Transport Act 1982

37 Registration and endorsement invalid in certain circumstances

(1) This section applies where—

(a) a person who has received notice of the registration of a sum under section 36 of this Act for enforcement against him as a fine makes a statutory declaration to the effect mentioned in subsection (2) or (3) below (as the case may require); and

(b) that declaration is served within twenty-one days of the date on which the person making it received notice of the registration on the clerk of the relevant court.

(2) In a case where the registration was made by virtue of section 30(3) of this Act, the statutory declaration must state either—

(a) that the person making the declaration was not the person to whom the relevant fixed penalty notice was given; or

(b) that he gave notice requesting a hearing in respect of the alleged offence as permitted by the fixed penalty notice before the end of the suspended enforcement period.

(3) In a case where the registration was made by virtue of section 32(2) of this Act, the statutory declaration must state either—

(a) that the person making the declaration did not know of the fixed penalty concerned or of any fixed penalty notice or notice to owner relating to that penalty until he received notice of the registration ; or

(b) that he was not the owner of the vehicle at the time of the alleged offence of which particulars are given in the relevant notice to owner and that he has a reasonable excuse for failing to comply with that notice; or

(c) that he gave notice requesting a hearing in respect of that offence as permitted by the relevant notice to owner before the end of the period allowed under section 31 of this Act for response to that notice.

(4) In any case within subsection (2)(a) above the relevant fixed penalty notice, the registration and any proceedings taken before the declaration was served for enforcing payment of the sum registered shall be void.

(5) Where in any such case the person to whom the relevant fixed penalty notice was given surrendered a driving licence held by the person making the declaration, any endorsement of that licence made under section 34 of this Act in respect of the offence in respect of which that notice was given shall be void.

(6) In any case within subsection (2)(b) above—

(a) the registration, any proceedings taken before the declaration was served for enforcing payment of the sum registered, and any endorsement, in respect of the offence in respect of which the relevant fixed penalty notice was given, made under section 34 of this Act before the declaration was served, shall be void ; and

(b) the case shall be treated after the declaration is served as if the person making the declaration had given notice requesting a hearing in respect of the alleged offence as stated in the declaration.

(7) In any case within subsection (3)(a) or (b) above, the relevant notice to owner, the registration and any proceedings taken before the declaration was served for enforcing payment of the sum registered shall be void, but without prejudice, in a case within paragraph (a) of that subsection, to the service of a further notice to owner under section 31 of this Act on the person making the declaration.

This subsection applies whether or not the relevant notice to owner was duly served in accordance with that section on the person making the declaration.

(8) In any case within subsection (3)(c) above, no proceedings for enforcing payment of the sum registered shall be taken after the statutory declaration is served until the end of the period of twenty-one days following the date of that declaration; and where before the end of that period a notice is served by or on behalf of the chief officer of police on the person making the declaration asking him to furnish a new statutory statement of ownership to that chief officer of police before the end of the period of twenty-one days from the date on which the notice is served, no such proceedings shall be taken until the end of the period allowed for response to that notice.

(9) Where in any case within subsection (3)(c) above—

(a) no notice is served by or on behalf of the chief officer of police in accordance with subsection (8) above ; or

(b) such a notice is so served and the person making the declaration furnishes a new statutory statement of ownership in accordance with the notice ;

the registration and any proceedings taken before the declaration was served for enforcing payment of the sum registered shall be void, and the case shall be treated after the time mentioned in subsection (10) below as if the person making the declaration had given notice requesting a hearing in respect of the alleged offence as stated in the declaration.

(10) The time referred to in subsection (9) above is—

(a) in a case within paragraph (a) of that subsection, the end of the period of twenty-one days following the date of the statutory declaration ;

(b) in a case within paragraph (b) of that subsection, the time when the statement is furnished.