SCHEDULES

SCHEDULE 1Giving of fixed penalty notices by vehicle examiners etc.

Road Traffic Offenders Act 1988 (c. 53)

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1

Section 75 (issue of conditional offer) is amended as follows.

2

After subsection (1) insert—

1A

Where in England and Wales—

a

a vehicle examiner has reason to believe that a fixed penalty offence has been committed, and

b

no fixed penalty notice in respect of the offence has been given under section 54 of this Act or fixed to a vehicle under section 62 of this Act,

a notice under this section may be sent to the alleged offender by the Secretary of State.

3

After subsection (3A) insert—

3B

Where in Scotland a vehicle examiner—

a

on any occasion has reason to believe that a person he finds is committing or has on that occasion committed a fixed penalty offence, he may hand to that person,

b

in any case has reason to believe that a fixed penalty offence has been committed, he or another person authorised in that respect by the Secretary of State may send to the alleged offender,

a notice under this section.

4

In subsection (4), for “and (3)” substitute “ to (3B) ”.

5

In subsection (6), for “person issues a conditional offer” substitute “ conditional offer is issued by a person under subsection (1), (2) or (3) above ”.

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7

After subsection (11) insert—

11A

In this section and sections 76 and 77 of this Act “the appropriate person” means—

a

where the conditional offer was issued under subsection (1), (2) or (3) above, the fixed penalty clerk, and

b

where the conditional offer was issued under subsection (1A) or (3B) above, the Secretary of State.