Part I Trial
Introductory
2 Requirement of warning etc: supplementary. C1
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
a fixed penalty notice (within the meaning of Part III of this Act) has been given or fixed under any provision of that Part, or
b
a notice has been given under section 54(4) of this Act.
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.
4
Where a person is prosecuted on indictment in England and Wales—
a
for an offence to which section 1 of this Act does not apply, or
b
for an offence to which that section does apply, but as respects which the requirement of subsection (1) of that section has been satisfied,
that subsection does not prejudice any power of the jury on the charge for that offence, if they find him not guilty of it, to find him guilty of an offence under section 2 or 3 of the M1Road Traffic Act 1988 (reckless driving or careless or inconsiderate driving).
5
In Scotland a person may be convicted of an offence under section 2 of that Act by virtue of section 23(1) or (2) of this Act notwithstanding that the requirement of section 1(1) of this Act has not been satisfied as respects that offence.
6
A person may be convicted of an offence under section 3 or 29 of that Act (careless and inconsiderate driving or careless and inconsiderate cycling) notwithstanding that the requirement of section 1(1) of this Act has not been satisfied as respects that offence where—
a
the charge for the offence has been preferred against him by virtue of section 24(3) of this Act, and
b
that requirement has been satisfied as respects the alleged offence under section 2 or, as the case may be, 28 of that Act (reckless driving or reckless cycling).