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Road Traffic Offenders Act 1988 (c. 53)(The document as of February, 2008) Page 3 Pages: P.1 | P.2 | P.3 | P.4 | P.5 (a) the period during which, by virtue of section 78(1) of this Act, proceedings cannot be brought against any person for the offence to which the notice relates, being the period of twenty-one days following the date of the notice or such longer period (if any) as may be specified in the notice (referred to in this Part of this Act as the "suspended enforcement period"), (b) the amount of the fixed penalty, and (c) the justices' clerk or, in Scotland, the clerk of court to whom and the address at which the fixed penalty may be paid. (4) A fixed penalty notice given under section 54(2) of this Act in respect of an offence committed in Scotland must be in the prescribed form. 53 Amount of fixed penalty(1) The fixed penalty for an offence is-- (a) the amount mentioned in subsection (2) below, or (b) one-half of the maximum amount of the fine to which a person committing that offence would be liable on summary conviction, whichever is the less. (2) The amount referred to in subsection (1)(a) above is-- (a) £24 in the case of any offence involving obligatory endorsement, and (b) £12 in any other case. (3) The Secretary of State may by order substitute a different amount or amounts for either or both of the amounts for the time being specified in subsection (2) above. Giving notices to suspected offenders54 Notices on-the-spot or at a police station(1) This section applies where on any occasion a constable in uniform has reason to believe that a person he finds is committing or has on that occasion committed a fixed penalty offence. (2) Subject to subsection (3) below, the constable may give him a fixed penalty notice in respect of the offence. (3) Where the offence appears to the constable to involve obligatory endorsement, the constable may only give him a fixed penalty notice under subsection (2) above in respect of the offence if-- (a) he produces his licence for inspection by the constable, (b) the constable is satisfied, on inspecting the licence, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of that offence, and (c) he surrenders his licence to the constable to be retained and dealt with in accordance with this Part of this Act. (4) Where-- (a) the offence appears to the constable to involve obligatory endorsement, and (b) the person concerned does not produce his licence for inspection by the constable, the constable may give him a notice stating that if, within seven days after the notice is given, he produces the notice together with his licence in person to a constable or authorised person at the police station specified in the notice (being a police station chosen by the person concerned) and the requirements of subsection (5)(a) and (b) below are met he will then be given a fixed penalty notice in respect of the offence. (5) If a person to whom a notice has been given under subsection (4) above produces the notice together with his licence in person to a constable or authorised person at the police station specified in the notice within seven days after the notice was so given to him and the following requirements are met, that is-- (a) the constable or authorised person is satisfied, on inspecting the licence, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of the offence, and (b) he surrenders his licence to the constable or authorised person to be retained and dealt with in accordance with this Part of this Act, the constable or authorised person must give him a fixed penalty notice in respect of the offence to which the notice under subsection (4) above relates. (6) A notice under subsection (4) above shall 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. (7) A licence surrendered in accordance with this section must be sent to the fixed penalty clerk. (8) Subsection (4) above does not apply in respect of offences committed in Scotland and a notice under that subsection may not specify a police station in Scotland. (9) In this Part of this Act "authorised person", in relation to a fixed penalty notice given at a police station, means a person authorised for the purposes of this section by or on behalf of the chief officer of police for the area in which the police station is situated. 55 Effect of fixed penalty notice given under section 54(1) This section applies where a fixed penalty notice relating to an offence has been given to any person under section 54 of this Act, and references in this section to the recipient are to the person to whom the notice was given. (2) No proceedings shall be brought against the recipient for the offence to which the fixed penalty notice relates unless before the end of the suspended enforcement period he has given notice requesting a hearing in respect of that offence in the manner specified in the fixed penalty notice. (3) Where-- (a) the recipient has not given notice requesting a hearing in respect of the offence to which the fixed penalty notice relates in the manner so specified, and (b) the fixed penalty has not been paid in accordance with this Part of this Act before the end of the suspended enforcement period, a sum equal to the fixed penalty plus one-half of the amount of that penalty may be registered under section 71 of this Act for enforcement against the recipient as a fine. 56 Licence receipts(1) A constable or authorised person to whom a person surrenders his licence on receiving a fixed penalty notice given to him under section 54 of this Act must issue a receipt for the licence under this section. (2) The fixed penalty clerk may, on the application of a person who has surrendered his licence in those circumstances, issue a new receipt for the licence. (3) A receipt issued under this section ceases to have effect-- (a) if issued by a constable or authorised person, on the expiration of the period of one month beginning with the date of issue or such longer period as may be prescribed, and (b) if issued by the fixed penalty clerk, on such date as he may specify in the receipt, or, if earlier, on the return of the licence to the licence holder. 57 Endorsement of licences without hearings(1) Subject to subsection (2) below, where a person (referred to in this section as "the licence holder") has surrendered his licence to a constable or authorised person on the occasion when he was given a fixed penalty notice under section 54 of this Act, his licence may be endorsed in accordance with this section without any order of a court. (2) A person's licence 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) On the payment of the fixed penalty before the end of the suspended enforcement period, the fixed penalty clerk must endorse the relevant particulars on the licence and return it to the licence holder. (4) Where any sum determined by reference to the fixed penalty is registered under section 71 of this Act for enforcement against the licence holder as a fine, the fixed penalty clerk must endorse the relevant particulars on the licence and return it to the licence holder-- (a) if he is himself the clerk who registers that sum, on the registration of that sum, and (b) in any other case, on being notified of the registration by the clerk who registers that sum. (5) 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. (6) On endorsing a person's licence under this section the fixed penalty clerk must send notice of the endorsement and of the particulars endorsed to the Secretary of State. 58 Effect of endorsement without hearing(1) Where a person's licence is endorsed under section 57 of this Act he shall be treated for the purposes of sections 13(4), 28, 29 and 45 of this Act and of the [1974 c. 53.] 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 57(5)(a) of this Act were particulars of his conviction of that offence. (2) In relation to any endorsement of a person's licence under section 57 of this Act-- (a) the reference in section 45(4) of this Act to the order for endorsement, and (b) 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. 59 Notification of court and date of trial in England and Wales(1) On an occasion when a person is given a fixed penalty notice under section 54 of this Act in respect of an offence, he may be given written notification specifying the magistrates' court by which and the date on which the offence will be tried if he gives notice requesting a hearing in respect of the offence as permitted by the fixed penalty notice. (2) Subject to subsections (4) and (5) below, where-- (a) a person has been notified in accordance with this section of the court and date of trial of an offence in respect of which he has been given a fixed penalty notice, and (b) he has given notice requesting a hearing in respect of the offence as permitted by the fixed penalty notice, the provisions of the [1980 c. 43.] Magistrates' Courts Act 1980 shall apply as mentioned in subsection (3) below. (3) Those provisions are to have effect for the purpose of any proceedings in respect of that offence as if-- (a) the allegation in the fixed penalty notice with respect to that offence were an information duly laid in accordance with section 1 of that Act, and (b) the notification of the court and date of trial were a summons duly issued on that information by a justice of the peace for the area for which the magistrates' court notified as the court of trial acts, requiring the person notified to appear before that court to answer to that information and duly served on him on the date on which the notification was given. (4) If, in a case within subsection (2) above, notice is served by or on behalf of the chief officer of police on the person who gave notice requesting a hearing stating that no proceedings are to be brought in respect of the offence concerned, that subsection does not apply and no such proceedings are to be brought against the person who gave notice requesting a hearing. (5) Section 14 of that Act (proceedings invalid where accused did not know of them) is not applied by subsection (2) above in a case where a person has been notified in accordance with this section of the court and date of trial of an offence. (6) This section does not extend to Scotland. 60 Court procedure in Scotland(1) Where a person is given a fixed penalty notice under section 54(2) of this Act in respect of an offence committed in Scotland, he may be given written notification specifying the court at which and the date on which the case will first call if he gives notice requesting a hearing in respect of the offence as permitted by the fixed penalty notice. (2) Such written notification may either be included in the fixed penalty notice or be given to the person when he is given the fixed penalty notice. (3) Where-- (a) a person has been notified in accordance with this section of the court and date of first calling of a case concerning an offence in respect of which he has been given a fixed penalty notice, and (b) he has given notice requesting a hearing in respect of the offence as permitted by the fixed penalty notice, the following provisions of this section apply for the purpose of any proceedings in respect of the offence. (4) The notification of the court and date of first calling shall have effect as if it were a citation to an accused person by virtue of section 315 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 notwithstanding that such notification may not be in the form referred to in subsection (2) of that section. (5) A copy of the fixed penalty notice given under section 54(2) of this Act shall have effect as if it were a complaint under Part II of that Act, and the provisions of that Part shall accordingly apply-- (a) to the copy fixed penalty notice as if it were a complaint, and (b) to the fixed penalty notice as if it were a copy complaint served on the accused under that Part. (6) For the purposes of subsection (5) above-- (a) it is not necessary for the fixed penalty notice to be signed by the prosecutor or by a solicitor on behalf of a prosecutor other than the public prosecutor of a court, (b) a copy fixed penalty notice having effect as if it were a complaint shall not be held to be irrelevant by reason only-- (i) that the charge in the fixed penalty notice is not in the form referred to in section 312 of that Act, or (ii) that no further specification is given than the specification required for a fixed penalty notice by section 52(2) of this Act, and without prejudice to the generality of subsection (5) above, paragraphs (a) to (z) of section 312 of that Act shall apply in respect of the charge referred to in sub-paragraph (i) above, and (c) section 311(5) of that Act shall not apply in respect of a copy fixed penalty notice having effect as if it were a complaint, but there shall be given to the alleged offender along with the fixed penalty notice a notice stating the penalties to which he would be liable in the event of his conviction for the offence. 61 Fixed penalty notice mistakenly given: exclusion of fixed penalty procedures(1) This section applies where, on inspection of a licence sent to him under section 54(7) of this Act, it appears to the fixed penalty clerk that the person whose licence it is 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 fixed penalty clerk must not endorse the licence under section 57 of this Act but must instead send it to the chief officer of police. (3) 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. (4) 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. (5) Accordingly, where proceedings in respect of that offence are so commenced, any action taken in pursuance of any provision 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 whose licence it is as a fine, 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))). Notices fixed to vehicles62 Fixing notices to vehicles(1) Where on any occasion a constable has reason to believe in the case of any stationary vehicle that a fixed penalty offence is being or has on that occasion been committed in respect of it, he may fix a fixed penalty notice in respect of the offence to the vehicle unless the offence appears to him to involve obligatory endorsement. (2) A person is guilty of an offence if he removes or interferes with any notice fixed to a vehicle under this section, unless he does so by or under the authority of the driver or person in charge of the vehicle or the person liable for the fixed penalty offence in question. 63 Service of notice to owner if penalty not paid(1) This section applies where a fixed penalty notice relating to an offence has been fixed to a vehicle under section 62 of this Act. (2) Subject to subsection (3) below, if at the end of the suspended enforcement period the fixed penalty has not been paid in accordance with this Part of this Act, a notice under this section may be served by or on behalf of the chief officer of police on any person who appears to him (or to any person authorised to act on his behalf for the purposes of this section) to be the owner of the vehicle. Such a notice is referred to in this Part of this Act as a "notice to owner". (3) Subsection (2) above does not apply where before the end of the suspended enforcement period-- (a) any person has given notice requesting a hearing in respect of the offence in the manner specified in the fixed penalty notice, and (b) the notice so given contains a statement by that person to the effect that he was the driver of the vehicle at the time when the offence is alleged to have been committed. That time is referred to in this Part of this Act as the "time of the alleged offence". (4) A notice to owner-- (a) must give particulars of the alleged offence and of the fixed penalty concerned, (b) must state the period allowed for response to the notice, and (c) must indicate that, if the fixed penalty is not paid before the end of that period, the person on whom the notice is served is asked to provide before the end of that period to the chief officer of police by or on whose behalf the notice was served a statutory statement of ownership (as defined in Part I of Schedule 4 to this Act). (5) For the purposes of this Part of this Act, the period allowed for response to a notice to owner is the period of twenty-one days from the date on which the notice is served, or such longer period (if any) as may be specified in the notice. (6) A notice to owner relating to any offence must indicate that the person on whom it is served may, before the end of the period allowed for response to the notice, either-- (a) give notice requesting a hearing in respect of the offence in the manner indicated by the notice, or (b) if-- (i) he was not the driver of the vehicle at the time of the alleged offence, and (ii) a person purporting to be the driver wishes to give notice requesting a hearing in respect of the offence, provide, together with a statutory statement of ownership provided as requested in that notice, a statutory statement of facts (as defined by Part II of Schedule 4 to this Act) having the effect referred to in paragraph 3(2) of that Schedule (that is, as a notice requesting a hearing in respect of the offence given by the driver). (7) In any case where a person on whom a notice to owner relating to any offence has been served provides a statutory statement of facts in pursuance of subsection (6)(b) above-- (a) any notice requesting a hearing in respect of the offence that he purports to give on his own account shall be of no effect, and (b) no sum may be registered for enforcement against him as a fine in respect of the offence unless, within the period of two months immediately following the period allowed for response to the notice to owner, no summons or, in Scotland, complaint in respect of the offence in question is served on the person identified in the statement as the driver. 64 Enforcement or proceedings against owner(1) This section applies where-- (a) a fixed penalty notice relating to an offence has been fixed to a vehicle under section 62 of this Act, (b) a notice to owner relating to the offence has been served on any person under section 63(2) of this Act before the end of the period of six months beginning with the day on which the fixed penalty notice was fixed to the vehicle, and (c) the fixed penalty has not been paid in accordance with this Part of this Act before the end of the period allowed for response to the notice to owner. (2) Subject to subsection (4) below and to section 63(7)(b) of this Act, a sum equal to the fixed penalty plus one-half of the amount of that penalty may be registered under section 71 of this Act for enforcement against the person on whom the notice to owner was served as a fine. (3) Subject to subsection (4) below and to section 65 of this Act, proceedings may be brought in respect of the offence against the person on whom the notice to owner was served. (4) If the person on whom the notice to owner was served-- (a) was not the owner of the vehicle at the time of the alleged offence, and (b) provides a statutory statement of ownership to that effect in response to the notice before the end of the period allowed for response to the notice, he shall not be liable in respect of the offence by virtue of this section nor shall any sum determined by reference to the fixed penalty for the offence be so registered by virtue of this section for enforcement against him as a fine. (5) Subject to subsection (6) below-- (a) for the purposes of the institution of proceedings by virtue of subsection (3) above against any person on whom a notice to owner has been served, and (b) in any proceedings brought by virtue of that subsection against any such person, it shall be conclusively presumed (notwithstanding that that person may not be an individual) that he was the driver of the vehicle at the time of the alleged offence and, accordingly, that acts or omissions of the driver of the vehicle at that time were his acts or omissions. (6) That presumption does not apply in any proceedings brought against any person by virtue of subsection (3) above if, in those proceedings, it is proved that at the time of the alleged offence the vehicle was in the possession of some other person without the consent of the accused. (7) Where-- (a) by virtue of subsection (3) above proceedings may be brought in respect of an offence against a person on whom a notice to owner was served, and (b) section 74(1) of this Act does not apply, section 127(1) of the [1980 c. 43.] Magistrates' Courts Act 1980 (information must be laid within six months of time offence committed) and section 331(1) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (proceedings must be commenced within six months of that time) shall have effect as if for the reference to six months there were substituted a reference to twelve months. 65 Restrictions on proceedings against owner and others(1) In any case where a notice to owner relating to an offence may be served under section 63 of this Act, no proceedings shall be brought in respect of the offence against any person other than a person on whom such a notice has been served unless he is identified as the driver of the vehicle at the time of the alleged offence in a statutory statement of facts provided in pursuance of section 63(6)(b) of this Act by a person on whom such a notice has been served. (2) Proceedings in respect of an offence to which a notice to owner relates shall not be brought against the person on whom the notice was served unless, before the end of the period allowed for response to the notice, he has given notice, in the manner indicated by the notice to owner, requesting a hearing in respect of the offence. (3) Proceedings in respect of an offence to which a notice to owner relates may not be brought against any person identified as the driver of the vehicle in a statutory statement of facts provided in response to the notice if the fixed penalty is paid in accordance with this Part of this Act before the end of the period allowed for response to the notice. (4) Once any sum determined by reference to the fixed penalty for an offence has been registered by virtue of section 64 of this Act under section 71 for enforcement as a fine against a person on whom a notice to owner relating to that offence has been served, no proceedings shall be brought against any other person in respect of that offence. 66 Hired vehicles(1) This section applies where-- (a) a notice to owner has been served on a vehicle-hire firm, (b) at the time of the alleged offence the vehicle in respect of which the notice was served was let to another person by the vehicle-hire firm under a hiring agreement to which this section applies, and (c) within the period allowed for response to the notice the firm provides the chief officer of police by or on whose behalf the notice was served with the documents mentioned in subsection (2) below. (2) Those documents are a statement on an official form, signed by or on behalf of the firm, stating that at the time of the alleged offence the vehicle concerned was hired under a hiring agreement to which this section applies, together with-- (a) a copy of that hiring agreement, and (b) a copy of a statement of liability signed by the hirer under that hiring agreement. (3) In this section a "statement of liability" means a statement made by the hirer under a hiring agreement to which this section applies to the effect that the hirer acknowledges that he will be liable, as the owner of the vehicle, in respect of any fixed penalty offence which may be committed with respect to the vehicle during the currency of the hiring agreement and giving such information as may be prescribed. (4) In any case where this section applies, sections 63, 64 and 65 of this Act shall have effect as if-- (a) any reference to the owner of the vehicle were a reference to the hirer under the hiring agreement, and (b) any reference to a statutory statement of ownership were a reference to a statutory statement of hiring, and accordingly references in this Part of this Act (with the exceptions mentioned below) to a notice to owner include references to a notice served under section 63 of this Act as it applies by virtue of this section. This subsection does not apply to references to a notice to owner in this section or in section 81(2)(b) of or Part I of Schedule 4 to this Act. (5) In any case where this section applies, a person authorised in that behalf by the chief officer of police to whom the documents mentioned in subsection (2) above are provided may, at any reasonable time within six months after service of the notice to owner (and on the production of his authority) require the firm to produce the originals of the hiring agreement and statement of liability in question. (6) If a vehicle-hire firm fails to produce the original of a document when required to do so under subsection (5) above, this section shall thereupon cease to apply (and section 64 of this Act shall apply accordingly in any such case after that time as it applies in a case where the person on whom the notice to owner was served has failed to provide a statutory statement of ownership in response to the notice within the period allowed). (7) This section applies to a hiring agreement under the terms of which the vehicle concerned is let to the hirer for a fixed period of less than six months (whether or not that period is capable of extension by agreement between the parties or otherwise); and any reference in this section to the currency of the hiring agreement includes a reference to any period during which, with the consent of the vehicle-hire firm, the hirer continues in possession of the vehicle as hirer, after the expiry of the fixed period specified in the agreement, but otherwise on the terms and conditions so specified. (8) In this section--
67 False statements in response to notices to ownerA person who, in response to a notice to owner, provides a statement which is false in a material particular and does so recklessly or knowing it to be false in that particular is guilty of an offence. 68 "Owner", "statutory statement" and "official form"(1) For the purposes of this Part of this Act, the owner of a vehicle shall be taken to be the person by whom the vehicle is kept; and for the purposes of determining, in the course of any proceedings brought by virtue of section 64(3) of this Act, who was the owner of a vehicle at any time, it shall be presumed that the owner was the person who was the registered keeper of the vehicle at that time. (2) Notwithstanding the presumption in subsection (1) above, it is open to the defence in any proceedings to prove that the person who was the registered keeper of a vehicle at a particular time was not the person by whom the vehicle was kept at that time and to the prosecution to prove that the vehicle was kept by some other person at that time. (3) References in this Part of this Act to statutory statements of any description are references to the statutory statement of that description defined in Schedule 4 to this Act; and that Schedule shall also have effect for the purpose of requiring certain information to be provided in official forms for the statutory statements so defined to assist persons in completing those forms and generally in determining what action to take in response to a notice to owner. (4) In this Part of this Act "official form", in relation to a statutory statement mentioned in Schedule 4 to this Act or a statement under section 66(2) of this Act, means a document supplied by or on behalf of a chief officer of police for use in making that statement. The fixed penalty procedure69 Payment of penalty(1) Payment of a fixed penalty under this Part of this Act must be made to such justices' clerk or, in Scotland, clerk of court as may be specified in the fixed penalty notice relating to that penalty. (2) Without prejudice to payment by any other method, payment of a fixed penalty under this Part of this Act may be made by properly addressing, pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) and, unless the contrary is proved, shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post. (3) A letter is properly addressed for the purposes of subsection (2) above if it is addressed to the fixed penalty clerk at the address specified in the fixed penalty notice relating to the fixed penalty as the address at which the fixed penalty may be paid. (4) References in this Part of this Act, in relation to any fixed penalty or fixed penalty notice, to the fixed penalty clerk are references to the clerk specified in accordance with subsection (1) above in the fixed penalty notice relating to that penalty or (as the case may be) in that fixed penalty notice. 70 Registration certificates(1) This section and section 71 of this Act apply where by virtue of section 55(3) or 64(2) of this Act a sum determined by reference to the fixed penalty for any offence may be registered under section 71 of this Act for enforcement against any person as a fine. In this section and section 71 of this Act-- (a) that sum is referred to as a "sum payable in default", and (b) the person against whom that sum may be so registered is referred to as the "defaulter". (2) Subject to subsection (3) below, the chief officer of police may in respect of any sum payable in default issue a certificate (referred to in this section and section 71 as a "registration certificate") stating that the sum is registrable under section 71 for enforcement against the defaulter as a fine. (3) Where the fixed penalty notice in question was given to the defaulter under section 54 in respect of an offence committed in Scotland-- (a) subsection (2) above does not apply, but (b) the fixed penalty clerk must, unless the defaulter appears to him to reside within the jurisdiction of the court of summary jurisdiction of which he is himself the clerk, issue a registration certificate in respect of the sum payable in default. (4) Where the chief officer of police or the fixed penalty clerk issues a registration certificate under this section, he must-- (a) if the defaulter appears to him to reside in England and Wales, cause it to be sent to the clerk to the justices for the petty sessions area in which the defaulter appears to him to reside, and (b) if the defaulter appears to him to reside in Scotland, cause it to be sent to the clerk of a court of summary jurisdiction for the area in which the defaulter appears to him to reside. (5) A registration certificate issued under this section in respect of any sum payable in default must-- (a) give particulars of the offence to which the fixed penalty notice relates, (b) indicate whether registration is authorised under section 55(3) or 64(2) of this Act, and (c) state the name and last known address of the defaulter and the amount of the sum payable in default. 71 Registration of sums payable in default(1) Where the clerk to the justices for a petty sessions area receives a registration certificate issued under section 70 of this Act in respect of any sum payable in default, he must, subject to subsection (4) below, register that sum for enforcement as a fine in that area by entering it in the register of a magistrates' court acting for that area. (2) Where the clerk of a court of summary jurisdiction receives a registration certificate issued under section 70 of this Act in respect of any sum payable in default, he must, subject to subsection (4) below, register that sum for enforcement as a fine by that court. (3) Where-- (a) the fixed penalty notice in question was given to the defaulter under section 54 of this Act in respect of an offence committed in Scotland, and (b) the defaulter appears to the fixed penalty clerk to reside within the jurisdiction of the court of summary jurisdiction of which he is himself the clerk, the fixed penalty clerk must register the sum payable in default for enforcement as a fine by that court. (4) Where it appears to the clerk receiving a registration certificate issued under section 70 of this Act in respect of any sum payable in default that the defaulter does not reside in the petty sessions area or (as the case may be) within the jurisdiction of the court of summary jurisdiction in question-- (a) he is not required by subsection (1) or (2) above to register that sum, but (b) he must cause the certificate to be sent to the appropriate clerk, and subsection (1) or, as the case may be, (2) above shall apply accordingly on receipt by the appropriate clerk of the certificate as it applies on receipt by the clerk to whom it was originally sent. (5) For the purposes of subsection (4) above, the appropriate clerk-- (a) if the defaulter appears to the clerk receiving the registration certificate to reside in England and Wales, is the clerk to the justices for the petty sessions area in which the defaulter appears to him to reside, and (b) if the defaulter appears to the clerk receiving the registration certificate to reside in Scotland, is the clerk of a court of summary jurisdiction for the area in which the defaulter appears to him to reside. (6) On registering any sum under this section for enforcement as a fine, the clerk to the justices for a petty sessions area or, as the case may be, the clerk of a court of summary jurisdiction must give to the defaulter notice of registration-- (a) specifying the amount of that sum, and (b) giving the information with respect to the offence and the authority for registration included in the registration certificate by virtue of section 70(5)(a) and (b) of this Act or (in a case within subsection (3) above) the corresponding information. (7) On the registration of any sum in a magistrates' court or a court of summary jurisdiction by virtue of this section any enactment referring (in whatever terms) to a fine imposed or other sum adjudged to be paid on the conviction of such a court shall have effect in the case in question as if the sum so registered were a fine imposed by that court on the conviction of the defaulter on the date of the registration. (8) Accordingly, in the application by virtue of this section of the provisions of the [1980 c. 43.] Magistrates' Courts Act 1980 relating to the satisfaction and enforcement of sums adjudged to be paid on the conviction of a magistrates' court, section 85 of that Act (power to remit a fine in whole or in part) is not excluded by subsection (2) of that section (references in that section to a fine not to include any other sum adjudged to be paid on a conviction) from applying to a sum registered in a magistrates' court by virtue of this section. (9) For the purposes of this section, where the defaulter is a body corporate, the place where that body resides and the address of that body are either of the following-- (a) the registered or principal office of that body, and (b) the address which, with respect to the vehicle concerned, is the address recorded in the record kept under the [1971 c. 10.] Vehicles (Excise) Act 1971 as being that body's address. 72 Notices on-the-spot or at a police station: when registration and endorsement invalid(1) This section applies where-- (a) a person who has received notice of the registration, by virtue of section 55(3) of this Act, of a sum under section 71 of this Act for enforcement against him as a fine makes a statutory declaration to the effect mentioned in subsection (2) below, and (b) that declaration is, within twenty-one days of the date on which the person making it received notice of the registration, served on the clerk of the relevant court. (2) The statutory declaration must state-- (a) that the person making the declaration was not the person to whom the relevant fixed penalty notice was given, or (b) that he gave notice requesting a hearing in respect of the alleged offence as permitted by the fixed penalty notice before the end of the suspended enforcement period. (3) In any case within subsection (2)(a) above, the relevant fixed penalty notice, the registration and any proceedings taken before the declaration was served for enforcing payment of the sum registered shall be void. (4) Where in any case within subsection (2)(a) above the person to whom the relevant fixed penalty notice was given surrendered a licence held by the person making the declaration, any endorsement of that licence made under section 57 of this Act in respect of the offence in respect of which that notice was given shall be void. (5) In any case within subsection (2)(b) above-- (a) the registration, any proceedings taken before the declaration was served for enforcing payment of the sum registered, and any endorsement, in respect of the offence in respect of which the relevant fixed penalty notice was given, made under section 57 of this Act before the declaration was served, shall be void, and (b) the case shall be treated after the declaration is served as if the person making the declaration had given notice requesting a hearing in respect of the alleged offence as stated in the declaration. (6) The clerk of the relevant court must-- (a) cancel an endorsement of a licence under section 57 of this Act that is void by virtue of this section on production of the licence to him for that purpose, and (b) send notice of the cancellation to the Secretary of State. (7) References in this section to the relevant fixed penalty notice are to the fixed penalty notice relating to the fixed penalty concerned. 73 Notices fixed to vehicles: when registration invalid(1) This section applies where-- (a) a person who has received notice of the registration, by virtue of section 64(2) of this Act, of a sum under section 71 of this Act for enforcement against him as a fine makes a statutory declaration to the effect mentioned in subsection (2) below, and (b) that declaration is, within twenty-one days of the date on which the person making it received notice of the registration, served on the clerk of the relevant court. Pages: P.1 | P.2 | P.3 | P.4 | P.5 -- Back --
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