Part I Trial _cross-notes

Introductory

1 Requirement of warning etc. of prosecutions for certain offences. _cross-notes

(1)Subject to section 2 of this Act, [^F1a person shall not be convicted of an offence to which this section applies unless^F1] —

(a)he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or

(b)within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or

(c)within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was—

(i)^M1in the case of an offence under section 28 or 29 of the Road Traffic Act 1988 (cycling offences), served on him,

(ii)in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.

[^F2 (1ZA)In the case of an offence to be prosecuted in England and Wales, a notice required by this section to be served on any person may be served on that person in accordance with Criminal Procedure Rules.

(1ZB)For the purposes of subsection (1ZA)—

(a)Criminal Procedure Rules (as they have effect from time to time) apply to the notice 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.

(1ZC)In the case of an offence to be prosecuted elsewhere, subsections (1A) and (2) apply.^F2]

[^F3 (1A)A notice required by this section to be served on any person may be served on that person—

(a)by delivering it to him;

(b)by addressing it to him and leaving it at his last known address; or

(c)by sending it by registered post, recorded delivery service or first class post addressed to him at his last known address.^F3]

(2)A notice shall be deemed for the purposes of subsection (1)(c) above to have been served on a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him.

(3)The requirement of subsection (1) above shall in every case be deemed to have been complied with unless and until the contrary is proved.

(4)Schedule 1 to this Act shows the offences to which this section applies.

2 Requirement of warning etc: supplementary. _cross-notes

(1)The requirement of section 1(1) of this Act does not apply in relation to an offence if, at the time of the offence or immediately after it, an accident occurs owing to the presence on a road of the vehicle in respect of which the offence was committed.

(2)The requirement of section 1(1) of this Act does not apply in relation to an offence in respect of which—

(a)^F4a fixed penalty notice (within the meaning of Part III of this Act) has been given or fixed under any provision of that Part, ...

^F5 (b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Failure to comply with the requirement of section 1(1) of this Act is not a bar to the conviction of the accused in a case where the court is satisfied—

(a)that neither the name and address of the accused nor the name and address of the registered keeper, if any, could with reasonable diligence have been ascertained in time for a summons or, as the case may be, a complaint to be served or for a notice to be served or sent in compliance with the requirement, or

(b)that the accused by his own conduct contributed to the failure.

^F6 (4)Failure to comply with the requirement of section 1(1) of this Act in relation to an offence is not a bar to the conviction of a person of that offence by virtue of the provisions of—

(a)section 24 of this Act, or

(b)any of the enactments mentioned in section 24(6);

but a person is not to be convicted of an offence by virtue of any of those provisions if section 1 applies to the offence with which he was charged and the requirement of section 1(1) was not satisfied in relation to the offence charged.

3 Restriction on institution of proceedings for certain offences.

[^F7 (1). . .

(2)In England and Wales, proceedings for an offence under section 94(3) of the Road Traffic Act 1988 (notice about relevant or prospective disability) shall not be instituted except by the Secretary of State or by a constable acting with the approval of the Secretary of State.

[^F8 (2A)In subsection (2) above the reference to section 94(3) of the Road Traffic Act 1988 includes a reference to that section as applied by section 99D [^F9 or 109C^F9] of that Act.^F8]

4 Offences for which local authorities in England and Wales may institute proceedings.

(1)The council of a county, metropolitan district or London Borough or the Common Council of the City of London may institute proceedings for an offence under section [^F1015A of the Road Traffic Act 1988 (safety equipment for children in motor vehicles) or under section 17 or 18 of that Act^F10] (helmets and other head-worn appliances for motor cyclists).

(2)The council of a county, metropolitan district or London Borough or the Common Council of the City of London may institute proceedings for an offence under section 27 of that Act (dogs on roads) relating to a road in their area.

(3)^M2The council of a county, district or London borough or the Common Council of the City of London may institute proceedings for offences under section [^F1135A(1), (2) or (5)^F11] of the Road Traffic Regulation Act 1984 which are committed in connection with parking places provided by the council, or provided under any letting arrangements made by the council under section 33(4) of that Act.

(4)The council of a county, metropolitan district or London borough or the Common Council of the City of London may institute proceedings for an offence under section 47 or 52 of the Road Traffic Regulation Act 1984 in connection with a designated parking place controlled by the council.

(5)^F13In England, the council of a county or metropolitan district and, in Wales, the council of a county [^F12or county borough^F12] may institute proceedings for an offence under section 53 of the Road Traffic Regulation Act 1984 in connection with a designated parking place in the council’s area . . .

(6) ^M3 In this section “ parking place ” means a place where vehicles, or vehicles of any class, may wait and “ designated parking place ” has the same meaning as in the Road Traffic Regulation Act 1984 .

(7)This section extends to England and Wales only.

[^F14 (8)In relation to Wales, any reference in subsections (1) to (4) above to a county shall be read as including a reference to a county borough.^F14]

5 Exemption from Licensing Act offence.

^M4,M5 A person liable to be charged with an offence under [^F15section 3A, 4^F15] , 5, 7 or 30 of the Road Traffic Act 1988 (drink and drugs) is not liable to be charged under section 12 of the Licensing Act 1872 with the offence of being drunk while in charge, on a highway or other public place, of a carriage.

6 Time within which summary proceedings for certain offences must be commenced. _cross-notes

(1)Subject to subsection (2) below, summary proceedings for an offence to which this section applies may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

(2)No such proceedings shall be brought by virtue of this section more than three years after the commission of the offence.

(3)For the purposes of this section, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.

(4)A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

(5)In relation to proceedings in Scotland, subsection (3) of [^F16section 136 of the Criminal Procedure (Scotland) Act 1995^F16] (date of commencement of proceedings) shall apply for the purposes of this section as it applies for the purposes of that.

(6)Schedule 1 to this Act shows the offences to which this section applies.

7 Duty of accused to provide licence. _cross-notes

[^F17 (1)Where—

(a)a person who is the holder of a licence is prosecuted for an offence involving obligatory or discretionary disqualification,

(b)there is a hearing, and

(c)the person attends the hearing,

the person must bring the licence to the hearing.^F17]

^F18 (1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F19 (1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F20 (1C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F21 (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8 Duty to include date of birth and sex in written plea of guilty. _cross-notes

A person who—

(a)^M6gives a notification [^F22to [^F23 the designated officer for a magistrates' court^F23] in pursuance of section 12(4)^F22] of the Magistrates’ Courts Act 1980 (written pleas of guilty),

[^F24 (aa)serves a written notification on the designated officer for a magistrates' court stating a desire to plead guilty and to be tried in accordance with section 16A of the Magistrates' Courts Act 1980 (trial by single justice on the papers),^F24]

[^F25 (ab)gives a notification amounting to acceptance of the automatic online conviction option (within the meaning of section 16G of the Magistrates’ Courts Act 1980),^F25] or

(b)^M7gives a written intimation of a plea of guilty in pursuance of section 334(3) of the Criminal Procedure (Scotland) Act 1975,

^M8 in respect of an offence involving obligatory or discretionary disqualification or of such other offence as may be prescribed by regulations under section 105 of the Road Traffic Act 1988, must include in the notification or intimation a statement of the date of birth and sex of the accused.

Trial

9 Mode of trial.

An offence against a provision of the Traffic Acts specified in column 1 of Part I of Schedule 2 to this Act or regulations made under such a provision (the general nature of which offence is indicated in column 2) shall be punishable as shown against the offence in column 3 (that is, on summary conviction or on indictment or in either one way or the other).

10 Jurisdiction of district court in Scotland.

(1)Notwithstanding anything in any enactment or rule of law to the contrary, a [^F26justice of the peace court^F26] in Scotland may try—

(a)any fixed penalty offence (within the meaning of Part III of this Act), and

(b)any other offence in respect of which a conditional offer (within the meaning of sections 75 to [^F2777A^F27] of this Act) may be sent.

^F28 (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11 Evidence by certificate as to driver, user or owner. _cross-notes

(1)In any proceedings in England and Wales for an offence to which this section applies, a certificate in the prescribed form, purporting to be signed by a constable and certifying that a person specified in the certificate stated to the constable—

(a)that a particular [^F29mechanically propelled vehicle^F29] was being driven or used by, or belonged to, that person on a particular occasion, or

(b)that a particular [^F29mechanically propelled vehicle^F29] on a particular occasion was used by, or belonged to, a firm and that he was, at the time of the statement, a partner in that firm, or

(c)that a particular [^F29mechanically propelled vehicle^F29] on a particular occasion was used by, or belonged to, a corporation and that he was, at the time of the statement, a director, officer or employee of that corporation,

shall be admissible as evidence for the purpose of determining by whom the vehicle was being driven or used, or to whom it belonged, as the case may be, on that occasion.

(2)Nothing in subsection (1) above makes a certificate admissible as evidence in proceedings for an offence except in a case where and to the like extent to which oral evidence to the like effect would have been admissible in those proceedings.

(3)Nothing in subsection (1) above makes a certificate admissible as evidence in proceedings for an offence—

(a)unless a copy of it has, not less than seven days before the hearing or trial, been served in the prescribed manner on the person charged with the offence, or

(b)if that person, not later than three days before the hearing or trial or within such further time as the court may in special circumstances allow, serves a notice in the prescribed form and manner on the prosecutor requiring attendance at the trial of the person who signed the certificate.

[^F30 (3A)[^F31 Where the proceedings mentioned in subsection (1) above are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect with the omission of—

(a)subsection (2), and

(b) in subsection (3), paragraph (b) and the word “or” immediately preceding it. ^F31,F30]]

(4) In this section “ prescribed ” means prescribed by rules made by the Secretary of State by statutory instrument.

(5)Schedule 1 to this Act shows the offences to which this section applies.

12 Proof, in summary proceedings, of identity of driver of vehicle. _cross-notes

(1)Where on the summary trial in England and Wales of an information for an offence to which this subsection applies—

(a)^M9it is proved to the satisfaction of the court, on oath or in manner prescribed by [^F32Criminal Procedure Rules^F32] , that a requirement under section 172(2) of the Road Traffic Act 1988 to give information as to the identity of the driver of a particular vehicle on the particular occasion to which the information relates has been served on the accused [^F33in accordance with Criminal Procedure Rules^F33] , and

(b)a statement in writing is produced to the court purporting to be signed by the accused that the accused was the driver of that vehicle on that occasion,

the court may accept that statement as evidence that the accused was the driver of that vehicle on that occasion.

(2)Schedule 1 to this Act shows the offences to which subsection (1) above applies.

(3)^M10Where on the summary trial in England and Wales of an information for an offence to which section 112 of the Road Traffic Regulation Act 1984 applies—

(a)it is proved to the satisfaction of the court, on oath or in manner prescribed by [^F34Criminal Procedure Rules^F34] , that a requirement under section 112(2) of the Road Traffic Regulation Act 1984 to give information as to the identity of the driver of a particular vehicle on the particular occasion to which the information relates has been served on the accused [^F35in accordance with Criminal Procedure Rules^F35] , and

(b)a statement in writing is produced to the court purporting to be signed by the accused that the accused was the driver of that vehicle on that occasion,

the court may accept that statement as evidence that the accused was the driver of that vehicle on that occasion.

^F36 ( 4 )In summary proceedings in Scotland for an offence to which section 20(2) of the [^F37 this Act^F37] applies, where—

(a)it is proved to the satisfaction of the court that a requirement under section 172(2) of the Road Traffic Act 1988 to give information as to the identity of a driver on a particular occasion to which the complaint relates has been served on the accused by post, and

(b)a statement in writing is produced to the court, purporting to be signed by the accused, that the accused was the driver of that vehicle on that occasion,

that statement shall be sufficient evidence that the accused was the driver of the vehicle on that occasion.

13 Admissibility of records as evidence.

(1)This section applies to a statement contained in a document purporting to be—

(a)a part of the records maintained by the Secretary of State in connection with any functions exercisable by him by virtue of Part III of the Road Traffic Act 1988 or a part of any other records maintained by the Secretary of State with respect to vehicles or of any records maintained with respect to vehicles by an approved testing authority in connection with the exercise by that authority of any functions conferred on such authorities, or on that authority as such an authority, by or under any enactment , or

(b)a copy of a document forming part of those records, or

(c)a note of any information contained in those records,

and to be authenticated by a person authorised in that behalf by the Secretary of State.

(2)A statement to which this section applies shall be admissible in any proceedings as evidence (in Scotland, sufficient evidence) of any fact stated in it to the same extent as oral evidence of that fact is admissible in those proceedings.

[^F38 (3)In the preceding subsections, except in Scotland—

• “ copy ”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly;

• “ document ” means anything in which information of any description is recorded; and

• “ statement ” means any representation of fact, however made.

[^F39 (3A)In any case where—

(a)a person is convicted by a magistrates’ court of a summary offence under the Traffic Acts or the Road Traffic (Driver Licensing and Information Systems) Act 1989,

(b)a statement to which this section applies is produced to the court in the proceedings,

(c)the statement specifies an alleged previous conviction of the accused of an offence involving obligatory endorsement or an order made on the conviction, and

(d)the accused is not present in person before the court when the statement is so produced,

the court may take account of the previous conviction or order as if the accused had appeared and admitted it.

(3B)Section 104 of the Magistrates’ Courts Act 1980 (under which previous convictions may be adduced in the absence of the accused after giving him seven days’ notice of them) does not limit the effect of subsection (3A) above.^F39]

(3A) In Scotland, in the preceding subsections “ document ” and “ statement ” have the same meanings as in section 17(3) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 , and the reference to a copy of a document shall be construed in accordance with section 17(4) of that Act ; but nothing in this subsection shall be construed as limiting to civil proceedings the references to proceedings in subsection (2) above. ^F38]

(4)In any case where—

(a)a statement to which this section applies is produced to a magistrates’ court in any proceedings for an offence involving obligatory or discretionary disqualification, [^F40other than a summary offence under any of the enactments mentioned in subsection (3A)(a) above^F40] .

(b)the statement specifies an alleged previous conviction of an accused person of any such offence or any order made on the conviction,

(c)it is proved to the satisfaction of the court, on oath or in such manner as may be prescribed by [^F41Criminal Procedure Rules^F41] , that not less than seven days before the statement is so produced a notice was served on the accused, in such form and manner as may be so prescribed, specifying the previous conviction or order and stating that it is proposed to bring it to the notice of the court in the event of or, as the case may be, in view of his conviction, and

(d)the accused is not present in person before the court when the statement is so produced,

the court may take account of the previous conviction or order as if the accused had appeared and admitted it.

(5)Nothing in the preceding provisions of this section enables evidence to be given in respect of any matter other than a matter of a description prescribed by regulations made by the Secretary of State.

(6)The power to make regulations under this section shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[^F42 (7)[^F43 Where the proceedings mentioned in subsection (2) above are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect as if—

(a) in subsection (2) the words “to the same extent as oral evidence of that fact is admissible in those proceedings” were omitted;

(b) in subsection (4) the word “and” were inserted at the end of paragraph (a);

(c) in subsection (4), paragraphs (c) and (d) and the words “as if the accused had appeared and admitted it” were omitted. ^F43,F42]]

14 Use of records kept by operators of goods vehicles.

^M11 In any proceedings [^F44for an offence under section 40A of the Road Traffic Act 1988 or^F44] for a contravention of or failure to comply with construction and use requirements (within the meaning of Part II of the Road Traffic Act 1988) or regulations under section 74 of that Act, any record purporting to be made and authenticated in accordance with regulations under that section shall be evidence (and in Scotland sufficient evidence) of the matters stated in the record and of its due authentication.

15 Use of specimens in proceedings for an offence under [^F45any of sections 3A to 5A^F45] of the Road Traffic Act. _cross-notes

(1)This section and section 16 of this Act apply in respect of proceedings for an offence under [[^F46,F47 any of sections 3A to 5A^F47] of the Road Traffic Act 1988 (driving offences connected with drink or drugs)^F46] ; and expressions used in this section and section 16 of this Act have the same meaning as in [^F48sections 3A to 10^F48] of that Act.

(2)Evidence of the proportion of alcohol or any drug in a specimen of breath, blood or urine provided by [^F49or taken from^F49] the accused shall, in all cases [^F50(including cases where the specimen was not provided [^F51 or taken^F51] in connection with the alleged offence)^F50] , be taken into account [^F52and—

(a)it is to be assumed, subject to subsection (3) below, that the proportion of alcohol in the accused's breath, blood or urine at the time of the alleged offence was not less than in the specimen;

(b)it is to be assumed, subject to subsection (3A) below, that the proportion of a drug in the accused's blood or urine at the time of the alleged offence was not less than in the specimen.^F52]

[^F53 (3)[^F54 The assumption in subsection (2)(a) above^F54] shall not be made if the accused proves—

(a)that he consumed alcohol before he provided the specimen [^F55 or had it taken from him^F55] and—

(i)in relation to an offence under section 3A, after the time of the alleged offence, and

(ii)otherwise, after he had ceased to drive, attempt to drive or be in charge of a vehicle on a road or other public place, and

(b)that had he not done so the proportion of alcohol in his breath, blood or urine would not have exceeded the prescribed limit and, if it is alleged that he was unfit to drive through drink, would not have been such as to impair his ability to drive properly.^F53]

[^F56 (3A)The assumption in subsection (2)(b) above is not to be made if the accused proves—

(a)that he took the drug before he provided the specimen or had the specimen taken from him and—

(i)in relation to an offence under section 3A, after the time of the alleged offence, and

(ii)otherwise, after he had ceased to drive, attempt to drive or be in charge of a vehicle on a road or other public place, and

(b)that had he not done so the proportion of the drug in his blood or urine—

(i)in the case of a specified controlled drug, would not have exceeded the specified limit for that drug, and

(ii)if it is alleged that he was unfit to drive through drugs, would not have been such as to impair his ability to drive properly.^F56]

(4)A specimen of blood shall be disregarded [^F57unless-

(a)it was taken from the accused with his consent [^F58 by a medical practitioner or a registered health care professional^F58] , or

(b)it was taken from the accused by a medical practitioner [^F59 or a registered health care professional^F59] under section 7A of the Road Traffic Act 1988 and the accused subsequently gave his permission for a laboratory test of the specimen.^F57]

(5)Where, at the time a specimen of blood or urine was provided by the accused, he asked to be provided with such a specimen, evidence of the proportion of alcohol or any drug found in the specimen is not admissible on behalf of the prosecution unless—

(a)the specimen in which the alcohol or drug was found is one of two parts into which the specimen provided by the accused was divided at the time it was provided, and

(b)the other part was supplied to the accused.

[^F60 (5A)Where a specimen of blood was taken from the accused under section 7A of the Road Traffic Act 1988, evidence of the proportion of alcohol or any drug found in the specimen is not admissible on behalf of the prosecution unless—

(a)the specimen in which the alcohol or drug was found is one of two parts into which the specimen taken from the accused was divided at the time it was taken; and

(b)any request to be supplied with the other part which was made by the accused at the time when he gave his permission for a laboratory test of the specimen was complied with.^F60]

16 Documentary evidence as to specimens in such proceedings. _cross-notes

(1)Evidence of the proportion of alcohol or a drug in a specimen of breath, blood or urine may, subject to subsections (3) and (4) below and to section 15(5) [^F61and (5A)^F61] of this Act, be given by the production of a document or documents purporting to be whichever of the following is appropriate, that is to say—

(a)a statement automatically produced by the device by which the proportion of alcohol in a specimen of breath was measured and a certificate signed by a constable (which may but need not be contained in the same document as the statement) that the statement relates to a specimen provided by the accused at the date and time shown in the statement, and

(b)a certificate signed by an authorised analyst as to the proportion of alcohol or any drug found in a specimen of blood or urine identified in the certificate.

(2)Subject to subsections (3) and (4) below, evidence that a specimen of blood was taken from the accused with his consent by a medical practitioner [^F62or a registered health care professional^F62] may be given by the production of a document purporting to certify that fact and to be signed by a medical practitioner [^F62or a registered health care professional^F62] .

(3)Subject to subsection (4) below—

(a)a document purporting to be such a statement or such a certificate (or both such a statement and such a certificate) as is mentioned in subsection (1)(a) above is admissible in evidence on behalf of the prosecution in pursuance of this section only if a copy of it either has been handed to the accused when the document was produced or has been served on him not later than seven days before the hearing, and

(b)any other document is so admissible only if a copy of it has been served on the accused not later than seven days before the hearing.

(4)A document purporting to be a certificate (or so much of a document as purports to be a certificate) is not so admissible if the accused, not later than three days before the hearing or within such further time as the court may in special circumstances allow, has served notice on the prosecutor requiring the attendance at the hearing of the person by whom the document purports to be signed.

(5)In Scotland—

(a)a document produced in evidence on behalf of the prosecution in pursuance of subsection (1) or (2) above and, where the person by whom the document was signed is called as a witness, the evidence of that person, shall be sufficient evidence of the facts stated in the document, and

(b)a written execution purporting to be signed by the person who handed to or served on the accused or the prosecutor a copy of the document or of the notice in terms of subsection (3) or (4) above, together with, where appropriate, a post office receipt for the registered or recorded delivery letter shall be sufficient evidence of the handing or service of such a copy or notice.

(6)A copy of a certificate required by this section to be served on the accused or a notice required by this section to be served on the prosecutor may [^F63—

(a)if the proceedings mentioned in section 15(1) take place in England and Wales, be served in accordance with Criminal Procedure Rules, or

(b)if the proceedings take place elsewhere,^F63] be served personally or sent by registered post or recorded delivery service.

[^F64 (6A)[^F65 Where the proceedings mentioned in section 15(1) of this Act are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect with the omission of subsection (4).^F65,F64]]

(7) In this section “ authorised analyst ” means—

(a)any person possessing the qualifications prescribed by regulations made under [^F66section 27 of the Food Safety Act 1990^F66] as qualifying persons for appointment as public analysts under those Acts, and

(b)any other person authorised by the Secretary of State to make analyses for the purposes of this section.

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

(1)If in any proceedings for an offence under [^F67section 40A, 41A, 41B or 42 of the Road Traffic Act 1988 (using vehicle in dangerous condition or contravention^F67] of construction and use regulations)—

(a)any question arises as to a weight of any description specified in the plating certificate for a goods vehicle, and

(b)a weight of that description is marked on the vehicle,

it shall be assumed, unless the contrary is proved, that the weight marked on the vehicle is the weight so specified.

(2)If, in any proceedings for an offence—

(a)under Part II of the Road Traffic Act 1988, except sections 47 and 75, or

(b)under section 174(2) or (5) (false statements and deception) of that Act,

any question arises as to the date of manufacture of a vehicle, a date purporting to be such a date and marked on the vehicle in pursuance of regulations under that Part of that Act shall be evidence (and in Scotland sufficient evidence) that the vehicle was manufactured on the date so marked.

(3)^F68,F68If in any proceedings for the offence of driving a . . . vehicle on a road, or causing or permitting a . . . vehicle to be so driven, in contravention of a prohibition under section 70(2) of the Road Traffic Act 1988 any question arises whether a weight of any description has been reduced to a limit imposed by construction and use requirements [^F69, or so that it has ceased to be excessive,^F69] , the burden of proof shall lie on the accused.

(4)If in any proceedings in Scotland for an offence under the Traffic Acts any question arises as to a weight of any description in relation to a vehicle—

(a)a certificate purporting to be signed by an inspector of weights and measures and certifying the accuracy of a weighbridge or other machine for weighing vehicles shall be sufficient evidence of the facts stated in the certificate, and

(b)where the inspector is called as a witness his evidence shall be sufficient evidence of those facts.

^M12 In this subsection “ inspector of weights and measures ” has the same meaning as in the Weights and Measures Act 1985 , except that it includes a chief inspector within the meaning of that Act.

18 Evidence by certificate as to registration of driving instructors and licences to give instruction.

(1)A certificate signed by the Registrar and stating that, on any date—

(a)a person’s name was, or was not, in the register,

(b)the entry of a person’s name was made in the register or a person’s name was removed from it,

[^F70 (ba)a person's registration was, or was not, suspended,^F70]

(c)a person was, or was not, the holder of a current licence under section 129 of the Road Traffic Act 1988, or

(d)a licence under that section granted to a person came into force or ceased to be in force,

shall be evidence, and in Scotland sufficient evidence, of the facts stated in the certificate in pursuance of this section.

(2)A certificate so stating and purporting to be signed by the Registrar shall be deemed to be so signed unless the contrary is proved.

(3) ^M13 In this section “ current licence ”, “ Registrar ” and “ register ” have the same meanings as in Part V of the Road Traffic Act 1988 .

19 Evidence of disqualification in Scotland. _cross-notes

[^F71 (1)^F71] In any proceedings in Scotland for an offence under section 103(1)(b) of the Road Traffic Act 1988 (driving while disqualified) a conviction or extract conviction—

(a)of which a copy has been served on the accused not less than fourteen days before his trial,

(b)which purports to be signed by the clerk of court, and

(c)which shows that the person named in it is disqualified for holding or obtaining a licence,

shall be sufficient evidence of the application of that disqualification to the accused, unless not [^F72more than seven days after the date of service of the copy^F72] he serves notice on the prosecutor that he denies that it applies to him.

[^F73 (2)A copy of a conviction or extract conviction served on the accused under subsection (1) above shall be served in such manner as may be prescribed by Act of Adjournal, and a written execution purporting to be signed by the person who served such copy conviction or extract conviction together with, where appropriate, the relevant post office receipt shall be sufficient evidence of service of such a copy.^F73]

[^F7420 Speeding offences etc : admissibility of certain evidence. _cross-notes

(1)Evidence (which in Scotland shall be sufficient evidence) of a fact relevant to proceedings for an offence to which this section applies may be given by the production of—

(a)a record produced by a prescribed device, and

(b)(in the same or another document) a certificate as to the circumstances in which the record was produced signed by a constable or by a person authorised by or on behalf of the chief officer of police for the police area in which the offence is alleged to have been committed;

but subject to the following provisions of this section.

(2)This section 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;

[^F75 (ba)an offence under subsection (4) of section 17 of that Act consisting in a contravention of regulation 9 of the Motorways Traffic (England and Wales) Regulations 1982 (restriction on the use of hard shoulders) by the driving of a vehicle on the hard shoulder of a motorway;^F75]

[^F76 (bb)an offence under subsection (4) of section 17 of that Act consisting in a contravention of article [^F77 2(1) or 3(2)^F77] of the Heavy Commercial Vehicles in Kent (No. 3) Order 2019 (prohibited use of the [^F78 M20 and M2 Motorways^F78] in Kent by the driver of a heavy commercial vehicle);

(bc)an offence under subsection (5) of section 20 of that Act consisting in a contravention of article ^F79... 3(1) or 4(1) of the Heavy Commercial Vehicles in Kent (No. 2) Order 2019 (prohibited use of local roads in Kent by the driver of a heavy commercial vehicle);^F76]

(c)an offence under section 88(7) of that Act (temporary minimum speed limits);

(d)an offence under section 89(1) of that Act (speeding offences generally);

(e)an offence under section 36(1) of the Road Traffic Act 1988 consisting in the failure to comply with an indication given by a light signal that vehicular traffic is not to proceed.

[^F80 (ea)an offence under section 36(1) of that Act consisting in the failure to comply with an indication given by a light signal to vehicular traffic not to enter, or proceed in, a traffic lane;^F80]

[^F81 (f)an offence under Part I or II of the Road Traffic Regulation Act 1984 of contravening or failing to comply with an order or regulations made under either of those Parts relating to the use of an area of road which is described as a bus lane or a route for use by buses only.^F81]

[^F82 (g)an offence under section 29(1) of the Vehicle Excise and Registration Act 1994 ^F83 (using or keeping an unlicensed vehicle on a public road).^F82]

[^F84 (h)an offence under section 11(1) of the HGV Road User Levy Act 2013 (using or keeping heavy goods vehicle if levy not paid).^F84]

[^F85 (i)an offence under article 2(6)(b) of the Heavy Commercial Vehicles in Kent (No. 1) Order 2019 (contravention of a direction given by a traffic officer).^F85]

(3)The Secretary of State may by order amend subsection (2) above by making additions to or deletions from the list of offences for the time being set out there; and an order under this subsection may make such transitional provision as appears to him to be necessary or expedient.

(4)A record produced or measurement made by a prescribed device shall not be admissible as evidence of a fact relevant to proceedings for an offence to which this section applies unless—

(a)the device is of a type approved by the Secretary of State, and

(b)any conditions subject to which the approval was given are satisfied.

(5)Any approval given by the Secretary of State for the purposes of this section may be given subject to conditions as to the purposes for which, and the manner and other circumstances in which, any device of the type concerned is to be used.

(6)In proceedings for an offence to which this section applies, evidence (which in Scotland shall be sufficient evidence)—

(a)of a measurement made by a device, or of the circumstances in which it was made, or

(b)that a device was of a type approved for the purposes of this section, or that any conditions subject to which an approval was given were satisfied,

may be given by the production of a document which is signed as mentioned in subsection (1) above and which, as the case may be, gives particulars of the measurement or of the circumstances in which it was made, or states that the device was of such a type or that, to the best of the knowledge and belief of the person making the statement, all such conditions were satisfied.

(7)For the purposes of this section a document purporting to be a record of the kind mentioned in subsection (1) above, or to be a certificate or other document signed as mentioned in that subsection or in subsection (6) above, shall be deemed to be such a record, or to be so signed, unless the contrary is proved.

(8)Nothing in subsection (1) or (6) above makes a document admissible as evidence in proceedings for an offence unless a copy of it has, not less than seven days before the hearing or trial, been served on the person charged with the offence; and nothing in those subsections makes a document admissible as evidence of anything other than the matters shown on a record produced by a prescribed device if that person, not less than three days before the hearing or trial or within such further time as the court may in special circumstances allow, serves a notice on the prosecutor requiring attendance at the hearing or trial of the person who signed the document.

[^F86 (8A) [^F87 Where the proceedings for an offence to which this section applies are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect as if in subsection (8) the words from “and nothing” to the end of the subsection were omitted. ^F87,F86]]

^F88 (8A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) In this section “ prescribed device ” means device of a description specified in an order made by the Secretary of State.

(10)The powers to make orders under subsections (3) and (9) above shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.^F74]

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

(1)In any proceedings in Scotland for an offence to which this subsection applies the accused may be convicted on the evidence of one witness.

(2)Subsection (1) above applies to any offence created by or under an enactment and punishable on summary conviction, being an offence committed in respect of a vehicle—

(a)by its being on a road during the hours of darkness without the lights or reflectors required by law, or

(b)by its obstructing a road, or waiting, or being left or parked, or being loaded or unloaded, in a road, or

(c)by the non-payment of a charge made at a street parking place, or

(d)^M14by its being used in contravention of any provision of an order made or having effect as if made under section 1 or 9 of the Road Traffic Regulation Act 1984, being a provision—

(i)as to the route to be followed by vehicles of the class to which that vehicle belongs, or

(ii)as to roads or parts of carriageways which are not to be used for traffic by such vehicles, or

(iii)as to the places where such vehicles may not turn so as to face in the opposite direction to that in which they were proceeding or as to the conditions under which such vehicles may so turn, or

^F89 (e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F89 (f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)^M15Subsection (1) above also applies to any offence under section 35 [^F90,36 or 172.^F90] of the Road Traffic Act 1988.

(4)In subsection (2) above—

• “ hours of darkness ” means the time between half-an-hour after sunset and half-an-hour before sunrise, and

• “ street parking place ” means a parking place on land which forms part of a road.

(5)References in subsection (2) above to a class of vehicles are to be interpreted as references to a class defined or described by reference to any characteristics of the vehicles or to any other circumstances whatsoever.

22 Notification of disability. _cross-notes

(1)If in any proceedings for an offence committed in respect of a motor vehicle it appears to the court that the accused may be suffering from any relevant disability or prospective disability (within the meaning of Part III of the Road Traffic Act 1988) the court must notify the Secretary of State.

(2)A notice sent by a 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 determine.

Verdict

23 Alternative verdicts in Scotland.

(1)If on the trial on indictment in Scotland of a person for culpable homicide in connection with the driving of a [^F91 mechanically propelled vehicle^F91] by him the jury are not satisfied that he is guilty of culpable homicide but are satisfied that he is guilty of [^F92any of the relevant offences^F92] , they may find him guilty of that offence.

[^F93 (1A)For the purposes of subsection (1) above the following are the relevant offences—

(a)an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving),

[^F94 (aa)an offence under section 1A of that Act (causing serious injury by dangerous driving),^F94]

(b)an offence under section 2 of that Act (dangerous driving), and

(c)an offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).^F93]

^F95 (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If on the trial on indictment in Scotland of a person for stealing a motor vehicle the jury are not satisfied that he is guilty of stealing the motor vehicle but are satisfied that he is guilty of an offence under section 178 of that Act (taking motor vehicle without authority etc.), they may find him guilty of an offence under that section.

[^F96 24 Alternative verdicts: general.

[^F97 (A1)Where—

(a)a person charged with manslaughter in connection with the driving of a mechanically propelled vehicle by him is found not guilty of that offence, but

(b)the allegations in the indictment amount to or include an allegation of any of the relevant offences,

he may be convicted of that offence.

(A2)For the purposes of subsection (A1) above the following are the relevant offences—

(a)an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving),

[^F98 (aa)an offence under section 1A of that Act (causing serious injury by dangerous driving),^F98]

(b)an offence under section 2 of that Act (dangerous driving),

[^F99 (ba)an offence under section 3ZC of that Act (causing death by driving: disqualified drivers),

(bb)an offence under section 3ZD of that Act (causing serious injury by driving: disqualified drivers),^F99]

(c)an offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs), and

(d)an offence under section 35 of the Offences against the Person Act 1861 (furious driving).^F97]

(1)Where—

(a)a person charged with an offence under a provision of the Road Traffic Act 1988 specified in the first column of the Table below (where the general nature of the offences is also indicated) is found not guilty of that offence, but

(b)the allegations in the indictment or information (or in Scotland complaint) amount to or include an allegation of an offence under one or more of the provisions specified in the corresponding entry in the second column,

he may be convicted of that offence or of one or more of those offences.

(2)Where the offence with which a person is charged is an offence under section 3A of the Road Traffic Act 1988, subsection (1) above shall not authorise his conviction of any offence of attempting to drive.

(3)Where a person is charged with having committed an offence under section 4(1) [^F109 , 5(1)(a) or 5A(1)(a) and (2)^F109] of the Road Traffic Act 1988 by driving a vehicle, he may be convicted of having committed an offence under the provision in question by attempting to drive.

(4)Where by virtue of this section a person is convicted before the Crown Court of an offence triable only summarily, the court shall have the same powers and duties as a magistrates’ court would have had on convicting him of that offence.

(5)Where, in Scotland, by virtue of this section a person is convicted under solemn procedure of an offence triable only summarily, the penalty imposed shall not exceed that which would have been competent on a conviction under summary procedure.

(6)This section has effect without prejudice to section 6(3) of the Criminal Law Act 1967 (alternative verdicts on trial on indictment), [^F110 sections 295, 138(4), 256 and 293 of and Schedule 3 to the Criminal Procedure (Scotland) Act 1995^F110] and section 23 of this Act.^F96]

After conviction

25 Information as to date of birth and sex. _cross-notes

(1)^M16If on convicting a person of an offence involving obligatory or discretionary disqualification or of such other offence as may be prescribed by regulations under section 105 of the Road Traffic Act 1988 the court does not know his date of birth, the court must order him to give that date to the court in writing.

(2)If a court convicting a person of such an offence in a case where—

(a)^M17,M18notification has been given [^F111to [^F112 the designated officer for a magistrates' court^F112] in pursuance of section 12(4)^F111] of the Magistrates’ Courts Act 1980 (written pleas of guilty), or written intimation of a plea of guilty has been given in pursuance of section 334(3) of the Criminal Procedure (Scotland) Act 1975, and

(b)the notification or intimation did not include a statement of the person’s sex,

does not know the person’s sex, the court must order the person to give that information to the court in writing.

(3)A person who knowingly fails to comply with an order under subsection (1) or (2) above is guilty of an offence.

^F113 (4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Where a person has given his date of birth in accordance with this section or section 8 of this Act, the Secretary of State may serve on that person a notice in writing requiring him to provide the Secretary of State—

(a)with such evidence in that person’s possession or obtainable by him as the Secretary of State may specify for the purpose of verifying that date, and

(b)if his name differs from his name at the time of his birth, with a statement in writing specifying his name at that time.

(6)A person who knowingly fails to comply with a notice under subsection (5) above is guilty of an offence.

(7)A notice to be served on any person under subsection (5) above may be served on him

[^F114 (a)if the conviction was in England and Wales, in accordance with Criminal Procedure Rules, or

(b)^M19if the conviction was elsewhere,^F114] by delivering it to him or by leaving it at his proper address or by sending it to him by post; and for the purposes of [^F115this paragraph^F115] and section 7 of the Interpretation Act 1978 in its application to [^F115this paragraph^F115] the proper address of any person shall be his latest address as known to the person serving the notice.

[^F11626 Interim disqualification. _cross-notes

(1)Where a magistrates’ court—

(a)commits an offender to the Crown Court under [^F117 section 20 of the Sentencing Code or any enactment mentioned in subsection (1) of that section^F117] , or

(b)remits an offender to another magistrates’ court under [^F118 section 28 of that Code^F118] ,

to be dealt with for an offence involving obligatory or discretionary disqualification, it may order him to be disqualified until he has been dealt with in respect of the offence.

(2)Where a court in England and Wales—

(a)defers passing sentence on an offender under [[^F119,F120 Chapter 1 of Part 2^F120] of that Act^F119] in respect of an offence involving obligatory or discretionary disqualification, or

(b)adjourns after convicting an offender of such an offence but before dealing with him for the offence,

it may order the offender to be disqualified until he has been dealt with in respect of the offence.

(3)Where a court in Scotland—

(a)adjourns a case under section 179 or section 380 of the Criminal Procedure (Scotland) Act 1975 (for inquiries to be made or to determine the most suitable method of dealing with the offender);

(b)remands a person in custody or on bail under section 180 or section 381 of the Criminal Procedure (Scotland) Act 1975 (to enable a medical examination and report to be made);

(c)defers sentence under section 219 or section 432 of the Criminal Procedure (Scotland) Act 1975;

(d)remits a convicted person to the High Court for sentence under section 104 of the Criminal Procedure (Scotland) Act 1975,

in respect of an offence involving obligatory or discretionary disqualification, it may order the accused to be disqualified until he has been dealt with in respect of the offence.

(4)Subject to subsection (5) below, an order under this section shall cease to have effect at the end of the period of six months beginning with the day on which it is made, if it has not ceased to have effect before that time.

(5)In Scotland, where a person is disqualified under this section where section 219 or section 432 of the Criminal Procedure (Scotland) Act 1975 (deferred sentence) applies and the period of deferral exceeds 6 months, subsection (4) above shall not prevent the imposition under this section of any period of disqualification which does not exceed the period of deferral.

(6) Where a court orders a person to be disqualified under this section (“the first order”), no court shall make a further order under this section in respect of the same offence or any offence in respect of which an order could have been made under this section at the time the first order was made.

(7)Where a court makes an order under this section in respect of any person it must—

(a)require him to produce to the court any licence held by him ^F121..., and

(b)retain the licence ^F122... until it deals with him or (as the case may be) cause [^F123 it^F123] to be sent to the [^F124 proper officer^F124] of the court which is to deal with him.

[[^F125,F126 (7A) ^F126] In subsection (7) above “ proper officer ” means—

(a)in relation to a magistrates’ court in England and Wales, the [^F127 designated officer^F127] for the court, and

(b)in relation to any other court, the clerk of the court.^F125]

(8)If the holder of the licence ^F128... does not produce the licence ^F129...as required under subsection (7) above, then he is guilty of an offence.

(9)Subsection (8) above does not apply to a person who—

(a)satisfies the court that he has applied for a new licence and has not received it^F130...

^F131 (b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)Where a court makes an order under this section in respect of any person, sections 44(1) and [^F132 , 47(2)^F132] [^F133 , 91ZA(7) and 91A(5) of this Act^F133] shall not apply in relation to the order, but—

(a)the court must send notice of the order to the Secretary of State, and

(b)if the court which deals with the offender determines not to order him to be disqualified under section 34 or 35 of this Act, it must send notice of the determination to the Secretary of State.

(11)A notice sent by a court to the Secretary of State in pursuance of subsection (10) above must be sent in such manner and to such address and contain such particulars as the Secretary of State may determine.

(12)Where on any occasion a court deals with an offender—

(a)for an offence in respect of which an order was made under this section, or

(b)for two or more offences in respect of any of which such an order was made,

any period of disqualification which is on that occasion imposed under section 34 or 35 of this Act shall be treated as reduced by any period during which he was disqualified by reason only of an order made under this section in respect of any of those offences.

(13)Any reference in this or any other Act (including any Act passed after this Act) to the length of a period of disqualification shall, unless the context otherwise requires, be construed as a reference to its length before any reduction under this section.

^F134 (14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .^F116]

Part II Sentence

Introductory

27 Production of licence. _cross-notes

[^F135 (1)Where—

(a)a person who is the holder of a licence is convicted of an offence involving obligatory or discretionary disqualification, and

(b)a court proposes to make, or makes, an order disqualifying the person,

the court may require the licence to be produced to it.^F135]

^F136 (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)^F137,F138If the holder of the licence ... does not produce it ... as required [^F139under this section or [^F140 section 40 of the Crime (Sentences) Act 1997, section 146 or 147 of the Powers of Criminal Courts (Sentencing) Act 2000^F140] or section 223A or 436A of the Criminal Procedure (Scotland) Act 1975^F139][^F141 , or if the holder of the license does not produce it ^F138...as required by section 40B of the ^M20Child Support Act 1991, then,^F141] unless he satisfies the court that he has applied for a new licence and has not received it—

(a)he is guilty of an offence, and

(b)[^F142 unless the licence is already treated as being revoked under section 37(1),^F142] the licence shall be suspended from the time when its production was required until [^F143it ^F138... [^F144 is produced^F144] to the court and shall, while suspended, be of no effect.^F143]

^F145 (4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F146 (4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F147 (5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14828 Penalty points to be attributed to an offence. _cross-notes

(1)Where a person is convicted of an offence involving obligatory endorsement, then, subject to the following provisions of this section, the number of penalty points to be attributed to the offence is—

(a)the number shown in relation to the offence in the last column of Part I or Part II of Schedule 2 to this Act, or

(b)where a range of numbers is shown, a number within that range.

(2)Where a person is convicted of an offence committed by aiding, abetting, counselling or procuring, or inciting to the commission of, an offence involving obligatory disqualification, then, subject to the following provisions of this section, the number of penalty points to be attributed to the offence is ten.

[^F149 (3)For the purposes of sections [^F150 57A(6)^F150] [^F151 and 77A(8)^F151] of this Act, the number of penalty points to be attributed to an offence is—

(a) where both a range of numbers and a number followed by the words “(fixed penalty)” is shown in the last column of Part 1 of Schedule 2 to this Act in relation to the offence, that number,

(b) where a range of numbers followed by the words “or appropriate penalty points (fixed penalty)” is shown there in relation to the offence, the appropriate number of penalty points for the offence, and

(c)where only a range of numbers is shown there in relation to the offence, the lowest number in the range.

(3A)For the purposes of subsection (3)(b) above the appropriate number of penalty points for an offence is such number of penalty points as the Secretary of State may by order made by statutory instrument prescribe.

(3B)An order made under subsection (3A) above in relation to an offence may make provision for the appropriate number of penalty points for the offence to be different depending on the circumstances, including (in particular)—

(a)the nature of the contravention or failure constituting the offence,

(b)how serious it is,

(c)the area, or sort of place, where it takes place, and

(d)whether the offender appears to have committed any offence or offences of a description specified in the order during a period so specified.^F149]

(4)Where a person is convicted (whether on the same occasion or not) of two or more offences committed on the same occasion and involving obligatory endorsement, the total number of penalty points to be attributed to them is the number or highest number that would be attributed on a conviction of one of them (so that if the convictions are on different occasions the number of penalty points to be attributed to the offences on the later occasion or occasions shall be restricted accordingly).

(5)In a case where (apart from this subsection) subsection (4) above would apply to two or more offences, the court may if it thinks fit determine that that subsection shall not apply to the offences (or, where three or more offences are concerned, to any one or more of them).

(6)Where a court makes such a determination it shall state its reasons in open court and, if it is a magistrates’ court, or in Scotland a court of summary jurisdiction, shall cause them to be entered in the register (in Scotland, record) of its proceedings.

(7)The Secretary of State may by order made by statutory instrument—

(a)alter a number or range of numbers shown in relation to an offence in the last column of Part I or Part II of Schedule 2 to this Act (by substituting one number or range for another, a number for a range, or a range for a number),

(b) where a range of numbers is shown in relation to an offence in the last column of Part I, add or delete a number together with the words “(fixed penalty)” [^F152 or the words “or appropriate penalty points (fixed penalty)” ^F152] ,

[^F153 (ba) substitute the words “or appropriate penalty points (fixed penalty)” for a number together with the words “(fixed penalty)”, or substitute a number together with the words “(fixed penalty)” for the words “or appropriate penalty points (fixed penalty)”, in relation to an offence in the last column of Part 1 or 2, ^F153] and

(c)alter the number of penalty points shown in subsection (2) above;

and an order under this subsection may provide for different numbers or ranges of numbers to be shown in relation to the same offence committed in different circumstances.

(8) Where the Secretary of State exercises his power under subsection (7) above by substituting or adding a number which appears together with the words “(fixed penalty)”, that number shall not exceed the lowest number in the range shown in the same entry.

[^F154 (8A)Before making any order under subsection (3A) above the Secretary of State must consult with such representative organisations as he thinks fit.^F154]

(9)No order shall be made under [^F155 this section^F155] unless a draft of it has been laid before and approved by resolution of each House of Parliament.

^F15629 Penalty points to be taken into account on conviction. _cross-notes

(1)Where a person is convicted of an offence involving obligatory endorsement, the penalty points to be taken into account on that occasion are (subject to subsection (2) below)—

(a)any that are to be attributed to the offence or offences of which he is convicted disregarding any offence in respect of which an order under section 34 of this Act is made, and

(b)any that were on a previous occasion ordered to be endorsed on ^F157...[^F158 his driving record^F158] , unless the offender has since that occasion and before the conviction been disqualified under section 35 of this Act.

(2)If any of the offences was committed more than three years before another, the penalty points in respect of that offence shall not be added to those in respect of the other.

^F159 (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[^F160 (1)Sections 28 and 29 of this Act shall have effect subject to this section in any case where—

(a)a person is convicted of an offence involving [^F161 obligatory endorsement^F161] , and

(b) the court is satisfied that ^F162 ... [^F163 his driving record ^F163] has been or is liable to be endorsed under section [^F164 57A ^F164] [^F165 or 77A ^F165] of this Act in respect of an offence (referred to in this section as the “ connected offence ”) committed on the same occasion as the offence of which he is convicted.

(2)^F166 . . . the number of penalty points to be attributed to the offence of which he is convicted is—

(a)the number of penalty points to be attributed to that offence under section [^F167 28^F167] of this Act apart from this section, less

(b)the number of penalty points required to be endorsed ^F168...[^F169 on his driving record^F169] under section [^F170 57A^F170] [^F171 or 77A^F171] of this Act in respect of the connected offence [^F172 (except so far as they have already been deducted by virtue of this paragraph)^F172] .

^F173 (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .^F160]

31 ^F174 Court may take particulars endorsed ... into consideration. _cross-notes

[^F175 (1)Where a person is convicted of an offence involving obligatory or discretionary disqualification—

(a)any existing endorsement on ^F176... his driving record is prima facie evidence of the matters endorsed, and

(b)the court may, in determining what order to make in pursuance of the conviction, take those matters into consideration.^F175]

(2)This section has effect notwithstanding anything in [^F177section 166(1) to (6) of the Criminal Procedure (Scotland) Act 1995^F177] (requirements as to notices of penalties and previous convictions).

^F17832 In Scotland, court may take extract from licensing records into account.

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

Fine and imprisonment

33 Fine and imprisonment.

(1)Where a person is convicted of an offence against a provision of the Traffic Acts specified in column 1 of Part I of Schedule 2 to this Act or regulations made under any such provision, the maximum punishment by way of fine or imprisonment which may be imposed on him is that shown in column 4 against the offence and (where appropriate) the circumstances or the mode of trial there specified.

(2)Any reference in column 4 of that Part to a period of years or months is to be construed as a reference to a term of imprisonment of that duration.

[^F17933A Forfeiture of vehicles: Scotland.

(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.^F179]

Disqualification

34 Disqualification for certain offences. _cross-notes

(1)Where a person is convicted of an offence involving obligatory disqualification, the court must order him to be disqualified for such period not less than twelve months as the court thinks fit unless the court for special reasons thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified.

[^F180 (1A)Where a person is convicted of an offence under section 12A of the Theft Act 1968 (aggravated vehicle-taking), the fact that he did not drive the vehicle in question at any particular time or at all shall not be regarded as a special reason for the purposes of subsection (1) above.^F180]

[^F181 (2)Where a person is convicted of an offence involving discretionary disqualification, and either—

(a)the penalty points to be taken into account on that occasion number fewer than twelve, or

(b)the offence is not one involving obligatory endorsement,

the court may order him to be disqualified for such period as the court thinks fit.^F181]

(3)^M21Where a person convicted of an offence under any of the following provisions of the Road Traffic Act 1988, that is—

[^F182 (aa)section 3A (causing death by careless driving when under the influence of drink or drugs),^F182]

(a)section 4(1) (driving or attempting to drive while unfit),

(b)^F183section 5(1)(a) (driving or attempting to drive with excess alcohol), . . .

[^F184 (ba)section 5A(1)(a) and (2) (driving or attempting to drive with concentration of specified controlled drug above specified limit),^F184]

(c)section 7(6) (failing to provide a specimen) where that is an offence involving obligatory disqualification,

[^F185 (d)section 7A(6) (failing to allow a specimen to be subjected to laboratory test) where that is an offence involving obligatory disqualification;^F185]

has within the ten years immediately preceding the commission of the offence [^F186 (“the new offence”) ^F186] been convicted of any such offence, subsection (1) above shall apply in relation to him as if the reference to twelve months were a reference to [^F187 the period specified in subsection (3A) ^F187] .

[^F188 (3A)The period is—

(a)six years, where—

(i)an offence of which the person was convicted within the ten years mentioned in subsection (3) falls within paragraph (aa) of that subsection, and

(ii)the new offence also falls within that paragraph;

(b)in any other case (but subject to subsection (4ZA)), three years.^F188]

[^F189 (4)Subject to subsection (3) above [^F190 and subsection (4ZA) below^F190] , subsection (1) above shall apply as if the reference to twelve months were a reference to two years—

(a)in relation to a person convicted of—

(i)manslaughter, or in Scotland culpable homicide, or

^F191 (ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F192 (iia)an offence under section 1A of [^F193 the Road Traffic Act 1988^F193] (causing serious injury by dangerous driving), or^F192]

[^F194 (iib)an offence under section 3ZC of that Act (causing death by driving: disqualified drivers), or

(iic)an offence under section 3ZD of that Act (causing serious injury by driving: disqualified drivers), ^F195...^F194]

^F195 (iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(b)in relation to a person on whom more than one disqualification for a fixed period of 56 days or more has been imposed within the three years immediately preceding the commission of the offence.

[^F196 (4ZA)Subsection (1) shall apply as if the reference to twelve months were a reference to five years in relation to a person convicted of—

(a)an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving), or

(b)an offence under section 3A of that Act (causing death by careless driving when under the influence of drink or drugs),

but this is subject to subsection (3) in cases within paragraph (a) of subsection (3A).^F196]

(4A)For the purposes of subsection (4)(b) above there shall be disregarded any disqualification imposed under section 26 of this Act or [^F197 section 147 of the Powers of Criminal Courts (Sentencing) Act 2000^F197] [^F198 or section 164 of the Sentencing Code^F198] or section 223A or 436A of the Criminal Procedure (Scotland) Act 1975 (offences committed by using vehicles) and any disqualification imposed in respect of an offence of stealing a motor vehicle, an offence under section 12 or 25 of the Theft Act 1968, an offence under section 178 of the Road Traffic Act 1988, or an attempt to commit such an offence.^F189]

[^F199 (4AA)For the purposes of subsection (4)(b), a disqualification is to be disregarded if the period of disqualification would have been less than 56 days but for an extension period added pursuant to—

(a)section 35A or 35C,

(b)section 248D of the Criminal Procedure (Scotland) Act 1995, or

(c)section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 [^F200 or section 166 of the Sentencing Code^F200] .^F199]

[^F201 (4B) Where a person convicted of an offence under section 40A of the Road Traffic Act 1988 (using vehicle in dangerous condition etc. ) has within the three years immediately preceding the commission of the offence been convicted of any such offence, subsection (1) above shall apply in relation to him as if the reference to twelve months were a reference to six months.^F201]

(5)The preceding provisions of this section shall apply in relation to a conviction of an offence committed by aiding, abetting, counselling or procuring, or inciting to the commission of, an offence involving obligatory disqualification as if the offence were an offence involving discretionary disqualification.

[^F202 (5A)In relation to Scotland, references in this section to the court include the [^F203 justice of the peace court^F203] .^F202]

(6)This section is subject to section 48 of this Act.

[^F20434A Reduced disqualification period for attendance on courses. _cross-notes

(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.^F204]

[^F20434B Certificates of completion of courses. _cross-notes

(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.^F204]

[^F20434BA Approval of courses

(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 [^F205 First-tier Tribunal^F205] 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.^F204]

[^F20434C Provisions supplementary to sections 34A and 34B. _cross-notes

(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—

  (a)

  in relation to a magistrates' court in England and Wales, the designated officer for the court, and

  (b)

  otherwise, 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—

  (a)

  in England and Wales, a magistrates' court acting for the local justice area in which the offender resides, and

  (b)

  in 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—

  (a)

  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, and

  (b)

  in 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.^F204]

35 Disqualification for repeated offences. _cross-notes

(1)Where—

(a)a person is convicted of an offence [^F206to which this subsection applies^F206] , and

(b)the penalty points to be taken into account on that occasion number twelve or more,

the court must order him to be disqualified for not less than the minimum period unless the court is satisfied, having regard to all the circumstances, that there are grounds for mitigating the normal consequences of the conviction and thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified.

[^F207 (1A)Subsection (1) above applies to—

(a)an offence involving discretionary disqualification and obligatory endorsement, and

(b)an offence involving obligatory disqualification in respect of which no order is made under section 34 of this Act.^F207]

(2)The minimum period referred to in subsection (1) above is—

(a)six months if no previous disqualification imposed on the offender is to be taken into account, and

(b)one year if one, and two years if more than one, such disqualification is to be taken into account;

and a previous disqualification imposed on an offender is [^F208, subject to subsection (2A),^F208] to be taken into account if it [^F209was for a fixed period of 56 days or more and was imposed^F209] within the three years immediately preceding the commission of the latest offence in respect of which penalty points are taken into account under section 29 of this Act.

[^F210 (2A)A previous disqualification imposed on an offender for a fixed period is not to be taken into account for the purposes of subsection (2) if that period would have been less than 56 days but for an extension period added pursuant to—

(a)section 35A or 35C,

(b)section 248D of the Criminal Procedure (Scotland) Act 1995, or

(c)section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 [^F211 or section 166 of the Sentencing Code^F211] .^F210]

(3)Where an offender is convicted on the same occasion of more than one offence [^F212to which subsection (1) above applies^F212] —

(a)not more than one disqualification shall be imposed on him under subsection (1) above,

(b)in determining the period of the disqualification the court must take into account all the offences, and

(c)for the purposes of any appeal any disqualification imposed under subsection (1) above shall be treated as an order made on the conviction of each of the offences.

(4)No account is to be taken under subsection (1) above of any of the following circumstances—

(a)any circumstances that are alleged to make the offence or any of the offences not a serious one,

(b)hardship, other than exceptional hardship, or

(c)any circumstances which, within the three years immediately preceding the conviction, have been taken into account under that subsection in ordering the offender to be disqualified for a shorter period or not ordering him to be disqualified.

(5)References in this section to disqualification do not include a disqualification imposed under section 26 of this Act or [^F213section 147 of the Powers of Criminal Courts (Sentencing) Act 2000^F213][^F214 or section 164 of the Sentencing Code^F214][^F215 or section 223A or 436A of the Criminal Procedure (Scotland) Act 1975 (offences committed by using vehicles) or a disqualification imposed in respect of an offence of stealing a motor vehicle, an offence under section 12 or 25 of the Theft Act 1968, an offence under section 178 of the Road Traffic Act 1988, or an attempt to commit such an offence^F215] .

[^F216 (5A)The preceding provisions of this section shall apply in relation to a conviction of an offence committed by aiding, abetting, counselling, procuring, or inciting to the commission of, an offence involving obligatory disqualification as if the offence were an offence involving discretionary disqualification.^F216]

(6)In relation to Scotland, references in this section to the court include the [^F217justice of the peace court^F217] .

(7)This section is subject to section 48 of this Act.

[^F21835A Extension of disqualification where custodial sentence also imposed _cross-notes

(1)This section applies where a person is convicted in England and Wales of an offence for which the court—

(a)imposes a custodial sentence, and

(b)orders the person to be disqualified under section 34 or 35.

(2)The order under section 34 or 35 must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period.

(3)The discretionary disqualification period is the period for which, in the absence of this section, the court would have disqualified the person under section 34 or 35.

(4)The appropriate extension period is—

(a)where an order under [^F219 section 321(2) of the Sentencing Code (life sentence: minimum term order)^F219] is made in relation to the custodial sentence, a period equal to the part of the sentence specified in that order;

(b)in the case of a detention and training order [^F220 within the meaning given by section 233 of that Code^F220] (offenders under 18: detention and training orders), a period equal to half the term of that order;

^F221 (c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F221 (d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)where [^F222 section 266 or 279 of that Code^F222] (extended sentence for certain violent [^F223 , sexual or terrorism^F223] offences: persons 18 or over) applies in relation to the custodial sentence, [^F224 but the sentence is not within section 247A(2A) of the Criminal Justice Act 2003 (sentences for terrorist offenders in respect of which no early release possible),^F224] a period equal to [^F225 two-thirds of^F225] the term imposed pursuant to [^F226 section 266(a) or 279(a) of that Code^F226] ^F227 ...;

(f)where [^F228 section 254 of that Code^F228] (extended sentence for certain violent [^F229 , sexual or terrorism^F229] offences: persons under 18) applies in relation to the custodial sentence, [^F230 but the sentence is not within section 247A(2A) of the Criminal Justice Act 2003,^F230] a period equal to [^F231 two-thirds of^F231] the term imposed pursuant to [^F232 section 254(a) of that Code^F232] ^F227 ...;

[^F233 (fza)in a case that would fall within paragraph (e) or (f) but for the fact that the custodial sentence falls within section 247A(2A) of the Criminal Justice Act 2003, a period equal to the term imposed under section 266(a) or 279(a) or (as the case may be) section 254(a) of the Sentencing Code;^F233]

[^F234 (fa)in the case of a sentence under [^F235 section [^F236 252A,^F236] 265 or 278 of that Code^F235] (special custodial sentence for certain offenders of particular concern), a period equal to [^F237 two-thirds^F237] of the term imposed pursuant to [^F238 section [^F239 252A(4)(a),^F239] 265(2)(a) or 278(2)(a) of that Code^F238] ;^F234]

[^F240 (fb)in the case of a sentence under section 268A or 282A of that Code (serious terrorism sentences), a period equal to the term imposed by the court pursuant to section 268C(2) or 282C(2) of that Code;

(fc)in the case of a sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender [^F241 , a period equal to two-thirds of the sentence;^F241] [^F241 —

(i)where the sentence falls within subsection (4) or (5) of that section, a period equal to one-half of the sentence;

(ii)where the sentence falls within subsection (6) of that section, a period equal to two-thirds of the sentence;^F241]

(fd)in any other case where section 247A of the Criminal Justice Act 2003 applies to the offender in respect of the custodial sentence, a period equal to two-thirds of the sentence;^F240]

[^F242 (fe)in the case of any other sentence under section 250 of the Sentencing Code, a period equal to one-half of the sentence;^F242]

^F243 (g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)in any other case, a period equal to [^F244 half^F244] [^F244 one-third of^F244] the custodial sentence imposed ^F245....

(5)If a period determined under subsection (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days.

^F246 (6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)This section does not apply where—

(a)the custodial sentence was a suspended sentence, [^F247 or^F247]

[^F248 (b)the court has made a whole life order under section 321(3) of the Sentencing Code in relation to the custodial sentence.^F248]

(8) Subsection (9) applies where an amending order provides that the proportion of a prisoner's sentence referred to in section [^F249 243A(3)(a), ^F249] 244(3)(a) [^F250 or (aa) or section 244ZA(8)(a) or (aa) ^F250] ^F251 ... of the Criminal Justice Act 2003 (release of prisoners in certain circumstances) is to be read as a reference to another proportion (“the new proportion”).

(9)The Secretary of State may by order—

[^F252 (za)if the amending order makes provision in respect of section 244ZA(8)(a) or (aa) of that Act, provide that the proportion specified in subsection (4)(fc)(i) or (ii) of this section is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion;

(zb)if the amending order makes provision in respect of section 243A(3)(a) or 244(3)(a) of that Act, provide that the proportion specified in subsection (4)(fe) of this section is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion;^F252]

(a)if the amending order makes provision in respect of section [[^F253,F254 243A(3)(a) or^F254] 244(3)(a)^F253] [^F253 244(3)(aa)^F253] of that Act, provide that the proportion specified in subsection (4)(h) of this section is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion;

^F255 (b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)An order under subsection (9) is to be made by statutory instrument and a draft of the statutory instrument containing the order must be laid before, and approved by a resolution of, each House of Parliament.

(11)In this section—

• “ amending order ” means an order under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence) ;

• “ custodial sentence ” has the meaning given by [^F256 section 222 of the Sentencing Code ^F256] ;

• “ suspended sentence ” has the meaning given by [^F257 section 286 of the Sentencing Code ^F257] .

35B Effect of custodial sentence in other cases

(1)This section applies where a person is convicted in England and Wales of an offence for which a court proposes to order the person to be disqualified under section 34 or 35 and—

(a)the court proposes to impose on the person a custodial sentence (other than a suspended sentence) for another offence, or

(b)at the time of sentencing for the offence, a custodial sentence imposed on the person on an earlier occasion has not expired.

(2)In determining the period for which the person is to be disqualified under section 34 or 35, the court must have regard to the consideration in subsection (3) if and to the extent that it is appropriate to do so.

(3)The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a custodial sentence.

(4)If the court proposes to order the person to be disqualified under section 34 or 35 and to impose a custodial sentence for the same offence, the court may not in relation to that disqualification take that custodial sentence into account for the purposes of subsection (2).

(5) In this section “ custodial sentence ” and “ suspended sentence ” have the same meaning as in section 35A. ^F218]

[^F25835C Extension of disqualification where sentence of imprisonment also imposed: Scotland _cross-notes

(1)This section applies where a person is convicted in Scotland of an offence for which the court—

(a)imposes a sentence of imprisonment, and

(b)orders the person to be disqualified under section 34 or 35.

(2)The order under section 34 or 35 must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period.

(3)The discretionary disqualification period is the period for which, in the absence of this section, the court would have disqualified the person under section 34 or 35.

(4)The appropriate extension period is—

(a)in the case of a life prisoner, a period equal to the punishment part of the life sentence;

[^F259 (aa)in the case of a person serving a serious terrorism sentence, a period equal to the appropriate custodial term;

(ab) in the case of a person serving an extended sentence that falls within section 1AB(2A) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”), a period equal to the custodial term;

(ac)in the case of a person serving an extended sentence in respect of which section 1AB(3) to (5) of the 1993 Act applies to the person, a period equal to two-thirds of the custodial term;^F259]

^F260 (b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in the case of a person serving [^F261 any other^F261] extended sentence, a period equal to half the [^F262 custodial^F262] term;

[^F263 (ca) in the case of a person serving a sentence imposed under section 205ZC of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”), a period equal to two-thirds of the appropriate custodial term;

(cb)in the case of a person serving any other sentence of imprisonment in respect of which section 1AB of the 1993 Act applies to the person, a period equal to two-thirds of the sentence;^F263]

(d)in any other case, a period equal to half the sentence of imprisonment imposed.

(5)If a period determined under subsection (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days.

(6)For the purposes of subsection (4), a sentence is to be taken to start on the date of commencement of the sentence.

(7) Subsection (8) applies where an amending order provides for [^F264 a reference in section 1(1) or (3) or 1AB(3)(a) of the 1993 Act to a particular proportion of a prisoner’s sentence to be construed as a reference to some other proportion (“the new proportion”) specified in the order ^F264] .

(8)The Secretary of State may by order provide that the proportion specified in subsection [^F265 (4)(ac), (c), (ca), (cb) or (d)^F265] of this section is to be read, in the case of a sentence of imprisonment to which the amending order applies, as a reference to the new proportion.

(9)An order under subsection (8) is to be made by statutory instrument and a draft of the statutory instrument containing the order must be laid before, and approved by a resolution of, each House of Parliament.

(10)In this section—

• “ amending order ” means an order made by the Scottish Ministers under [^F266 section 27(2)(b) of the 1993 Act ^F266] ;

• [^F267 “appropriate custodial term”—

  (a)

  in relation to a serious terrorism sentence, means the term imposed under subsection (5)(a) or (as the case may be) (7)(a) of section 205ZA of the 1995 Act;

  (b)

  in relation to a sentence imposed under section 205ZC of the 1995 Act, means the term imposed under subsection (3)(a) or (as the case may be) (4)(a) of that section;^F267]

• “ [^F268 custodial ^F268] term ” has the meaning given by section 210A(2)(a) of the [^F269 1995 Act ^F269] ;

• ^F270 ...

• ^F270 ...

• “ extended sentence ” has the meaning given by section 210A of the 1995 Act;

• “ life prisoner ” has the meaning given by [^F271 section 2(1) of the 1993 Act ^F271] ;

• [^F272 “punishment part”, in relation to a life sentence, means the punishment part of the sentence as specified in an order mentioned in section 2(2) of the 1993 Act; ^F272]

• “ sentence of imprisonment ” includes—

  (a)

  an order for detention in residential accommodation under section 44 of the 1995 Act, and

  (b)

  a sentence of detention under section 205, [^F273 205ZA(7), 205ZC(4),^F273] 207 or 208 of the 1995 Act;^F258]

• [^F274 “serious terrorism sentence” means a sentence imposed under section 205ZA of the 1995 Act ^F274] .

[^F25835D Effect of sentence of imprisonment in other cases: Scotland

(1)This section applies where a person is convicted in Scotland of an offence for which a court proposes to order the person to be disqualified under section 34 or 35 and—

(a)the court proposes to impose on the person a sentence of imprisonment for another offence, or

(b)at the time of sentencing for the offence, a sentence of imprisonment imposed on the person on an earlier occasion has not expired.

(2)In determining the period for which the person is to be disqualified under section 34 or 35, the court must have regard to the consideration in subsection (3) if and to the extent that it is appropriate to do so.

(3)The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a sentence of imprisonment.

(4)If the court proposes to order the person to be disqualified under section 34 or 35 and to impose a sentence of imprisonment for the same offence, the court may not in relation to that disqualification take that sentence of imprisonment into account for the purposes of subsection (2).

(5) In this section “ sentence of imprisonment ” has the same meaning as in section 35C. ^F258]

[^F27536 Disqualification until test is passed. _cross-notes

(1)Where this subsection applies to a person the court must order him to be disqualified until he passes the appropriate driving test.

(2)Subsection (1) above applies to a person who is disqualified under section 34 of this Act on conviction of—

(a)manslaughter, or in Scotland culpable homicide, by the driver of a motor vehicle, ^F276...

[^F277 (b)an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving),

(c)an offence under section 1A of that Act (causing serious injury by dangerous driving),

(d)an offence under section 2 of that Act (dangerous driving),

(e)an offence under section 3ZC of that Act (causing death by driving: disqualified drivers), or

(f)an offence under section 3ZD of that Act (causing serious injury by driving: disqualified drivers).^F277]

(3)Subsection (1) above also applies—

(a)to a person who is disqualified under section 34 or 35 of this Act in such circumstances or for such period as the Secretary of State may by order prescribe, or

(b)to such other persons convicted of such offences involving obligatory endorsement as may be so prescribed.

(4)Where a person to whom subsection (1) above does not apply is convicted of an offence involving obligatory endorsement, the court may order him to be disqualified until he passes the appropriate driving test (whether or not he has previously passed any test).

(5)In this section—

• “ appropriate driving test ” means—

(a)an extended driving test, where a person is convicted of an offence involving obligatory disqualification or is disqualified under section 35 of this Act,

(b)a test of competence to drive, other than an extended driving test, in any other case,

• “ extended driving test ” means a test of competence to drive prescribed for the purposes of this section, and

• “ test of competence to drive ” means a test prescribed by virtue of section 89(3) of the Road Traffic Act 1988 .

(6)In determining whether to make an order under subsection (4) above, the court shall have regard to the safety of road users.

(7)Where a person is disqualified until he passes the extended driving test—

(a)any earlier order under this section shall cease to have effect, and

(b)a court shall not make a further order under this section while he is so disqualified.

(8)Subject to subsection (9) below, a disqualification by virtue of an order under this section shall be deemed to have expired on production to the Secretary of State of evidence, in such form as may be prescribed by regulations under section 105 of the Road Traffic Act 1988, that the person disqualified has passed the test in question since the order was made.

(9)A disqualification shall be deemed to have expired only in relation to vehicles of such classes as may be prescribed in relation to the test passed by regulations under that section.

^F278 (10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F279 (10A)Where a person's driving record is endorsed with particulars of a disqualification under this section, it shall also be endorsed with the particulars of any test of competence to drive that he has passed since the order of disqualification was made.^F279]

(11)For the purposes of an order under this section, a person shall be treated as having passed a test of competence to drive other than an extended driving test if he passes a corresponding test conducted—

(a)under the law of Northern Ireland, the Isle of Man, any of the Channel Islands, [^F280 an^F280] [^F281 EEA State^F281] , Gibraltar or a designated country or territory ^F282. . ., or

(b)for the purposes of obtaining a British Forces licence (as defined by section 88(8) of [^F283 the Road Traffic Act 1988^F283] );

and accordingly subsections (8) to (10) above shall apply in relation to such a test as they apply in relation to a test prescribed by virtue of section 89(3) of that Act.

[^F284 (11A) For the purposes of subsection (11) above, “designated country or territory” means a country or territory designated by order under section 108(2) of the Road Traffic Act 1988 but a test conducted under the law of such a country or territory shall not be regarded as a corresponding test unless a person passing such a test would be entitled to an exchangeable licence as defined in section 108(1) of that Act . ^F284]

(12)This section is subject to section 48 of this Act.

(13)The power to make an order under subsection (3) above shall be exercisable by statutory instrument; and no such order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

(14)The Secretary of State shall not make an order under subsection (3) above after the end of 2001 if he has not previously made such an order.^F275]

37 Effect of order of disqualification. _cross-notes

(1)Where the holder of a licence is disqualified by an order of a court, the licence shall be treated as being revoked with effect from the beginning of the period of disqualification.

[^F285 (1A)Where—

(a)the disqualification is for a fixed period shorter than 56 days [^F286 (disregarding any extension period)^F286] in respect of an offence involving obligatory endorsement, or

(b)the order is made under section 26 of this Act,

subsection (1) above shall not prevent the licence from again having effect at the end of the period of disqualification [^F287 (including any extension period)^F287] .^F285]

[^F288 (1B) In subsection (1A) “ extension period ” means an extension period added pursuant to—

(a)section 35A or 35C,

(b)section 248D of the Criminal Procedure (Scotland) Act 1995, or

(c)section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 [^F289 or section 166 of the Sentencing Code^F289] .^F288]

(2)Where the holder of the licence appeals against the order and the disqualification is suspended under section 39 of this Act, the period of disqualification shall be treated for the purpose of subsection (1) above as beginning on the day on which the disqualification ceases to be suspended.

(3)Notwithstanding anything in Part III of the Road Traffic Act 1988, a person disqualified by an order of a court under section [^F29036^F290] of this Act is (unless he is also disqualified otherwise than by virtue of such an order) entitled to obtain and to hold a provisional licence and to drive a motor vehicle in accordance with the conditions subject to which the provisional licence is granted.

[^F291 (4)Notwithstanding anything in Part III of the Road Traffic Act 1988, a person who holds a Community licence which authorises that person to drive motor vehicles of a particular class, but who is disqualified by an order of a court under section 36 of this Act, is (unless the person is also disqualified otherwise than by virtue of such an order) entitled to drive a motor vehicle of that class in accordance with the same conditions as if the person were authorised to drive a motor vehicle of that class by a provisional licence.^F291]

[^F29237A Surrender of licence to Secretary of State where disqualified

(1)This section applies where—

(a)a person who is the holder of a licence is disqualified by an order of a court, and

(b)the Secretary of State is not already in receipt of the licence.

(2)The Secretary of State may serve on the person a notice in writing requiring the person to surrender the licence to the Secretary of State at such address as the Secretary of State may determine, before the end of the period of 28 days beginning with the date on which the notice is served.

(3)A notice under subsection (2) may be served on a person—

(a)by delivering it to the person,

(b)by leaving it at the person’s proper address, or

(c)by sending it to the person by post.

(4)A person who, without reasonable excuse, fails to comply with a notice under subsection (2) is guilty of an offence.

(5)For the purposes of—

(a)subsection (3), and

(b)section 7 of the Interpretation Act 1978 in its application to subsection (3),

a person’s “proper address” is the person’s latest address as known to the Secretary of State. ^F292]

38 Appeal against disqualification. _cross-notes

(1)A person disqualified by an order of a magistrates’ court under section 34 or 35 of this Act may appeal against the order in the same manner as against a conviction.

(2)A person disqualified by an order of a court in Scotland may appeal against the order in the same manner as against a sentence.

39 Suspension of disqualification pending appeal. _cross-notes

(1)Any court in England and Wales (whether a magistrates’ court or another) which makes an order disqualifying a person may, if it thinks fit, suspend the disqualification pending an appeal against the order.

(2)The court by or before which a person disqualified by an order of a court in Scotland was convicted may, if it thinks fit, suspend the disqualification pending an appeal against the order.

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

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

40 Power of appellate courts in England and Wales to suspend disqualification. _cross-notes

(1)This section applies where a person has been convicted by or before a court in England and Wales of an offence involving obligatory or discretionary disqualification and has been ordered to be disqualified; and in the following provisions of this section—

(a)any reference to a person ordered to be disqualified is to be construed as a reference to a person so convicted and so ordered to be disqualified, and

(b)any reference to his sentence includes a reference to the order of disqualification and to any other order made on his conviction and, accordingly, any reference to an appeal against his sentence includes a reference to an appeal against any order forming part of his sentence.

(2)Where a person ordered to be disqualified—

(a)appeals to the Crown Court, or

(b)appeals or applies for leave to appeal to the Court of Appeal,

against his conviction or his sentence, the Crown Court or, as the case may require, the Court of Appeal may, if it thinks fit, suspend the disqualification.

(3)Where a person ordered to be disqualified has appealed or applied for leave to appeal to the [^F293Senior Courts^F293] —

(a)^M22under section 1 of the Administration of Justice Act 1960 from any decision of a Divisional Court of the Queen’s Bench Division which is material to his conviction or sentence, or

(b)^M23under section 33 of the Criminal Appeal Act 1968 from any decision of the Court of Appeal which is material to his conviction or sentence,

the Divisional Court or, as the case may require, the Court of Appeal may, if it thinks fit, suspend the disqualification.

(4)^M24Where a person ordered to be disqualified makes an application in respect of the decision of the court in question under section 111 of the Magistrates’ Courts Act 1980 (statement of case by magistrates’ court) or section 28 of the [^F294Senior Courts Act 1981^F294] (statement of case by Crown Court) the High Court may, if it thinks fit, suspend the disqualification.

(5)Where a person ordered to be disqualified—

(a)applies to the High Court for an order of certiorari to remove into the High Court any proceedings of a magistrates’ court or of the Crown Court, being proceedings in or in consequence of which he was convicted or his sentence was passed, or

(b)applies to the High Court for leave to make such an application,

the High Court may, if it thinks fit, suspend the disqualification.

(6)Any power of a court under the preceding provisions of this section to suspend the disqualification of any person is a power to do so on such terms as the court thinks fit.

(7)Where, by virtue of this section, a court suspends the disqualification of any person, it must send notice of the suspension to the Secretary of State.

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

41 [^F295Power of appellate courts in Scotland to suspend disqualification.^F295] _cross-notes

(1)This section applies where a person has been convicted by or before a court in Scotland of an offence involving obligatory or discretionary disqualification and has been ordered to be disqualified; and in the following provisions of this section—

(a)any reference to a person ordered to be disqualified is to be construed as a reference to a person so convicted and so ordered to be disqualified, and

(b)any reference to his sentence includes a reference to the order of disqualification and to any other order made on his conviction and, accordingly, any reference to an appeal against his sentence includes a reference to an appeal against any order forming part of his sentence.

(2)^F296Where a person ordered to be disqualified appeals ..., whether on appeal against a summary conviction or a conviction on indictment or his sentence, the court [^F297hearing the appeal^F297] may, if it thinks fit, suspend the disqualification on such terms as it thinks fit.

The powers conferred by this subsection on the court may be exercised by any single judge of the court.

[^F298 (2A)Where the court hearing the appeal is the Sheriff Appeal Court, the reference in subsection (2) to a single judge of the court is a reference to an Appeal Sheriff.^F298]

(3)Where, by virtue of this section, the [^F299court hearing the appeal^F299] suspends the disqualification of any person, it must send notice of the suspension to the Secretary of State.

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

^F30041A Suspension of disqualification pending determination of applications under section 34B. _cross-notes

(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.

42 Removal of disqualification. _cross-notes

(1)Subject to the provisions of this section, a person who by an order of a court is disqualified may apply to the court by which the order was made to remove the disqualification.

(2)On any such application the court may, as it thinks proper having regard to—

(a)the character of the person disqualified and his conduct subsequent to the order,

(b)the nature of the offence, and

(c)any other circumstances of the case,

either by order remove the disqualification as from such date as may be specified in the order or refuse the application.

(3)No application shall be made under subsection (1) above for the removal of a disqualification before the expiration of whichever is relevant of the following periods from [^F301the relevant date^F301] , that is—

(a)two years, if the disqualification is for less than four years [^F302(disregarding any extension period)^F302] ,

(b)one half of the [^F303period of disqualification (disregarding any extension period), if the disqualification is (disregarding any extension period)^F303] for less than ten years but not less than four years,

(c)five years in any other case;

and in determining the expiration of the period after which under this subsection a person may apply for the removal of a disqualification, any time after the conviction during which the disqualification was suspended or he was not disqualified shall be disregarded.

[^F304 (3A) In subsection (3) “ the relevant date ” means—

(a)the date of the order imposing the disqualification in question, or

(b)if the period of the disqualification is extended by an extension period, the date in paragraph (a) postponed by a period equal to that extension period.^F304]

[^F305 (3B)Extension period” means an extension period added pursuant to—

(a)section 35A or 35C,

(b)section 248D of the Criminal Procedure (Scotland) Act 1995, or

(c)section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 [^F306 or section 166 of the Sentencing Code^F306] .^F305]

(4)Where an application under subsection (1) above is refused, a further application under that subsection shall not be entertained if made within three months after the date of the refusal.

(5)If under this section a court orders a disqualification to be removed, the court—

[^F307 (a)must send notice of the order to the Secretary of State,^F307]

(b)may in any case order the applicant to pay the whole or any part of the costs of the application.

[^F308 (5A)^F309. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F310 (5AA)If the disqualification was imposed in respect of an offence involving obligatory endorsement, the Secretary of State must, on receiving notice of an order under subsection [^F311 (5)(a)^F311] above, make any necessary adjustments to the endorsements on the person's driving record to reflect the order.^F310]

(5B)A notice under subsection [^F312 (5)(a)^F312] above must be sent in such manner and to such address, and must contain such particulars, as the Secretary of State may determine.^F308]

(6)The preceding provisions of this section shall not apply where the disqualification was imposed by order under section 36(1) of this Act.

43 Rule for determining end of period of disqualification. _cross-notes

In determining the expiration of the period for which a person is disqualified by an order of a court made in consequence of a conviction, any time after the conviction during which the disqualification was suspended or he was not disqualified shall be disregarded.

Endorsement

44 [^F313Orders for endorsement^F313] _cross-notes

(1)Where a person is convicted of an offence involving obligatory endorsement, the court must order there to be endorsed on [^F314his driving record^F314] particulars of the conviction and also—

(a)if the court orders him to be disqualified, particulars of the disqualification, or

(b)if the court does not order him to be disqualified—

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

(ii)the penalty points to be attributed to the offence.

(2)Where the court does not order the person convicted to be disqualified, it need not make an order under subsection (1) above if for special reasons it thinks fit not to do so.

(3)In relation to Scotland, references in this section to the court include the [^F315justice of the peace court^F315] .

^F316 (3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)This section is subject to section 48 of this Act.

[^F31744A Endorsement of driving record in accordance with order

(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.^F317]

^F31945 Effect of endorsement [^F318of counterparts^F318] .

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

[^F32045A Effect of endorsement of driving records

(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.

[^F321 (3)An endorsement ordered on a person's conviction of an offence remains effective (subject to subsections (4) and (5) below)—

(a)if an order is made for the disqualification of the offender, until four years have elapsed since the conviction, and

(b)if no such order is made, until either—

(i)four years have elapsed since the commission of the offence, or

(ii)an order is made for the disqualification of the offender under section 35 of this Act.

[^F322 (4)Where the offence was under one of the following sections of the Road Traffic Act 1988, the endorsement remains effective until four years have elapsed since the conviction—

(a)section 1 (causing death by dangerous driving),

(b)section 1A (causing serious injury by dangerous driving),

(c)section 2 (dangerous driving),

(d)section 3ZC (causing death by driving: disqualified drivers), or

(e)section 3ZD (causing serious injury by driving: disqualified drivers).^F322]

(5)Where the offence was one—

(a)under section 3A, 4(1) [^F323 , 5(1)(a) or 5A(1)(a) and (2)^F323] of that Act (driving offences connected with drink or drugs),

(b)under section 7(6) of that Act (failing to provide specimen) involving obligatory disqualification, or

(c)under section 7A(6) of that Act (failing to allow a specimen to be subjected to laboratory test),

the endorsement remains effective until eleven years have elapsed since the conviction.^F321,F320]]

General

46 Combination of disqualification and endorsement with probation orders and orders for discharge. _{cross-notesE1}

(1)^F325Notwithstanding anything in [^F324section 82(4) of the Sentencing Code^F324] (conviction of offender . . . discharged to be disregarded for the purposes of enactments relating to disqualification), a court in England and Wales which on convicting a person of an offence involving obligatory or discretionary disqualification makes—

^F326 (a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)an order discharging him absolutely or conditionally,

may on that occasion also exercise any power conferred, and must also discharge any duty imposed, on the court by sections 34, 35, 36 [^F327, 44 or 44A^F327] of this Act.

(2)A conviction—

(a)in respect of which a court in England and Wales has ordered a person to be disqualified, or

(b)^F328of which particulars have been endorsed on ... [^F329 his driving record^F329] ,

^F331 is to be taken into account, notwithstanding anything in [^F330section 82(2) of the Sentencing Code^F330] (conviction of offender . . . discharged to be disregarded for the purpose of subsequent proceedings), in determining his liability to punishment or disqualification for any offence involving obligatory or discretionary disqualification committed subsequently.

(3)Where—

(a)a person is charged in Scotland with an offence involving obligatory or discretionary disqualification, and

(b)the court makes an order in respect of the offence under [^F332section 228 (probation) or 246(2) or (3) (absolute discharge) of the Criminal Procedure (Scotland) Act 1995^F332]

then, for the purposes of sections 34, 35, 36, 44 ^F333[^F334... and 45A^F334] of this Act, he shall be treated as if he had been convicted of an offence of the kind in question and [^F335section 247 of that Act shall not apply^F335] .

46 Combination of disqualification and endorsement with probation orders and orders for discharge. _{cross-notesE3}

(1)^M45Notwithstanding anything in section 13(3) of the Powers of Criminal Courts Act 1973 (conviction of offender placed on probation or discharged to be disregarded for the purposes of enactments relating to disqualification), a court in England and Wales which on convicting a person of an offence involving obligatory or discretionary disqualification makes—

^F326 (a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)an order discharging him absolutely or conditionally,

may on that occasion also exercise any power conferred, and must also discharge any duty imposed, on the court by sections 34, 35, 36 [^F327, 44 or 44A^F327] of this Act.

(2)A conviction—

(a)in respect of which a court in England and Wales has ordered a person to be disqualified, or

(b)^F328of which particulars have been endorsed on ... [^F329 his driving record^F329]

is to be taken into account, notwithstanding anything in section 13(1) of the Powers of Criminal Courts Act 1973 (conviction of offender placed on probation or discharged to be disregarded for the purpose of subsequent proceedings), in determining his liability to punishment or disqualification for any offence involving obligatory or discretionary disqualification committed subsequently.

(3)Where—

(a)a person is charged in Scotland with an offence involving obligatory or discretionary disqualification, and

(b)the court makes an order in respect of the offence under ^F885[^F886... 246(2) or (3) (absolute discharge) of the Criminal Procedure (Scotland) Act 1995^F886]

then, for the purposes of sections 34, 35, 36, 44 ^F333[^F334... and 45A^F334] and 45 of this Act, he shall be treated as if he had been convicted of an offence of the kind in question and [^F887section 247 of that Act shall not apply^F887] .

47 Supplementary provisions as to disqualifications and endorsements. _cross-notes

(1)In any case where a court exercises its power under section 34, 35 or 44 of this Act not to order any disqualification or endorsement or to order disqualification for a shorter period than would otherwise be required, it must state the grounds for doing so in open court and, if it is a magistrates’ court or, in Scotland, a court of summary jurisdiction, must cause them to be entered in the register (in Scotland, record) of its proceedings.

[^F336 (2)Where ^F337... a court orders a person to be disqualified for a period of 56 days or more [^F338 (disregarding any extension period)^F338] it must, send any licence of the person that is produced to the court, to the Secretary of State.^F336]

[^F339 (2ZA) In subsection (2) “ extension period ” means an extension period added pursuant to—

(a)section 35A or 35C,

(b)section 248D of the Criminal Procedure (Scotland) Act 1995, or

[^F340 (c)section 166 of the Sentencing Code.^F340,F339]]

^F341 (2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where on an appeal against [^F342an order for the endorsement of ^F343...[^F344 a driving record^F344] or the disqualification of a person^F342] the appeal is allowed, the court by which the appeal is allowed must send notice of that fact to the Secretary of State.

[^F345 (3A)On receiving such a notice ^F346... the Secretary of State must make any necessary adjustments to the endorsements on the person's driving record to reflect the outcome of the appeal.^F345]

(4)^F347A notice sent by a 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 determine, and a licence ... so sent in pursuance of this section must be sent to such address as the Secretary of State may determine.

^F348 48 Exemption from disqualification and endorsement for certain construction and use offences. _cross-notes

(1) Where a person is convicted of an offence under section 40A of the Road Traffic Act 1988 (using vehicle in dangerous condition etc) the court must not—

(a)order him to be disqualified, or

(b)order any particulars or penalty points to be endorsed on ^F349...[^F350 his driving record^F350] ,

if he proves that he did not know, and had no reasonable cause to suspect, that the use of the vehicle involved a danger of injury to any person.

(2)Where a person is convicted of an offence under section 41A of the Road Traffic Act 1988 (breach of requirement as to brakes, steering-gear or tyres) the court must not—

(a)order him to be disqualified, or

(b)order any particulars or penalty points to be endorsed on ^F349...[^F350 his driving record^F350] ,

if he proves that he did not know, and had no reasonable cause to suspect, that the facts of the case were such that the offence would be committed.

^F351 (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49 Offender escaping consequences of endorseable offence by deception.

(1)This section applies where in dealing with a person convicted of an offence involving obligatory endorsement a court was deceived regarding any circumstances that were or might have been taken into account in deciding whether or for how long to disqualify him.

(2)If—

(a)the deception constituted or was due to an offence committed by that person, and

(b)he is convicted of that offence,

the court by or before which he is convicted shall have the same powers and duties regarding an order for disqualification as had the court which dealt with him for the offence involving obligatory endorsement but must, in dealing with him, take into account any order made on his conviction of the offence involving obligatory endorsement.

50 Powers of district court in Scotland.

Nothing in section 10 of this Act empowers a district court in Scotland in respect of any offence—

(a)to impose—

(i)a penalty of imprisonment which exceeds sixty days, or

(ii)^F352a fine which exceeds level 4 on the standard scale, ...

^F352 (b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III Fixed Penalties _cross-notes

Introductory

51 Fixed penalty offences.

(1)Any offence in respect of a vehicle under an enactment specified in column 1 of Schedule 3 to this Act is a fixed penalty offence for the purposes of this Part of this Act, but subject to subsection (2) below and to any limitation or exception shown against the enactment in column 2 (where the general nature of the offence is also indicated).

(2)An offence under an enactment so specified is not a fixed penalty offence for those purposes if it is committed by causing or permitting a vehicle to be used by another person in contravention of any provision made or restriction or prohibition imposed by or under any enactment.

(3)The Secretary of State may by order provide for offences to become or (as the case may be) to cease to be fixed penalty offences for the purposes of this Part of this Act, and may make such modifications of the provisions of this Part of this Act as appear to him to be necessary forthe purpose.

52 Fixed penalty notices.

(1) In this Part of this Act “ fixed penalty notice ” means a notice offering the opportunity of the discharge of any liability to conviction of the offence to which the notice relates by payment of a fixed penalty in accordance with this Part of this Act.

(2)A fixed penalty notice must 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.

[^F353 (2A)A fixed penalty notice must give details of the identification information (as defined in section 69(3D)) that may be required under section 69 where the notice relates to an offence involving obligatory endorsement.^F353]

(3)A fixed penalty notice must state—

(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)[^F354 the person to^F354] whom and the address at which the fixed penalty may be paid.

^F355 (4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F35653 Amount of fixed penalty.

(1)The fixed penalty for an offence is—

(a)such amount as the Secretary of State may by order prescribe, or

(b)one half of the maximum amount of the fine to which a person committing that offence would be liable on summary conviction [^F357 or, where there is no such maximum amount, the amount corresponding to level 4 on the standard scale for summary offences^F357] ,

whichever is the less.

[^F358 (2)Any order made under subsection (1)(a) above in relation to an offence may make provision for the fixed penalty for the offence to be different depending on the circumstances, including (in particular)—

(a)the nature of the contravention or failure constituting the offence,

(b)how serious it is,

(c)the area, or sort of place, where it takes place, and

(d)whether the offender appears to have committed any offence or offences of a description specified in the order during a period so specified.^F358]

Giving notices to suspected offenders

54 Notices on-the-spot [^F359etc.^F359] . _{cross-notesI2}

(1)^F360This section applies where ... on any occasion a constable in uniform [^F361, or a vehicle examiner who produces his authority,^F361] has reason to believe that a person he finds

[^F362 (a)is committing or has on that occasion committed a fixed penalty offence; or

(b)has, within the period of 28 days before the day of that occasion, committed a Community drivers’ hours offence.^F362]

(2)Subject to [^F363the following provisions of this section^F363] , the constable [^F364or vehicle examiner^F364] may give him a fixed penalty notice in respect of the offence.

[^F365 (3)Where the offence appears to the constable or vehicle examiner to involve obligatory endorsement, the constable or vehicle examiner may only give him a fixed penalty notice under subsection (2) above in respect of the offence if—

(a)the constable or vehicle examiner is satisfied, on accessing information held on his driving record, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of that offence^F366...

^F367 (b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F368 (4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F369 (5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F370 (5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F371 (5B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .^F365]

^F372 (6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F373 (7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F374 (8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F375 (8A)In a case where this section applies by virtue of subsection (1)(b), a constable or vehicle examiner may not give a person a fixed penalty notice for the Community drivers’ hours offence if the constable or vehicle examiner has reason to believe that—

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

(b)a conditional offer has already been issued to the person under section 75 of this Act 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 [^F376 , an EU member State^F376] , [^F377 or in another contracting country^F377] .

(8B) In subsection (8A)(d) “relevant breach” means the breach of the applicable Community rules which constitutes the Community drivers’ hours offence concerned. ^F375]

^F378 (9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F379 (10)In determining for the purposes of [^F380 this section^F380] 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.^F379]

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.

^F38156 Licence receipts.

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

^F38357 Endorsement of [^F382counterparts ^F382] without hearings.

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

[^F38457A Endorsement of driving records without hearings

(1)Subject to subsection (2) below, where a person ^F385... 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 [^F386 in accordance with this Part^F386] 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 ^F387....

(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 ^F388...—

(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 [^F389 in accordance with this Part^F389] 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.^F384]

^F39158 Effect of endorsement [^F390of counterpart^F390] without hearing.

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

[^F39258A Effect of endorsement of driving record without hearing

(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.^F392]

^F39460 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _cross-notes

^F39661 Fixed penalty notice mistakenly given [^F395to licence holder^F395] : exclusion of fixed penalty procedures.

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

[^F39761A Fixed penalty notice mistakenly given ^F398...: exclusion of fixed penalty procedures

(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, ^F399... 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 ^F400....

(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.^F397]

Notices fixed to vehicles

62 Fixing notices to vehicles.

(1)Where on any occasion a constable [^F401or a vehicle examiner^F401] 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 [^F402relevant person^F402] 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”.

[^F403 (2A) In this section “ the relevant person ” means—

(a)if the fixed penalty notice was fixed by a constable, the chief officer of police, and

(b)if it was fixed by a vehicle examiner, the Secretary of State.^F403]

(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 [^F404relevant person^F404] 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,

^M25 section 127(1) of the Magistrates’ Courts Act 1980 (information must be laid within six months of time offence committed) and [^F405section 136(1) of the Criminal Procedure (Scotland) Act 1995^F405] (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. _cross-notes

(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 [^F406relevant person^F406] 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