Office of Public Sector Information

Office of Public Sector Information

Navigation


Main menu and contents

Supplementary menus and contents

Section 68.

SCHEDULE 4 Statutory Statements

Part I Statutory Statement of Ownership or Hiring

1 (1) For the purposes of Part III of this Act, a statutory statement of ownership is a statement on an official form signed by the person providing it and stating whether he was the owner of the vehicle at the time of the alleged offence and, if he was not the owner of the vehicle at that time, whether—

(a) he was never the owner, or

(b) he ceased to be the owner before, or became the owner after, that time,

and in a case within paragraph (b) above, stating, if the information is in his possession, the name and address of the person to whom, and the date on which, he disposed of the vehicle or (as the case may be) the name and address of the person from whom, and the date on which, he acquired it.

(2) An official form for a statutory statement of ownership shall—

(a) indicate that the person providing the statement in response to a notice to owner relating to an offence may give notice requesting a hearing in respect of the offence in the manner specified in the form, and

(b) direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) below in any official form for a statutory statement of facts.

2 (1) For the purposes of Part III of this Act, a statutory statement of hiring is a statement on an official form, signed by the person providing it, being a person by whom a statement of liability was signed, and stating—

(a) whether at the time of the alleged offence the vehicle was let to him under the hiring agreement to which the statement of liability refers, and

(b) if it was not, the date on which he returned the vehicle to the possession of the vehicle-hire firm concerned.

(2) An official form for a statutory statement of hiring shall—

(a) indicate that the person providing the statement in pursuance of a notice relating to an offence served under section 63 of this Act by virtue of section 66 of this Act may give notice requesting a hearing in respect of the offence in the manner specified in the form, and

(b) direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) below in any official form for a statutory statement of facts.

(3) In sub-paragraph (1) above “statement of liability”, “hiring agreement” and “vehicle-hire firm” have the same meanings as in section 66 of this Act.

Part II Statutory Statement of Facts

3 (1) For the purposes of Part III of this Act, a statutory statement of facts is a statement on an official form, signed by the person providing it, which—

(a) states that the person providing it was not the driver of the vehicle at the time of the alleged offence, and

(b) states the name and address at the time when the statement is provided of the person who was the driver of the vehicle at the time of the alleged offence.

(2) A statutory statement of facts has effect as a notice given by the driver requesting a hearing in respect of the offence if it is signed by the person identified in the statement as the driver of the vehicle at the time of the alleged offence.

(3) An official form for a statutory statement of facts shall indicate—

(a) that if a person identified in the statement as the driver of the vehicle at the time of the alleged offence signs the statement he will be regarded as having given notice requesting a hearing in respect of the offence,

(b) that the person on whom the notice to owner relating to the offence is served may not give notice requesting a hearing in respect of the offence on his own account if he provides a statutory statement of facts signed by a person so identified, and

(c) that if the fixed penalty is not paid before the end of the period stated in the notice to owner as the period for response to the notice, a sum determined by reference to that fixed penalty may be registered without any court hearing for enforcement as a fine against the person on whom the notice to owner is served, unless he has given notice requesting a hearing in respect of the offence,

but that, in a case within paragraph (c) above, the sum in question may not be so registered if the person on whom the notice to owner is served provides a statutory statement of facts as mentioned in paragraph (b) above until two months have elapsed from the end of the period so stated without service of a summons or, in Scotland, complaint in respect of the offence on the person identified in that statement as the driver of the vehicle.

Section 75.

SCHEDULE 5 Scotland: Additional Offences Open to Conditional Offer

Offence under the Vehicles (Excise) Act 1971 (c. 10)

Section 15(2) of the Vehicles (Excise) Act 1971. Failure to surrender excise licence when required to do so by Secretary of State.

Offence under the Road Traffic Regulation Act 1984 (c. 27)

Section 53(6) of the Road Traffic Regulation Act 1984. Breach of provision of parking place designation order having effect by virtue of section 53(1)(b).

Offences under the Roads (Scotland) Act 1984 (c. 54)

Section 65(1) of the Roads (Scotland) Act 1984 Conveying insecure load on drawn vehicle.
Section 65(2) of that Act Permitting child to drive drawn vehicle.
Section 95(1) of that Act Dropping and failing to remove mud, etc.
Section 129(3) of that Act. Carrying projecting load.
Section 129(5) of that Act. Driving on footway, etc.
Section 129(6) of that Act. Parking motor vehicle on cycle track.

Offences under the Road Traffic Act 1988 (c. 52)

RTA section 24 Unlawful carrying of passengers on bicycle.
RTA section 26 Holding or getting onto a moving vehicle to be carried, or holding onto a moving vehicle to be towed.
RTA section 27 Causing or permitting dog to be on designated road without a lead.
RTA section 37 Failure by pedestrians to comply with directions of constable regulating vehicular traffic.
RTA section 47 Using a vehicle without a valid test certificate.
Regulations made by virtue of RTA section 51(2) Failure of driver of goods vehicle to be present throughout testing of vehicle.
RTA section 53(1) Using goods vehicle without valid required plating certificate.
RTA section 53(3) Using altered goods vehicle where alteration not notified to Secretary of State under section 49.
Regulations made by virtue of RTA section 61(4) Failure of driver of vehicle to be present throughout testing of vehicle after notification of alteration.
RTA section 63 Using vehicle without valid type approval certificate, or using goods vehicle to draw trailer where plating certificate does not state maximum laden weight for vehicle and trailer or using altered vehicle where alteration not notified to Secretary of State under section 59.
RTA section 64 Using goods vehicle with unauthorised as well as authorised weights marked on it.
RTA section 87(2) Causing or permitting person to drive without licence.
RTA section 94(3) Failure to notify relevant or prospective disability.
RTA section 96(1) Driving with uncorrected defective eyesight.
RTA section 99(5) Driving licence holder failing, when his particulars become incorrect, to surrender licence and give particulars.
RTA section 110 Driving HGV without HGV driver’s licence or causing or permitting person to drive HGV without HGV driver’s licence.
RTA section 112 Failure to comply with conditions of HGV driver’s licence or employing person under 21 to drive HGV in contravention of conditions of his licence.
Regulations under RTA section 117 Contravention of provisions of regulations about HGV drivers' licences which is declared by the regulations to be an offence.
RTA section 136 Failure of driving instructor to surrender licence or certificate to Registrar when required.
RTA section 137 Failure to produce certificate of registration or licence as driving instructor.
RTA section 147 Failure to surrender certificate of insurance on cancellation or to make statutory declaration.
RTA section 164(8) Failure to furnish Secretary of State with evidence of date of birth, etc.
RTA section 165 Failure to give constable certain names and addresses or to produce certificate of insurance or certain test and other like documents or failure of person supervising learner driver to give constable certain names and addresses.
RTA section 169 Failure of pedestrian contravening section 37 to give name and address to constable.
RTA section 170 Failure of driver in accident involving injury to another to produce evidence of insurance or report the accident.

Offence under this Act

Section 25(6) of this Act Failure to provide Secretary of State when required with evidence of date of birth.