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Road Traffic Offenders Act 1988

75 versions · 1988-11-15

2026-01-22

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2025-02-24

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2024-05-30

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2023-02-07

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2022-11-30

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2022-06-28

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2022-04-28

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2021-10-31

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2020-12-31

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2020-12-01

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2019-11-01

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2019-10-31

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2019-04-12

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2019-03-28

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2019-03-26

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2019-01-01

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2018-07-19

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2018-01-31

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2017-04-05

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2017-03-01

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2017-01-31

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2016-03-02

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2016-01-04

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2015-09-22

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2015-06-08

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2015-05-26

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2015-04-07

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2015-03-26

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Changes on 2015-03-26

@@ -2799,7 +2799,7 @@

## SCHEDULE 5

#### Requirement of warning etc: supplementary.

#### Requirement of warning etc. of prosecutions for certain offences.

##### 33A

@@ -4741,664 +4741,676 @@

[^key-957eaf3bbd1b4a8f6ac5a4305c259666]: Words in [s. 53(1)(b)](https://www.legislation.gov.uk/ukpga/1988/53/section/53/1/b) inserted (E.W.) (12.3.2015) by [The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664)](https://www.legislation.gov.uk/uksi/2015/664), [reg. 1(1)](https://www.legislation.gov.uk/uksi/2015/664/regulation/1/1), [Sch. 5 para. 5](https://www.legislation.gov.uk/uksi/2015/664/schedule/5/paragraph/5) (with [reg. 5(1)](https://www.legislation.gov.uk/uksi/2015/664/regulation/5/1))

[^key-80a362c7308fdd77e00254947065b705]: Sch. 2 Pt. I modified (temp.) (26.3.2015 for specified purposes, 8.6.2015 in so far as not already in force) by [Deregulation Act 2015 (c. 20)](https://www.legislation.gov.uk/ukpga/2015/20), [s. 115(2)(e)](https://www.legislation.gov.uk/ukpga/2015/20/section/115/2/e), [Sch. 2 para. 32](https://www.legislation.gov.uk/ukpga/2015/20/schedule/2/paragraph/32); [S.I. 2015/994](https://www.legislation.gov.uk/uksi/2015/994), [art. 7(a)](https://www.legislation.gov.uk/uksi/2015/994/article/7/a) (with [Sch. Pt. 3](https://www.legislation.gov.uk/uksi/2015/994/schedule/part/3))

[^key-b97911fd7fdc1e127931883cd105849a]: Word in Sch. 2 Pt. I substituted (26.3.2015 for specified purposes) by [Deregulation Act 2015 (c. 20)](https://www.legislation.gov.uk/ukpga/2015/20), [s. 115(2)(e)](https://www.legislation.gov.uk/ukpga/2015/20/section/115/2/e), [Sch. 2 para. 31(2)(a)](https://www.legislation.gov.uk/ukpga/2015/20/schedule/2/paragraph/31/2/a)

[^key-897e8e4219558d92c61919f5e703db92]: Words in Sch. 2 Pt. I substituted (26.3.2015 for specified purposes) by [Deregulation Act 2015 (c. 20)](https://www.legislation.gov.uk/ukpga/2015/20), [s. 115(2)(e)](https://www.legislation.gov.uk/ukpga/2015/20/section/115/2/e), [Sch. 2 para. 31(2)(b)](https://www.legislation.gov.uk/ukpga/2015/20/schedule/2/paragraph/31/2/b)

[^key-4472c453298ccd8c0461eef655056883]: Words in Sch. 2 Pt. I omitted (26.3.2015 for specified purposes) by virtue of [Deregulation Act 2015 (c. 20)](https://www.legislation.gov.uk/ukpga/2015/20), [s. 115(2)(e)](https://www.legislation.gov.uk/ukpga/2015/20/section/115/2/e), [Sch. 2 para. 31(2)(c)](https://www.legislation.gov.uk/ukpga/2015/20/schedule/2/paragraph/31/2/c)

[^key-c28787ed4c46637735c3eb65bbc2e5a6]: Word in Sch. 2 Pt. I omitted (26.3.2015 for specified purposes) by virtue of [Deregulation Act 2015 (c. 20)](https://www.legislation.gov.uk/ukpga/2015/20), [s. 115(2)(e)](https://www.legislation.gov.uk/ukpga/2015/20/section/115/2/e), [Sch. 2 para. 31(3)](https://www.legislation.gov.uk/ukpga/2015/20/schedule/2/paragraph/31/3)

[^key-d3974ffb1cf22997215fcaafffbbca3d]: Words in Sch. 2 Pt. I substituted (26.3.2015 for specified purposes) by [Deregulation Act 2015 (c. 20)](https://www.legislation.gov.uk/ukpga/2015/20), [s. 115(2)(e)](https://www.legislation.gov.uk/ukpga/2015/20/section/115/2/e), [Sch. 2 para. 31(4)](https://www.legislation.gov.uk/ukpga/2015/20/schedule/2/paragraph/31/4)

[^M_F_bf7ae7af-f595-44a3-9647-7c28b06be0f2]: S. 24(A1)(A2) inserted (24.9.2007) by [Road Safety Act 2006 (c. 49)](https://www.legislation.gov.uk/ukpga/2006/49), [ss. 33](https://www.legislation.gov.uk/ukpga/2006/49/section/33), [61(1)(10)](https://www.legislation.gov.uk/ukpga/2006/49/section/61/1/10); [S.I. 2007/2472](https://www.legislation.gov.uk/uksi/2007/2472), [art. 2(k)](https://www.legislation.gov.uk/uksi/2007/2472/article/2/k)

#### Notification of disability.

#### Penalty points to be attributed to an offence.

#### Mode of trial.

#### Index to Part III.

#### Effect of fixed penalty notice given under section 54.

#### Admissibility of records as evidence.

#### Index to Part III.

#### Use of records kept by operators of goods vehicles.

#### Proceedings in which evidence of one witness sufficient in Scotland.

#### Information as to date of birth and sex.

#### Effect of offer and payment of penalty.

#### Index to Part III.

#### Licence receipts.

#### Endorsement where penalty paid.

#### Penalty for breach of regulations.

##### 91ZA

- (1) The references to a licence in the following provisions of this Act include references to a Northern Ireland licence—

- (a) section 7,

- (b) section 26(7) and (8) and (9)(b),

- (c) section 27,

- (d) section 29(1),

- (e) section 30,

- (f) section 31(1),

- (g) section 32,

- (h) section 42(5),

- (i) section 44(1) and (3A),

- (j) section 46(2),

- (k) section 47(2) , (3) and (3A),

- (l) section 48(1) and (2).

- (2) 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 Northern Ireland licence holder as a reference to his ceasing to be authorised by virtue of section 109(1) of the Road Traffic Act 1988 to drive in Great Britain a motor vehicle of any class.

- (3) The references in sections 26(9)(a) and 27(3) of this Act to a new licence include references to a counterpart of a Northern Ireland licence.

- (4) In relation to a Northern Ireland licence holder to whom a counterpart is issued under section 109A of the Road Traffic Act 1988, the references in Part 3 of this Act (except sections 75(12), 76(8) and 77(9)) to a licence include references to a Northern Ireland licence.

- (5) Where a court orders the endorsement of the counterpart of any Northern Ireland licence held by a person, it must send notice of the endorsement to the Secretary of State.

- (6) The notice must—

- (a) be sent in such manner and to such address, and

- (b) contain such particulars,

as the Secretary of State may determine.

- (7) Where a court orders the holder of a Northern Ireland licence to be disqualified, it must send the Northern Ireland licence and its counterpart (if any), on their being produced to the court, to the Secretary of State.

- (8) The licence and its counterpart must be sent to such address as the Secretary of State may determine.

- (9) Where—

- (a) a notice is sent to the Secretary of State under subsection (5) above, and

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

- (i) particulars of an offence in respect of which the holder of a Northern Ireland 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 Northern Ireland.

##### 91ZB

Section 91B applies in relation to Northern Ireland licences as it applies in relation to Community licences.

#### Notification of disability.

#### Duty to include date of birth and sex in written plea of guilty.

#### Production of licence.

#### Provisions as to proceedings for certain offences in connection with the construction and use of vehicles and equipment.

#### Penalty points to be attributed to an offence.

#### Effect of offer and payment of penalty.

#### Index to Part III.

#### Certificates of completion of courses.

#### Information as to date of birth and sex.

#### Production of licence.

#### Notification of disability.

#### Interim disqualification.

#### Reduced disqualification period for attendance on courses.

#### Certificates of completion of courses.

#### Index to Part III.

#### Effect of fixed penalty notice given under section 54.

#### Admissibility of records as evidence.

#### Effect of offer and payment of penalty.

#### Short title, commencement and extent.

#### Disqualification until test is passed.

#### Penalty for breach of regulations.

#### Effect of offer and payment of penalty.

#### Production of licence.

#### Index to Part III.

#### Use of records kept by operators of goods vehicles.

#### Proceedings in which evidence of one witness sufficient in Scotland.

#### Information as to date of birth and sex.

#### Short title, commencement and extent.

#### Use of specimens in proceedings for an offence under any of sections 3A to 5A of the Road Traffic Act.

#### Disqualification for repeated offences.

#### Penalty points to be attributed to an offence.

#### Short title, commencement and extent.

#### Penalty points to be attributed to an offence.

#### Penalty points to be taken into account on conviction.

#### Reduced disqualification period for attendance on courses.

#### Provisions supplementary to sections 34A and 34B.

#### Effect of order of disqualification.

#### Disqualification until test is passed.

#### Appeal against disqualification.

#### Supplementary provisions as to disqualifications and endorsements.

#### Powers of district court in Scotland.

#### Notices on-the-spot or at a police station.

#### Licence receipts.

#### Application to Northern Ireland licence holders

#### Penalty for breach of regulations.

## Part 3A — Financial penalty deposits

##### 90A

- (1) A constable or vehicle examiner may impose a financial penalty deposit requirement on a person on any occasion if the conditions in this section are satisfied.

- (2) The constable or vehicle examiner must have reason to believe—

- (a) that the person is committing or has on that occasion committed an offence relating to a motor vehicle, and

- (b) that the person, the offence and the circumstances in which the offence is committed are of a description specified in an order made by the Secretary of State.

- (3) The person must be—

- (a) given written notification that it appears likely that proceedings will be brought against him in respect of the offence, or

- (b) (if the offence is a fixed penalty offence) either given such notification or given a fixed penalty notice (or, in Scotland, handed a conditional offer) in respect of the offence.

- (4) The person must fail to provide a satisfactory address; and for this purpose “a satisfactory address” is an address in the United Kingdom at which the constable or vehicle examiner considers it likely that it would be possible to find the person whenever necessary to do so in connection with the proceedings, fixed penalty notice or conditional offer.

- (5) The person who is to impose the financial penalty deposit requirement—

- (a) if a constable, must be in uniform, and

- (b) if a vehicle examiner, must produce his authority.

##### 90B

- (1) For the purposes of this Part of this Act a financial penalty deposit requirement is a requirement to make a payment of the appropriate amount to the Secretary of State—

- (a) in a manner specified in an order made by him, and

- (b) either immediately or within the relevant period.

- (2) In this Part of this Act “*the appropriate amount*”, in relation to an offence and a person, is an amount specified in relation to the offence in an order made by the Secretary of State; and different amounts may be so specified—

- (a) by reference to whether the person is given notification that it appears likely that proceedings will be brought against him or given a fixed penalty notice (or handed a conditional offer), and

- (b) otherwise by reference to the circumstances of the offence.

- (3) In this Part of this Act “*the relevant period*” means—

- (a) if the person was given a fixed penalty notice and proceedings are not brought in respect of the offence by virtue of this Act before the end of the suspended enforcement period, the suspended enforcement period,

- (b) if he was handed a conditional offer and proceedings are not brought in respect of the offence by virtue of this Act before the end of the period of 28 days following the date on which the conditional offer was given or any longer period specified in the conditional offer, that period, and

- (c) otherwise, the period ending with the person being charged with the offence.

##### 90C

- (1) This section applies where a person on whom a financial penalty deposit requirement is imposed in respect of an offence makes a payment of the appropriate amount in accordance with section 90B(1) of this Act (and any order made under it).

- (2) On payment by the person of the appropriate amount the person by whom the payment is received must issue him with a written receipt for the payment specifying the effect of the following provisions of this section.

- (3) If the person was handed a conditional offer—

- (a) the person is entitled to give notice requesting a hearing in respect of the offence, and

- (b) the written receipt must specify the manner in which such notice is to be given.

- (4) In a case where—

- (a) a fixed penalty notice relating to the offence has been given to the person or a conditional offer so relating has been handed to him,

- (b) the person does not give notice requesting a hearing in respect of the offence before the end of the relevant period in the appropriate manner, and

- (c) proceedings are not brought in respect of the offence by virtue of this Act,

subsection (6) below applies.

- (5) In subsection (4)(b) above “*the appropriate manner*” means—

- (a) if the person was given a fixed penalty notice, the manner specified in the fixed penalty notice, and

- (b) if he was handed a conditional offer, the manner specified in the written receipt under subsection (2) above.

- (6) Where this subsection applies, the Secretary of State must—

- (a) apply so much of the payment as does not exceed the amount of the fixed penalty in or towards payment of the fixed penalty, and

- (b) take the appropriate steps to make any appropriate refund to the person.

- (7) In any other case—

- (a) if the person is informed that he is not to be prosecuted for the offence, is acquitted of the offence or is convicted but not fined in respect of it, or the prosecution period comes to an end without a prosecution having been commenced against him in respect of it, subsection (9) below applies, and

- (b) if a fine is imposed on the person in respect of the offence (otherwise than as a result of a conviction obtained on a prosecution commenced after the end of the prosecution period), subsection (10) below applies.

- (8) In this Part of this Act “*the prosecution period*” means the period of twelve months beginning with the imposition of the financial penalty deposit requirement or, if shorter, any period after which no prosecution may be commenced in respect of the offence.

- (9) Where this subsection applies, the Secretary of State must take the appropriate steps to make the appropriate refund to the person.

- (10) Where this subsection applies, the Secretary of State must—

- (a) apply so much of the payment as does not exceed the amount of the fine in or towards payment of the fine, and

- (b) take the appropriate steps to make any appropriate refund to the person.

- (11) Where the Secretary of State is required by this section to take the appropriate steps to make an appropriate refund, he must take such steps to trace the person and to make the refund to him, by such means, as are specified in an order made by the Secretary of State.

- (12) In this Part of this Act “the appropriate refund”, in any case, is a refund of—

- (a) where subsection (6) above applies, so much of the payment as exceeds the amount of the fixed penalty,

- (b) where subsection (9) above applies, the amount of the payment, and

- (c) where subsection (10) above applies, so much of the amount of the payment as exceeds the amount of the fine,

together with interest calculated in accordance with provision made by order made by the Treasury.

##### 90D

- (1) This section applies where a person on whom a financial penalty deposit requirement is imposed does not make an immediate payment of the appropriate amount in accordance with section 90B(1) of this Act (and any order made under it).

- (2) The constable or vehicle examiner by whom the requirement was imposed may prohibit the driving on a road of any vehicle of which the person was in charge at the time of the offence by giving to the person notice in writing of the prohibition.

- (3) The prohibition—

- (a) shall come into force as soon as the notice is given, and

- (b) shall continue in force until the happening of whichever of the events in subsection (4) below occurs first.

- (4) Those events are—

- (a) the person making a payment of the appropriate amount in accordance with section 90B(1) of this Act (and any order made under it) at any time during the relevant period,

- (b) (where a fixed penalty notice was given, or a conditional offer handed, to the person in respect of the offence) payment of the fixed penalty,

- (c) the person being convicted or acquitted of the offence,

- (d) the person being informed that he is not to be prosecuted for the offence, and

- (e) the coming to an end of the prosecution period.

- (5) A constable or vehicle examiner may by direction in writing require the person to remove the vehicle to which the prohibition relates (and, if it is a motor vehicle drawing a trailer, also to remove the trailer) to such place and subject to such conditions as are specified in the direction; and the prohibition does not apply to the removal of the vehicle (or trailer) in accordance with the direction.

- (6) A person who—

- (a) drives a vehicle in contravention of a prohibition under this section,

- (b) causes or permits a vehicle to be driven in contravention of such a prohibition, or

- (c) fails to comply within a reasonable time with a direction under subsection (5) above,

is guilty of an offence.

- (7) The Secretary of State may by order provide for exceptions from subsection (6) above.

- (8) Schedule 4 to the Road Safety Act 2006 makes provision about the immobilisation of vehicles the driving of which has been prohibited under this section and about their removal and disposal.

##### 90E

- (1) Any power conferred by section 90A, 90B, 90C or 90D of this Act on the Secretary of State or the Treasury to make an order shall be exercisable by statutory instrument.

- (2) Before making an order under any of those sections the Secretary of State or the Treasury must consult with such representative organisations as appear appropriate.

- (3) An order under any of those sections may make different provision for different cases.

- (4) No order shall be made under section 90B(2) of this Act unless a draft of the instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

- (5) A statutory instrument containing an order under section 90A, 90B(1), 90C or 90D of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

##### 90F

In sections 90A to 90D of this Act—

- “*the appropriate amount*” has the meaning given by section 90B(2) of this Act,

- “*the appropriate refund*” has the meaning given by section 90C(12) of this Act,

- “*conditional offer*” means a notice under section 75(3)(a) or (3B)(a) of this Act,

- “*financial penalty deposit requirement*” has the meaning given by section 90B(1) of this Act,

- “*fixed penalty notice*” has the meaning given by section 52 of this Act,

- “*fixed penalty offence*” is to be construed in accordance with section 51 of this Act,

- “*the prosecution period*” has the meaning given by section 90C(8) of this Act,

- “*the relevant period*” has the meaning given by section 90B(3) of this Act,

- “*suspended enforcement period*” is to be construed in accordance with section 52(3)(a) of this Act, and

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

#### Application to Crown.

#### Short title, commencement and extent.

#### Penalty for breach of regulations.

#### Short title, commencement and extent.

#### Certificates of completion of courses.

#### Disqualification for repeated offences.

#### Effect of order of disqualification.

#### Combination of disqualification and endorsement with probation orders and orders for discharge.

#### Effect of offer and payment of penalty.

#### Notices on-the-spot or at a police station.

#### Endorsement of driving records where penalty paid

#### Power to impose financial penalty deposit requirement

#### Index to Part III.

#### Licence receipts.

#### In Scotland, court may take extract from licensing records into account.

#### Reduced disqualification period for attendance on courses.

#### Certificates of completion of courses.

#### Disqualification for repeated offences.

#### Effect of fixed penalty notice given under section 54.

#### Offender escaping consequences of endorseable offence by deception.

#### False statements in response to notices to owner.

#### Effect of offer and payment of penalty.

#### Endorsement where penalty paid.

#### Penalty for breach of regulations.

##### 91ZA

- (1) The references to a licence in the following provisions of this Act include references to a Northern Ireland licence—

- (a) section 7,

- (b) section 26(7) and (8) and (9)(b),

- (c) section 27,

- (d) section 29(1),

- (e) section 30,

- (f) section 31(1),

- (g) section 32,

- (h) section 42(5),

- (i) section 44(1) and (3A),

- (j) section 46(2),

- (k) section 47(2) , (3) and (3A),

- (l) section 48(1) and (2).

- (3) The references in sections 26(9)(a) and 27(3) of this Act to a new licence include references to a counterpart of a Northern Ireland licence.

- (5) Where a court orders the endorsement of the counterpart of any Northern Ireland licence held by a person, it must send notice of the endorsement to the Secretary of State.

- (6) The notice must—

- (a) be sent in such manner and to such address, and

- (b) contain such particulars,

as the Secretary of State may determine.

- (8) The licence and its counterpart must be sent to such address as the Secretary of State may determine.

- (9) Where—

- (a) a notice is sent to the Secretary of State under subsection (5) above, and

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

- (i) particulars of an offence in respect of which the holder of a Northern Ireland 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 Northern Ireland.

##### 91ZB

Section 91B applies in relation to Northern Ireland licences as it applies in relation to Community licences.

#### Proceedings in which evidence of one witness sufficient in Scotland.

#### Duty to include date of birth and sex in written plea of guilty.

#### Production of licence.

#### Index to Part III.

#### Application to Crown.

#### Effect of endorsement on Community licence holders.

#### Short title, commencement and extent.

##### 44A

- (1) Where the court orders the endorsement of a person's driving record with any particulars or penalty points it must send notice of the order to the Secretary of State.

- (2) On receiving the notice, the Secretary of State must endorse those particulars or penalty points on the person's driving record.

- (3) A notice sent by the court to the Secretary of State in pursuance of this section must be sent in such manner and to such address and contain such particulars as the Secretary of State may require.

##### 45A

- (1) An order that any particulars or penalty points are to be endorsed on a person's driving record shall operate as an order that his driving record is to be so endorsed until the end of the period for which the endorsement remains effective.

- (2) At the end of the period for which the endorsement remains effective the Secretary of State must remove the endorsement from the person's driving record.

- (3) On the issue of a new licence to a person, any particulars ordered to be endorsed on his driving record shall be entered on the counterpart of the licence unless he has become entitled under subsection (4) below to have a licence issued to him with its counterpart free from those particulars or penalty points.

- (4) A person the counterpart of whose licence has been endorsed under subsection (3) above is entitled to have issued to him with effect from the end of the period for which the endorsement remains effective a new licence with a counterpart free from the endorsement if he applies for a new licence in pursuance of section 97(1) of the Road Traffic Act 1988, surrenders any subsisting licence and its counterpart, pays the fee prescribed by regulations under Part 3 of that Act and satisfies the other requirements of section 97(1).

- (5) The period for which an endorsement remains effective is determined in accordance with section 45(5) to (7) of this Act.

##### 57A

- (1) Subject to subsection (2) below, where a person who is not the holder of a licence has been given a fixed penalty notice under section 54 of this Act in respect of an offence involving obligatory endorsement, his driving record may be endorsed in accordance with this section without any order of a court.

- (2) A person's driving record may not be endorsed under this section if at the end of the suspended enforcement period—

- (a) he has given notice, in the manner specified in the fixed penalty notice, requesting a hearing in respect of the offence to which the fixed penalty notice relates, and

- (b) the fixed penalty has not been paid in accordance with this Part of this Act.

- (3) If payment of the fixed penalty is made before the end of the suspended enforcement period and the person to whom the payment is made is the fixed penalty clerk, the fixed penalty clerk must send to the Secretary of State notice of the relevant particulars which are to be endorsed on the person's driving record.

- (4) Where any sum determined by reference to the fixed penalty is registered under section 71 of this Act for enforcement against the person as a fine in a case where the fixed penalty is required to be paid to the fixed penalty clerk, the fixed penalty clerk must send to the Secretary of State notice of the relevant particulars which are to be endorsed on the person's driving record—

- (a) if he is himself the person who registers the sum, on the registration of that sum, and

- (b) in any other case, on being notified of the registration by the person who registers that sum.

- (5) The Secretary of State must endorse the relevant particulars on the person's driving record if—

- (a) he receives notice of them under subsection (3) or (4) above,

- (b) the fixed penalty is paid to him before the end of the suspended enforcement period, or

- (c) in a case where the fixed penalty is required to be paid to the Secretary of State, any sum determined by reference to the fixed penalty is registered under section 71 of this Act for enforcement against the person as a fine.

- (6) References in this section to the relevant particulars are to—

- (a) particulars of the offence, including the date when it was committed, and

- (b) the number of penalty points to be attributed to the offence.

##### 58A

- (1) Where a person's driving record is endorsed under section 57A of this Act he shall be treated for the purposes of sections 13(4), 28, 29 and 45A of this Act and of the Rehabilitation of Offenders Act 1974 as if—

- (a) he had been convicted of the offence,

- (b) the endorsement had been made in pursuance of an order made on his conviction by a court under section 44 of this Act, and

- (c) the particulars of the offence endorsed by virtue of section 57A(6)(a) of this Act were particulars of his conviction of that offence.

- (2) In relation to any endorsement of a person's driving record under section 57A of this Act, the references in section 13(4) of this Act to any order made on a person's conviction are to be read as references to the endorsement itself.

##### 61A

- (1) This section applies where, on accessing information held on the driving record of a person to whom a fixed penalty notice was given under section 54 of this Act, but who is not the holder of a licence, it appears to the fixed penalty clerk or the Secretary of State that the person would be liable to be disqualified under section 35 of this Act if he were convicted of the offence in respect of which the fixed penalty notice was given.

- (2) The person's driving record must not be endorsed under section 57A of this Act.

- (3) In a case where the fixed penalty is required to be paid to the fixed penalty clerk he must not send notice to the Secretary of State under section 57A of this Act but instead must notify the chief officer of police 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 in respect of which the fixed penalty notice was given.

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

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

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

- (a) the registration under section 71 of this Act of any sum, determined by reference to the fixed penalty for that offence, for enforcement against the person to whom the fixed penalty notice was given, and

- (b) any proceedings for enforcing payment of any such sum within the meaning of sections 73 and 74 of this Act (defined in section 74(5))).

- (7) In determining for the purposes of subsection (1) 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 1 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.

#### Power to impose financial penalty deposit requirement

##### 77A

- (1) Where—

- (a) in pursuance of a conditional offer issued under subsection (1), (2) or (3) of section 75 of this Act a person who is not the holder of a licence (referred to in this section as the “alleged offender”) makes payment of the fixed penalty to the fixed penalty clerk, and

- (b) proceedings against the alleged offender for the offence to which the conditional offer relates are excluded by section 76 of this Act,

the fixed penalty clerk must forthwith send to the Secretary of State notice of the relevant particulars to be endorsed on the alleged offender's driving record.

- (2) The Secretary of State must endorse the relevant particulars on a person's driving record—

- (a) on receiving notice under subsection (1) above, or

- (b) if, in pursuance of a conditional offer issued under subsection (1A) or (3B) of section 75 of this Act, a person who is not the holder of a licence (also referred to in this section as the “alleged offender”) makes payment of the fixed penalty to him and proceedings against the alleged offender are excluded by section 76 of this Act.

- (3) Where in Scotland the appropriate person is the fixed penalty clerk and it appears to him that there is an error in an endorsement made by virtue of this section on a person's driving record, he may send to the Secretary of State notice of the error.

- (4) Subject to subsection (5) below, where a cheque tendered in payment is subsequently dishonoured—

- (a) any endorsement made by the Secretary of State under subsection (2) above remains effective notwithstanding that the alleged offender is still liable to prosecution in respect of the alleged offence to which the endorsement relates, and

- (b) unless the appropriate person is the Secretary of State, the appropriate person must upon expiry of the period specified in the conditional offer or, if the period has expired, forthwith notify the person required to be notified that no payment has been made.

- (5) When proceedings are brought against an alleged offender where subsection (4) above applies, the court—

- (a) must order the removal of the fixed penalty endorsement from the driving record of the alleged offender,

- (b) may, on finding the alleged offender guilty, make any competent order of endorsement or disqualification and pass any competent sentence, and

- (c) must send to the Secretary of State notice of any order made under paragraph (a) or (b) above.

- (6) On receiving notice under subsection (3) above, the Secretary of State may correct the error in the endorsement on the driving record; and any endorsement corrected shall be treated for all purposes as if it had been correctly made on receipt of the fixed penalty.

- (7) On receiving a notice under subsection (5)(c) above, the Secretary of State must make any necessary adjustments to the endorsements on the alleged offender's driving record.

- (8) The references in subsection (1) and (2) above to the relevant particulars are to—

- (a) particulars of the offence, including the date when it was committed, and

- (b) the number of penalty points to be attributed to the offence.

- (9) Where a person's driving record is endorsed under this section he shall be treated for the purposes of sections 13(4), 28, 29 and 45A of this Act and of the Rehabilitation of Offenders Act 1974 as if—

- (a) he had been convicted of the offence,

- (b) the endorsement had been made in pursuance of an order made on his conviction by a court under section 44 of this Act, and

- (c) the particulars of the offence endorsed by virtue of subsection (8)(a) above were particulars of his conviction of that offence.

- (10) In relation to any endorsement of a person's driving record under this section, the references in section 13(4) of this Act to any order made on a person's conviction are to be read as references to the endorsement itself.

##### 84A

Any notice sent to the Secretary of State under this Part must be sent in such manner and to such address and contain such particulars as the Secretary of State may determine.

#### Power to impose financial penalty deposit requirement

#### Application to Northern Ireland licence holders

#### Application to Crown.

##### 97A

- (1) In this Act “*driving record*”, in relation to a person, means a record in relation to the person maintained by the Secretary of State and designed to be endorsed with particulars relating to offences committed by the person under the Traffic Acts.

- (2) The Secretary of State may make arrangements for the following persons to have access, by such means as the Secretary of State may determine, to information held on a person's driving record—

- (a) courts,

- (b) constables,

- (c) fixed penalty clerks,

- (d) the person in respect of whom the record is maintained and persons authorised by him, and

- (e) other persons prescribed in regulations made by the Secretary of State.

- (3) The power to make regulations under subsection (2)(e) above shall be exercisable by statutory instrument.

- (4) No regulations shall be made under subsection (2)(e) above unless a draft of the instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

#### Short title, commencement and extent.

#### Approval of courses

##### 34BA

- (1) If an application is made to the appropriate national authority for the approval of a course for the purposes of section 34A of this Act, the appropriate national authority must decide whether to grant or refuse the application.

- (2) In reaching that decision the appropriate national authority must have regard to—

- (a) the nature of the course, and

- (b) whether the course provider is an appropriate person to provide the course and administer its provision efficiently and effectively,

and may take into account any recommendations made by any persons appointed to consider the application.

- (3) A course may be approved subject to conditions specified by the appropriate national authority.

- (4) An approval of a course is for the period specified by the appropriate national authority (which must not exceed seven years), subject to withdrawal of approval.

- (5) Regulations made by the appropriate national authority may make provision in relation to the approval of courses and may, in particular, include provision—

- (a) in relation to the making of applications for approval,

- (b) for the payment in respect of applications for approval, or of approvals, (or of both) of fees of such amounts as are prescribed by the regulations,

- (c) specifying the maximum fees that a person may be required to pay for a course and by when they are to be paid,

- (d) for the monitoring of courses and course providers,

- (e) in relation to withdrawing approval,

- (f) for an appeal to lie to the First-tier Tribunal against a refusal of an application for approval, the imposition of conditions on the grant of such an application or the withdrawal of approval, and

- (g) authorising the appropriate national authority to make available (with or without charge) information about courses and course providers.

#### Appeal against disqualification.

#### Combination of disqualification and endorsement with probation orders and orders for discharge.

#### Powers of district court in Scotland.

#### “Owner”, “statutory statement” and “official form”.

#### Effect of offer and payment of penalty.

#### Application to Northern Ireland licence holders

#### Application to Crown.

#### Short title, commencement and extent.

#### Provisions as to proceedings for certain offences in connection with the construction and use of vehicles and equipment.

#### Penalty points to be attributed to an offence.

#### Effect of offer and payment of penalty.

#### Index to Part III.

#### Certificates of completion of courses.

#### Information as to date of birth and sex.

#### Production of licence.

#### Notification of disability.

#### Interim disqualification.

#### Reduced disqualification period for attendance on courses.

#### Certificates of completion of courses.

#### Index to Part III.

#### Effect of fixed penalty notice given under section 54.

#### Effect of offer and payment of penalty.

#### Penalty points: modification where fixed penalty also in question.