Transport Act 1982

41 Provision for exclusion of fixed penalty procedures where fixed penalty notice mistakenly given

(1) This section applies where on inspection of any driving licence sent to him under section 34(3) of this Act after being surrendered by the licence holder on the occasion when he was given a fixed penalty notice in respect of an offence under section 27(1) or 28(2) of this Act it appears to the fixed penalty clerk that the licence holder would 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.

(2) The fixed penalty clerk may not endorse the licence under section 34 of this Act, but shall instead send it to the chief officer of police.

(3) Nothing in this Part of this Act shall prevent proceedings being brought in respect of the offence for which the fixed penalty notice was given, provided that those proceedings are commenced before the end of the period of six months beginning with the date on which that notice was given.

(4) If proceedings in respect of that offence are commenced before the end of that period, the case shall thereupon be treated in all respects as if no fixed penalty notice had been given in respect of the offence; and accordingly, any action taken in pursuance of any provision of this Part of this Act by reference to that fixed penalty notice shall be void (including, but without prejudice to the generality of the preceding provision, the registration under section 36 of this Act of any sum determined by reference to the fixed penalty for that offence for enforcement against the licence holder as a fine and any proceedings for enforcing payment of any such sum within the meaning of section 38 of this Act).