Article 80 Issue of conditional offer
Northern Ireland
Where—
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 Article 60 or fixed to a vehicle under Article 67,
a notice under this Article may be sent to the alleged offender by or on behalf of the Chief Constable.
Where–
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 Article 60 or fixed to a vehicle under Article 67,
a notice under this Article may be sent to the alleged offender by the Department.
A notice under this Article is referred to in this Article and in Articles 81 F2,82 and 82A as a “conditional offer”.
A conditional offer must—
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
state that proceedings against the alleged offender cannot be commenced in respect of that offence until the end of the period of 28 days following the date on which the conditional offer was issued or such longer period as may be specified in the conditional offer.
A conditional offer F5sent to an alleged offender who is the holder of a licence must indicate that if the following conditions are fulfilled, that is—
within the period of 28 days following the date on which the offer was issued, or such longer period as may be specified in the offer, the alleged offender—
makes payment of the fixed penalty to F6the appropriate person, and
where the offence to which the offer relates is an offence involving obligatory endorsement, at the same time delivers his licence and its counterpart to F7the appropriate person, and
where his licence and its counterpart are so delivered, F8the appropriate person is satisfied on inspecting them that, if the alleged offender were convicted of the offence, he would not be liable to be disqualified under Article 40,
any liability to conviction of the offence shall be discharged.
A conditional offer sent to an alleged offender who is not the holder of a licence must indicate that if the following conditions are fulfilled, that is–
within the period of 28 days following the date on which the offer was issued, or such longer period as may be specified in the offer, the alleged offender makes payment of the fixed penalty to the appropriate person, and
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 Article 40,
any liability to conviction of the offence shall be discharged.
For the purposes of the F10conditions set out in paragraph (5)(b) F11and (5A)(b), 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.
Annotations
Textual amendments
- F1
Art. 80(1A) inserted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 16, Sch. 2 para. 16(a); S.R. 2010/370, art. 2(1), Sch. Pt. 1
- F2
Words in art. 80(2) substituted (14.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 39(6), Sch. 4 para. 21(a); S.R. 2010/370, art. 2(2), Sch. Pt. II
- F3
Words in art. 80(3) substituted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 16, Sch. 2 para. 16(b); S.R. 2010/370, art. 2(1), Sch. Pt. 1
- F4
Words in art. 80(3) substituted (14.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 39(6), Sch. 4 para. 21(b); S.R. 2010/370, art. 2(2), Sch. Pt. II
- F5
Words in art. 80(5) inserted (14.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 39(6), Sch. 4 para. 21(c); S.R. 2010/370, art. 2(2), Sch. Pt. II
- F6
Words in art. 80(5)(a)(i) substituted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 16, Sch. 2 para. 16(c)(i); S.R. 2010/370, art. 2(1), Sch. Pt. 1
- F7
Words in art. 80(5)(a)(ii) substituted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 16, Sch. 2 para. 16(c)(ii); S.R. 2010/370, art. 2(1), Sch. Pt. 1
- F8
Words in art. 80(5)(b) substituted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 16, Sch. 2 para. 16(c)(ii); S.R. 2010/370, art. 2(1), Sch. Pt. 1
- F9
Art. 80(5A) inserted (14.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 39(6), Sch. 4 para. 21(d); S.R. 2010/370, art. 2(2), Sch. Pt. II
- F10
Word in art. 80(6) substituted (14.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 39(6), Sch. 4 para. 21(e)(i); S.R. 2010/370, art. 2(2), Sch. Pt. II
- F11
Words in art. 80(6) inserted (14.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 39(6), Sch. 4 para. 21(e)(ii); S.R. 2010/370, art. 2(2), Sch. Pt. II
- F12
Art. 80(7) inserted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 16, Sch. 2 para. 16(d); S.R. 2010/370, art. 2(1), Sch. Pt. 1
- F13
Words in art. 80(7) substituted (14.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 39(6), Sch. 4 para. 21(f); S.R. 2010/370, art. 2(2), Sch. Pt. II