before whom the proceedings take place,

• (c) references to a constable included references to a member of the provost staff, and

• (d) in section 15, subsection (4) were omitted.

• (2) Expressions used in this section have the same meaning as in sections 3A to 10 of the Road Traffic Act 1988.

Proceedings in respect of offences in connection with Crown vehicles

94

• (1) Where an offence under the Traffic Acts is alleged to have been committed in connection with a vehicle in the public service of the Crown, proceedings may be brought in respect of the offence against a person nominated for the purpose on behalf of the Crown.

• (2) Subject to subsection (3) below, where any such offence is committed any person so nominated shall also be guilty of the offence as well as any person actually responsible for the offence (but without prejudice to proceedings against any person so responsible).

• (3) Where any person is convicted of an offence by virtue of this section—

• (a) no order is to be made on his conviction save an order imposing a fine,

• (b) payment of any fine imposed on him in respect of that offence is not to be enforced against him, and