Road Traffic Offenders Act 1988 in Northern Ireland
1988 c. 53 · Enacted 15 November 1988 · Extends to United Kingdom
Contents
- Part I: Trial
- Trial
- 15Use of specimens in proceedings for an offence under any of sections 3A to 5A of the Road Traffic Act.
- 16Documentary evidence as to specimens in such proceedings.
- Introductory
- 33Fine and imprisonment.
- 35BEffect of custodial sentence in other cases
- 37ASurrender of licence to Secretary of State where disqualified
- 41ASuspension of disqualification pending determination of applications under section 34B.
- 44AEndorsement of driving record in accordance with order
- 49Offender escaping consequences of endorseable offence by deception.
- Introductory
- 51Fixed penalty offences.
- 55Effect of fixed penalty notice given under section 54.
- Notices fixed to vehicles
- 65Restrictions on proceedings against owner and others.
- 67False statements in response to notices to owner.
- Proceedings in fixed penalty cases
- 78General restriction on proceedings.
- 81Documents signed by the accused.
- 84ANotices to Secretary of State
- 88Procedure for regulations and orders.
- Part 3A: Financial penalty deposits
- 90APower to impose financial penalty deposit requirement
- 90BFinancial penalty deposit requirement
- 90CMaking of payment in compliance with requirement
- 90DProhibition on driving on failure to make payment
- 90EOrders about financial penalty deposits
- 90FFinancial penalty deposits: interpretation
- Part 3B: Courses offered as alternative to prosecution
- 90GPower to charge fees: England and Wales
- 90HPower to prevent courses being offered for repeat offences: England and Wales
- 90IFurther provision about regulations under this Part
- 94Proceedings in respect of offences in connection with Crown vehicles.
- 1Paragraph 1
- 1AParagraph 1A
- Schedule 4: Statutory Statements
- Part I: Statutory Statement of Ownership or Hiring
- 1Paragraph 1
- 2Paragraph 2
- Part II: Statutory Statement of Facts
- 3Paragraph 3
15Use of specimens in proceedings for an offence under any of sections 3A to 5A of the Road Traffic Act.F16C1C2
This section and section 16 of this Act apply in respect of proceedings for an offence under F1F2any of sections 3A to 5A of the Road Traffic Act 1988 (driving offences connected with drink or drugs); and expressions used in this section and section 16 of this Act have the same meaning as in F3sections 3A to 10 of that Act.
Evidence of the proportion of alcohol or any drug in a specimen of breath, blood or urine provided by F4or taken from the accused shall, in all cases F5(including cases where the specimen was not provided F6or taken in connection with the alleged offence), be taken into account F7and—
it is to be assumed, subject to subsection (3) below, that the proportion of alcohol in the accused's breath, blood or urine at the time of the alleged offence was not less than in the specimen;
it is to be assumed, subject to subsection (3A) below, that the proportion of a drug in the accused's blood or urine at the time of the alleged offence was not less than in the specimen.
F9The assumption in subsection (2)(a) above shall not be made if the accused proves—
that he consumed alcohol before he provided the specimen F10or had it taken from him and—
in relation to an offence under section 3A, after the time of the alleged offence, and
otherwise, after he had ceased to drive, attempt to drive or be in charge of a vehicle on a road or other public place, and
that had he not done so the proportion of alcohol in his breath, blood or urine would not have exceeded the prescribed limit and, if it is alleged that he was unfit to drive through drink, would not have been such as to impair his ability to drive properly.
The assumption in subsection (2)(b) above is not to be made if the accused proves—
that he took the drug before he provided the specimen or had the specimen taken from him and—
in relation to an offence under section 3A, after the time of the alleged offence, and
otherwise, after he had ceased to drive, attempt to drive or be in charge of a vehicle on a road or other public place, and
that had he not done so the proportion of the drug in his blood or urine—
in the case of a specified controlled drug, would not have exceeded the specified limit for that drug, and
if it is alleged that he was unfit to drive through drugs, would not have been such as to impair his ability to drive properly.
A specimen of blood shall be disregarded F12unless-
it was taken from the accused with his consent F13by a medical practitioner or a registered health care professional, or
it was taken from the accused by a medical practitioner F14or a registered health care professional under section 7A of the Road Traffic Act 1988 and the accused subsequently gave his permission for a laboratory test of the specimen.
Where, at the time a specimen of blood or urine was provided by the accused, he asked to be provided with such a specimen, evidence of the proportion of alcohol or any drug found in the specimen is not admissible on behalf of the prosecution unless—
the specimen in which the alcohol or drug was found is one of two parts into which the specimen provided by the accused was divided at the time it was provided, and
the other part was supplied to the accused.
Where a specimen of blood was taken from the accused under section 7A of the Road Traffic Act 1988, evidence of the proportion of alcohol or any drug found in the specimen is not admissible on behalf of the prosecution unless—
the specimen in which the alcohol or drug was found is one of two parts into which the specimen taken from the accused was divided at the time it was taken; and
any request to be supplied with the other part which was made by the accused at the time when he gave his permission for a laboratory test of the specimen was complied with.
16Documentary evidence as to specimens in such proceedings.C1C2
Evidence of the proportion of alcohol or a drug in a specimen of breath, blood or urine may, subject to subsections (3) and (4) below and to section 15(5) F1and (5A)of this Act, be given by the production of a document or documents purporting to be whichever of the following is appropriate, that is to say—
a statement automatically produced by the device by which the proportion of alcohol in a specimen of breath was measured and a certificate signed by a constable (which may but need not be contained in the same document as the statement) that the statement relates to a specimen provided by the accused at the date and time shown in the statement, and
a certificate signed by an authorised analyst as to the proportion of alcohol or any drug found in a specimen of blood or urine identified in the certificate.
Subject to subsections (3) and (4) below, evidence that a specimen of blood was taken from the accused with his consent by a medical practitioner F2or a registered health care professional may be given by the production of a document purporting to certify that fact and to be signed by a medical practitioner or a registered health care professional.
Subject to subsection (4) below—
a document purporting to be such a statement or such a certificate (or both such a statement and such a certificate) as is mentioned in subsection (1)(a) above is admissible in evidence on behalf of the prosecution in pursuance of this section only if a copy of it either has been handed to the accused when the document was produced or has been served on him not later than seven days before the hearing, and
any other document is so admissible only if a copy of it has been served on the accused not later than seven days before the hearing.
A document purporting to be a certificate (or so much of a document as purports to be a certificate) is not so admissible if the accused, not later than three days before the hearing or within such further time as the court may in special circumstances allow, has served notice on the prosecutor requiring the attendance at the hearing of the person by whom the document purports to be signed.
In Scotland—
a document produced in evidence on behalf of the prosecution in pursuance of subsection (1) or (2) above and, where the person by whom the document was signed is called as a witness, the evidence of that person, shall be sufficient evidence of the facts stated in the document, and
a written execution purporting to be signed by the person who handed to or served on the accused or the prosecutor a copy of the document or of the notice in terms of subsection (3) or (4) above, together with, where appropriate, a post office receipt for the registered or recorded delivery letter shall be sufficient evidence of the handing or service of such a copy or notice.
A copy of a certificate required by this section to be served on the accused or a notice required by this section to be served on the prosecutor may F3—
if the proceedings mentioned in section 15(1) take place in England and Wales, be served in accordance with Criminal Procedure Rules, or
if the proceedings take place elsewhere, be served personally or sent by registered post or recorded delivery service.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this section “authorised analyst” means—
any person possessing the qualifications prescribed by regulations made under F5section 27 of the Food Safety Act 1990 as qualifying persons for appointment as public analysts under those Acts, and
any other person authorised by the Secretary of State to make analyses for the purposes of this section.
33Fine and imprisonment.
Where a person is convicted of an offence against a provision of the Traffic Acts specified in column 1 of Part I of Schedule 2 to this Act or regulations made under any such provision, the maximum punishment by way of fine or imprisonment which may be imposed on him is that shown in column 4 against the offence and (where appropriate) the circumstances or the mode of trial there specified.
Any reference in column 4 of that Part to a period of years or months is to be construed as a reference to a term of imprisonment of that duration.
35BEffect of custodial sentence in other casesF1
This section applies where a person is convicted in England and Wales of an offence for which a court proposes to order the person to be disqualified under section 34 or 35 and—
the court proposes to impose on the person a custodial sentence (other than a suspended sentence) for another offence, or
at the time of sentencing for the offence, a custodial sentence imposed on the person on an earlier occasion has not expired.
In determining the period for which the person is to be disqualified under section 34 or 35, the court must have regard to the consideration in subsection (3) if and to the extent that it is appropriate to do so.
The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a custodial sentence.
If the court proposes to order the person to be disqualified under section 34 or 35 and to impose a custodial sentence for the same offence, the court may not in relation to that disqualification take that custodial sentence into account for the purposes of subsection (2).
In this section “custodial sentence” and “suspended sentence” have the same meaning as in section 35A.
37ASurrender of licence to Secretary of State where disqualifiedF1
This section applies where—
a person who is the holder of a licence is disqualified by an order of a court, and
the Secretary of State is not already in receipt of the licence.
The Secretary of State may serve on the person a notice in writing requiring the person to surrender the licence to the Secretary of State at such address as the Secretary of State may determine, before the end of the period of 28 days beginning with the date on which the notice is served.
A notice under subsection (2) may be served on a person—
by delivering it to the person,
by leaving it at the person’s proper address, or
by sending it to the person by post.
A person who, without reasonable excuse, fails to comply with a notice under subsection (2) is guilty of an offence.
For the purposes of—
subsection (3), and
section 7 of the Interpretation Act 1978 in its application to subsection (3),
a person’s “proper address” is the person’s latest address as known to the Secretary of State.
41ASuspension of disqualification pending determination of applications under section 34B.C1F1
Where a person makes an application to a court under section 34B of this Act, the court may suspend the disqualification to which the application relates pending the determination of the application.
Where a court exercises its power under subsection (1) above it must send notice of the suspension to the Secretary of State.
The notice must be sent in such manner and to such address, and must contain such particulars, as the Secretary of State may determine.
44AEndorsement of driving record in accordance with orderF1
Where the court orders the endorsement of a person's driving record with any particulars or penalty points it must send notice of the order to the Secretary of State.
On receiving the notice, the Secretary of State must endorse those particulars or penalty points on the person's driving record.
A notice sent by the 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 require.
49Offender escaping consequences of endorseable offence by deception.
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.
If—
the deception constituted or was due to an offence committed by that person, and
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.
51Fixed penalty offences.
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).
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.
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.
55Effect of fixed penalty notice given under section 54.
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.
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.
Where—
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
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.
65Restrictions on proceedings against owner and others.
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.
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.
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.
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.
67False 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.
78General restriction on proceedings.
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.
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.
81Documents signed by the accused.
Where—
any person is charged with a fixed penalty offence, and
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.
Subsection (1) above applies to any document purporting to be—
a notice requesting a hearing in respect of the offence charged given in accordance with a fixed penalty notice relating to that offence, or
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.
84ANotices to Secretary of StateF1
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.
88Procedure for regulations and orders.
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.
Before making—
an order under section 51, 53 or 75 of this Act, or
regulations under section 84 of this Act,
the Secretary of State must consult with such representative organisations as he thinks fit.
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.
Regulations under this Part of this Act may—
make different provision for different cases, and
contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the regulations.
90APower to impose financial penalty deposit requirementF1
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.
The constable or vehicle examiner must have reason to believe—
that the person—
is committing or has on that occasion committed an offence relating to a motor vehicle F3or trailer; or
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
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.
The person must be—
given written notification that it appears likely that proceedings will be brought against him in respect of the offence, or
(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.
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.
The person who is to impose the financial penalty deposit requirement—
if a constable, must be in uniform, and
if a vehicle examiner, must produce his authority.
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 financial penalty deposit requirement has already been imposed on the person under this section in relation to the offence;
proceedings have already been initiated against the person for the offence; or
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 F5or in another contracting country.
In subsection (6)(c) “relevant breach” means the breach of the applicable Community rules which constitutes the Community drivers’ hours offence.
90BFinancial penalty deposit requirementF1
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—
in a manner specified in an order made by him, and
either immediately or within the relevant period.
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—
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
otherwise by reference to the circumstances of the offence.
In this Part of this Act “the relevant period” means—
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,
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
otherwise, the period ending with the person being charged with the offence.
90CMaking of payment in compliance with requirementF1
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).
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.
If the person was handed a conditional offer—
the person is entitled to give notice requesting a hearing in respect of the offence, and
the written receipt must specify the manner in which such notice is to be given.
In a case where—
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,
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
proceedings are not brought in respect of the offence by virtue of this Act,
subsection (6) below applies.
In subsection (4)(b) above “the appropriate manner” means—
if the person was given a fixed penalty notice, the manner specified in the fixed penalty notice, and
if he was handed a conditional offer, the manner specified in the written receipt under subsection (2) above.
Where this subsection applies, the Secretary of State must—
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
take the appropriate steps to make any appropriate refund to the person.
In any other case—
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
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.
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.
Where this subsection applies, the Secretary of State must take the appropriate steps to make the appropriate refund to the person.
Where this subsection applies, the Secretary of State must—
apply so much of the payment as does not exceed the amount of the fine in or towards payment of the fine, and
take the appropriate steps to make any appropriate refund to the person.
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.
In this Part of this Act “the appropriate refund”, in any case, is a refund of—
where subsection (6) above applies, so much of the payment as exceeds the amount of the fixed penalty,
where subsection (9) above applies, the amount of the payment, and
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.
90DProhibition on driving on failure to make paymentF1
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).
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.
The prohibition—
shall come into force as soon as the notice is given, and
shall continue in force until the happening of whichever of the events in subsection (4) below occurs first.
Those events are—
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,
(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,
the person being convicted or acquitted of the offence,
the person being informed that he is not to be prosecuted for the offence, and
the coming to an end of the prosecution period.
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.
A person who—
drives a vehicle in contravention of a prohibition under this section,
causes or permits a vehicle to be driven in contravention of such a prohibition, or
fails to comply within a reasonable time with a direction under subsection (5) above,
is guilty of an offence.
The Secretary of State may by order provide for exceptions from subsection (6) above.
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.
90EOrders about financial penalty depositsF1
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.
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.
An order under any of those sections may make different provision for different cases.
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.
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.
90FFinancial penalty deposits: interpretationF1
In sections 90A to 90D of this Act—
F2“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,
F3“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) F4or (3B)(a) of this Act,
F5“contracting F6... 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.
90GPower to charge fees: England and WalesF1
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.
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.
The Secretary of State may by regulations make further provision about—
how fees, or components of fees, are to be calculated;
the level of fees or components of fees;
the use of fee income.
The regulations may include provision as to the amount, or maximum amount, of a fee or component of a fee.
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)
a local policing body, or
- (b)
the British Transport Police Authority;
- (a)
“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).
The Secretary of State may by regulations—
specify fixed penalty offences for the purposes of this section;
specify a body to approve courses for the purposes of this section.
Nothing in this section limits any power to charge fees apart from this section.
90HPower to prevent courses being offered for repeat offences: England and WalesF1
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—
there is a course fee, and
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.
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.
In this section “chief officer” means—
a chief officer of police of a police force in England and Wales, or
the Chief Constable of the British Transport Police Force.
90IFurther provision about regulations under this PartF1
A power to make regulations under this Part is exercisable by statutory instrument.
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.
Regulations under this Part may include—
incidental or supplementary provision;
different provision for different purposes.
94Proceedings in respect of offences in connection with Crown vehicles.
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.
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).
Where any person is convicted of an offence by virtue of this section—
no order is to be made on his conviction save an order imposing a fine,
payment of any fine imposed on him in respect of that offence is not to be enforced against him, and
apart from the imposition of any such fine, the conviction is to be disregarded for all purposes other than any appeal (whether by way of case stated or otherwise).
1
Where section 1, 6, 11 or 12(1) of this Act is shown in column 3 of this Schedule against a provision of the M1Road Traffic Act 1988 specified in column 1, the section in question applies to an offence under that provision.
The general nature of the offence is indicated in column 2.
1AF1
Section 1 also applies to—
an offence under section 16 of the Road Traffic Regulation Act 1984 consisting in the contravention of a restriction on the speed of vehicles imposed under section 14 of that Act,
an offence under subsection (4) of section 17 of that Act consisting in the contravention of a restriction on the speed of vehicles imposed under that section, and
an offence under section 88(7) or 89(1) of that Act (speeding offences).
1
For the purposes of Part III of this Act, a statutory statement of ownership is a statement on an official form signed by the person providing it and stating whether he was the owner of the vehicle at the time of the alleged offence and, if he was not the owner of the vehicle at that time, whether—
he was never the owner, or
he ceased to be the owner before, or became the owner after, that time,
and in a case within paragraph (b) above, stating, if the information is in his possession, the name and address of the person to whom, and the date on which, he disposed of the vehicle or (as the case may be) the name and address of the person from whom, and the date on which, he acquired it.
An official form for a statutory statement of ownership shall—
indicate that the person providing the statement in response to a notice to owner relating to an offence may give notice requesting a hearing in respect of the offence in the manner specified in the form, and
direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) below in any official form for a statutory statement of facts.
2
For the purposes of Part III of this Act, a statutory statement of hiring is a statement on an official form, signed by the person providing it, being a person by whom a statement of liability was signed, and stating—
whether at the time of the alleged offence the vehicle was let to him under the hiring agreement to which the statement of liability refers, and
if it was not, the date on which he returned the vehicle to the possession of the vehicle-hire firm concerned.
An official form for a statutory statement of hiring shall—
indicate that the person providing the statement in pursuance of a notice relating to an offence served under section 63 of this Act by virtue of section 66 of this Act may give notice requesting a hearing in respect of the offence in the manner specified in the form, and
direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) below in any official form for a statutory statement of facts.
In sub-paragraph (1) above “ statement of liability ”, “ hiring agreement ” and “ vehicle-hire firm ” have the same meanings as in section 66 of this Act.
3
For the purposes of Part III of this Act, a statutory statement of facts is a statement on an official form, signed by the person providing it, which—
states that the person providing it was not the driver of the vehicle at the time of the alleged offence, and
states the name and address at the time when the statement is provided of the person who was the driver of the vehicle at the time of the alleged offence.
A statutory statement of facts has effect as a notice given by the driver requesting a hearing in respect of the offence if it is signed by the person identified in the statement as the driver of the vehicle at the time of the alleged offence.
An official form for a statutory statement of facts shall indicate—
that if a person identified in the statement as the driver of the vehicle at the time of the alleged offence signs the statement he will be regarded as having given notice requesting a hearing in respect of the offence,
that the person on whom the notice to owner relating to the offence is served may not give notice requesting a hearing in respect of the offence on his own account if he provides a statutory statement of facts signed by a person so identified, and
that if the fixed penalty is not paid before the end of the period stated in the notice to owner as the period for response to the notice, a sum determined by reference to that fixed penalty may be registered without any court hearing for enforcement as a fine against the person on whom the notice to owner is served, unless he has given notice requesting a hearing in respect of the offence,
but that, in a case within paragraph (c) above, the sum in question may not be so registered if the person on whom the notice to owner is served provides a statutory statement of facts as mentioned in paragraph (b) above until two months have elapsed from the end of the period so stated without service of a summons or, in Scotland, complaint in respect of the offence on the person identified in that statement as the driver of the vehicle.