Road Safety Bill [HL]

House of Commons

Session 2005 - 06
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Road Safety Bill [HL]

Road Safety Bill [HL]
Schedule 1 — Giving of fixed penalty notices by vehicle examiners etc.
62

Schedules
Schedule 1
Section 4

Giving of fixed penalty notices by vehicle examiners etc.
Road Traffic Offenders Act 1988 (c. 53)
1
Part 3 of the Road Traffic Offenders Act 1988 (fixed penalties) is amended as
5
follows.
2
In section 52(3)(c) (fixed penalty notice must state to whom and where fixed
penalty may be paid), for the words from the beginning to “to” substitute
“the person to”.
3     (1)
Section 54 (notices on-the-spot or at a police station) is amended as follows.
10
      (2)
In subsection (1), after “uniform” insert “, or a vehicle examiner who
produces his authority,”.
      (3)
In subsection (2), after “constable” insert “or vehicle examiner”.
      (4)
In subsection (3), after “constable”, in each place, insert “or vehicle
examiner”.
15
      (5)
In subsection (4)—
(a)
after “constable”, in the first three places, insert “or vehicle
examiner”,
(b)
for “, within seven days after the notice is given, he produces”
substitute “he delivers”, and
20
(c)
for the words from “person to” to “person concerned)” substitute
“accordance with subsection (4A) below”.
      (6)
After that subsection insert—
“(4A)
Delivery must—
(a)
if the notice is given by a constable, be made in person, within
25
seven days after the notice is given, to a constable or
authorised person at the police station specified in the notice
(being a police station chosen by the person concerned), or
(b)
if the notice is given by a vehicle examiner, be made (either
by post or in person), within fourteen days after the notice is
30
given, to the Secretary of State at the place specified in the
notice.”
      (7)
In subsection (5)—
(a)
for “produces” substitute “delivers”,
(b)
for the words from “person to a” to “to him” substitute “accordance
35
with subsection (4A) above”,

Road Safety Bill [HL]
Schedule 1 — Giving of fixed penalty notices by vehicle examiners etc.
63

(c)
in paragraph (a) and in the words following paragraph (b), for
“constable or authorised person” substitute “person to whom the
notice under subsection (4) above is delivered”,
(d)
omit “he surrenders”, and
(e)
for “to the constable or authorised person” substitute “are
5
delivered”.
      (8)
In subsection (7)—
(a)
after “surrendered” insert “or delivered”, and
(b)
insert at the end “if the fixed penalty notice was given by a constable
or authorised person”.
10
      (9)
In the heading, for “or at a police station” substitute “etc.”
4     (1)
Section 56 (licence receipts) is amended as follows.
      (2)
In subsection (1)—
(a)
for “constable or authorised person” substitute “person”, and
(b)
after “surrenders” insert “or delivers”.
15
      (3)
In subsection (2)—
(a)
for “The” substitute “Where the duty in section 54(7) of this Act
applies, the”, and
(b)
after “surrendered” insert “or delivered”.
      (4)
In subsection (3)—
20
(a)
for “by a constable or authorised person” substitute “under
subsection (1) above”, and
(b)
for “by the fixed penalty clerk” substitute “under subsection (2)
above”.
5     (1)
Section 57 (endorsement of licences without hearings) is amended as
25
follows.
      (2)
In subsection (1), for the words from “has surrendered” to “this Act,”
substitute “has been given a fixed penalty notice under section 54 of this Act
in respect of an offence involving obligatory endorsement,”.
      (3)
In subsection (3), for “fixed penalty clerk” substitute “person to whom it is
30
paid”.
      (4)
In subsection (4)—
(a)
for “fixed penalty clerk” substitute “person to whom the fixed
penalty is required to be paid”, and
(b)
for “the clerk”, in both places, substitute “the person”.
35
      (5)
In subsection (6)—
(a)
for “On endorsing” substitute “Where the endorsement of”, and
(b)
after “section” insert “is made by the fixed penalty clerk,”.
6     (1)
Section 61 (fixed penalty notice mistakenly given: exclusion of fixed penalty
procedures) is amended as follows.
40
      (2)
In subsection (1)—
(a)
for “sent to him under section 54(7)” substitute “surrendered or
delivered under section 54”, and
(b)
after “clerk” insert “or the Secretary of State”.

Road Safety Bill [HL]
Schedule 1 — Giving of fixed penalty notices by vehicle examiners etc.
64

      (3)
In subsection (2)—
(a)
omit “fixed penalty clerk must not endorse the”,
(b)
before “under” insert “must not be endorsed”, and
(c)
after “but” insert “if it was sent to the fixed penalty clerk he”.
7
In section 62(1) (fixing notices to vehicles), after “constable” insert “or a
5
vehicle examiner”.
8     (1)
Section 63 (service of notice to owner if penalty not paid) is amended as
follows.
      (2)
In subsection (2), for “chief officer of police” substitute “relevant person”.
      (3)
After that subsection insert—
10
“(2A)
In this section “the relevant person” means—
(a)
if the fixed penalty notice was fixed by a constable, the chief
officer of police, and
(b)
if it was fixed by a vehicle examiner, the Secretary of State.”
      (4)
In subsection (4)(c), for “chief officer of police by or on whose behalf the
15
notice was served” substitute “relevant person”.
9     (1)
Section 66 (hired vehicles) is amended as follows.
      (2)
In subsection (1)(c), for “chief officer of police by or on whose behalf the
notice was served” substitute “relevant person”.
      (3)
In subsection (5), for “chief officer of police” substitute “person”.
20
      (4)
In subsection (8), after the definition of “hiring agreement” insert—
““relevant person” means—
(a)
if the fixed penalty notice was fixed by a constable,
the chief officer of police by or on whose behalf the
notice to owner was served, and
25
(b)
if it was fixed by a vehicle examiner, the Secretary of
State, and”.
10
In section 68(4) (meaning of “official form”), after “police” insert “or the
Secretary of State”.
11    (1)
Section 69 (payment of fixed penalty) is amended as follows.
30
      (2)
In subsection (1), for “Payment of a fixed penalty under this Part of this Act”
substitute “Where a fixed penalty notice has been given or fixed by a
constable or authorised person under this Part of this Act, payment of the
fixed penalty”.
      (3)
After that subsection insert—
35
“(1A)
Where a fixed penalty notice has been given or fixed by a vehicle
examiner, or given by the Secretary of State, under this Part of this
Act, payment of the fixed penalty must be made to the Secretary of
State.”
      (4)
In subsection (3), after “clerk” insert “, or the Secretary of State,”.
40
12    (1)
Section 70 (registration certificates) is amended as follows.
      (2)
In subsection (2), for “chief officer of police” substitute “relevant person”.

Road Safety Bill [HL]
Schedule 1 — Giving of fixed penalty notices by vehicle examiners etc.
65

      (3)
After that subsection insert—
“(2A)
In subsection (2) above “the relevant person” means—
(a)
if the fixed penalty notice in question was given or fixed by a
constable or given by an authorised person, the chief officer
of police, and
5
(b)
if it was given or fixed by a vehicle examiner or given by the
Secretary of State, the Secretary of State.”
      (4)
In subsection (3), for “fixed penalty clerk” substitute “appropriate person”.
      (5)
After that subsection insert—
“(3A)
In subsection (3) above “the appropriate person” means—
10
(a)
if the fixed penalty notice in question was given or fixed by a
constable or given by an authorised person, the fixed penalty
clerk, and
(b)
if it was given or fixed by a vehicle examiner or given by the
Secretary of State, the Secretary of State.”
15
      (6)
In subsection (4), for “the chief officer of police or the fixed penalty clerk”
substitute “a person”.
13    (1)
Section 72 (notices on-the-spot or at a police station: when registration and
endorsement invalid) is amended as follows.
      (2)
In subsection (4), after “surrendered” insert “or delivered”.
20
      (3)
In the heading, for “or at a police station” substitute “etc.”
14    (1)
Section 73 (notices fixed to vehicles: when registration invalid) is amended
as follows.
      (2)
In subsection (4), for—
(a)
“the chief officer of police”, and
25
(b)
“that chief officer of police”,

substitute “the relevant person”.
      (3)
After that subsection insert—
“(4A)
In subsection (4) above “the relevant person” means—
(a)
if the fixed penalty notice concerned was fixed by a constable,
30
the fixed penalty clerk, and
(b)
if it was fixed by a vehicle examiner, the Secretary of State.”
      (4)
In subsection (5), omit—
(a)
“by or on behalf of the chief officer of police”, and
(b)
“such”.
35
      (5)
In subsection (7)—
(a)
omit “by or on behalf of the chief officer of police”, and
(b)
for “he” substitute “the person by whom it is served”.
15    (1)
Section 75 (issue of conditional offer) is amended as follows.
      (2)
After subsection (1) insert—
40
“(1A)
Where in England and Wales—

Road Safety Bill [HL]
Schedule 1 — Giving of fixed penalty notices by vehicle examiners etc.
66

(a)
a vehicle examiner has reason to believe that a fixed penalty
offence has been committed, and
(b)
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,
5

a notice under this section may be sent to the alleged offender by the
Secretary of State.”
      (3)
After subsection (3A) insert—
“(3B)
Where in Scotland a vehicle examiner—
(a)
on any occasion has reason to believe that a person he finds
10
is committing or has on that occasion committed a fixed
penalty offence, he may hand to that person,
(b)
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
15
offender,

a notice under this section.”
      (4)
In subsection (4), for “and (3)” substitute “to (3B)”.
      (5)
In subsection (6), for “person issues a conditional offer” substitute
“conditional offer is issued by a person under subsection (1), (2) or (3)
20
above”.
      (6)
In subsection (8), for—
(a)
“the fixed penalty clerk”, and
(b)
“that clerk”, in both places,

substitute “the appropriate person”.
25
      (7)
After subsection (11) insert—
“(11A)
In this section and sections 76 and 77 of this Act “the appropriate
person” means—
(a)
where the conditional offer was issued under subsection (1),
(2) or (3) above, the fixed penalty clerk, and
30
(b)
where the conditional offer was issued under subsection (1A)
or (3B) above, the Secretary of State.”
16    (1)
Section 76 (effect of order and payment of penalty) is amended as follows.
      (2)
In subsection (1), for “sent” substitute “issued”.
      (3)
For subsections (2) to (5) substitute—
35
“(2)
Where the alleged offender makes payment of the fixed penalty in
accordance with the conditional offer, no proceedings shall be
brought against him for the offence to which the offer relates unless
subsection (3) below applies.
(3)
This subsection applies where—
40
(a)
it appears to the appropriate person, on inspecting the licence
and its counterpart, that the alleged offender would be liable
to be disqualified under section 35 of this Act if he were
convicted of the offence to which the conditional offer relates,

Road Safety Bill [HL]
Schedule 1 — Giving of fixed penalty notices by vehicle examiners etc.
67

(b)
the appropriate person returns the payment to the alleged
offender together with his licence and its counterpart, and
(c)
where the appropriate person is not the Secretary of State, the
appropriate person gives notice that he has done so to the
person required to be notified.
5
(4)
Where the requirements specified in the conditional offer in
accordance with sub-paragraphs (i) and (ii) of section 75(8)(a) of this
Act have not been fulfilled, no proceedings shall be brought against
the alleged offender for the offence to which the offer relates—
(a)
until the end of the period of twenty-eight days following the
10
date on which the conditional offer was made, or such longer
period as may be specified in the offer, and
(b)
where the appropriate person is not the Secretary of State,
unless the appropriate person notifies the person required to
be notified that proceedings may be brought by virtue of this
15
subsection.
(5)
In this section and section 77 of this Act “the person required to be
notified” means—
(a)
if the conditional offer was issued under subsection (1) of
section 75 of this Act, the chief officer of police,
20
(b)
if it was issued under subsection (2) of that section, the
procurator fiscal, and
(c)
if it was issued under subsection (3) of that section, the chief
constable or (as the case may be) the chief constable of the
British Transport Police Force.”
25
      (4)
In subsection (6), for “(4)(b)” substitute “(3)(a)”.
      (5)
In subsection (7), for—
(a)
“the fixed penalty clerk”, and
(b)
“that clerk”,

substitute “the appropriate person”.
30
      (6)
In subsection (8), for “(4)” substitute “(3)”.
      (7)
In subsection (9), for “(2)(b)” substitute “(5)(b) or (c)”.
17    (1)
Section 77 (endorsement where penalty paid) is amended as follows.
      (2)
In paragraph (a) of subsection (1), for—
(a)
“the fixed penalty clerk”, and
35
(b)
“the clerk”,

substitute “the appropriate person”.
      (3)
For paragraph (b) of that subsection substitute—
“(b)
proceedings against the alleged offender for the offence to
which the conditional offer relates are excluded by section 76
40
of this Act,”.
      (4)
In the words following that paragraph, for “clerk” substitute “appropriate
person”.
      (5)
In subsection (2), for “it appears to a fixed penalty clerk in Scotland”
substitute “in Scotland it appears to the appropriate person”.
45

Road Safety Bill [HL]
Schedule 1 — Giving of fixed penalty notices by vehicle examiners etc.
68

      (6)
In subsection (3)—
(a)
for “a clerk” substitute “the appropriate person”,
(b)
for “the clerk” substitute “unless the appropriate person is the
Secretary of State, the appropriate person”, and
(c)
for “referred to in section 76(2)(a) or (b) of this Act” substitute
5
“required to be notified”.
      (7)
In subsection (4), for “after a notice has been given in pursuance of
subsection (3)(b) above” substitute “where subsection (3) above applies”.
      (8)
In subsection (6), for “The fixed penalty clerk” substitute “Where the
appropriate person is the fixed penalty clerk, he”.
10
18    (1)
Section 79 (statements by constables) is amended as follows.
      (2)
In subsection (1)—
(a)
after “constable”, in the first place, insert “or vehicle examiner”,
(b)
for “constable’s” substitute “relevant”, and
(c)
omit “constable or authorised”.
15
      (3)
In subsection (2)—
(a)
for “constable’s” substitute “relevant”, and
(b)
after “committed” insert “or on behalf of the Secretary of State”.
      (4)
In subsections (4) and (5), for “constable’s” substitute “relevant”.
      (5)
In subsection (6), for “production of the notice under section 54(5) at a police
20
station in accordance with that section” substitute “delivery of the notice”.
19
In section 80 (certificates about payment), for “fixed penalty clerk”, in both
places, substitute “person to whom it was required to be paid”.
20
In section 82(1) (accounting for fixed penalties), after “paid” insert “to the
fixed penalty clerk”.
25
21    (1)
Section 83 (powers of court where clerk deceived) is amended as follows.
      (2)
In subsection (1)—
(a)
in paragraph (a), after “fixed penalty clerk” insert “or the Secretary of
State”, and
(b)
in paragraph (b), for the words from “Act the” to “the counterpart”
30
substitute “Act the appropriate person is deceived as to whether
proceedings against the person are excluded by section 76 of this
Act”.
      (3)
In the heading, for “where clerk deceived” substitute “in cases of
deception”.
35
22
In section 84(1) (regulations), for “75(2) and (3) or 76(5) and (6)” substitute
“75(1), (1A), (2), (3) or (3B) or 76(3)(c) or (4)(b)”.
23
In section 89(1) (interpretation), after the definition of “proceedings” insert
“and
“vehicle examiner” means an examiner appointed under section
40
66A of the Road Traffic Act 1988.”