Paragraph 10 Road Traffic Act 1988I1

United Kingdom

(1)

The Road Traffic Act 1988 is amended as follows.

(2)

In section 164 (powers to require driving licence or date of birth)—

(a)

in subsection (10)—

(i)

after “him” (in the first place it occurs) insert

“—

(a)

if the statement to the constable was made in England and Wales, in accordance with Criminal Procedure Rules, or

(b)

if that statement was made elsewhere,”;

(ii)

for “this subsection” (in both places it occurs) substitute “this paragraph”;

(b)

after subsection (10) insert—

“(10A)

For the purposes of subsection (10)(a)—

(a)

Criminal Procedure Rules (as they have effect from time to time) apply to the notice 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.”

(3)

In section 172 (duty to identify driver where offence alleged)—

(a)

in subsection (7), for “by post” substitute “in accordance with Criminal Procedure Rules, if the alleged offence took place in England and Wales, or by post otherwise”;

(b)

after that subsection insert—

“(7A)

For the purposes of subsection (7) (as it applies in relation to an alleged offence in England and Wales)—

(a)

Criminal Procedure Rules (as they have effect from time to time) apply to the notice 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.”

Annotations

Commencement

I1: Sch. 1 para. 10 in force at 28.6.2022, see s. 51(3)(b)