Article 66 Fixed penalty notice mistakenly given to licence holder: exclusion of fixed penalty proceduresF6

This Article applies where, on inspection of a licence and its counterpart F1surrendered or delivered under Article 60, it appears to the fixed penalty clerk F2or the Department that the person whose licence it is would be liable to be disqualified under Article 40 if he were convicted of the offence in respect of which the fixed penalty notice was given.

The F3. . . counterpart of the licence F4must not be endorsed under Article 63 but F5if it was sent to the fixed penalty clerk he must instead send it together with the licence to the Chief Constable.

Nothing in this Part prevents proceedings being brought in respect of the offence in respect of which the fixed penalty notice was given where those proceedings are commenced before the end of the period of 6 months beginning with the date on which that notice was given.

Where proceedings in respect of that offence are commenced before the end of that period, the case is from then on to be treated in all respects as if no fixed penalty notice had been given in respect of the offence.

Accordingly, where proceedings in respect of that offence are so commenced, any action taken in pursuance of any provision of this Part by reference to that fixed penalty notice shall be void (including, but without prejudice to the generality of the preceding provision—

In determining for the purposes of paragraph (1) 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.