PART IVFIXED PENALTIES
Giving notices to suspected offenders
Notices on-the-spot F1etc.C160
1
This Article applies where on any occasion a constable in uniform F2, or a vehicle examiner who produces his authority, has reason to believe that a person he finds is committing or has on that occasion committed a fixed penalty offence.
2
3
Where the offence appears to the constable F5or vehicle examiner to involve obligatory endorsement F6, and the person is the holder of a licence, the constable F5or vehicle examiner may only give him a fixed penalty notice under paragraph (2) in respect of the offence if—
a
he produces his licence and its counterpart for inspection by the constable F5or vehicle examiner,
b
the constable F5or vehicle examiner is satisfied, on inspecting the licence and its counterpart, that he would not be liable to be disqualified under Article 40 if he were convicted of that offence, and
c
he surrenders his licence and its counterpart to the constable F5or vehicle examiner to be retained and dealt with in accordance with this Part.
4
Where—
a
the offence appears to the constable F7or vehicle examiner to involve obligatory endorsement,
F8aa
the person concerned is the holder of a licence, and
b
the constable F7or vehicle examiner may give him a notice stating that if F10he delivers the notice together with his licence and its counterpart in F11accordance with paragraph (4A and the requirements of paragraph (5)(a) and (b) are met he will then be given a fixed penalty notice in respect of the offence.
F124A
Delivery must–
a
if the notice is given by a constable, be made in person, within 7 days after the notice is given, to a constable or authorised person at the police station specified in the notice (being a police station chosen by the person concerned), or
b
if the notice is given by a vehicle examiner, be made (either by post or in person), within 14 days after the notice is given, to the Department at the place specified in the notice.
5
If a person to whom a notice has been given under paragraph (4) F13delivers the notice together with his licence and its counterpart in F14accordance with paragraph (4A) and the following requirements are met, that is—
a
the F15person to whom the notice under paragraph (4) is delivered is satisfied, on inspecting the licence and its counterpart, that he would not be liable to be disqualified under Article 40 if he were convicted of the offence, and
b
the F18person to whom the notice under paragraph (4) is delivered must give him a fixed penalty notice in respect of the offence to which the notice under paragraph (4) relates.
F195A
Where the offence appears to the constable or vehicle examiner to involve obligatory endorsement, and the person is not the holder of a licence, the constable or vehicle examiner may only give him a fixed penalty notice under paragraph (2) in respect of the offence if 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 Article 40 if he were convicted of that offence.
5B
Paragraph (5C) applies where–
a
the offence appears to the constable or vehicle examiner to involve obligatory endorsement,
b
the person concerned is not the holder of a licence, and
c
the constable or vehicle examiner is unable to satisfy himself, by accessing information held on his driving record, that he would not be liable to be disqualified under Article 40 if he were convicted of that offence.
5C
Where this paragraph applies, the constable or vehicle examiner may give the person a notice stating that if–
a
he delivers the notice in accordance with paragraph (5D), and
b
the person to whom it is delivered is satisfied, on accessing information held on his driving record, that he would not be liable to be disqualified under Article 40 if he were convicted of the offence,
he will then be given a fixed penalty in respect of the offence.
5D
Delivery must–
a
if the notice is given by a constable, be made in person, within 7 days after the notice is given, to a constable or authorised person at the police station specified in the notice (being a police station chosen by the person concerned), or
b
if the notice is given by a vehicle examiner, be made (either by post or in person), within 14 days after the notice is given, to the Department, at the place specified in the notice.
5E
If a person to whom a notice has been given under paragraph (5C) delivers the notice in accordance with paragraph (5D), and the person to whom it is delivered is satisfied, on accessing information held on his driving record, that he would not be liable to be disqualified under Article 40 if he were convicted of the offence, that person must give him a fixed penalty notice in respect of the offence to which the notice under paragraph (5C) relates.
6
A notice under paragraph (4) F20or (5C) shall give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence.
7
8
In this Part “authorised person”, in relation to a fixed penalty notice given at a police station, means a person authorised for the purposes of this Article by or on behalf of the Chief Constable.
9
In determining for the purposes of F23this Article whether a person convicted of an offence would be liable to disqualification under Article 40, 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 or Part II of Schedule 1, that the number of penalty points to be attributed to the offence would be the lowest in the range.