Commentary Part 7: Miscellaneous provisions Section 128: Financial penalty deposits: powers of vehicle examiners in Scotland
315.This section amends the definition of “conditional offer” in section 90F of the Road Traffic Offenders Act 1988 (c.53) (“the RTOA”). It enables financial deposit requirements to be imposed on those who are issued with conditional offers in Scotland by Vehicle and Operator Services Agency (VOSA) vehicle examiners.
316.Part 3A of the RTOA (sections 90A to 90F) was inserted by section 11 of the Road Safety Act 2006 (c.49). It establishes a system of financial penalty deposits in England and Wales and Scotland to provide a means of enforcement against offenders who avoid payment of fixed penalties and prosecution by not having a satisfactory address in the United Kingdom.
317.Under section 90A of the RTOA, police constables and vehicle examiners, appointed under section 66A of the Road Traffic Act 1988 (c.52), are able to require the payment of a deposit by a person they believe to have committed an offence in relation to a motor vehicle who does not provide a satisfactory address in the United Kingdom at which it is likely the person can be found. The police constable or vehicle examiner must also believe that the person, the offence and the circumstances in which the offence is committed are of a description specified in an order made by the Secretary of State.
318.The person must also be given written notification that it appears likely that proceedings will be brought against him in respect of the offence, or, if the offence is a fixed penalty offence, either given such notification or given a fixed penalty notice (or, in Scotland, handed a conditional offer) in respect of the offence.
319.“Conditional offer” is defined in section 90F of the RTOA to mean a notice under section 75(3)(a) of that Act. Section 75(3)(a) provides that in Scotland, a police constable may, on any occasion, hand a notice to any person he believes to be committing a fixed penalty offence, or who he believes to have committed a fixed penalty offence on that occasion.
320.The amendment extends the definition of conditional offer to include those notices under section 75(3B)(a) of the RTOA. This refers to those offers made by vehicle examiners equivalent to those made by police constables under section 75(3)(a).
321.Section 128 extends to Great Britain, but is of practical effect only in relation to Scotland.