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New system of endorsement |
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In the Road Traffic Offenders Act 1988 (c. 53), after section 97 insert— |
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“97A | Meaning of “driving record” |
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(1) | In this Act “driving record”, in relation to a person, means a record in |
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relation to the person maintained by the Secretary of State and |
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designed to be endorsed with particulars relating to offences |
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committed by the person under the Traffic Acts. |
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(2) | The Secretary of State may make arrangements for the following |
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persons to have access, by such means as the Secretary of State may |
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determine, to information held on a person’s driving record— |
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(c) | fixed penalty clerks, |
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(d) | the person in respect of whom the record is maintained and |
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persons authorised by him, and |
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(e) | other persons prescribed in regulations made by the Secretary |
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(3) | The power to make regulations under subsection (2)(e) above shall be |
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exercisable by statutory instrument. |
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(4) | No regulations shall be made under subsection (2)(e) above unless a |
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draft of the instrument containing them has been laid before, and |
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approved by a resolution of, each House of Parliament.” |
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9 | Unlicensed and foreign drivers |
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(1) | The Road Traffic Offenders Act 1988 is amended as follows. |
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(2) | In section 44 (endorsement of licences)— |
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(a) | after subsection (3) insert— |
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“(3A) | Where a person who is not the holder of a licence is convicted of |
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an offence involving obligatory endorsement, subsection (1) |
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above applies as if the reference to the counterpart of any |
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licence held by him were a reference to his driving record.”, and |
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(b) | for the heading substitute “Orders for endorsement”. |
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(3) | After that section insert— |
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“44A | Endorsement of driving record in accordance with order |
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(1) | Where the court orders the endorsement of a person’s driving record |
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with any particulars or penalty points it must send notice of the order |
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to the Secretary of State. |
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(2) | On receiving the notice, the Secretary of State must endorse those |
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particulars or penalty points on the person’s driving record. |
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(3) | A notice sent by the court to the Secretary of State in pursuance of this |
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section must be sent in such manner and to such address and contain |
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such particulars as the Secretary of State may require.” |
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(4) | In section 54 (notices on-the-spot etc.), after subsection (5) insert— |
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“(5A) | Where the offence appears to the constable or vehicle examiner to |
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involve obligatory endorsement, and the person is not the holder of a |
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licence, the constable or vehicle examiner may only give him a fixed |
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penalty notice under subsection (2) above in respect of the offence if the |
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constable or vehicle examiner is satisfied, on accessing information |
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held on his driving record, that he would not be liable to be disqualified |
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under section 35 of this Act if he were convicted of that offence. |
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(5B) | Subsection (5C) below applies where— |
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(a) | the offence appears to the constable or vehicle examiner to |
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involve obligatory endorsement, |
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(b) | the person concerned is not the holder of a licence, and |
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(c) | the constable or vehicle examiner is unable to satisfy himself, by |
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accessing information held on his driving record, that he would |
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not be liable to be disqualified under section 35 of this Act if he |
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were convicted of that offence. |
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(5C) | Where this subsection applies, the constable or vehicle examiner may |
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give the person a notice stating that if— |
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(a) | he delivers the notice in accordance with subsection (5D) below, |
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(b) | the person to whom it is delivered is satisfied, on accessing |
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information held on his driving record, that he would not be |
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liable to be disqualified under section 35 of this Act if he were |
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convicted of the offence, |
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| he will then be given a fixed penalty notice in respect of the offence. |
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(a) | if the notice is given by a constable, be made in person, within |
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seven days after the notice is given, to a constable or authorised |
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person at the police station specified in the notice (being a police |
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station chosen by the person concerned), or |
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(b) | if the notice is given by a vehicle examiner, be made (either by |
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post or in person), within fourteen days after the notice is given, |
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to the Secretary of State at the place specified in the notice. |
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(5E) | If a person to whom a notice has been given under subsection (5C) |
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above delivers the notice in accordance with subsection (5D) above, |
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and the person to whom it is delivered is satisfied, on accessing |
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information held on his driving record, that he would not be liable to |
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be disqualified under section 35 of this Act if he were convicted of the |
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offence, that person must give him a fixed penalty notice in respect of |
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the offence to which the notice under subsection (5C) relates.” |
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(5) | After section 57 insert— |
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“57A | Endorsement of driving records without hearings |
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(1) | Subject to subsection (2) below, where a person who is not the holder of |
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a licence has been given a fixed penalty notice under section 54 of this |
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Act in respect of an offence involving obligatory endorsement, his |
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driving record may be endorsed in accordance with this section |
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without any order of a court. |
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(2) | A person’s driving record may not be endorsed under this section if at |
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the end of the suspended enforcement period— |
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(a) | he has given notice, in the manner specified in the fixed penalty |
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notice, requesting a hearing in respect of the offence to which |
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the fixed penalty notice relates, and |
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(b) | the fixed penalty has not been paid in accordance with this Part |
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(3) | If payment of the fixed penalty is made before the end of the suspended |
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enforcement period and the person to whom the payment is made is the |
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fixed penalty clerk, the fixed penalty clerk must send to the Secretary of |
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State notice of the relevant particulars which are to be endorsed on the |
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(4) | Where any sum determined by reference to the fixed penalty is |
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registered under section 71 of this Act for enforcement against the |
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person as a fine in a case where the fixed penalty is required to be paid |
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to the fixed penalty clerk, the fixed penalty clerk must send to the |
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Secretary of State notice of the relevant particulars which are to be |
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endorsed on the person’s driving record— |
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(a) | if he is himself the person who registers the sum, on the |
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registration of that sum, and |
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(b) | in any other case, on being notified of the registration by the |
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person who registers that sum. |
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(5) | The Secretary of State must endorse the relevant particulars on the |
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person’s driving record if— |
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(a) | he receives notice of them under subsection (3) or (4) above, |
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(b) | the fixed penalty is paid to him before the end of the suspended |
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(c) | in a case where the fixed penalty is required to be paid to the |
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Secretary of State, any sum determined by reference to the fixed |
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penalty is registered under section 71 of this Act for |
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enforcement against the person as a fine. |
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(6) | References in this section to the relevant particulars are to— |
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(a) | particulars of the offence, including the date when it was |
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(b) | the number of penalty points to be attributed to the offence.” |
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(6) | Schedule 2 contains further amendments about the endorsement of driving |
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records in the case of unlicensed and certain foreign drivers. |
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(1) | The Road Traffic Offenders Act 1988 (c. 53) (as amended by section 9 and |
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Schedule 2) is amended as follows. |
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(2) | In section 44 (orders for endorsement)— |
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(a) | in subsection (1), for “the counterpart of any licence held by him” |
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substitute “his driving record”, and |
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(b) | omit subsection (3A). |
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(3) | Section 54 (notices on-the-spot etc.) is amended as follows. |
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(4) | For subsections (3) to (5E) substitute— |
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“(3) | Where the offence appears to the constable or vehicle examiner to |
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involve obligatory endorsement, the constable or vehicle examiner may |
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only give him a fixed penalty notice under subsection (2) above in |
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respect of the offence if— |
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(a) | the constable or vehicle examiner is satisfied, on accessing |
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information held on his driving record, that he would not be |
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liable to be disqualified under section 35 of this Act if he were |
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convicted of that offence, and |
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(b) | in the case of a person who is the holder of a licence, he |
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produces it for inspection by the constable or vehicle examiner |
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and surrenders it to him to be retained and dealt with in |
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accordance with this Part of this Act. |
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(4) | Where the offence appears to the constable or vehicle examiner to |
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involve obligatory endorsement, subsection (5) below applies if— |
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(a) | the constable or vehicle examiner is unable to satisfy himself, by |
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accessing information held on his driving record, that he would |
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not be liable to be disqualified under section 35 of this Act if he |
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were convicted of that offence, or |
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(b) | in the case of a person who is the holder of a licence, he does not |
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produce it for inspection by the constable or vehicle examiner. |
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(5) | Where this subsection applies, the constable or vehicle examiner may |
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give the person a notice stating that if— |
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(a) | he delivers the notice and (if he is the holder of a licence) his |
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licence in accordance with subsection (5A) below, and |
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(b) | the requirements of subsection (5B) below are met, |
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| he will then be given a fixed penalty notice in respect of the offence. |
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(a) | if the notice is given by a constable, be made in person, within |
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seven days after the notice is given, to a constable or authorised |
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person at the police station specified in the notice (being a police |
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station chosen by the person concerned), or |
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(b) | if the notice is given by a vehicle examiner, be made (either by |
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post or in person), within fourteen days after the notice is given, |
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to the Secretary of State at the place specified in the notice. |
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(5B) | If a person to whom a notice has been given under subsection (5) above |
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delivers the notice and (if he is the holder of a licence) his licence in |
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accordance with subsection (5A) above, and the following |
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requirements are met, that is— |
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(a) | the person to whom the notice is delivered is satisfied, on |
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accessing information held on his driving record, that he would |
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not be liable to be disqualified under section 35 of this Act if he |
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were convicted of the offence, and |
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(b) | if he is the holder of a licence, it is delivered to be retained and |
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dealt with in accordance with this Part of this Act, |
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| the person to whom the notice is delivered must give him a fixed |
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penalty notice in respect of the offence to which the notice under |
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subsection (5) above relates.” |
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(5) | In subsection (6), for “(4) or (5C)” substitute “(5)”. |
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(6) | In subsection (7), omit “and a counterpart of a licence”. |
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(7) | Omit section 57 (endorsement of counterparts without hearings). |
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(8) | Section 57A (endorsement of driving records without hearings) is amended as |
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(9) | In subsection (1), omit “who is not the holder of a licence”. |
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(10) | In subsection (3), at the end insert “and return to that person any licence |
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surrendered by him under section 54 of this Act.” |
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(11) | In subsection (4), after “record” insert “and return to that person any licence |
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surrendered by him under section 54 of this Act”. |
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(12) | Schedule 3 contains further amendments about the endorsement of driving |
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records in the case of all drivers. |
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11 | Financial penalty deposits |
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(1) | In the Road Traffic Offenders Act 1988 (c. 53), after Part 3 insert— |
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Financial penalty deposits |
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90A | Power to impose financial penalty deposit requirement |
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(1) | A constable or vehicle examiner may impose a financial penalty deposit |
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requirement on a person on any occasion if the conditions in this |
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(2) | The constable or vehicle examiner must have reason to believe— |
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(a) | that the person is committing or has on that occasion committed |
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an offence relating to a motor vehicle, and |
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(b) | that the person, the offence and the circumstances in which the |
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offence is committed are of a description specified in an order |
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made by the Secretary of State. |
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(a) | given written notification that it appears likely that proceedings |
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will be brought against him in respect of the offence, or |
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(b) | (if the offence is a fixed penalty offence) either given such |
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notification or given a fixed penalty notice (or, in Scotland, |
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handed a conditional offer) in respect of the offence. |
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(4) | The person must fail to provide a satisfactory address; and for this |
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purpose “a satisfactory address” is an address in the United Kingdom |
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at which the constable or vehicle examiner considers it likely that it |
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would be possible to find the person whenever necessary to do so in |
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connection with the proceedings, fixed penalty notice or conditional |
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(5) | The person who is to impose the financial penalty deposit |
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(a) | if a constable, must be in uniform, and |
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(b) | if a vehicle examiner, must produce his authority. |
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90B | Financial penalty deposit requirement |
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(1) | For the purposes of this Part of this Act a financial penalty deposit |
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requirement is a requirement to make a payment of the appropriate |
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amount to the Secretary of State— |
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(a) | in a manner specified in an order made by him, and |
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(b) | either immediately or within the relevant period. |
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(2) | In this Part of this Act “the appropriate amount”, in relation to an |
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offence and a person, is an amount specified in relation to the offence |
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in an order made by the Secretary of State; and different amounts may |
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(a) | by reference to whether the person is given notification that it |
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appears likely that proceedings will be brought against him or |
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given a fixed penalty notice (or handed a conditional offer), and |
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(b) | otherwise by reference to the circumstances of the offence. |
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(3) | In this Part of this Act “the relevant period” means— |
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(a) | if the person was given a fixed penalty notice and proceedings |
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are not brought in respect of the offence by virtue of this Act |
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before the end of the suspended enforcement period, the |
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suspended enforcement period, |
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(b) | if he was handed a conditional offer and proceedings are not |
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brought in respect of the offence by virtue of this Act before the |
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end of the period of 28 days following the date on which the |
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conditional offer was given or any longer period specified in the |
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conditional offer, that period, and |
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(c) | otherwise, the period ending with the person being charged |
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90C | Making of payment in compliance with requirement |
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(1) | This section applies where a person on whom a financial penalty |
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deposit requirement is imposed in respect of an offence makes a |
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payment of the appropriate amount in accordance with section 90B(1) |
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of this Act (and any order made under it). |
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(2) | On payment by the person of the appropriate amount the person by |
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whom the payment is received must issue him with a written receipt |
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for the payment specifying the effect of the following provisions of this |
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(3) | If the person was handed a conditional offer— |
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(a) | the person is entitled to give notice requesting a hearing in |
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respect of the offence, and |
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(b) | the written receipt must specify the manner in which such |
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(a) | a fixed penalty notice relating to the offence has been given to |
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the person or a conditional offer so relating has been handed to |
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(b) | the person does not give notice requesting a hearing in respect |
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of the offence before the end of the relevant period in the |
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(c) | proceedings are not brought in respect of the offence by virtue |
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| subsection (6) below applies. |
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(5) | In subsection (4)(b) above “the appropriate manner” means— |
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(a) | if the person was given a fixed penalty notice, the manner |
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specified in the fixed penalty notice, and |
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(b) | if he was handed a conditional offer, the manner specified in the |
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written receipt under subsection (2) above. |
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(6) | Where this subsection applies, the Secretary of State must— |
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(a) | apply so much of the payment as does not exceed the amount of |
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the fixed penalty in or towards payment of the fixed penalty, |
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(b) | take the appropriate steps to make any appropriate refund to |
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(a) | if the person is informed that he is not to be prosecuted for the |
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offence, is acquitted of the offence or is convicted but not fined |
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in respect of it, or the prosecution period comes to an end |
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without a prosecution having been commenced against him in |
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respect of it, subsection (9) below applies, and |
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(b) | if a fine is imposed on the person in respect of the offence |
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(otherwise than as a result of a conviction obtained on a |
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prosecution commenced after the end of the prosecution |
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period), subsection (10) below applies. |
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(8) | In this Part of this Act “the prosecution period” means the period of |
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twelve months beginning with the imposition of the financial penalty |
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deposit requirement or, if shorter, any period after which no |
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prosecution may be commenced in respect of the offence. |
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(9) | Where this subsection applies, the Secretary of State must take the |
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appropriate steps to make the appropriate refund to the person. |
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(10) | Where this subsection applies, the Secretary of State must— |
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(a) | apply so much of the payment as does not exceed the amount of |
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the fine in or towards payment of the fine, and |
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(b) | take the appropriate steps to make any appropriate refund to |
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(11) | Where the Secretary of State is required by this section to take the |
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appropriate steps to make an appropriate refund, he must take such |
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steps to trace the person and to make the refund to him, by such means, |
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as are specified in an order made by the Secretary of State. |
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(12) | In this Part of this Act “the appropriate refund”, in any case, is a refund |
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(a) | where subsection (6) above applies, so much of the payment as |
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exceeds the amount of the fixed penalty, |
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(b) | where subsection (9) above applies, the amount of the payment, |
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