The Road Traffic Offenders (Northern Ireland) Order 1996

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.]

Effect of offer and payment of penaltyN.I.

81.—(1) This Article applies where a conditional offer has been [F14issued] to a person under Article 80.

[F15(2) Where the alleged offender makes payment of the fixed penalty in accordance with the conditional offer, no proceedings shall be brought against him for the offence to which the offer relates unless paragraph (3) applies.

(3) This paragraph applies where–

(a)it appears to the appropriate person, on inspecting the licence and its counterpart [F16or (where the alleged offender is not the holder of a licence) accessing information held on his driving record], that the alleged offender would be liable to be disqualified under Article 40 if he were convicted of the offence to which the conditional offer relates;

(b)the appropriate person returns the payment to the alleged offender together with [F17(where he is the holder of a licence)] his licence and its counterpart; and

(c)where the appropriate person is not the Department, the appropriate person gives notice that he has done so to the Chief Constable.

(4) Where the requirements specified in the conditional offer in accordance with heads (i) and (ii) of Article 80(5)(a) [F18or (5A)(a)] have not been fulfilled, no proceedings shall be brought against the alleged offender for the offence to which the offer relates–

(a)until the end of the period of 28 days following the date on which the conditional offer was made, or such longer period as may be specified in the offer, and

(b)where the appropriate person is not the Department, unless the appropriate person notifies the Chief Constable that proceedings may be brought by virtue of this paragraph.]

(6) In determining for the purposes of paragraph [F19(3)(a)] 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.

(7) In any proceedings a certificate that by a date specified in the certificate payment of a fixed penalty was or was not received by [F20the appropriate person] shall, if the certificate purports to be signed by [F21the appropriate person], be evidence of the facts stated.

Endorsement [F22of counterparts] where penalty paidN.I.

82.—(1) Where—

(a)in pursuance of a conditional offer a person [F23who is the holder of a licence] (referred to in this Article as the “licence holder”) makes payment of the fixed penalty to [F24the appropriate person] and delivers his licence and its counterpart to [F25the appropriate person], and

[F26(b)proceedings against the alleged offender for the offence to which the conditional offer relates are excluded by Article 81,]

the [F27appropriate person] must forthwith endorse the relevant particulars on the counterpart of the licence and return it to the licence holder together with the licence.

(2) Subject to paragraph (3), where a cheque tendered in payment is subsequently dishonoured—

(a)any endorsement made by the [F28appropriate person] under paragraph (1) remains effective, notwithstanding that the licence holder is still liable to prosecution in respect of the alleged offence to which the endorsement relates, and

(b)[F29unless the appropriate person is the Department, the appropriate person] must, upon the expiry of the period specified in the conditional offer or, if the period has expired, forthwith notify the Chief Constable that no payment has been made.

(3) When proceedings are brought against a licence holder [F30where paragraph (2) applies], the court—

(a)must order the removal of the fixed penalty endorsement from the counterpart of the licence, and

(b)may, on finding the licence holder guilty, make any competent order of endorsement or disqualification and pass any competent sentence.

(4) The reference in paragraph (1) to the relevant particulars is 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.

(5) [F31Where the appropriate person is the fixed penalty clerk, he] must send notice to the Department—

(a)of any endorsement under paragraph (1) and of the particulars endorsed, and

(b)of any order under paragraph (3)(a).

(6) Where the counterpart of a person's licence is endorsed under this Article he shall be treated for the purposes of Articles 16(4), 30, 31 and 50 of this Order and of the [1978 NI 27.] Rehabilitation of Offenders (Northern Ireland) Order 1978 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 Article 49 of this Order, and

(c)the particulars of the offence endorsed by virtue of paragraph (4)(a) were particulars of his conviction of that offence.

(7) In relation to any endorsement of the counterpart of a person's licence under this Article—

(a)the reference in Article 50(3) of this Order to the order for endorsement, and

(b)the references in Article 16(4) to any order made on a person's conviction,

are to be read as a reference to the endorsement itself.

[F32(8) Paragraph (1) is subject to Article 4(4)(a) of, and paragraph 7(4)(a) of Schedule 1 to, the Road Traffic (New Drivers) (Northern Ireland) Order 1998; and the fixed penalty clerk need not comply with paragraph (5)(a) in a case where he sends a person's licence and its counterpart to the Department under Article 4(4)(b) of, or paragraph 7(4)(b) of Schedule 1 to, that Order.]

[F33Endorsement of driving records where penalty paidN.I.

82A.—(1) Where–

(a)in pursuance of a conditional offer issued under Article 80(1) a person who is not the holder of a licence(referred to in this Article as the “alleged offender”) makes payment of the fixed penalty to the fixed penalty clerk , and

(b)proceedings against the alleged offender for the offence to which the conditional offer relates are excluded by Article 81,

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

(2) The Department must endorse the relevant particulars on a person's driving record –

(a)on receiving notice under paragraph (1), or

(b)if, in pursuance of a conditional offer issued under Article 80(1A), a person who is not the holder of a licence(also referred to in this Article as the “alleged offender”) makes payment of the fixed penalty to it and proceedings against the alleged offender are excluded by Article 81.

(3) Subject to paragraph (4), where a cheque tendered in payment is subsequently dishonoured–

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

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

(4) When proceedings are brought against an alleged offender where paragraph (3) applies, the court–

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

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

(c)must send to the Department notice of any order made under sub-paragraph (a) or (b).

(5) On receiving a notice under paragraph (4)(c), the Department must make any necessary adjustments to the endorsements on the alleged offender's driving record.

(6) The references in paragraphs (1) and (2) 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.

(7) Where a person's driving record is endorsed under this Article, he shall be treated for the purposes of Articles 16(4), 30, 31 and 50A of this Order and of the Rehabilitation of Offenders (Northern Ireland) Order 1978 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 Article 49 of this Order, and

(c)the particulars of the offence endorsed by virtue of paragraph (6)(a) were particulars of his conviction of that offence.

(8) In relation to any endorsement of a person's driving record under this Article, the references in Article 16(4) to any order made on a person's conviction are to be read as references to the endorsement itself.]