Road Traffic Offenders Act 1988

83 Powers of court [F1 in cases of deception]. E+W+S

(1) This section applies where—

(a) in endorsing [F2 the counterpart of] any person’s licence under section 57 of this Act, the fixed penalty clerk [F3 or the Secretary of State] is deceived as to whether endorsement under that section is excluded by section 61(2) of this Act by virtue of the fact that the licence holder would be liable to be disqualified under section 35 of this Act if he were convicted of the offence, or

(b) in endorsing [F4 the counterpart of] any person’s licence under section 77 of this [F5 Act the appropriate person is deceived as to whether proceedings against the person are excluded by section 76 of this Act] by virtue of the fact that the licence holder would be liable to be disqualified under section 35 of this Act if he were convicted of the offence.

[F6 (1A) This section also applies where—

(a) particulars are endorsed on a person's driving record under section 57A of this Act because the fixed penalty clerk or the Secretary of State is deceived as to whether endorsement under that section is excluded by section 61A(2) of this Act by virtue of the fact that the person to whom the fixed penalty notice was given would be liable to be disqualified under section 35 of this Act if he were convicted of the offence, or

(b) particulars are endorsed on a person's driving record under section 77A of this Act because the appropriate person or court is deceived as to whether proceedings against the person are excluded by section 76 of this Act by virtue of the fact that the person to whom the conditional offer is issued would be liable to be disqualified under section 35 of this Act if he were convicted of the offence.]

(2) If—

(a) the deception constituted or was due to an offence committed by the [F7 person to whom the fixed penalty notice was given or conditional offer was issued] , and

(b) [F8 he] is convicted of that offence,

the court by or before which he is convicted shall have the same powers and duties as it would have had if he had also been convicted by or before it of the offence of which particulars were endorsed under section 57 [F9 or 57A] or, as the case may be, 77 [F10 or 77A] of this Act.

Textual Amendments

F1 Words in s. 83 heading substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 21(3); S.I. 2008/3164, art. 3(b)

F2 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 24(a)

F3 Words in s. 83(1)(a) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 21(2)(a); S.I. 2008/3164, art. 3(b)

F4 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2, para. 24(b)(i)(ii)

F5 Words in s. 83(1)(b) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 21(2)(b); S.I. 2008/3164, art. 3(b)

F6 S. 83(1A) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 28(2); S.I. 2008/3164, art. 4(b)

F7 Words in s. 83(2)(a) substituted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 28(3)(a); S.I. 2008/3164, art. 4(b)

F8 Word in s. 83(2)(b) substituted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 28(3)(b); S.I. 2008/3164, art. 4(b)

F9 Words in s. 83(2) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 28(3)(c); S.I. 2008/3164, art. 4(b)

F10 Words in s. 83(2) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 28(3)(d); S.I. 2008/3164, art. 4(b)