Article 60 Notices on-the-spot etc.F23C1

This Article applies where on any occasion a constable in uniform F1, or a vehicle examiner who produces his authority, has reason to believe that a person he finds is committing or has on that occasion committed a fixed penalty offence.

Subject to F2the following provisions of this Article, the constable F3or vehicle examiner may give him a fixed penalty notice in respect of the offence.

Where the offence appears to the constable F4or vehicle examiner to involve obligatory endorsement F5, and the person is the holder of a licence, the constable or vehicle examiner may only give him a fixed penalty notice under paragraph (2) in respect of the offence if—

Where—

the constable or vehicle examiner may give him a notice stating that if F9he delivers the notice together with his licence and its counterpart in F10accordance with paragraph (4A and the requirements of paragraph (5)(a) and (b) are met he will then be given a fixed penalty notice in respect of the offence.

Delivery must–

If a person to whom a notice has been given under paragraph (4) F12delivers the notice together with his licence and its counterpart in F13accordance with paragraph (4A) and the following requirements are met, that is—

the F17person to whom the notice under paragraph (4) is delivered must give him a fixed penalty notice in respect of the offence to which the notice under paragraph (4) relates.

Where the offence appears to the constable or vehicle examiner to involve obligatory endorsement, and the person is not the holder of a licence, the constable or vehicle examiner may only give him a fixed penalty notice under paragraph (2) in respect of the offence if 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 Article 40 if he were convicted of that offence.

Paragraph (5C) applies where–

Where this paragraph applies, the constable or vehicle examiner may give the person a notice stating that if–

he will then be given a fixed penalty in respect of the offence.

Delivery must–

If a person to whom a notice has been given under paragraph (5C) delivers the notice in accordance with paragraph (5D), and the person to whom it is delivered is satisfied, on accessing information held on his driving record, that he would not be liable to be disqualified under Article 40 if he were convicted of the offence, that person must give him a fixed penalty notice in respect of the offence to which the notice under paragraph (5C) relates.

A notice under paragraph (4) F19or (5C) shall 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.

A licence and a counterpart of a licence surrendered F20or delivered in accordance with this Article must be sent to the fixed penalty clerk F21if the fixed penalty notice was given by a constable or authorised person.

In this Part “authorised person”, in relation to a fixed penalty notice given at a police station, means a person authorised for the purposes of this Article by or on behalf of the Chief Constable.

In determining for the purposes of F22this Article whether a person convicted of an offence would be liable to disqualification under Article 40, 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 or Part II of Schedule 1, that the number of penalty points to be attributed to the offence would be the lowest in the range.