Transport Act 1982

42 Fixed penalties offered by procurator fiscal

(1) Where a procurator fiscal receives a report that there has been committed—

(a) a fixed penalty offence ; or

(b) an offence mentioned in Schedule 2 to this Act;

and, in the former case, no fixed penalty notice has been given or affixed in accordance with section 27 of this Act, he may send to the alleged offender a notice under this section (referred to in this section as a conditional offer); and where he issues a conditional offer the procurator fiscal shall notify the clerk of court specified in it of the issue of the conditional offer and of its terms.

(2) A conditional offer—

(a) shall give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence;

(b) shall state the amount of the fixed penalty for that offence ;

(c) shall indicate that if, within twenty-eight days of the date on which the conditional offer was issued, or such longer period as may be specified in the conditional offer, the alleged offender—

(i) tenders payment of the fixed penalty to the clerk of court specified in the conditional offer at the address therein mentioned ; and

(ii) in the case of an offence involving obligatory endorsement, at the same time, delivers his driving licence to that clerk of court;

then, if the alleged offender is not liable to disqualification under section 19(2) of the [1981 c. 56.] Transport Act 1981 (disqualification where penalty points number twelve or more), and where the clerk of court accepts payment of the fixed penalty, any liability to conviction of the offence referred to in subsection (1) above shall be discharged ; and

(d) shall state that proceedings against the alleged offender shall not be commenced in respect of that offence until the end of a period of twenty-eight days from the date on which the conditional offer was issued, or such longer period as may be specified in the conditional offer.

(3) References in the provisions of this Part of this Act (other than section 27 and subsection (1) above) to a fixed penalty offence include references to any offence mentioned in Schedule 2 to this Act, and references in those provisions and in subsection (2) above to an offence involving obligatory endorsement include references to an offence mentioned in the Note to that Schedule.

(4) Where, in relation to an offence referred to in subsection (1) above, the alleged offender has delivered his driving licence to the clerk of court and tendered payment in accordance with subsection (2)(c) above, if it appears to the clerk of court, on inspecting the licence, that the alleged offender would be liable to disqualification under section 19(2) of the Transport Act 1981 (disqualification where penalty points number twelve or more) if he were convicted of that offence, the clerk of court—

(a) shall not accept payment of the fixed penalty;

(b) shall return the driving licence to the alleged offender together with the payment tendered in respect of the fixed penalty; and

(c) shall notify the procurator fiscal who issued the conditional offer that he has complied with paragraphs (a) and (b) above.

(5) Where payment of the fixed penalty has not been made and, in the case of an offence involving obligatory endorsement, the driving licence has not been delivered to the clerk of court. he shall upon the expiry of the period of twenty-eight days referred to in subsection (2)(c) or such longer period as may be specified in the conditional offer, notify the procurator fiscal who issued the conditional offer that no payment has been made and, where appropriate, that no driving licence has been delivered.

(6) Proceedings shall not be brought against any person for the offence to which a conditional offer relates until the procurator fiscal receives notification from the clerk of court in accordance with subsection (4) or (5) above.

(7) Where an alleged offender tenders payment of the fixed penalty to the clerk of court specified in the conditional offer and such payment is accepted and, where appropriate, the driving licence is endorsed no proceedings shall be brought against the alleged offender for the offence referred to in subsection (1) above.

(8) Subject to subsection (9) below, the following provisions of this Part of this Act, namely—

• section 33(1); and

• section 33(4) (a);

shall have effect in relation to a conditional offer and the payment of the fixed penalty following upon the offer as they have effect respectively in relation to a fixed penalty notice given under section 27(1) of this Act and the payment of the fixed penalty by virtue of that notice.

(9) For the purposes of subsection (8) above—

(a) references in the provisions mentioned in that subsection to the fixed penalty clerk are references to the clerk specified in accordance with subsection (2)(c)(i) above in the conditional offer ; and

(b) references in section 33(1) of this Act to the fixed penalty notice shall be construed as if they were references to the conditional offer.

(10) Notwithstanding the provisions of subsection (6) of section 27 of this Act, an offence referred to in that subsection and committed in the manner described in that subsection shall, for the purposes of this section, be a fixed penalty offence.

(11) This section applies only in relation to offences committed in Scotland.