SCHEDULES

SCHEDULE 2STATUTORY STATEMENTS

PART IISTATUTORY STATEMENT OF FACTS

3

1

For the purposes of Part IV of this Order, a statutory statement of facts is a statement on an official form, signed by the person providing it, which—

a

states that the person providing it was not the driver of the vehicle at the time of the alleged offence, and

b

states the name and address at the time when the statement is provided of the person who was the driver of the vehicle at the time of the alleged offence.

2

A statutory statement of facts has effect as a notice given by the driver requesting a hearing in respect of the offence if it is signed by the person identified in the statement as the driver of the vehicle at the time of the alleged offence.

3

An official form for a statutory statement of facts shall indicate—

a

that if a person identified in the statement as the driver of the vehicle at the time of the alleged offence signs the statement he will be regarded as having given notice requesting a hearing in respect of the offence,

b

that the person on whom the notice to owner relating to the offence is served may not give notice requesting a hearing in respect of the offence on his own account if he provides a statutory statement of facts signed by a person so identified, and

c

that if the fixed penalty is not paid before the end of the period stated in the notice to owner as the period for response to the notice, a sum determined by reference to that fixed penalty may be registered without any court hearing for enforcement as a fine against the person on whom the notice to owner is served, unless he has given notice requesting a hearing in respect of the offence,

but that, in a case within paragraph (c), the sum in question may not be so registered if the person on whom the notice to owner is served provides a statutory statement of facts as mentioned in paragraph (b) until 2 months have elapsed from the end of the period so stated without service of a summons in respect of the offence on the person identified in that statement as the driver of the vehicle.