Transport Act 1982

28 Fixed penalty notices given at a police station

(1) In any case where—

(a) a constable in uniform finds a person on any occasion and has reason to believe that on that occasion he is committing or has committed a fixed penalty offence ;

(b) the offence appears to the constable to be an offence involving obligatory endorsement; and

(c) the person concerned does not produce his driving licence for inspection by the constable ;

the constable may give him a notice stating that if, within five days after the notice is given, he produces the notice together with his driving licence in person to a constable at the police station specified in the notice (being a police station chosen by the person concerned) and the requirements of subsection (2)(a) and (b) below are met he will then be given a fixed penalty notice in respect of the offence.

(2) If a person to whom a notice has been given under subsection (1) above produces the notice together with his driving licence in person to a constable at the police station specified in the notice within five days after the notice was so given to him and the following requirements are met, that is—

(a) the constable is satisfied, on inspecting the licence, that he would not be liable to be disqualified under section 19(2) of the [1981 c. 56.] Transport Act 1981 (disqualification where penalty points number twelve or more) if he were convicted of that offence; and

(b) he surrenders his driving licence to the constable to be retained and dealt with in accordance with this Part of this Act;

the constable shall give him a fixed penalty notice in respect of the offence to which the notice under subsection (1) above relates.

(3) A notice under subsection (1) above shall give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence.

(4) This section does not apply in respect of offences committed in Scotland and a notice under this section may not specify a police station in Scotland.