Road Traffic Act 2016

Amendment of Part 3 of Act of 2010 - fixed charge offences

36. Part 3 of the Act of 2010 is amended—

(a) in section 35—

(i) by substituting for subsection (2) the following:

“(2) A prosecution in respect of a fixed charge offence shall not be instituted unless a fixed charge notice in respect of the alleged offence has been served on the person concerned under this section and the person fails to pay the appropriate payment of the fixed charge in accordance with the notice at the appropriate time specified in the notice in relation to the payment.”,


(ii) in subsection (3)(a), by substituting for subparagraph (ii) the following:

“(ii) where the person is not identified and the offence involves the use of a mechanically propelled vehicle, by delivering it or leaving it at the address at which the vehicle is registered at the time of the alleged offence,”,

(b) in section 36(2) by substituting for paragraphs (c) and (d) the following:

“(c) if the person does not make the payment specified in paragraph (b) during the period so specified, the person may, during the period of 28 days beginning on the expiration of that period, make a payment of a fixed charge as specified in the notice of an amount 50 per cent greater than the prescribed amount referred to in paragraph (b), and

(d) a prosecution in respect of the alleged offence will not be instituted during the periods specified in the notice or, if a payment so specified in accordance with the notice is made during the appropriate period so specified in relation to the payment, at all.”,

(c) in section 37(1), by substituting for paragraph (a) the following:

“(a) a person or the person to whom the notice applies may, during the period specified in the notice and in accordance with the notice, make a payment specified in the notice, at the appropriate time so specified in relation to the payment,”,


(d) in section 42(1)(c) by substituting “ Public Service Management (Recruitment and Appointments) Act 2004 ” for “ Civil Service Commissioners Act 1956 ”.