PART IVN.I.FIXED PENALTIES

Conditional offer of fixed penaltyN.I.

Issue of conditional offerN.I.

80.—(1) Where—

(a)a constable has reason to believe that a fixed penalty offence has been committed, and

(b)no fixed penalty notice in respect of the offence has been given under Article 60 or fixed to a vehicle under Article 67,

a notice under this Article may be sent to the alleged offender by or on behalf of the Chief Constable.

[F1(1A) Where–

(a)a vehicle examiner has reason to believe that a fixed penalty offence has been committed, and

(b)no fixed penalty notice in respect of the offence has been given under Article 60 or fixed to a vehicle under Article 67,

a notice under this Article may be sent to the alleged offender by the Department.]

(2) A notice under this Article is referred to in this Article and in Articles 81 [F2,82 and 82A] as a “conditional offer”.

(3) Where a [F3conditional offer is issued by a person under paragraph (1)], he must notify such clerk of petty sessions as may be specified in the conditional offer of its issue and its terms; and that clerk is referred to in this Article and in Articles 81 [F4, 82 and 82A] as “the fixed penalty clerk”.

(4) A conditional offer must—

(a)give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence,

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

(c)state that proceedings against the alleged offender cannot be commenced in respect of that offence until the end of the period of 28 days following the date on which the conditional offer was issued or such longer period as may be specified in the conditional offer.

(5) A conditional offer [F5sent to an alleged offender who is the holder of a licence] must indicate that if the following conditions are fulfilled, that is—

(a)within the period of 28 days following the date on which the offer was issued, or such longer period as may be specified in the offer, the alleged offender—

(i)makes payment of the fixed penalty to [F6the appropriate person], and

(ii)where the offence to which the offer relates is an offence involving obligatory endorsement, at the same time delivers his licence and its counterpart to [F7the appropriate person], and

(b)where his licence and its counterpart are so delivered, [F8the appropriate person] is satisfied on inspecting them that, if the alleged offender were convicted of the offence, he would not be liable to be disqualified under Article 40,

any liability to conviction of the offence shall be discharged.

[F9(5A) A conditional offer sent to an alleged offender who is not the holder of a licence must indicate that if the following conditions are fulfilled, that is–

(a)within the period of 28 days following the date on which the offer was issued, or such longer period as may be specified in the offer, the alleged offender makes payment of the fixed penalty to the appropriate person, and

(b)the appropriate person is satisfied, on accessing information held on the driving record of the alleged offender, that if he were convicted of the offence, he would not be liable to be disqualified under Article 40,

any liability to conviction of the offence shall be discharged.]

(6) For the purposes of the [F10conditions] set out in paragraph (5)(b) [F11and (5A)(b)], 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.

[F12(7) In this Article and Articles 81 [F13, 82 and 82A]“the appropriate person” means–

(a)where the conditional offer was issued under paragraph (1), the fixed penalty clerk, and

(b)where the conditional offer was issued under paragraph (1A), the Department.]