Road Traffic Act 1961

Subject to this section, a police officer may give a person a notice of licence disqualification or suspension that includes the prescribed particulars if—

the police officer reasonably believes that the person has committed an offence against section 45A;

the person has been given an expiation notice for an offence against section 79B constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of an offence against section 45A.

If a person is given a notice of licence disqualification or suspension under subsection (1)—

in the case of a person who does not hold a driver's licence—the person is disqualified from holding or obtaining a driver's licence for the relevant period; or

in the case of a person who holds a driver's licence—the person's driver's licence is suspended for the relevant period.

The

The

The operation of a notice of licence disqualification or suspension is not affected by any failure to comply with subsection (4).

If—

a period of licence disqualification or suspension has applied to a person as a result of the person having been given a notice of licence disqualification or suspension under this section; and

a court convicts the person of the offence in relation to which the notice was given or another offence arising out of the same course of conduct; and

a mandatory minimum period of disqualification would (apart from this subsection) be required to be imposed for the offence, then—

the court must order that the person be disqualified from holding or obtaining a driver's licence for a period determined by the court (and if the person is the holder of a driver's licence, the disqualification operates to cancel the licence from the commencement of that period); and

despite any other provision of this or any other Act, the court must, in determining the period, take into account the period of licence disqualification or suspension that has applied to the person as a result of the notice and may impose a period that is less than the mandatory minimum period of disqualification (provided that the period imposed is not less than the difference between the mandatory minimum and the period that has applied as a result of the notice).

Subject to subsection (9), no compensation is payable by the Crown or a police officer in respect of the exercise, or purported exercise, of powers under this section.

Subsection (8) does not protect a police officer from liability in respect of the exercise, or purported exercise, of powers otherwise than in good faith.

For the purposes of this section—

the

in the case of a notice given to a person who has been given an expiation notice for an offence against section 79B—28 days after the notice of licence disqualification or suspension is given to the person; or

in any other case—at the time at which the person is given the notice of licence disqualification or suspension or, if a police officer referred to in subsection (1) is satisfied that, in the circumstances, it would be appropriate to postpone the commencement of the relevant period and the notice indicates that the commencement is to be postponed, 48 hours after the time at which the person is given the notice;

the

when proceedings for the offence to which the notice relates are determined by a court or are withdrawn or otherwise discontinued; or

in any event—at the end of 6 months from the commencement of the relevant period.

A regulation made before the commencement of this subsection prescribing the form of a notice of licence disqualification or suspension under this section or varying such a form is declared to be, and to have always been, valid.

A notice given to a person by a police officer before the commencement of this subsection that purported to be a notice of licence disqualification or suspension under this section is declared to be, and to have always been, valid if the notice includes the prescribed particulars and was given in the circumstances specified in subsection (1).

If the Commissioner of Police is satisfied that a notice of licence disqualification or suspension under this section should not have been given because—

the notice has been given to a particular person in error; or

the notice is defective; or

there is other proper cause for which the notice should not have been given, the

A withdrawal referred to in subsection (13) is effected by giving notice of the withdrawal, in a manner and form determined by the Commissioner, to the person to whom the notice of licence disqualification or suspension was given.

The notice of withdrawal must specify the reason for withdrawal.

If a notice of licence disqualification or suspension under this section is withdrawn, the Commissioner of Police may, if satisfied that there are proper grounds to give a fresh notice of licence disqualification or suspension to any person, give such a notice.