Road Traffic Offenders Act 1988

shall have effect as if for the reference to the time when the offence was committed or (as the case may be) the time when the contravention occurred there were substituted a reference to the date of the statutory declaration made for the purposes of section 72(1) or, as the case may be, 73(1).

• (2) Where, on the application of a person who has received notice of the registration of a sum under section 71 of this Act for enforcement against him as a fine, it appears to the relevant court (which for this purpose may be composed of a single justice) that it was not reasonable to expect him to serve, within twenty-one days of the date on which he received the notice, a statutory declaration to the effect mentioned in section 72(2) or, as the case may be, 73(2) of this Act, the court may accept service of such a declaration by that person after that period has expired.

• (3) A statutory declaration accepted under subsection (2) above shall be taken to have been served as required by section 72(1) or, as the case may be, section 73(1) of this Act.

• (4) For the purposes of sections 72(1) and 73(1) of this Act, a statutory declaration shall be taken to be duly served on the proper officer of the relevant court if it is delivered to him, left at his office, or sent in a registered letter or by the recorded delivery service addressed to him at his office.

• (5) In sections 72, 73 and this section—

• (a) references to the relevant court are—

• (i) in the case of a sum registered under section 71 of this Act for enforcement as a fine in a local justice area in England and Wales, references to any magistrates’ court acting in that area, and

• (ii) in the case of a sum registered under that section for enforcement as a fine by a court of summary jurisdiction in Scotland, references to that court,

• (b) references to the proper officer of the relevant court are—

• (i) in the case of a magistrates’ court, references to the designated officer for that court, and

• (ii) in the case of a court of summary jurisdiction in Scotland, references to the clerk of the court, and

• (c) references to proceedings for enforcing payment of the sum registered are references to any process issued or other proceedings taken for or in connection with enforcing payment of that sum.

• (6) For the purposes of sections 72, 73 and this section, a person shall be taken to receive notice of the registration of a sum under section 71 of this Act for enforcement against him as a fine when he receives notice either of the registration as such or of any proceedings for enforcing payment of the sum registered.

• (7) Nothing in the provisions of sections 72 or 73 or this section is to be read as prejudicing any rights a person may have apart from those provisions by virtue of the invalidity of any action purportedly taken in pursuance of this Part of this Act which is not in fact authorised by this Part of this Act in the circumstances of the case; and, accordingly, references in those provisions to the registration of any sum or to any other action taken under or by virtue of any provision of this Part of this Act are not to be read as implying that the registration or action was validly made or taken in accordance with that provision.

Conditional offer of fixed penalty

Conditional offer by procurator fiscal

75

• (1) Where in England and Wales—

• (a) a constable 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,

a notice under this section may be sent to the alleged offender by or on behalf of the chief officer of police or, if the constable is a member of the British Transport Police, by or on behalf of the chief constable of the British Transport Police.

• (1A) Where in England and Wales—

• (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,

a notice under this section may be sent to the alleged offender by the Secretary of State.

• (2) Where in Scotland a procurator fiscal receives a report that—

• (a) an offence specified in Schedule 3 to this Act has been committed,

• (b) an offence specified in Schedule 5 to this Act has been committed,

• (c) an offence referred to in paragraph (a) or (b) above has been committed, being an offence of causing or permitting a vehicle to be used by another person in contravention of any provision made or any restriction or prohibition imposed by or under any enactment, or

• (d) an offence of aiding, abetting, counselling, procuring or inciting the commission of an offence referred to in this subsection, has been committed,

he may send a notice under this section to the alleged offender.

• (3) Where in Scotland, a constable—

• (a) on any occasion has reason to believe that a person he finds is committing or has on that occasion committed a fixed penalty offence, he may hand to that person,

• (aa) on any occasion has reason to believe that a person he finds has, within the period of 28 days before the day of that occasion, committed a Community drivers’ hours 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 chief constable may send to the alleged offender,

a notice under this section.

• (3A) Where a constable is a constable of the British Transport Police Force subsection (3) shall have effect as if the reference to the chief constable were a reference to the chief constable of that force.

• (3B) Where in Scotland a vehicle examiner—

• (a) on any occasion has reason to believe that a person he finds is committing or has on that occasion committed a fixed penalty offence, he may hand to that person,

• (aa) on any occasion has reason to believe that a person he finds has, within the period of 28 days before the day of that occasion, committed a Community drivers’ hours 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 offender,

a notice under this section.

• (3C) A constable or vehicle examiner may not hand a person a conditional offer under subsection (3) or (3B) for a Community drivers’ hours offence where the constable or vehicle examiner has reason to believe that—

• (a) a fixed penalty notice has already been given to the person under section 54 of this Act in relation to the offence;

• (b) a conditional offer has already been issued to the person under this section in relation to the offence;

• (c) proceedings have already been initiated against the person for the offence; or

• (d) any other penalty has already been imposed on, or other proceedings have already been initiated against, the person in respect of the relevant breach in Northern Ireland , an EU member State, or in another contracting country.

• (3D) In subsection (3C)(d) “relevant breach” means the breach of the applicable Community rules which constitutes the Community drivers’ hours offence concerned.

• (4) Subsections (2) to (3B) above shall not apply where a fixed penalty notice in respect of the offence has been given under section 54 of this Act or has been fixed to a vehicle under section 62 of this Act.

• (5) A notice under this section is referred to in this section and sections 76 and 77A as a “conditional offer”.

• (6) Where a conditional offer is issued by a person under subsection (1), (2) or (3) above, he must notify the designated officer, or in Scotland clerk of court, specified in it of its issue and its terms; and he is referred to in this section and sections 76 and 77A as “the fixed penalty clerk”.

• (7) A conditional offer must—

• (a) 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,

• (b) state the amount of the fixed penalty for that offence, and

• (ba) give details of the identification information that may be required where the conditional offer relates to an offence involving obligatory endorsement,

• (c) state that proceedings against the alleged offender cannot be commenced in respect of that offence until the end of the period of twenty-eight days following the date on which the conditional offer was issued or such longer period as may be specified in the conditional offer.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8A) A conditional offer sent to an alleged offender ... must indicate that if the following conditions are fulfilled, that is—

• (a) within the period of twenty-eight days following the date on which the offer was issued, or such longer period as may be specified in the offer, the alleged offender

• (i) makes payment of the fixed penalty to the appropriate person, and

• (ii) where the conditional offer relates to an offence involving obligatory endorsement, fulfils the identification requirements,

• (b) 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 section 35 of this Act,

any liability to conviction of the offence shall be discharged.

• (8B) For the purposes of subsection (8A)(a)(ii), an alleged offender fulfils the identification requirements if—

• (a) the alleged offender provides the appropriate person with identification information, or

• (b) the appropriate person is otherwise satisfied of the alleged offender’s identity.

• (8C) In this section “identification information” means—

• (a) the alleged offender’s name and date of birth, and

• (b) if the alleged offender is the holder of a licence, the licence number.

• (9) For the purposes of the conditions set out in subsection ... (8A)(b) above, 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 of Schedule 2 to this Act, that the number of penalty points to be attributed to the offence would be the lowest in the range.

• (10) The Secretary of State may by order provide for offences to become or (as the case may be) to cease to be offences in respect of which a conditional offer may be sent under subsection (2)(b) above, and may make such modifications of the provisions of this Part of this Act as appear to him to be necessary for the purpose.

• (11) An offence committed by aiding, abetting, counselling, procuring or inciting the commission of an offence which is an offence involving obligatory endorsement is itself an offence involving obligatory endorsement for the purposes of the application of this Part of this Act in Scotland.

• (11A) In this section and sections 76 and 77A 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

• (b) where the conditional offer was issued under subsection (1A) or (3B) above, the Secretary of State.

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of offer and payment of penalty

76

• (1) This section applies where a conditional offer has been issued to a person under section 75 of this Act.

• (2) Where the alleged offender has fulfilled the conditions specified in the conditional offer under section 75(8A)(a), 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—

• (a) it appears to the appropriate person, on ... accessing information held on the alleged offender's driving record, 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,

• (b) the appropriate person returns the payment to the alleged offender ... ..., 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.

• (4) Where the alleged offender has not fulfilled the conditions specified in the conditional offer under section 75(8A)(a), 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 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 subsection.

• (5) In this section and section 77A 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,

• (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.

• (6) In determining for the purposes of subsection (3)(a) above whether a person convicted of an offence would be liable to disqualification under section 35, 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 of Schedule 2 to this Act, that the number of penalty points to be attributed to the offence would be the lowest in the range.

• (7) In any proceedings a certificate that by a date specified in the certificate payment of a fixed penalty was or was not received by the appropriate person shall, if the certificate purports to be signed by the appropriate person, be evidence, or in Scotland sufficient evidence, of the facts stated.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) In Scotland, the Secretary of State may by regulations vary the provisions of subsection (5)(b) or (c) above.

Endorsement where penalty paid

77

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings in fixed penalty cases

General restriction on proceedings

78

• (1) Proceedings shall not be brought against any person for the offence to which a fixed penalty notice relates until the end of the suspended enforcement period.

• (2) Proceedings shall not be brought against any person for the offence to which a fixed penalty notice relates if the fixed penalty is paid in accordance with this Part of this Act before the end of the suspended enforcement period.

Statements by constables

79

• (1) In any proceedings a certificate that a copy of a statement by a constable or vehicle examiner with respect to the alleged offence (referred to in this section as a “relevant witness statement”) was included in or given with a fixed penalty notice ... given to the accused on a date specified in the certificate shall, if the certificate purports to be signed by the ... person who gave the accused the notice, be evidence of service of a copy of that statement by delivery to the accused on that date.

• (2) In any proceedings a certificate that a copy of a relevant witness statement was included in or served with a notice to owner served on the accused in the manner and on a date specified in the certificate shall, if the certificate purports to be signed by any person employed as a civilian police employee , or by a police volunteer designated under section 38 of the Police Reform Act 2002, for the police area in which the offence to which the proceedings relate is alleged to have been committed or on behalf of the Secretary of State, be evidence of service in the manner and on the date so specified both of a copy of that statement and of the notice to owner.

• (3) Any address specified in any such certificate as is mentioned in subsection (2) above as being the address at which service of the notice to owner was effected shall be taken for the purposes of any proceedings in which the certificate is tendered in evidence to be the accused’s proper address, unless the contrary is proved.

• (4) Where a copy of a relevant witness statement is included in or served with a notice to owner served in any manner in which the notice is authorised to be served under this Part of this Act, the statement shall be treated as duly served for the purposes of section 9 of the Criminal Justice Act 1967 (proof by written statement) notwithstanding that the manner of service is not authorised by Criminal Procedure Rules.

• (5) In relation to any proceedings in which service of a relevant witness statement is proved by certificate under this section—

• (a) that service shall be taken for the purposes of subsection (2)(c) of that section (copy of statement to be tendered in evidence to be served before hearing on other parties to the proceedings by or on behalf of the party proposing to tender it) to have been effected by or on behalf of the prosecutor, and

• (b) subsection (2)(d) of that section (time for objection) shall have effect with the substitution, for the reference to seven days from the service of the copy of the statement, of a reference to seven days from the relevant date.

• (5A) For the purposes of subsection (2), a person is employed as a civilian police employee for a police area if—

• (a) in the case of a police area listed in Schedule 1 to the Police Act 1996, the person is a member of the civilian staff of the police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011) maintained for that area;

• (b) in the case of the metropolitan police district, the person is a member of the civilian staff of the metropolitan police force (within the meaning of that Part of that Act);

• (c) in the case of the City of London, the person is employed by the Common Council of the City of London in its capacity as police authority.

• (6) In subsection (5)(b) above “relevant date” means—

• (a) where the accused gives notice requesting a hearing in respect of the offence in accordance with any provision of this Part of this Act, the date on which he gives that notice...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) This section does not extend to Scotland.

Certificates about payment

80

In any proceedings a certificate—

• (a) that payment of a fixed penalty was or was not received, by a date specified in the certificate, by the person to whom it was required to be paid, or

• (b) that a letter containing an amount sent by post in payment of a fixed penalty was marked as posted on a date so specified , or

• (c) that the identification requirements specified in section 69(3C) or 75(8B) have been fulfilled,

shall, if the certificate purports to be signed by the person to whom the penalty was required to be paid, be evidence (and, in Scotland, sufficient evidence) of the facts stated.

Documents signed by the accused

81

• (1) Where—

• (a) any person is charged with a fixed penalty offence, and

• (b) the prosecutor produces to the court a document to which this subsection applies purporting to have been signed by the accused,

the document shall be presumed, unless the contrary is proved, to have been signed by the accused and shall be evidence (and, in Scotland, sufficient evidence) in the proceedings of any facts stated in it tending to show that the accused was the owner, the hirer or the driver of the vehicle concerned at a particular time.

• (2) Subsection (1) above applies to any document purporting to be—

• (a) a notice requesting a hearing in respect of the offence charged given in accordance with a fixed penalty notice relating to that offence, or

• (b) a statutory statement of any description defined in Schedule 4 to this Act or a copy of a statement of liability within the meaning of section 66 of this Act provided in response to a notice to owner.

Miscellaneous

Accounting for fixed penalties: England and Wales

82

• (1) In England and Wales, sums paid to the fixed penalty clerk by way of fixed penalty for an offence shall be treated for the purposes of section 38 of the Courts Act 2003 (application of receipts of designated officers) as if they were fines imposed on summary conviction for that offence.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of court where clerk deceived

83

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1A) This section ... applies where—

• (a) particulars are endorsed on a person's driving record under section 57A of this Act because the fixed penalty clerk or the Secretary of State is deceived as to whether endorsement under that section is excluded by section 61A(2) of this Act by virtue of the fact that the person to whom the fixed penalty notice was given would be liable to be disqualified under section 35 of this Act if he were convicted of the offence, or

• (b) particulars are endorsed on a person's driving record under section 77A of this Act because the appropriate person or court is deceived as to whether proceedings against the person are excluded by section 76 of this Act by virtue of the fact that the person to whom the conditional offer is issued would be liable to be disqualified under section 35 of this Act if he were convicted of the offence.

• (2) If—

• (a) the deception constituted or was due to an offence committed by the person to whom the fixed penalty notice was given or conditional offer was issued , and

• (b) he is convicted of that offence,

the court by or before which he is convicted shall have the same powers and duties as it would have had if he had also been convicted by or before it of the offence of which particulars were endorsed under section ... 57A or, as the case may be, ... 77A of this Act.

Regulations

84

The Secretary of State may by regulations make provision as to any matter incidental to the operation of this Part of this Act, and in particular—

• (a) for prescribing any information or further information to be provided in any notice, notification, certificate or receipt under section 52(1), ... 59(1), ... 63(2), 70(2) and (3)(b), 73(4)(b), 75(1), (1A), (2), (3) or (3B) or 76(3)(c) or (4)(b) of this Act or in any official form for a statutory statement mentioned in Schedule 4 to, or a statement under section 66(2) of, this Act, and

• (b) the amount of the penalty stated in the offer is less than the fixed penalty applicable in the circumstances,

Service of documents

85

• (A1) Subsections (A2) to (A4) apply in relation to an offence alleged to have taken place in England and Wales.

• (A2) Subject to any requirement of this Part of this Act with respect to the manner in which a person may be provided with any such document, the person may be provided with the following documents in accordance with Criminal Procedure Rules (but without prejudice to any other method of providing them), that is to say—

• (a) any of the statutory statements mentioned in Schedule 4 to this Act, and

• (b) any of the documents mentioned in section 66(2) of this Act.

• (A3) A notice to owner may be served on any person in accordance with Criminal Procedure Rules.

• (A4) For the purposes of subsections (A2) and (A3)—

• (a) Criminal Procedure Rules (as they have effect from time to time) apply to the document to be provided or (as the case may be) the notice to be served as if it were a document to be served in criminal proceedings before a magistrates’ court, and

• (b) any magistrates’ court may discharge functions conferred on a court by those Rules in relation to such service.

• (A5) Subsections (1) to (5) apply in relation to an offence alleged to have taken place outside England and Wales.

• (1) Subject to any requirement of this Part of this Act with respect to the manner in which a person may be provided with any such document, he may be provided with the following documents by post (but without prejudice to any other method of providing him with them), that is to say—

• (a) any of the statutory statements mentioned in Schedule 4 to this Act, and

• (b) any of the documents mentioned in section 66(2) of this Act.

• (2) Where a notice requesting a hearing in respect of an offence is permitted by a fixed penalty notice or notice to owner relating to that offence to be given by post, section 7 of the Interpretation Act 1978 (service of documents by post) shall apply as if that notice were permitted to be so given by this Act.

• (3) A notice to owner may be served on any person—

• (a) by delivering it to him or by leaving it at his proper address, or

• (b) by sending it to him by post,

and where the person on whom such a notice is to be served is a body corporate it is duly served if it is served on the secretary or clerk of that body.

• (4) For the purposes of this Part of this Act and of section 7 of the Interpretation Act 1978 as it applies for the purposes of subsection (3) above the proper address of any person in relation to the service on him of a notice to owner is—

• (a) in the case of the secretary or clerk of a body corporate, that of the registered or principal office of that body or the registered address of the person who is or was the registered keeper of the vehicle concerned at the time of service, and

• (b) in any other case, his last known address at the time of service.

• (5) In subsection (4) above, “registered address”, in relation to the registered keeper of a vehicle, means the address recorded in the record kept under the Vehicle Excise and Registration Act 1994 with respect to that vehicle as being that person’s address.

Functions of traffic wardens

86

• (1) An order under section 95(5) of the Road Traffic Regulation Act 1984 may not authorise the employment of a traffic warden to discharge any function under this Part of this Act in respect of an offence if the offence appears to the traffic warden to be an offence involving obligatory endorsement unless that offence was committed whilst the vehicle concerned was stationary..

• (2) In so far as an order under that section authorises the employment of traffic wardens for the purposes of this Part of this Act, references in this Part of this Act to a constable or, as the case may be, to a constable in uniform include a traffic warden.

Guidance on application of Part III

87

The Secretary of State must issue guidance to chief officers of police for police areas and to the chief constable of the British Transport Policein respect of the operation of this Part of this Act with the objective so far as possible of working towards uniformity.

Procedure for regulations and orders

88

• (1) Any power conferred by this Part of this Act on the Secretary of State to make any order or regulations shall be exercisable by statutory instrument.

• (2) Before making—

• (a) an order under section 51, 53 or 75 of this Act, or

• (b) regulations under section 84 of this Act,

the Secretary of State must consult with such representative organisations as he thinks fit.

• (3) A statutory instrument containing regulations or an order under any provision of this Part of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) Regulations under this Part of this Act may—

• (a) make different provision for different cases, and

• (b) contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the regulations.

Interpretation

89

• (1) In this Part of this Act—

• “the applicable Community rules” has the meaning given by section 103(1) of the Transport Act 1968,

• ...

• “British Transport Police” means the force of constables appointed under the British Transport Commission Act 1949 (c. xxix);

• “chief constable” means, in Scotland in relation to any conditional offer, the chief constable of the Police Service of Scotland.

• “chief officer of police” ... means, in relation to any fixed penalty notice , notice to owner or conditional offer, the chief officer of police for the police area in which the fixed penalty offence in question is alleged to have been committed,

• “the Community Drivers’ Hours Regulation” means Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15th March 2006 on the harmonisation of certain social legislation relating to road transport (and amending and repealing certain Council Regulations), as amended from time to time,

• “contracting ... country” means a country ... which is a contracting party to—the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970, as amended; ......

• “court of summary jurisdiction” has the same meaning as in section 307(1) of the Criminal Procedure (Scotland) Act 1995,

• “driver” except in section 62 of this Act means, in relation to an alleged fixed penalty offence, the person by whom, assuming the offence to have been committed, it was committed,

• . . .

• “petty sessions area” has the same meaning as in the Magistrates’ Courts Act 1980, and

• “proceedings”, except in relation to proceedings for enforcing payment of a sum registered under section 71 of this Act, means criminal proceedings.

• “vehicle examiner” means an examiner appointed under section 66A of the Road Traffic Act 1988.

• (2) In this Part of this Act—

• (a) references to a notice requesting a hearing in respect of an offence are references to a notice indicating that the person giving the notice wishes to contest liability for the offence or seeks a determination by a court with respect to the appropriate punishment for the offence,

• (b) references to an offence include an alleged offence, and

• (c) references to the person who is or was at any time the registered keeper of a vehicle are references to the person in whose name the vehicle is or was at that time registered under the Vehicle Excise and Registration Act 1994.

• (3) For the purposes of this Part of this Act, a person commits a “Community drivers’ hours offence” if the person commits a fixed penalty offence under—

• (a) section 96(11A) of the Transport Act 1968 (permitted driving time and periods of duty);

• (b) section 98(4)(b) of the Transport Act 1968 (written records);

• (c) section 99C of the Transport Act 1968 (failure to comply with prohibition), where the prohibition is imposed under section 99A(1)(b)(ii); or

• (d) section 3(1) of the Road Traffic (Foreign Vehicles) Act 1972 (enforcement provisions) where the offence arises as a result of a contravention of the applicable Community rules.

Index to Part III

90

The expressions listed in the left hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Part of this Act listed in the right-hand column in relation to those expressions.

Part IV — Miscellaneous and General

Penalty for breach of regulations

91

If a person acts in contravention of or fails to comply with—

• (a) any regulations made by the Secretary of State under the Road Traffic Act 1988 other than regulations made under section 31, 45 or 132 or under section 160 by virtue of Schedule 2A,

• (b) any regulations made by the Secretary of State under the Road Traffic Regulation Act 1984, other than regulations made under section 28, Schedule 4, Part III of Schedule 9 or Schedule 12,

and the contravention or failure to comply is not made an offence under any other provision of the Traffic Acts, he shall for each offence be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Application to Crown

92

The following provisions of this Act apply to vehicles and persons in the public service of the Crown: sections 1, 2, 3, 15, 16 20 and 49 and the provisions connected with the licensing of drivers.

Application of sections 15 and 16 to persons subject to service discipline

93

• (1) Sections 15 and 16, in their application to persons subject to service discipline, apply outside as well as within Great Britain and have effect as if—

• (a) references to proceedings for an offence under any enactment included references to proceedings for the corresponding service offence,

• (b) references to the court included a reference to any naval, military, or air force authority before whom the proceedings take place,

• (c) references to a constable included references to a member of the provost staff, and

• (d) in section 15, subsection (4) were omitted.

• (2) Expressions used in this section have the same meaning as in sections 3A to 10 of the Road Traffic Act 1988.

Proceedings in respect of offences in connection with Crown vehicles

94

• (1) Where an offence under the Traffic Acts is alleged to have been committed in connection with a vehicle in the public service of the Crown, proceedings may be brought in respect of the offence against a person nominated for the purpose on behalf of the Crown.

• (2) Subject to subsection (3) below, where any such offence is committed any person so nominated shall also be guilty of the offence as well as any person actually responsible for the offence (but without prejudice to proceedings against any person so responsible).

• (3) Where any person is convicted of an offence by virtue of this section—

• (a) no order is to be made on his conviction save an order imposing a fine,

• (b) payment of any fine imposed on him in respect of that offence is not to be enforced against him, and

• (c) apart from the imposition of any such fine, the conviction is to be disregarded for all purposes other than any appeal (whether by way of case stated or otherwise).

Destination of Scottish fines

95

• (1) There shall be paid into the Consolidated Fund all fines imposed in respect of the following offences—

• (a) offences committed in Scotland under the provisions of the Road Traffic Act 1988 down to section 178 or regulations made under those provisions, except—

• (i) offences under sections 1, 4(2), 17, 27, 31, 33, 37, 47, 67 67A(6) and (7)(including the last two subsections as applied by section 67B(4)), 67B, 77, 169, 174(3) and (4) and 177, and

• (ii) an offence under section 164(6) consisting of a contravention of subsection (3) or (4) of that section,

• (b) offences under section 115 of the Road Traffic Regulation Act 1984 of which the offenders have been convicted on indictment in Scotland,

• (c) offences committed in Scotland under the provisions of that Act down to the end of Part IX or regulations made under those provisions, being offences of which the offenders have been convicted otherwise than on indictment, except offences under—

• (i) sections 28(3), 29(3), 47, 104(5) and (6), 105(5), 108(2) and (3),

• (ii) the provisions of subsections (2) and (3) of section 108 as modified by subsections (2) and (3) of section 109, and

• (iii) Schedule 12 (other than paragraph 3(5)),

• (d) offences committed in Scotland under this Act.

• (2) There shall be paid into the Scottish Consolidated Fund all fixed penalties imposed in respect of offences, committed in Scotland, to which subsection (2) of section 46 of the Local Government in Scotland Act 2003 (road traffic offences in relation to which Scottish Ministers may provide funding) applies.

Meaning of “offence involving obligatory endorsement”

96

For the purposes of this Act, an offence involves obligatory endorsement if it is an offence under a provision of the Traffic Acts specified in column 1 of Part I of Schedule 2 to this Act or an offence specified in column 1 of Part II of that Schedule and either—

• (a) the word “obligatory” (without qualification) appears in column 6 (in the case of Part I) or column 3 (in the case of Part II) against the offence, or

• (b) that word appears there qualified by conditions relating to the offence which are satisfied.

Meaning of “offence involving obligatory disqualification” and “offence involving discretionary disqualification”

97

• (1) For the purposes of this Act, an offence involves obligatory disqualification if it is an offence under a provision of the Traffic Acts specified in column 1 of Part I of Schedule 2 to this Act or an offence specified in column 1 of Part II of that Schedule and either—

• (a) the word “obligatory” (without qualification) appears in column 5 (in the case of Part I) or column 2 (in the case of Part II) against the offence, or

• (b) that word appears there qualified by conditions or circumstances relating to the offence which are satisfied or obtain.

• (2) For the purposes of this Act, an offence involves discretionary disqualification if it is an offence under a provision of the Traffic Acts specified in column 1 of Part I of Schedule 2 to this Act or an offence specified in column 1 of Part II of that Schedule and either—

• (a) the word “discretionary” (without qualification) appears in column 5 (in the case of Part I) or column 2 (in the case of Part II) against the offence, or

• (b) that word appears there qualified by conditions or circumstances relating to the offence which are satisfied or obtain.

General interpretation

98

• (1) In this Act—

• “disqualified” means disqualified for holding or obtaining a licence and “disqualification” is to be construed accordingly,

• “drive” has the same meaning as in the Road Traffic Act 1988,

• “licence” means a licence to drive a motor vehicle granted under Part III of that Act . . .,

• “provisional licence” means a licence granted by virtue of section 97(2) of that Act,

• “the provisions connected with the licensing of drivers” means sections 7, 8, 22, 25 to 29, 31, ... 34 to 48, 91ZA, 91A, 96 and 97 of this Act,

• “road”—

• (a) in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes, and

• (b) in relation to Scotland, means any road within the meaning of the Roads (Scotland) Act 1984 and any other way to which the public has access, and includes bridges over which a road passes,,

• “the Road Traffic Acts” means the Road Traffic Act 1988, the Road Traffic (Consequential Provisions) Act 1988 (so far as it reproduces the effect of provisions repealed by that Act) and this Act, and

• “the Traffic Acts” means the Road Traffic Acts and the Road Traffic Regulation Act 1984.

• and “Community licence”, ... , “EEA State” and “Northern Ireland licence” have the same meanings as in Part III of the Road Traffic Act 1988

• (2) Sections 185 and 186 of the Road Traffic Act 1988 (meaning of “motor vehicle” and other expressions relating to vehicles) apply for the purposes of this Act as they apply for the purposes of that Act.

• (3) In the Schedules to this Act—

• “RTRA” is used as an abbreviation for the Road Traffic Regulation Act 1984, and

• “RTA” is used as an abbreviation for the Road Traffic Act 1988 or, if followed by “1989”, the Road Traffic (Driver Licensing and Information Systems) Act 1989.

• (4) Subject to any express exception, references in this Act to any Part of this Act include a reference to any Schedule to this Act so far as relating to that Part.

Short title, commencement and extent

99

• (1) This Act may be cited as the Road Traffic Offenders Act 1988.

• (2) This Act, except so far as it may be brought into force under subsection (3) or (5) below, shall come into force at the end of the period of six months beginning with the day on which it is passed.

• (3) The provisions mentioned in subsection (4) below, so far as they relate to Scotland, shall come into force on such day or days as the Secretary of State may by order made by statutory instrument appoint.

• (4) Those provisions are—

• section 27(4),

• section 30, except so far as relating to sections 75 to 77, and

• Part III, except sections 51, 52(1) to (3), 53, 62 to 78, 80, 81 and 83 to 90.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) An order under subsection (3) or (5) above may contain such transitional provisions and savings (whether or not involving the modification of any provisions contained in an Act or in subordinate legislation (within the meaning of the Interpretation Act 1978)) as appear to the Secretary of State necessary or expedient in connection with the provisions brought (wholly or partly) into force by the order, and different days may be appointed for different purposes.

• (7) This Act, except as provided by section 93, does not extend to Northern Ireland.

SCHEDULE 1

1

• (1) Where section 1, 6, 11 or 12(1) of this Act is shown in column 3 of this Schedule against a provision of the Road Traffic Act 1988 specified in column 1, the section in question applies to an offence under that provision.

• (2) The general nature of the offence is indicated in column 2.

2

Section 6 also applies—

• (a) to an offence under section 37A or 67 of this Act, . . .

• (b) in relation to Scotland, to an offence under section 173 of the Road Traffic Act 1988 (forgery, etc., of licences, test certificates, certificates of insurance and other documents and things), . . .

• (c) ... and

• (d) to an offence under section 3A(2) or paragraph 5A(2) or 8A(2) of Schedule 1 to the Road Traffic (New Drivers) Act 1995.

3

Section 11 also applies to—

• (a) any offence to which section 112 of the Road Traffic Regulation Act 1984 (information as to identity of driver or rider) applies except an offence under section 61(5) of that Act,

• (b) any offence which is punishable under section 91 of this Act, and

• (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) any offence against any other enactment relating to the use of vehicles on roads.

4

Section 12(1) also applies to—

• (a) any offence which is punishable under section 91 of this Act, and

• (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) any offence against any other enactment relating to the use of vehicles on roads.

SCHEDULE 2

Part I — Offences under the Traffic Acts

Part II — Other offences

SCHEDULE 3

SCHEDULE 4

Part I — Statutory Statement of Ownership or Hiring

1

• (1) For the purposes of Part III of this Act, a statutory statement of ownership is a statement on an official form signed by the person providing it and stating whether he was the owner of the vehicle at the time of the alleged offence and, if he was not the owner of the vehicle at that time, whether—

• (a) he was never the owner, or

• (b) he ceased to be the owner before, or became the owner after, that time,

and in a case within paragraph (b) above, stating, if the information is in his possession, the name and address of the person to whom, and the date on which, he disposed of the vehicle or (as the case may be) the name and address of the person from whom, and the date on which, he acquired it.

• (2) An official form for a statutory statement of ownership shall—

• (a) indicate that the person providing the statement in response to a notice to owner relating to an offence may give notice requesting a hearing in respect of the offence in the manner specified in the form, and

• (b) direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) below in any official form for a statutory statement of facts.

2

• (1) For the purposes of Part III of this Act, a statutory statement of hiring is a statement on an official form, signed by the person providing it, being a person by whom a statement of liability was signed, and stating—

• (a) whether at the time of the alleged offence the vehicle was let to him under the hiring agreement to which the statement of liability refers, and

• (b) if it was not, the date on which he returned the vehicle to the possession of the vehicle-hire firm concerned.

• (2) An official form for a statutory statement of hiring shall—

• (a) indicate that the person providing the statement in pursuance of a notice relating to an offence served under section 63 of this Act by virtue of section 66 of this Act may give notice requesting a hearing in respect of the offence in the manner specified in the form, and

• (b) direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) below in any official form for a statutory statement of facts.

• (3) In sub-paragraph (1) above “ statement of liability ”, “ hiring agreement ” and “ vehicle-hire firm ” have the same meanings as in section 66 of this Act.

Part II — Statutory Statement of Facts

3

• (1) For the purposes of Part III of this Act, a statutory statement of facts is a statement on an official form, signed by the person providing it, which—

• (a) states that the person providing it was not the driver of the vehicle at the time of the alleged offence, and

• (b) states the name and address at the time when the statement is provided of the person who was the driver of the vehicle at the time of the alleged offence.

• (2) A statutory statement of facts has effect as a notice given by the driver requesting a hearing in respect of the offence if it is signed by the person identified in the statement as the driver of the vehicle at the time of the alleged offence.

• (3) An official form for a statutory statement of facts shall indicate—

• (a) that if a person identified in the statement as the driver of the vehicle at the time of the alleged offence signs the statement he will be regarded as having given notice requesting a hearing in respect of the offence,

• (b) that the person on whom the notice to owner relating to the offence is served may not give notice requesting a hearing in respect of the offence on his own account if he provides a statutory statement of facts signed by a person so identified, and

• (c) that if the fixed penalty is not paid before the end of the period stated in the notice to owner as the period for response to the notice, a sum determined by reference to that fixed penalty may be registered without any court hearing for enforcement as a fine against the person on whom the notice to owner is served, unless he has given notice requesting a hearing in respect of the offence,

but that, in a case within paragraph (c) above, the sum in question may not be so registered if the person on whom the notice to owner is served provides a statutory statement of facts as mentioned in paragraph (b) above until two months have elapsed from the end of the period so stated without service of a summons or, in Scotland, complaint in respect of the offence on the person identified in that statement as the driver of the vehicle.

SCHEDULE 5

Requirement of warning etc: supplementary.

33A

• (1) Where a person commits an offence to which this subsection applies by—

• (a) driving, attempting to drive, or being in charge of a vehicle; or

• (b) failing to comply with a requirement made under section 7 of the Road Traffic Act 1988 (failure to provide specimen for analysis or laboratory test) in the course of an investigation into whether the offender had committed an offence while driving, attempting to drive or being in charge of a vehicle, or

• (c) failing, as the driver of a vehicle, to comply with subsections (2) and (3) of section 170 of the Road Traffic Act 1988 (duty to stop and give information or report accident),

the court may, on an application under this subsection, make an order forfeiting the vehicle concerned; and any vehicle forfeited under this subsection shall be disposed of as the court may direct.

• (2) Subsection (1) above applies—

• (a) to an offence under the Road Traffic Act 1988 which is punishable with imprisonment; and

• (b) to an offence of culpable homicide.

• (3) An application under subsection (1) above shall be at the instance of the prosecutor made when he moves for sentence (or, if the person has been remitted for sentence under section 195 of the Criminal Procedure (Scotland) Act 1995) made before sentence is pronounced.

• (4) Where—

• (a) the court is satisfied, on an application under this subsection by the prosecutor—

• (i) that proceedings have been, or are likely to be, instituted against a person in Scotland for an offence to which subsection (1) above applies allegedly committed in the manner specified in paragraph (a), (b) or (c) of that subsection; and

• (ii) that there is reasonable cause to believe that a vehicle specified in the application is to be found in a place or in premises so specified; and

• (b) it appears to the court that there are reasonable grounds for thinking that in the event of the person being convicted of the offence an order under subsection (1) above might be made in relation to the vehicle,

the court may grant a warrant authorising a person named therein to enter and search the place or premises and seize the vehicle.

• (5) Where the court has made an order under subsection (1) above for the forfeiture of a vehicle, the court or any justice may, if satisfied on evidence on oath—

• (a) that there is reasonable cause to believe that the vehicle is to be found in any place or premises; and

• (b) that admission to the place or premises has been refused or that a refusal of such admission is apprehended,

issue a warrant of search which may be executed according to law.

• (6) In relation to summary proceedings, the reference in subsection (5) above to a justice includes a reference to the sheriff and to a magistrate.

• (7) Part II of the Proceeds of Crime (Scotland) Act 1995 shall not apply in respect of a vehicle in relation to which this section applies.

• (8) This section extends to Scotland only.

34A

• (1) This section applies where—

• (a) a person is convicted of a relevant drink offence or a specified offence by or before a court, and

• (b) the court makes an order under section 34 of this Act disqualifying him for a period of not less than twelve months.

• (2) In this section “relevant drink offence” means—

• (a) an offence under paragraph (a) of subsection (1) of section 3A of the Road Traffic Act 1988 (causing death by careless driving when unfit to drive through drink) committed when unfit to drive through drink,

• (b) an offence under paragraph (b) of that subsection (causing death by careless driving with excess alcohol),

• (c) an offence under paragraph (c) of that subsection (failing to provide a specimen) where the specimen is required in connection with drink or consumption of alcohol,

• (d) an offence under section 4 of that Act (driving or being in charge when under influence of drink) committed by reason of unfitness through drink,

• (e) an offence under section 5(1) of that Act (driving or being in charge with excess alcohol),

• (f) an offence under section 7(6) of that Act (failing to provide a specimen) committed in the course of an investigation into an offence within any of the preceding paragraphs, or

• (g) an offence under section 7A(6) of that Act (failing to allow a specimen to be subjected to a laboratory test) in the course of an investigation into an offence within any of the preceding paragraphs.

• (3) In this section “specified offence” means—

• (a) an offence under section 3 of the Road Traffic Act 1988 (careless, and inconsiderate, driving),

• (b) an offence under section 36 of that Act (failing to comply with traffic signs),

• (c) an offence under section 17(4) of the Road Traffic Regulation Act 1984 (use of special road contrary to scheme or regulations), or

• (d) an offence under section 89(1) of that Act (exceeding speed limit).

• (4) But the Secretary of State may by regulations amend subsection (3) above by adding other offences or removing offences.

• (5) Where this section applies, the court may make an order that the period of disqualification imposed under section 34 of this Act (“the unreduced period”) shall be reduced if, by the relevant date, the offender satisfactorily completes an approved course specified in the order.

• (6) In subsection (5) above—

• “an approved course” means a course approved by the appropriate national authority for the purposes of this section in relation to the description of offence of which the offender is convicted, and

• “the relevant date” means such date, at least two months before the last day of the period of disqualification as reduced by the order, as is specified in the order.

• (7) The reduction made in a period of disqualification by an order under this section is a period specified in the order of—

• (a) not less than three months, and

• (b) not more than one quarter of the unreduced period,

(and, accordingly, where the unreduced period is twelve months, the reduced period is nine months).

• (8) A court shall not make an order under this section in the case of an offender convicted of a specified offence if—

• (a) the offender has, during the period of three years ending with the date on which the offence was committed, committed a specified offence and successfully completed an approved course pursuant to an order made under this section or section 30A of this Act on conviction of that offence, or

• (b) the specified offence was committed during his probationary period.

• (9) A court shall not make an order under this section in the case of an offender unless—

• (a) the court is satisfied that a place on the course specified in the order will be available for the offender,

• (b) the offender appears to the court to be of or over the age of 17,

• (c) the court has informed the offender (orally or in writing and in ordinary language) of the effect of the order and of the amount of the fees which he is required to pay for the course and when he must pay them, and

• (d) the offender has agreed that the order should be made.

34B

• (1) An offender shall be regarded for the purposes of section 34A of this Act as having completed a course satisfactorily if (and only if) a certificate that he has done so is received by the proper officer of the supervising court before the end of the unreduced period.

• (2) If a certificate under subsection (1) above is so received before the end of the unreduced period but after the end of the period which would (apart from this subsection) be the reduced period, the reduced period is to be taken to end with the day on which the certificate is so received.

• (3) A certificate under subsection (1) above is to be given by the course provider and shall be in such form, and contain such particulars, as may be prescribed by, or determined in accordance with, regulations made by the appropriate national authority.

• (4) A course provider must give a certificate under subsection (1) above to the offender not later than fourteen days after the date specified in the order as the latest date for the completion of the course unless the offender—

• (a) fails to make due payment of fees for the course,

• (b) fails to attend the course in accordance with the course provider's reasonable instructions, or

• (c) fails to comply with any other reasonable requirement of the course provider.

• (5) Where a course provider decides not to give a certificate under subsection (1) above to the offender, he shall give written notice of the decision to the offender as soon as possible, and in any event not later than fourteen days after the date specified in the order as the latest date for completion of the course.

• (6) An offender to whom a notice is given under subsection (5) above may, within such period as may be prescribed by rules of court, apply to the supervising court, or (if the supervising court is not the Crown Court, the High Court of Justiciary or the relevant local court) to either the supervising court or the relevant local court, for a declaration that the course provider's decision not to give a certificate under subsection (1) above was contrary to subsection (4) above.

• (7) If the court grants the application, section 34A of this Act shall have effect as if the certificate had been duly received by the proper officer of the supervising court.

• (8) If fourteen days after the date specified in the order as the latest date for completion of the course the course provider has given neither a certificate under subsection (1) above nor a notice under subsection (5) above, the offender may, within such period as may be prescribed by rules of court, apply to the supervising court, or (if the supervising court is not the Crown Court, the High Court of Justiciary or the relevant local court) to either the supervising court or the relevant local court, for a declaration that the course provider is in default.

• (9) If the court grants the application, section 34A of this Act shall have effect as if the certificate had been duly received by the proper officer of the supervising court.

• (10) A notice under subsection (5) above shall specify the ground on which it is given; and the appropriate national authority may by regulations make provision as to the form of notices under that subsection and as to the circumstances in which they are to be treated as given.

• (11) Where the proper officer of a court receives a certificate under subsection (1) above, or a court grants an application under subsection (6) or (8) above, the proper officer or court must send notice of that fact to the Secretary of State; and the notice must be sent in such manner and to such address, and must contain such particulars, as the Secretary of State may determine.

34C

• (1) The appropriate national authority may issue guidance to course providers, or to any category of course provider, as to the conduct of courses approved for the purposes of section 34A of this Act; and—

• (a) course providers shall have regard to any guidance given to them under this subsection, and

• (b) in determining for the purposes of section 34B of this Act whether any instructions or requirements of a course provider were reasonable, a court shall have regard to any guidance given to him under this subsection.

• (2) The Secretary of State may by regulations make provision—

• (a) amending section 34A(1)(b) of this Act by substituting for the period for the time being specified there a different period,

• (b) amending section 34A(7) of this Act by substituting for the period for the time being specified there a different period, or by substituting for the fraction of the unreduced period for the time being specified there a different fraction of that period, (or by doing both), or

• (c) amending section 34A(8)(a) of this Act by substituting for the period for the time being specified there a different period.

• (3) In sections 34A to 34BA of this Act and this section—

• “appropriate national authority” means (as respects Wales) the National Assembly for Wales and (otherwise) the Secretary of State;

• “course provider”, in relation to a course, means the person by whom it is, or is to be, provided;

• “probationary period” has the meaning given in section 1 of the Road Traffic (New Drivers) Act 1995;

• “proper officer” means—in relation to a magistrates' court in England and Wales, the designated officer for the court, andotherwise, the clerk of the court;

• “relevant local court”, in relation to an order under section 34A of this Act in the case of an offender, means—in England and Wales, a magistrates' court acting for the local justice area in which the offender resides, andin Scotland, the sheriff court for the district where the offender resides or, where the order is made by a stipendiary magistrate and the offender resides within his commission area, the district court for that area; and

• “supervising court”, in relation to an order under section 34A of this Act, means—in England and Wales, if the Crown Court made the order the Crown Court and otherwise a magistrates' court acting for the same local justice area as the court which made the order, andin Scotland, the court which made the order.

• (4) Any power to make regulations under section 34A, 34B or 34BA of this Act or this section includes power to make different provision for different cases, and to make such incidental or supplementary provision as appears necessary or appropriate.

• (5) Any power to make regulations under section 34A, 34B or 34BA of this Act or this section shall be exercisable by statutory instrument.

• (6) No regulations shall be made under section 34A of this Act or this section unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.

• (7) A statutory instrument containing regulations made under section 34B or 34BA of this Act by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

41A

• (1) Where a person makes an application to a court under section 34B of this Act, the court may suspend the disqualification to which the application relates pending the determination of the application.

• (2) Where a court exercises its power under subsection (1) above it must send notice of the suspension to the Secretary of State.

• (3) The notice must be sent in such manner and to such address, and must contain such particulars, as the Secretary of State may determine.

91A

• (1) The references in sections 7, 26(7) and (8) ... , 27 and 37A of this Act to a licence includes references to a Community licence; and accordingly the reference in section 27(3)(b) of this Act to the suspension of a licence is to be construed in relation to a Community licence as a reference to the Community licence holder ceasing to be authorised by virtue of section 99(A)(1) of the Road Traffic Act 1988 to drive in Great Britain a motor vehicle of any class.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Where a court orders the holder of a Community licence to be disqualified, it must send the Community licence ..., on its being produced to the court, to the Secretary of State.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) Where—

• (a) a notice is sent to the Secretary of State under section 44A above for the endorsement of a person's driving record with any particulars or penalty points, and

• (b) the particulars contained in the notice include—

• (i) particulars of an offence in respect of which the holder of a Community licence, or a person normally resident in an EEA state who does not hold a licence, is disqualified by an order of a court, and

• (ii) particulars of the disqualification,

the Secretary of State must send a notice containing the particulars mentioned in paragraph (b)(i) and (ii) to the licensing authority in the EEA state in respect of which the Community licence was issued or, where the person disqualified is not the holder of a licence, the licensing authority in the EEA state where the person is normally resident.

• (7A) Where a Community licence has been sent to the Secretary of State in pursuance of subsection (5) above, he must return the Community licence to the holder—

• (a) on the expiry of the period of disqualification, or

• (b) if earlier, on being satisfied that the holder has left Great Britain and is not normally resident there.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

91B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1A

Section 1 also applies to—

• (a) an offence under section 16 of the Road Traffic Regulation Act 1984 consisting in the contravention of a restriction on the speed of vehicles imposed under section 14 of that Act,

• (b) an offence under subsection (4) of section 17 of that Act consisting in the contravention of a restriction on the speed of vehicles imposed under that section, and

• (c) an offence under section 88(7) or 89(1) of that Act (speeding offences).

Editorial notes