Road Traffic Offenders Act 1988

61 Fixed penalty notice mistakenly given: exclusion of fixed penalty procedures. E+W+S

(1) This section applies where, on inspection of a licence [F1 and its counterpart] sent to him under section 54(7) of this Act, it appears to the fixed penalty clerk that the person whose licence it is would be liable to be disqualified under section 35 of this Act if he were convicted of the offence in respect of which the fixed penalty notice was given.

(2) The fixed penalty clerk must not endorse the [F2 counterpart of the] licence under section 57 of this Act but must instead send it [F2 together with the licence] to the chief officer of police.

(3) Nothing in this Part of this Act prevents proceedings being brought in respect of the offence in respect of which the fixed penalty notice was given where those proceedings are commenced before the end of the period of six months beginning with the date on which that notice was given.

(4) Where proceedings in respect of that offence are commenced before the end of that period, the case is from then on to be treated in all respects as if no fixed penalty notice had been given in respect of the offence.

(5) Accordingly, where proceedings in respect of that offence are so commenced, any action taken in pursuance of any provision of this Part of this Act by reference to that fixed penalty notice shall be void (including, but without prejudice to the generality of the preceding provision—

(a) the registration under section 71 of this Act of any sum, determined by reference to the fixed penalty for that offence, for enforcement against the person whose licence it is as a fine, and

(b) any proceedings for enforcing payment of any such sum within the meaning of sections 73 and 74 of this Act (defined in section 74(5))).

[F3 (6) In determining for the purposes of subsection (1) above whether a person convicted of an offence would be liable to disqualification under section 35, 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 of Schedule 2 to this Act, that the number of penalty points to be attributed to the offence would be the lowest in the range.]

Annotations:

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Amendments (Textual)

F1 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 19(a)

F2 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 19(b)(i)(ii)

F3 S. 61(6) added (1.7.1992) by Road Traffic Act 1991 (c.40, SIF 107:1), s. 48, Sch. 4 para.104; S.I. 1992/1286, art. 2,Sch.