Transport Act 1982

32 Punishment without prosecution in cases within section 31

(1) Proceedings in respect of an offence to which a notice to owner relates shall not be brought against the person on whom the notice to owner was served unless he has given notice requesting a hearing in respect of that offence in the manner indicated by the notice to owner before the end of the period allowed under section 31 of this Act for response to the notice to owner.

(2) Subject to subsection (5)(b) below, where apart from this section proceedings in respect of an offence to which a notice to owner relates would lie by virtue of section 31(6) of this Act against the person on whom that notice was served, a sum equal to the fixed penalty plus one-half of the amount of that penalty may be registered under section 36 of this Act for enforcement against that person as a fine.

(3) A notice to owner relating to any offence shall indicate that the person on whom it is served may, before the end of the period allowed under section 31 of this Act for response to the notice, either—

(a) give notice requesting a hearing in respect of the offence in the manner indicated by the notice; or

(b) if he was not the driver of the vehicle at the time of the alleged offence and a person purporting to be the driver wishes to give notice requesting a hearing in respect of the offence, furnish together with a statutory statement of ownership furnished as requested in that notice a statutory statement of facts (as defined by Part II of Schedule 3 to this Act) which has effect by virtue of that Schedule as a notice requesting a hearing in respect of the offence given by the driver.

(4) In any case where a notice to owner relating to an offence may be served under section 31 of this Act, no proceedings shall be brought in respect of the offence against any person other than a person on whom such a notice has been served, unless he is identified as the driver of the vehicle at the time of the alleged offence in a statutory statement of facts furnished in pursuance of subsection (3)(b) above by a person on whom such a notice has been served.

(5) In any case where a person on whom a notice to owner relating to any offence has been served furnishes a statutory statement of facts in pursuance of subsection (3) (b) above—

(a) any notice requesting a hearing in respect of the offence he purports to give on his own account shall be of no effect; and

(b) the sum mentioned in subsection (2) above may not be registered for enforcement against him as a fine unless no summons or, in Scotland, complaint in respect of the offence in question is served on the person identified in that statement as the driver within the period of two months immediately following the period allowed under section 31 of this Act for response to the notice to owner.

(6) Once any sum determined by reference to the fixed penalty for an offence has been registered by virtue of this section under section 36 of this Act for enforcement as a fine against a person on whom a notice to owner relating to that offence has been served, no proceedings shall be brought against any other person in respect of that offence.