- Latest available (Revised)
- Original (As enacted)
Road Traffic Offenders Act 1988
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Road Traffic Offenders Act 1988. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 59:
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 59 repealed by 2004 c. 14 Sch. 1 Pt. 14
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act applied by S.I. 2005/2222 art. 41(16)
- Act applied by S.I. 2011/41 art. 40(17)
- Act modified by S.I. 2006/2167 art. 27
- Act transfer of functions by S.I. 2009/1885 art. 2(1)
- Act words substituted by 2005 c. 4 Sch. 11 para. 4
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 1(2)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 30A-30D inserted by 2006 c. 49 s. 34(3)
- s. 30C(5)(f) text amended by S.I. 2009/1885 Sch. 1 para. 15
- s. 34D-34G inserted by 2006 c. 49 s. 15(1)
- s. 34D(1)(d) text amended by 2009 c. 25 Sch. 21 para. 90(5)(a)
- s. 34D(3) text amended by 2009 c. 25 Sch. 21 para. 90(5)(b)
- s. 34D(5A) inserted by 2009 c. 25 Sch. 21 para. 90(5)(c)
- s. 34D(6)(a) text amended by 2009 c. 25 Sch. 21 para. 90(5)(d)(i)
- s. 34D(6)(b) text amended by 2009 c. 25 Sch. 21 para. 90(5)(d)(ii)
- s. 34D(6A) inserted by 2009 c. 25 Sch. 21 para. 90(5)(e)
- s. 34F(5)(f) text amended by S.I. 2009/1885 Sch. 1 para. 17
- s. 34BA(5)(f) text amended by S.I. 2009/1885 Sch. 1 para. 16
- s. 35A 35B inserted by 2009 c. 25 Sch. 16 para. 2(2)
- s. 35A(4)(h) power to modify conferred by 2009 c. 25 Sch. 22 para. 34(2)
- s. 35C 35D inserted by 2009 c. 25 Sch. 16 para. 2(3)
- s. 35C(4)(d) power to modify conferred by 2009 c. 25 Sch. 22 para. 35(2)
- s. 40B(9) text amended by 2006 c. 49 Sch. 2 para. 33
- s. 41B inserted by 2006 c. 49 s. 15(2)
- s. 44A inserted by 2006 c. 49 s. 9(3)
- s. 45A inserted by 2006 c. 49 Sch. 2 para. 10
- s. 45A(3)-(5) substituted by 2006 c. 49 Sch. 3 para. 42
- s. 57A inserted by 2006 c. 49 s. 9(5)
- s. 57A(1) text amended by 2006 c. 49 s. 10(9) Sch. 7(4)
- s. 57A(3) text amended by 2006 c. 49 s. 10(10)
- s. 57A(4) text amended by 2006 c. 49 s. 10(11)
- s. 58A inserted by 2006 c. 49 Sch. 2 para. 17
- s. 61A inserted by 2006 c. 49 Sch. 2 para. 19
- s. 61A heading text amended by 2006 c. 49 Sch. 3 para. 49(4) Sch. 7(4)
- s. 61A(1) text amended by 2006 c. 49 Sch. 3 para. 49(2) Sch. 7(4)
- s. 61A(3) text amended by 2006 c. 49 Sch. 3 para. 49(3)
- s. 77A inserted by 2006 c. 49 Sch. 2 para. 27
- s. 77A(1) text amended by 2006 c. 49 Sch. 3 para. 54(2)(a) Sch. 7(4)
- s. 77A(1) text amended by 2006 c. 49 Sch. 3 para. 54(2)(b)(c)
- s. 77A(2) text amended by 2006 c. 49 Sch. 3 para. 54(3)(a)(c)
- s. 77A(2) text amended by 2006 c. 49 Sch. 3 para. 54(3)(b) Sch. 7(4)
- s. 84A inserted by 2006 c. 49 Sch. 2 para. 30
- s. 90F text amended by 2008 c. 26 s. 128
- s. 91ZA 91ZB inserted by 2003 c. 32 s. 77(2)
- s. 91ZA(1)(b) text amended by 2006 c. 49 Sch. 3 para. 57(2)(a) Sch. 7(4)
- s. 91ZA(1)(d)-(f) repealed by 2006 c. 49 Sch. 3 para. 57(2)(b) Sch. 7(4)
- s. 91ZA(1)(h)-(j) repealed by 2006 c. 49 Sch. 3 para. 57(2)(c) Sch. 7(4)
- s. 91ZA(1)(i) text amended by 2006 c. 49 Sch. 2 para. 31(a)
- s. 91ZA(1)(k) text amended by 2006 c. 49 Sch. 2 para. 31(b)
- s. 91ZA(1)(k) text amended by 2006 c. 49 Sch. 3 para. 57(2)(d) Sch. 7(4)
- s. 91ZA(1)(l) repealed by 2006 c. 49 Sch. 3 para. 57(2)(e) Sch. 7(4)
- s. 91ZA(3)-(6) repealed by 2006 c. 49 Sch. 3 para. 57(3) Sch. 7(4)
- s. 91ZA(7) text amended by 2006 c. 49 Sch. 3 para. 57(4)(a) Sch. 7(4)
- s. 91ZA(7) text amended by 2006 c. 49 Sch. 3 para. 57(4)(b)
- s. 91ZA(8) text amended by 2006 c. 49 Sch. 3 para. 57(5) Sch. 7(4)
- s. 91ZA(9)(a) text amended by 2006 c. 49 Sch. 3 para. 57(6)(a)
- s. 91ZA(9)(b)(i) text amended by 2006 c. 49 Sch. 3 para. 57(6)(b)
- s. 91ZB repealed by 2006 c. 49 Sch. 3 para. 58 Sch. 7(4)
- s. 97A inserted by 2006 c. 49 s. 8
Commencement Orders yet to be applied to the Road Traffic Offenders Act 1988:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/808 art. 2 commences (2002 c. 30)
- S.I. 2004/81 art. 2-5 commences (2003 c. 44)
- S.I. 2004/827 art. 2-4 commences (2003 c. 20)
- S.I. 2004/1572 art. 2 3 commences (2003 c. 20)
- S.I. 2004/2380 art. 2 commences (2004 c. 18)
- S.I. 2004/2624 art. 2 commences (2003 c. 32)
- S.I. 2004/3338 art. 2 commences (2003 c. 30)
- S.I. 2005/910 art. 3 commences (2003 c. 39)
- S.I. 2005/950 art. 2-4 commences (2003 c. 44)
- S.I. 2005/1521 art. 2-4 commences (2005 c. 15)
- S.I. 2005/1676 art. 2 commences (2005 c. 13)
- S.I. 2005/2122 art. 2 amendment to earlier commencing SI 2005/950 Sch. 2 para. 23
- S.I. 2006/2826 art. 2 commences (2004 c. 18)
- S.I. 2007/237 art. 2 commences (2006 c. 49)
- S.I. 2007/2472 art. 2 commences (2006 c. 49)
- S.I. 2007/3285 art. 2 commences (2005 c. 13)
- S.I. 2008/1918 art. 2 commences (2006 c. 49)
- S.I. 2008/2504 art. 2 commences (2007 c. 27)
- S.I. 2008/3164 art. 2-4 commences (2006 c. 49)
- S.I. 2009/107 art. 2-5 Sch. 1-5 Commencement Order
- S.I. 2009/1095 art. 2 commences (2004 c. 18)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2011/19 art. 2 commences (2006 c. 49)
- S.I. 2011/3019 art. 3 Sch. 1 Comencement Order
- S.S.I. 2008/42 art. 3 commences (2007 asp 6)
- S.S.I. 2008/192 art. 3 Sch. commences (2007 asp 6)
- S.S.I. 2008/329 art. 3 Sch. commences (2007 asp 6)
- S.S.I. 2008/362 art. 3 Sch. commences (2007 asp 6)
- S.S.I. 2009/116 art. 3 Sch. commences (2007 asp 6)
- S.S.I. 2009/238 art. 1 revocation of earlier commencing SSI 2009/116
- S.S.I. 2009/432 art. 3 Sch. 1 2 commences (2007 asp 6)
- S.S.I. 2010/413 art. 2 Sch. commences (2010 asp 13)
Prospective
59 Notification of court and date of trial in England and Wales.E+W
(1)On an occasion when a person is given a fixed penalty notice under section 54 of this Act in respect of an offence, he may be given written notification specifying the magistrates’ court by which and the date on which the offence will be tried if he gives notice requesting a hearing in respect of the offence as permitted by the fixed penalty notice.
(2)Subject to subsections (4) and (5) below, where—
(a)a person has been notified in accordance with this section of the court and date of trial of an offence in respect of which he has been given a fixed penalty notice, and
(b)he has given notice requesting a hearing in respect of the offence as permitted by the fixed penalty notice,
the provisions of the M1Magistrates’ Courts Act 1980 shall apply as mentioned in subsection (3) below.
(3)Those provisions are to have effect for the purpose of any proceedings in respect of that offence as if—
(a)the allegation in the fixed penalty notice with respect to that offence were an information duly laid in accordance with section 1 of that Act, and
(b)the notification of the court and date of trial were a summons duly issued on that information by a justice of the peace for the area for which the magistrates’ court notified as the court of trial acts, requiring the person notified to appear before that court to answer to that information and duly served on him on the date on which the notification was given.
(4)If, in a case within subsection (2) above, notice is served by or on behalf of the chief officer of police on the person who gave notice requesting a hearing stating that no proceedings are to be brought in respect of the offence concerned, that subsection does not apply and no such proceedings are to be brought against the person who gave notice requesting a hearing.
(5)Section 14 of that Act (proceedings invalid where accused did not know of them) is not applied by subsection (2) above in a case where a person has been notified in accordance with this section of the court and date of trial of an offence.
F1(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F1S. 59(6) repealed (1.7.1992) by Road Traffic Act 1991 (c.40, SIF 107:1), s. 83, Sch.8; S.I. 1992/1286, art. 2, Sch.,Appendix
Marginal Citations
Options/Help
Print Options
Print The Whole Act
Print The Whole Part
Print The Whole Cross Heading
Print This Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources