Transport Act 1982

35 Licence receipts

(1) Where a person surrenders his driving licence to a constable on receiving a fixed penalty notice given to him under section 27(1) or 28(2) of this Act, the constable shall issue a receipt for the licence under this section.

(2) In any case within subsection (1) above the fixed penalty clerk may issue a new receipt for the licence on the application of the licence holder.

(3) A receipt issued under this section shall cease to have effect—

(a) if issued by a constable, on the expiration of the period of one month beginning with the date of issue or such longer period as may be prescribed ; and

(b) if issued by the fixed penalty clerk, on such date as he may specify in the receipt;

or, if earlier, on the return of the licence to the licence holder.

(4) A person shall not be guilty of an offence under section 101(4) of the 1972 Act by virtue of not having posted his licence or caused it to be delivered as mentioned in that subsection or by virtue of not producing it to the court for endorsement if—

(a) he has instead posted or caused to be delivered as so mentioned a current receipt for the licence issued under this section or surrenders any such receipt to the court at the hearing; and

(b) he produces the licence to the court immediately on its return.

(5) A person shall not be guilty of an offence under section 103(2) of that Act by virtue of not producing his licence to the court as required under that subsection if instead—

(a) he surrenders to the court a current receipt for the licence issued under this section ; and

(b) he produces the licence to the court immediately on its return.

(6) A person shall not be guilty of an offence under section 161(4) of that Act by virtue of not producing his licence on being required to do so by a constable under any provision of that section if either—

(a) on the occasion when the production of his licence is so required he produces a current receipt for the licence issued under this section ; or

(b) within five days after the production of his licence was so required he produces any such receipt in person at such police station as may have been specified by him on that occasion ;

and in either case, if required to do so, he produces the licence in person, immediately on its return, at such police station as may have been so specified.

(7) Where a person is not in possession of his driving licence in consequence of the fact that he has surrendered the licence as mentioned in subsection (1) above, he shall not be taken to be in breach of any duty under section 87 or 89 of that Act (revocation on disability and in certain other circumstances) to deliver his licence forthwith to the Secretary of State if he delivers his licence to the Secretary of State immediately on its return.