Home / Advice / FCN Cites Repealed RTA 1961 s.103 Instead of RTA 2010 s.35
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FCN Cites Repealed RTA 1961 s.103 Instead of RTA 2010 s.35

Section 103 of the Road Traffic Act 1961 (the historic FCN framework) was repealed on 1 June 2017 and replaced by Part 3 of the Road Traffic Act 2010 (sections 35–44). Any FCN issued today that prints 'Section 103 Road Traffic Act 1961' on its face — or a council bye-law that has not been updated to cross-reference the 2010 Act — has a citation defect. The defect goes to whether the notice is in the 'prescribed form'.

Legal basis

Road Traffic Act 2010, Part 3 (Fixed Charge Notice Offences), in particular s.35 (service) and s.37 (prosecution bar); repealed Road Traffic Act 1961 s.103.

How to identify this in your case

Look at the legal-basis text printed on the FCN. If it cites only 'RTA 1961 s.103' or the 1962/1976/1999 SI series under s.103 without referencing RTA 2010 Part 3, raise it as a citation defect.

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