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[F1Part 3AU.K.Financial penalty deposits

Textual Amendments

F1Pt. 3A (ss. 90A-90F) inserted (5.1.2009) by Road Safety Act 2006 (c. 49), ss. 11(1), 61(1)(10) (with s. 61(3)); S.I. 2008/3164, art. 2(b)

90APower to impose financial penalty deposit requirementU.K.

(1)A constable or vehicle examiner may impose a financial penalty deposit requirement on a person on any occasion if the conditions in this section are satisfied.

(2)The constable or vehicle examiner must have reason to believe—

[F2(a)that the person—

(i)is committing or has on that occasion committed an offence relating to a motor vehicle [F3or trailer]; or

(ii)has, within the period of 28 days before the day of that occasion, committed an offence relating to a motor vehicle which is a Community drivers’ hours offence, and]

(b)that the person, the offence and the circumstances in which the offence is committed are of a description specified in an order made by the Secretary of State.

(3)The person must be—

(a)given written notification that it appears likely that proceedings will be brought against him in respect of the offence, or

(b)(if the offence is a fixed penalty offence) either given such notification or given a fixed penalty notice (or, in Scotland, handed a conditional offer) in respect of the offence.

(4)The person must fail to provide a satisfactory address; and for this purpose “a satisfactory address” is an address in the United Kingdom at which the constable or vehicle examiner considers it likely that it would be possible to find the person whenever necessary to do so in connection with the proceedings, fixed penalty notice or conditional offer.

(5)The person who is to impose the financial penalty deposit requirement—

(a)if a constable, must be in uniform, and

(b)if a vehicle examiner, must produce his authority.]

[F4(6)A constable or vehicle examiner may not impose a financial penalty deposit requirement on a person under this section in relation to a Community drivers’ hours offence where the constable or vehicle examiner has reason to believe that—

(a)a financial penalty deposit requirement has already been imposed on the person under this section in relation to the offence;

(b)proceedings have already been initiated against the person for the offence; or

(c)any other penalty has already been imposed on, or other proceedings have already been initiated against, the person in respect of the relevant breach in Northern Ireland [F5or in another contracting country].

(7)In subsection (6)(c) “relevant breach” means the breach of the applicable Community rules which constitutes the Community drivers’ hours offence.]

Textual Amendments

F3Words in s. 90A(2)(a)(i) inserted (19.7.2018) by Haulage Permits and Trailer Registration Act 2018 (c. 19), s. 27(1), Sch. para. 5