Transport Act 1982

34 Endorsement of licences without hearings

(1) Subject to subsection (2) below, where a person (" the licence holder ") has surrendered his driving licence to a constable on the occasion when he was given a fixed penalty notice under section 27(1) or 28(2) of this Act, his licence may be endorsed in accordance with this section without any order of a court.

(2) A person's licence may not be endorsed under this section if before the end of the suspended enforcement period he gives notice requesting a hearing in respect of the offence to which the fixed penalty notice relates in the manner specified in the fixed penalty notice, unless proceedings against him in respect of the offence are nevertheless excluded by section 33(5) of this Act by payment of the fixed penalty before the end of that period.

(3) A licence surrendered in accordance with section 27 or 28 of this Act shall be sent to the fixed penalty clerk.

(4) Where the fixed penalty is paid before the end of the suspended enforcement period, the fixed penalty clerk shall thereupon endorse the relevant particulars on the licence and return it to the licence holder.

(5) Where any sum determined by reference to the fixed penalty is registered under section 36 of this Act for enforcement against the licence holder as a fine, the fixed penalty clerk shall endorse the relevant particulars on the licence and return it to the licence holder—

(a) if he is himself the clerk who registers that sum, on

registration of that sum ; and

(b) in any other case, on being notified of the registration by the clerk who registers that sum.

(6) References above in this section to the relevant particulars are references to—

(a) particulars of the offence, including the date when it was committed; and

(b) the number of penalty points shown in respect of the offence in Schedule 7 to the [1981 c. 56.] Transport Act 1981 (points to be taken into account in determining disqualification for repeated offences).

(7) On the endorsement of a person's licence under this section he shall be treated for the purposes of—

(a) the provisions of section 101(1) of the 1972 Act (power of court to order endorsement) with respect to evidence of any conviction ordered to be endorsed under that section;

(b) subsections (5) to (8) of that section (effect and removal of endorsement);

(c) section 182(2A) of that Act (admissibility in evidence of records maintained by the Secretary of State);

(d) section 19 of the Transport Act 1981 (disqualification for repeated offences); and

(e) the [1974 c. 53.] Rehabilitation of Offenders Act 1974 ;

as if he had been convicted of the offence and the endorsement had been made in pursuance of an order made on his conviction by a court under section 101(1) of the 1972 Act, and as if the particulars of the offence endorsed by virtue of subsection (6)(a) above were particulars of his conviction of that offence.

(8) In relation to any endorsement of a person's licence under this section—

(a) the reference in section 101(6) of the 1972 Act to the order for endorsement; and

(b) the references in section 182(2A) of that Act to any order made on a person's conviction;

shall be read as references to the endorsement itself.

(9) Where

(a) in endorsing any person's licence under this section the fixed penalty clerk is deceived as to whether endorsement under this section is excluded by section 41(2) of this Act by virtue of the fact that the licence holder would be liable to be disqualified under section 19(2) of the [1981 c. 56.] Transport Act 1981 if he were convicted of the offence; and

(b) the deception constituted or was due to an offence committed by the licence holder ;

then, if 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 it had convicted him of the offence of which particulars were endorsed under this section.

(10) On endorsing a person's licence under this section the fixed penalty clerk shall send notice of the endorsement and of the particulars endorsed to the Secretary of State.