Part 2Criminal Justice
Surcharges
16Higher fixed penalty for repeated road traffic offences
1
The Road Traffic Offenders Act 1988 (c. 53) is amended as follows.
2
In section 53 (amount of fixed penalty), after subsection (2) insert—
3
In particular, in relation to England and Wales an order made under subsection (1)(a) may prescribe a higher fixed penalty in a case where, in the period of three years ending with the date of the offence in question, the offender committed an offence for which—
a
he was disqualified from driving, or
b
penalty points were endorsed on the counterpart of any licence held by him.
3
At the end of section 84 (regulations) (which becomes subsection (1)) insert—
2
The Secretary of State may by regulations provide that where—
a
a conditional offer has been issued under section 75 of this Act,
b
the amount of the penalty stated in the offer is not the higher amount applicable by virtue of section 53(3) of this Act, and
c
it subsequently appears that that higher amount is in fact applicable,
the fixed penalty clerk may issue a further notice (a “surcharge notice”) requiring payment of the difference between the two amounts.
3
Regulations under subsection (2) above may—
a
provide for this Part of this Act to have effect, in cases to which the regulations apply, with such modifications as may be specified;
b
make provision for the collection and enforcement of amounts due under surcharge notices.