Section 75 Issue of conditional offer.F1

a constable has reason to believe that a fixed penalty offence has been committed, and

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 vehicle examiner has reason to believe that a fixed penalty offence has been committed, and

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,

an offence specified in Schedule 3 to this Act has been committed,

an offence specified in Schedule 5 to this Act has been committed,

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

an offence of aiding, abetting, counselling, procuring or inciting the commission of an offence referred to in this subsection, has been committed,

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,

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,

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,

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,

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,

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 fixed penalty notice has already been given to the person under section 54 of this Act in relation to the offence;

a conditional offer has already been issued to 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 F9, an EU member State, F10or in another contracting country.

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,

state the amount of the fixed penalty for that offence, and

give details of the identification information that may be required where the conditional offer relates to an offence involving obligatory endorsement,

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.

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

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,

the alleged offender provides the appropriate person with identification information, or

the appropriate person is otherwise satisfied of the alleged offender’s identity.

the alleged offender’s name and date of birth, and

if the alleged offender is the holder of a licence, the licence number.

where the conditional offer was issued under subsection (1), (2) or (3) above, the fixed penalty clerk, and

where the conditional offer was issued under subsection (1A) or (3B) above, the Secretary of State.