Part 5: Road traffic Section 94: Removal of requirement to deliver up licence where conditional offer
This section relates to the procedures for conditional offers of fixed penalties set out in sections 75 to 77A of the RTOA 1988. The section omits the requirements for delivery and dealing with driving licences.
	Subsection (2)(a) adds to the information to the driver that must be included in a conditional offer where the offer relates to an offence involving obligatory endorsement. The offer must indicate that if the driver is to validly pay the fixed penalty the driver must include with the payment certain information as to the driver’s identity (see notes below on subsection (2)(b) and (c)).
	Subsection (2)(b) and (c) removes, as one of the conditions which must be fulfilled for the acceptance of a conditional offer to be effective, the requirement for the licence to be delivered to the fixed penalty clerk or the Secretary of State (in cases where the alleged offence involves obligatory endorsement, and the alleged offender is the holder of a licence). It substitutes a condition that the payee provides the fixed penalty clerk, or the Secretary of State, with the payee’s name, date of birth and licence number, or otherwise satisfies them as to the payee’s identity.
	Subsection (3) amends section 76 of the RTOA 1988 (effect of offer and payment of penalty) as follows:
Firstly it amends the wording of section 76(2) so that it provides, in effect, that no proceedings shall be brought against an alleged offender for the offence to which a conditional offer applies where that person not only pays the fixed penalty but also fulfils the identification requirements.
Secondly it removes from section 76(3) the reference to a licence being returned to an alleged offender, where it transpires that the person is not eligible for a conditional offer due to their being liable to disqualification for totting up 12 or more penalty points.
Thirdly it adjusts the wording in section 76(4), for consistency of language with the amendment referred to in (a) above.
	Subsection (4) amends section 77A (endorsement of driving records where penalty paid) to omit any reference to licences having to be delivered, sent or returned to any party.