Law

Road Traffic Offenders Act 1988

United Kingdom · statute

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In force since 2026-10-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 136 provisions
  1. Title and introductory text
  2. 1 Requirement of warning etc. of prosecutions for certain offences.
  3. 2 Requirement of warning etc: supplementary.
  4. 3 Restriction on institution of proceedings for certain offences.
  5. 4 Offences for which local authorities in England and Wales may institute proceedings.
  6. 5 Exemption from Licensing Act offence.
  7. 6 Time within which summary proceedings for certain offences must be commenced.
  8. 7 Duty of accused to provide licence.
  9. 8 Duty to include date of birth and sex in written plea of guilty.
  10. 9 Mode of trial.
  11. 10 Jurisdiction of district court in Scotland.
  12. 11 Evidence by certificate as to driver, user or owner.
  13. 12 Proof, in summary proceedings, of identity of driver of vehicle.
  14. 13 Admissibility of records as evidence.
  15. 14 Use of records kept by operators of goods vehicles.
  16. 15 Use of specimens in proceedings for an offence under any of sections 3A to 5A of the Road Traffic Act.
  17. 16 Documentary evidence as to specimens in such proceedings.
  18. 17 Provisions as to proceedings for certain offences in connection with the construction and use of vehicles and equipment.
  19. 18 Evidence by certificate as to registration of driving instructors and licences to give instruction.
  20. 19 Evidence of disqualification in Scotland.
  21. 20 Speeding offences etc: admissibility of certain evidence.
  22. 21 Proceedings in which evidence of one witness sufficient in Scotland.
  23. 22 Notification of disability.
  24. 23 Alternative verdicts in Scotland.
  25. 24 Alternative verdicts: general.
  26. 25 Information as to date of birth and sex.
  27. 26 Interim disqualification.
  28. 27 Production of licence.
  29. 28 Penalty points to be attributed to an offence.
  30. 29 Penalty points to be taken into account on conviction.
  31. 30 Penalty points: modification where fixed penalty also in question.
  32. 31 Court may take particulars endorsed ... into consideration.
  33. 32 In Scotland, court may take extract from licensing records into account.
  34. 33 Fine and imprisonment.
  35. 33A Forfeiture of vehicles: Scotland.
  36. 34 Disqualification for certain offences.
  37. 34A Reduced disqualification period for attendance on courses.
  38. 34B Certificates of completion of courses.
  39. 34BA Approval of courses
  40. 34C Provisions supplementary to sections 34A and 34B.
  41. 35 Disqualification for repeated offences.
  42. 35A Extension of disqualification where custodial sentence also imposed
  43. 35B Effect of custodial sentence in other cases
  44. 35C Extension of disqualification where sentence of imprisonment also imposed: Scotland
  45. 35D Effect of sentence of imprisonment in other cases: Scotland
  46. 36 Disqualification until test is passed.
  47. 37 Effect of order of disqualification.
  48. 37A Surrender of licence to Secretary of State where disqualified
  49. 38 Appeal against disqualification.
  50. 39 Suspension of disqualification pending appeal.
  51. 40 Power of appellate courts in England and Wales to suspend disqualification.
  52. 41 Power of appellate courts in Scotland to suspend disqualification.
  53. 41A Suspension of disqualification pending determination of applications under section 34B.
  54. 42 Removal of disqualification.
  55. 43 Rule for determining end of period of disqualification.
  56. 44 Orders for endorsement
  57. 44A Endorsement of driving record in accordance with order
  58. 45 Effect of endorsement of counterparts.
  59. 45A Effect of endorsement of driving records
  60. 46 Combination of disqualification and endorsement with probation orders and orders for discharge.
  61. 47 Supplementary provisions as to disqualifications and endorsements.
  62. 48 Exemption from disqualification and endorsement for certain construction and use offences.
  63. 49 Offender escaping consequences of endorseable offence by deception.
  64. 50 Powers of district court in Scotland.
  65. 51 Fixed penalty offences.
  66. 52 Fixed penalty notices.
  67. 53 Amount of fixed penalty.
  68. 54 Notices on-the-spot etc..
  69. 55 Effect of fixed penalty notice given under section 54.
  70. 56 Licence receipts.
  71. 57 Endorsement of counterparts without hearings.
  72. 57A Endorsement of driving records without hearings
  73. 58 Effect of endorsement of counterpart without hearing.
  74. 58A Effect of endorsement of driving record without hearing
  75. 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  76. 61 Fixed penalty notice mistakenly given to licence holder: exclusion of fixed penalty procedures.
  77. 61A Fixed penalty notice mistakenly given ...: exclusion of fixed penalty procedures
  78. 62 Fixing notices to vehicles.
  79. 63 Service of notice to owner if penalty not paid.
  80. 64 Enforcement or proceedings against owner.
  81. 65 Restrictions on proceedings against owner and others.
  82. 66 Hired vehicles.
  83. 67 False statements in response to notices to owner.
  84. 68 “Owner”, “statutory statement” and “official form”.
  85. 69 Payment of penalty.
  86. 70 Registration certificates.
  87. 71 Registration of sums payable in default.
  88. 72 Notices on-the-spot etc.: when registration and endorsement invalid.
  89. 73 Notices fixed to vehicles: when registration invalid.
  90. 74 Provisions supplementary to sections 72 and 73.
  91. 75 Issue of conditional offer.
  92. 76 Effect of offer and payment of penalty.
  93. 77 Endorsement of counterparts where penalty paid.
  94. 77A Endorsement of driving records where penalty paid
  95. 78 General restriction on proceedings.
  96. 79 Statements by constables.
  97. 80 Certificates about payment etc.
  98. 81 Documents signed by the accused.
  99. 82 Accounting for fixed penalties: England and Wales.
  100. 83 Powers of court in cases of deception.
  101. 84 Regulations.
  102. 84A Notices to Secretary of State
  103. 85 Service of documents.
  104. 86 Functions of traffic wardens.
  105. 87 Guidance on application of Part III.
  106. 88 Procedure for regulations and orders.
  107. 89 Interpretation.
  108. 90 Index to Part III.
  109. 90A Power to impose financial penalty deposit requirement
  110. 90B Financial penalty deposit requirement
  111. 90C Making of payment in compliance with requirement
  112. 90D Prohibition on driving on failure to make payment
  113. 90E Orders about financial penalty deposits
  114. 90F Financial penalty deposits: interpretation
  115. 90G Power to charge fees: England and Wales
  116. 90H Power to prevent courses being offered for repeat offences: England and Wales
  117. 90I Further provision about regulations under this Part
  118. 91 Penalty for breach of regulations.
  119. 91ZA Application to Northern Ireland licence holders
  120. 91ZB Effect of endorsement on Northern Ireland licence holders
  121. 91A Application to Community licence holders.
  122. 91B Effect of endorsement on Community licence holders.
  123. 92 Application to Crown.
  124. 93 Application of sections 15 and 16 to persons subject to service discipline.
  125. 94 Proceedings in respect of offences in connection with Crown vehicles.
  126. 95 Destination of Scottish fines.
  127. 96 Meaning of “offence involving obligatory endorsement”.
  128. 97 Meaning of “offence involving obligatory disqualification” and “offence involving discretionary disqualification”.
  129. 97A Meaning of “driving record”
  130. 98 General interpretation.
  131. 99 Short title, commencement and extent.
  132. SCHEDULE 1 Offences to which sections 1, 6, 11 and 12(1) apply
  133. SCHEDULE 2 Prosecution and Punishment of Offences
  134. SCHEDULE 3 Fixed Penalty Offences
  135. SCHEDULE 4 Statutory Statements
  136. SCHEDULE 5 Scotland: Additional Offences Open to Conditional Offer

Proposed changes to this act

No one has proposed a change to this act yet.

136 provisions

91A Application to Community licence holders.

(1) The references in sections 7, 26(7) and (8) ... , 27 and 37A of this Act to a licence includes references to a Community licence; and accordingly the reference in section 27(3)(b) of this Act to the suspension of a licence is to be construed in relation to a Community licence as a reference to the Community licence holder ceasing to be authorised by virtue of section 99(A)(1) of the Road Traffic Act 1988 to drive in Great Britain a motor vehicle of any class. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Where a court orders the holder of a Community licence to be disqualified, it must send the Community licence ..., on its being produced to the court, to the Secretary of State. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) Where— (a) a notice is sent to the Secretary of State under section 44A above for the endorsement of a person's driving record with any particulars or penalty points, and (b) the particulars contained in the notice include— (i) particulars of an offence in respect of which the holder of a Community licence, or a person normally resident in an EEA state who does not hold a licence, is disqualified by an order of a court, and (ii) particulars of the disqualification, the Secretary of State must send a notice containing the particulars mentioned in paragraph (b)(i) and (ii) to the licensing authority in the EEA state in respect of which the Community licence was issued or, where the person disqualified is not the holder of a licence, the licensing authority in the EEA state where the person is normally resident. (7A) Where a Community licence has been sent to the Secretary of State in pursuance of subsection (5) above, he must return the Community licence to the holder— (a) on the expiry of the period of disqualification, or (b) if earlier, on being satisfied that the holder has left Great Britain and is not normally resident there. (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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91B Effect of endorsement on Community licence holders.

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92 Application to Crown.

The following provisions of this Act apply to vehicles and persons in the public service of the Crown: sections 1, 2, 3, 15, 16 20 and 49 and the provisions connected with the licensing of drivers.

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93 Application of sections 15 and 16 to persons subject to service discipline.

(1) Sections 15 and 16, in their application to persons subject to service discipline, apply outside as well as within Great Britain and have effect as if— (a) references to proceedings for an offence under any enactment included references to proceedings for the corresponding service offence, (b) references to the court included a reference to any naval, military, or air force authority before whom the proceedings take place, (c) references to a constable included references to a member of the provost staff, and (d) in section 15, subsection (4) were omitted. (2) Expressions used in this section have the same meaning as in sections 3A to 10 of the Road Traffic Act 1988.

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94 Proceedings in respect of offences in connection with Crown vehicles.

(1) Where an offence under the Traffic Acts is alleged to have been committed in connection with a vehicle in the public service of the Crown, proceedings may be brought in respect of the offence against a person nominated for the purpose on behalf of the Crown. (2) Subject to subsection (3) below, where any such offence is committed any person so nominated shall also be guilty of the offence as well as any person actually responsible for the offence (but without prejudice to proceedings against any person so responsible). (3) Where any person is convicted of an offence by virtue of this section— (a) no order is to be made on his conviction save an order imposing a fine, (b) payment of any fine imposed on him in respect of that offence is not to be enforced against him, and (c) apart from the imposition of any such fine, the conviction is to be disregarded for all purposes other than any appeal (whether by way of case stated or otherwise).

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95 Destination of Scottish fines.

(1) There shall be paid into the Consolidated Fund all fines imposed in respect of the following offences— (a) offences committed in Scotland under the provisions of the Road Traffic Act 1988 down to section 178 or regulations made under those provisions, except— (i) offences under sections 1, 4(2), 17, 27, 31, 33, 37, 47, 67 67A(6) and (7)(including the last two subsections as applied by section 67B(4)), 67B, 77, 169, 174(3) and (4) and 177, and (ii) an offence under section 164(6) consisting of a contravention of subsection (3) or (4) of that section, (b) offences under section 115 of the Road Traffic Regulation Act 1984 of which the offenders have been convicted on indictment in Scotland, (c) offences committed in Scotland under the provisions of that Act down to the end of Part IX or regulations made under those provisions, being offences of which the offenders have been convicted otherwise than on indictment, except offences under— (i) sections 28(3), 29(3), 47, 104(5) and (6), 105(5), 108(2) and (3), (ii) the provisions of subsections (2) and (3) of section 108 as modified by subsections (2) and (3) of section 109, and (iii) Schedule 12 (other than paragraph 3(5)), (d) offences committed in Scotland under this Act. (2) There shall be paid into the Scottish Consolidated Fund all fixed penalties imposed in respect of offences, committed in Scotland, to which subsection (2) of section 46 of the Local Government in Scotland Act 2003 (road traffic offences in relation to which Scottish Ministers may provide funding) applies.

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96 Meaning of “offence involving obligatory endorsement”.

For the purposes of this Act, an offence involves obligatory endorsement if it is an offence under a provision of the Traffic Acts specified in column 1 of Part I of Schedule 2 to this Act or an offence specified in column 1 of Part II of that Schedule and either— (a) the word “obligatory” (without qualification) appears in column 6 (in the case of Part I) or column 3 (in the case of Part II) against the offence, or (b) that word appears there qualified by conditions relating to the offence which are satisfied.

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97 Meaning of “offence involving obligatory disqualification” and “offence involving discretionary disqualification”.

(1) For the purposes of this Act, an offence involves obligatory disqualification if it is an offence under a provision of the Traffic Acts specified in column 1 of Part I of Schedule 2 to this Act or an offence specified in column 1 of Part II of that Schedule and either— (a) the word “obligatory” (without qualification) appears in column 5 (in the case of Part I) or column 2 (in the case of Part II) against the offence, or (b) that word appears there qualified by conditions or circumstances relating to the offence which are satisfied or obtain. (2) For the purposes of this Act, an offence involves discretionary disqualification if it is an offence under a provision of the Traffic Acts specified in column 1 of Part I of Schedule 2 to this Act or an offence specified in column 1 of Part II of that Schedule and either— (a) the word “discretionary” (without qualification) appears in column 5 (in the case of Part I) or column 2 (in the case of Part II) against the offence, or (b) that word appears there qualified by conditions or circumstances relating to the offence which are satisfied or obtain.

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97A Meaning of “driving record”

(1) In this Act “driving record”, in relation to a person, means a record in relation to the person maintained by the Secretary of State and designed to be endorsed with particulars relating to offences committed by the person under the Traffic Acts. (2) The Secretary of State may make arrangements for the following persons to have access, by such means as the Secretary of State may determine, to information held on a person's driving record— (a) courts, (b) constables, (c) fixed penalty clerks, (d) the person in respect of whom the record is maintained and persons authorised by him, and (e) other persons prescribed in regulations made by the Secretary of State. (3) The power to make regulations under subsection (2)(e) above shall be exercisable by statutory instrument. (4) No regulations shall be made under subsection (2)(e) above unless a draft of the instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

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98 General interpretation.

(1) In this Act— “disqualified” means disqualified for holding or obtaining a licence and “disqualification” is to be construed accordingly, “drive” has the same meaning as in the Road Traffic Act 1988, “licence” means a licence to drive a motor vehicle granted under Part III of that Act . . ., “provisional licence” means a licence granted by virtue of section 97(2) of that Act, “the provisions connected with the licensing of drivers” means sections 7, 8, 22, 25 to 29, 31, ... 34 to 48, 91ZA, 91A, 96 and 97 of this Act, “road”— (a) in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes, and (b) in relation to Scotland, means any road within the meaning of the Roads (Scotland) Act 1984 and any other way to which the public has access, and includes bridges over which a road passes,, “the Road Traffic Acts” means the Road Traffic Act 1988, the Road Traffic (Consequential Provisions) Act 1988 (so far as it reproduces the effect of provisions repealed by that Act) and this Act, and “the Traffic Acts” means the Road Traffic Acts and the Road Traffic Regulation Act 1984. and “Community licence”, ... , “EEA State” and “Northern Ireland licence” have the same meanings as in Part III of the Road Traffic Act 1988 (2) Sections 185 and 186 of the Road Traffic Act 1988 (meaning of “motor vehicle” and other expressions relating to vehicles) apply for the purposes of this Act as they apply for the purposes of that Act. (3) In the Schedules to this Act— “RTRA” is used as an abbreviation for the Road Traffic Regulation Act 1984, and “RTA” is used as an abbreviation for the Road Traffic Act 1988 or, if followed by “1989”, the Road Traffic (Driver Licensing and Information Systems) Act 1989. (4) Subject to any express exception, references in this Act to any Part of this Act include a reference to any Schedule to this Act so far as relating to that Part.

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99 Short title, commencement and extent.

(1) This Act may be cited as the Road Traffic Offenders Act 1988. (2) This Act, except so far as it may be brought into force under subsection (3) or (5) below, shall come into force at the end of the period of six months beginning with the day on which it is passed. (3) The provisions mentioned in subsection (4) below, so far as they relate to Scotland, shall come into force on such day or days as the Secretary of State may by order made by statutory instrument appoint. (4) Those provisions are— section 27(4), section 30, except so far as relating to sections 75 to 77, and Part III, except sections 51, 52(1) to (3), 53, 62 to 78, 80, 81 and 83 to 90. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) An order under subsection (3) or (5) above may contain such transitional provisions and savings (whether or not involving the modification of any provisions contained in an Act or in subordinate legislation (within the meaning of the Interpretation Act 1978)) as appear to the Secretary of State necessary or expedient in connection with the provisions brought (wholly or partly) into force by the order, and different days may be appointed for different purposes. (7) This Act, except as provided by section 93, does not extend to Northern Ireland.

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SCHEDULE 1 Offences to which sections 1, 6, 11 and 12(1) apply

Sections 1 etc. 1 (1) Where section 1, 6, 11 or 12(1) of this Act is shown in column 3 of this Schedule against a provision of the Road Traffic Act 1988 specified in column 1, the section in question applies to an offence under that provision. (2) The general nature of the offence is indicated in column 2. 1A Section 1 also applies to— (a) an offence under section 16 of the Road Traffic Regulation Act 1984 consisting in the contravention of a restriction on the speed of vehicles imposed under section 14 of that Act, (b) an offence under subsection (4) of section 17 of that Act consisting in the contravention of a restriction on the speed of vehicles imposed under that section, and (c) an offence under section 88(7) or 89(1) of that Act (speeding offences). 2 Section 6 also applies— (a) to an offence under section 37A or 67 of this Act, . . . (b) in relation to Scotland, to an offence under section 173 of the Road Traffic Act 1988 (forgery, etc., of licences, test certificates, certificates of insurance and other documents and things), . . . (c) ... and (d) to an offence under section 3A(2) or paragraph 5A(2) or 8A(2) of Schedule 1 to the Road Traffic (New Drivers) Act 1995. 3 Section 11 also applies to— (a) any offence to which section 112 of the Road Traffic Regulation Act 1984 (information as to identity of driver or rider) applies except an offence under section 61(5) of that Act, (b) any offence which is punishable under section 91 of this Act, and (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) any offence against any other enactment relating to the use of vehicles on roads. 4 Section 12(1) also applies to— (a) any offence which is punishable under section 91 of this Act, and (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) any offence against any other enactment relating to the use of vehicles on roads. (1) Provision creating offence | (2) General nature of offence | (3) Applicable provisions of this Act RTA section 1 | Causing death by dangerous driving. | Section 11 of this Act. RTA section 1A | Causing serious injury by dangerous driving. | Sections 11 and 12(1) of this Act. RTA section 2 | Dangerous driving. | Sections 1, 11 and 12(1) of this Act. RTA section 2B | Causing death by careless, or inconsiderate, driving. | Sections 11 and 12(1) of this Act. RTA section 2C | Causing serious injury by careless, or inconsiderate, driving | Sections 11 and 12(1) of this Act RTA section 3 | Careless, and inconsiderate, driving. | Sections 1, 11 and 12(1) of this Act. RTA section 3ZB | Causing death by driving: unlicensed ... or uninsured drivers. | Sections 11 and 12(1) of this Act. RTA section 3ZC | Causing death by driving: disqualified drivers | Section 11 of this Act. section 3ZD | Causing serious injury by driving: disqualified drivers | Sections 11 and 12(1) of this Act. RTA section 3A | Causing death by careless driving when under influence of drink or drugs. | Section 11 of this Act. RTA section 4 | Driving or attempting to drive, or being in charge of a mechanically propelled vehicle, when unfit to drive through drink or drugs. | Sections 11 and 12(1) of this Act. RTA section 5 | Driving or attempting to drive, or being in charge of a motor vehicle, with excess alcohol in breath, blood or urine. | Sections 11 and 12(1) of this Act. RTA section 5A | Driving or attempting to drive, or being in charge of a motor vehicle, with concentration of specified controlled drug above specified limit. | Sections 11 and 12(1) of this Act. RTA section 6 | Failing to co-operate with a preliminary test | Sections 11 and 12(1) of this Act. RTA section 7 | Failing to provide specimen for analysis or laboratory test. | Sections 11 and 12(1) of this Act. RTA section 7A | Failing to allow specimen of blood to be subjected to laboratory test | Sections 11 and 12(1). RTA section 12 | Motor racing and speed trials. | Sections 11 and 12(1) of this Act. RTA section 14 | Driving or riding in a motor vehicle in contravention of regulations requiring wearing of seat belts. | Sections 11 and 12(1) of this Act. RTA section 15 | Driving motor vehicle with child not wearing seat belt or with child in a rear-facing child restraint in front seat with an active air bag. | Sections 11 and 12(1) of this Act. RTA section 19 | Prohibition of parking of heavy commercial vehicles on verges and footways. | Sections 11 and 12(1) of this Act. RTA section 19A | Prohibition of parking of vehicles other than heavy commercial vehicles on verges, etc. | Sections 11 and 12 of this Act. RTA section 22 | Leaving vehicles in dangerous positions. | Sections 1, 11 and 12(1) of this Act. RTA section 23 | Carrying passenger on motor-cycle contrary to section 23. | Sections 11 and 12(1) of this Act. RTA section 24 | Carrying passenger on bicycle contrary to section 24. | Sections 11 and 12(1) of this Act. RTA section 25 | Tampering with motor vehicles. | Section 11 of this Act. RTA section 26(1) | Holding or getting onto vehicle in order to be carried. | Section 11 of this Act. RTA section 26(2) | Holding onto vehicle in order to be towed. | Sections 11 and 12(1) of this Act. RTA section 28 | Dangerous cycling. | Sections 1, 11 and 12(1) of this Act. RTA section 29 | Careless, and inconsiderate, cycling. | Sections 1, 11 and 12(1) of this Act. RTA section 30 | Cycling when unfit through drink or drugs. | Sections 11 and 12(1) of this Act. RTA section 31 | Unauthorised or irregular cycle racing, or trials of speed. | Sections 11 and 12(1) of this Act. RTA section 33 | Unauthorised motor vehicle trial on footpaths or bridleways. | Sections 11 and 12(1) of this Act. RTA section 34 | Driving motor vehicles elsewhere than on roads. | Sections 11 and 12(1) of this Act. RTA section 35 | Failing to comply with traffic directions. | Sections 1, 11 and 12(1) of this Act. RTA section 36 | Failing to comply with traffic signs. | Sections 1, 11 and 12(1) of this Act. RTA section 40A | Using vehicle in dangerous condition etc. | Sections 11 and 12(1) of this Act. RTA section 41A | Breach of requirement as to brakes, steering-gear or tyres. | Sections 11 and 12(1) of this Act. RTA section 41B | Breach of requirement as to weight: goods and passenger vehicles. | Sections 11 and 12(1) of this Act. RTA section 41D. | Breach of requirements as to control of vehicle, mobile telephones etc. | Sections 11 and 12(1) of this Act. RTA section 42 | Breach of other construction and use requirements | Sections 11 and 12(1) of this Act. RTA section 47 | Using, etc., vehicle without required test certificate being in force. | Sections 11 and 12(1) of this Act. RTA section 53 | Using, etc., goods vehicle without required plating certificate or goods vehicle test certificate being in force, or where Secretary of State is required by regulations under section 49 to be notified of an alteration to the vehicle or its equipment but has not been notified. | Sections 11 and 12(1) of this Act. RTA section 63 | Using, etc., vehicle without required certificate being in force showing that it, or a part fitted to it, complies with type approval requirements applicable to it, or using, etc., certain goods vehicles for drawing trailer when plating certificate does not specify maximum laden weight for vehicle and trailer, or using, etc., goods vehicle where Secretary of State has not been but is required to be notified under section 48 of alteration to it or its equipment. | Sections 11 and 12(1) of this Act. RTA section 71 | Driving, etc., . . .vehicle in contravention of prohibition on driving it as being unfit for service or overloaded, or refusing, neglecting or otherwise failing to comply with a direction to remove a . . . vehicle found overloaded. | Sections 11 and 12(1) of this Act. RTA section 78 | Failing to comply with requirement about weighing motor vehicle or obstructing authorised person. | Sections 11 and 12(1) of this Act. RTA section 87(1) | Driving otherwise than in accordance with a licence. | Sections 11 and 12(1) of this Act. RTA section 87(2) | Causing or permitting a person to drive otherwise than in accordance with a licence. | Section 11 of this Act. RTA section 92(10) | Driving after making false declaration as to physical fitness. | Sections 6, 11 and 12(1) of this Act. RTA Section 94(3)and that subsection as applied by RTA section 99D or 109C | Failure to notify the Secretary of State of onset of, or deterioration in, relevant or prospective disability. | Section 6 of this Act. RTA section 94(3A) and that subsection as applied by RTA section 99D(b) or 109C(c) | Driving after such a failure. | Sections 6, 11 and 12(1) of this Act. RTA section 94A | Driving after refusal of licence under section 92(3) , revocation under section 93 or service of a notice under section 99C or 109B. | Sections 6, 11 and 12(1) of this Act. RTA section 99(5) | Driving licence holder failing to surrender licence .... | Section 6 of this Act. . . . | . . . | . . . . . . | . . . | . . . . . . | . . . | . . . RTA section 99B(11). | Driving after failing to comply with a requirement under section 99B(7) or (10) | Section 6 of this Act. RTA section 103(1)(a) | Obtaining driving licence while disqualified. | Section 6 of this Act. RTA section 103(1)(b) | Driving while disqualified. | Sections 6, 11 and 12(1) of this Act. RTA section 114(1) | Failing to comply with conditions of LGV PCV licence or LGV Community licence. | Sections 11 and 12(1) of this Act. RTA section 114(2) | Causing or permitting a person under 21 to drive LGV or PCV in contravention of conditions of that person’s licence. | Section 11 of this Act. RTA section 110(1) | Driving HGV without HGV driver’s licence. | Sections 11 and 12(1) of this Act. RTA section 110(2) | Causing or permitting person to drive HGV without HGV driver’s licence. | Section 11 of this Act. RTA section 112(6) | Failing to comply with conditions of HGV driver’s licence. | Sections 11 and 12(1) of this Act. RTA section 112(7) | Causing or permitting a person under 21 to drive HGV in contravention of conditions of HGV driver’s licence. | Section 11 of this Act. RTA section 143 | Using motor vehicle, or causing or permitting it to be used, while uninsured .... | Sections 6, 11 and 12(1) of this Act. RTA section 144A | Keeping vehicle which does not meet insurance requirements. | Sections 11 and 12(1) of this Act. RTA section 163 | Failing to stop vehicle when required by constable. | Sections 11 and 12(1) of this Act. RTA section 164(6) | Failing to produce driving licence ... or to state date of birth. | Sections 11 and 12(1) of this Act. RTA section 165(3) | Failing to give constable certain names and addresses or to produce certificate of insurance or certain test and other like certificates. | Sections 11 and 12(1) of this Act. RTA section 165(6) | Supervisor of learner driver failing to give constable certain names and addresses. | Section 11 of this Act. RTA section 168 | Refusing to give, or giving false, name and address in case of reckless, careless or inconsiderate driving or cycling. | Sections 11 and 12(1) of this Act. RTA section 170 | Failure by driver to stop, report accident or give information or documents. | Sections 11 and 12(1) of this Act. RTA section 171 | Failure by owner of motor vehicle to give police information for verifying compliance with requirement of compulsory insurance .... | Sections 11 and 12(1) of this Act. RTA section 174(1) or (5) | Making false statements in connection with licences under this Act and with registration as an approved driving instructor; or making false statement or withholding material information in order to obtain the issue of insurance certificates, etc. | Section 6 of this Act. RTA section 175 | Issuing false documents falsely amending certificate of conformity. | Section 6 of this Act.

Propose a change

SCHEDULE 2 Prosecution and Punishment of Offences

Section 9 etc. Part I Offences under the Traffic Acts (1) Provision creating offence | (2) General nature of offence | (3) Mode of prosecution | (4) Punishment | (5) Disqualification | (6) Endorsement | (7) Penalty points Offences under the Road Traffic Regulation Act 1984 RTRA section 5 | Contravention of traffic regulation order. | Summarily. | Level 3 on the standard scale. RTRA section 8 | Contravention of order regulating traffic in Greater London. | Summarily. | Level 3 on the standard scale. RTRA section 11 | Contravention of experimental traffic order. | Summarily. | Level 3 on the standard scale. RTRA section 13 | Contravention of experimental traffic scheme in Greater London. | Summarily. | Level 3 on the standard scale. RTRA section 16 (1) | Contravention of temporary prohibition or restriction. | Summarily. | Level 3 on the standard scale. | Discretionary if committed in respect of a speed restriction. | Obligatory if committed in respect of a speed restriction. | 3-6 or 3 (fixed penalty) RTRA section 16(C)(1). | Contravention of prohibition or restriction relating to relevant event. | Summarily. | Level 3 on the standard scale. RTRA section 17 (4) | Use of special road contrary to scheme or regulations. | Summarily. | Level 4 on the standard scale. | Discretionary if committed in respect of a motor vehicle otherwise than by unlawfully stopping or allowing the vehicle to remain at rest on a part of a special road on which vehicles are in certain circumstances permitted to remain at rest. | Obligatory if committed as mentioned in the entry in column 5. | 3-6 or 3 (fixed penalty) if committed in respect of a speed restriction, 3 in any other case. RTRA section 18 (3) | One-way traffic on trunk road. | Summarily. | Level 3 on the standard scale. RTRA section 20 (5) | Contravention of prohibition or restriction for roads of certain classes. | Summarily. | Level 3 on the standard scale. RTRA section 22E(1) or (2) | Providing mobility vehicles without a licence | Summarily | A fine Regulations under RTRA section 22H made by virtue of paragraph 11(a) or (b) of Schedule 3A | Providing false information in connection with a licence application or on an appeal against a licensing decision | Summarily | A fine Regulations under RTRA section 22J(2)(b) | Providing false information about provision of micromobility vehicles to the Secretary of State or a licensing authority | Summarily | A fine RTRA section 25 (5) | Contravention of pedestrian crossing regulations. | Summarily. | Level 3 on the standard scale. | Discretionary if committed in respect of a motor vehicle. | Obligatory if committed in respect of a motor vehicle. | 3 RTRA section 28 (3) | Not stopping at school crossing. | Summarily. | Level 3 on the standard scale. | Discretionary if committed in respect of a motor vehicle. | Obligatory if committed in respect of a motor vehicle. | 3 RTRA section 29 (3) | Contravention of order relating to street playground. | Summarily. | Level 3 on the standard scale. | Discretionary if committed in respect of a motor vehicle. | Obligatory if committed in respect of a motor vehicle. | 2 RTRA section 30(5) | As above (Greater London). | Summarily. | Level 3 on the standard scale. | Discretionary if committed in respect of a motor vehicle. | Obligatory if committed in respect of a motor vehicle. | 2 RTRA section 35A(1) | Contravention of order as to use of parking place. | Summarily. | (a) Level 3 on the standard scale in the case of an offence committed by a person in a street parking place reserved for disabled persons’ vehicles or in an off-street parking place reserved for such vehicles, where that person would not have been guilty of that offence if the motor vehicle in respect of which it was committed had been a disabled person’s vehicle. (b) Level 2 on the standard scale in any other case. RTRA section 35A(2) | Misuse of apparatus for collecting charges or of parking device or connected apparatus | Summarily. | Level 3 on the standard scale. RTRA section 35A(5) | Plying for hire in parking place. | Summarily. | Level 2 on the standard scale. RTRA section 43 (5) | Unauthorised disclosure of information in respect of licensed parking place. | Summarily. | Level 3 on the standard scale. RTRA section 43 (10) | Failure to comply with term or conditions of licence to operate parking place. | Summarily. | Level 3 on the standard scale. RTRA section 43 (12) | Operation of public off-street parking place without licence. | Summarily. | Level 5 on the standard scale. RTRA section 47 (1) | Contraventions relating to designated parking places. | Summarily. | (a) Level 3 on the standard scale in the case of an offence committed by a person in a street parking place reserved for disabled persons’ vehicles where that person would not have been guilty of that offence if the motor vehicle in respect of which it was committed had been a disabled person’s vehicle. (b) Level 2 in any other case. RTRA section 47 (3) | Tampering with parking meter. | Summarily. | Level 3 on the standard scale. RTRA section 52 (1) | Misuse of parking device. | Summarily. | Level 2 on the standard scale. RTRA section 53 (5) | Contravention of certain provisions of designation orders. | Summarily. | Level 3 on the standard scale. RTRA section 53 (6) | Other contraventions of designation orders. | Summarily. | Level 2 on the standard scale. RTRA section 61 (5) | Unauthorised use of loading area. | Summarily. | Level 3 on the standard scale. RTRA section 88 (7) | Contravention of minimum speed limit. | Summarily. | Level 3 on the standard scale. RTRA section 89 (1) | Exceeding speed limit. | Summarily. | Level 3 on the standard scale. | Discretionary. | Obligatory. | 3-6 or 3 (fixed penalty) RTRA section 104 (5) | Interference with notice as to immobilisation device. | Summarily. | Level 2 on the standard scale. RTRA section 104 (6) | Interference with immobilisation device. | Summarily. | Level 3 on the standard scale. RTRA section 105 (5) | Misuse of disabled person’s badge (immobilisation devices). | Summarily. | Level 3 on the standard scale. RTRA section 105(6A) | Misuse of recognised badge (immobilisation devices). | Summarily. | Level 3 on the standard scale. RTRA section 108 (2) (or that subsection as modified by section 109 (2) and (3)). | Non-compliance with notice (excess charge). | Summarily. | Level 3 on the standard scale. RTRA section 108 (3) (or that subsection as modified by section 109 (2) and (3)). | False response to notice (excess charge). | Summarily. | Level 5 on the standard scale. RTRA section 112 (4) | Failure to give information as to identity of driver. | Summarily. | Level 3 on the standard scale. RTRA section 115 (1) | Mishandling or faking parking documents. | (a) Summarily. | (a) The statutory maximum. (b) On indictment. | (b) 2 years. RTRA section 115 (2) | False statement for procuring authorisation. | Summarily. | Level 4 on the standard scale. RTRA section 116 (1) | Non-delivery of suspect document or article. | Summarily. | Level 3 on the standard scale. RTRA section ;117(1) | Wrongful use of disabled person’s badge. | Summarily. | Level 3 on the standard scale. RTRA section 117(1A) | Wrongful use of recognised badge. | Summarily. | Level 3 on the standard scale. RTRA section 129 (3) | Failure to give evidence at inquiry. | Summarily. | Level 3 on the standard scale. Offences under the Road Traffic Act 1988 RTA section 1 | Causing death by dangerous driving. | On indictment. | Imprisonment for life | Obligatory. | Obligatory. | 3-11 RTA section 1A | Causing serious injury by dangerous driving. | (a) Summarily. | (a) 12 months or the statutory maximum or both ; but in the application of this paragraph to England and Wales the reference to 12 months is to be read as a reference to the general limit in a magistrates’ court | Obligatory. | Obligatory. | 3-11. (b) On indictment. | (b) 5 years or a fine or both. RTA section 2 | Dangerous driving. | (a) Summarily. | (a) 6 months or the statutory maximum or both. | (i) Obligatory | Obligatory. | (i) 3-11 (ii) Obligatory | (ii) 3-11 (b) On indictment. | (b) 2 years or a fine or both. RTA section 2B | Causing death by careless, or inconsiderate, driving. | (a) Summarily. | (a) the general limit in a magistrates’ court (in England and Wales) or 6 months (in Scotland) or the statutory maximum or both. | Obligatory. | Obligatory. | 3-11 (b) On indictment. | (b) 5 years or a fine or both. RTA section 2C | Causing serious injury by careless, or inconsiderate, driving | (a) Summarily | (a) On conviction in England and Wales: the general limit in a magistrates’ court or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both | Obligatory | Obligatory | 3-11 (b) On indictment | b) 2 years or a fine or both RTA section 3 | Careless, and inconsiderate, driving. | Summarily. | Level 5 on the standard scale. | Discretionary. | Obligatory. | 3–9 RTA section 3ZB | Causing death by driving: unlicensed, ... or uninsured drivers. | (a) Summarily. | (a) the general limit in a magistrates’ court (in England and Wales) or 6 months (in Scotland) or the statutory maximum or both. | Obligatory. | Obligatory. | 3-11 (b) On indictment. | (b) 2 years or a fine or both. RTA section 3ZC | Causing death by driving: disqualified drivers | On indictment | 10 years or a fine or both | Obligatory | Obligatory | 3-11 RTA section 3ZD | Causing serious injury by driving: disqualified drivers | (a) Summarily | (a) On conviction in England and Wales: the general limit in a magistrates’ court or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both. | Obligatory | Obligatory | 3-11 (b) On indictment | (b) 4 years or a fine or both RTA section 3A | Causing death by careless driving when under influence of drink or drugs. | On indictment. | Imprisonment for life or a fine or both. | Obligatory. | Obligatory. | 3-11. RTA section 4(1) | Driving or attempting to drive when unfit to drive through drink or drugs. | Summarily. | 6 months or level 5 on the standard scale or both. | Obligatory. | Obligatory. | 3-11 RTA section 4(2) | Being in charge of a mechanically propelled vehicle when unfit to drive through drink or drugs. | Summarily. | 3 months or level 4 on the standard scale or both. | Discretionary. | Obligatory. | 10 RTA section 5(1)(a) | Driving or attempting to drive with excess alcohol in breath, blood or urine. | Summarily. | 6 months or level 5 on the standard scale or both. | Obligatory. | Obligatory. | 3-11 RTA section 5(1)(b) | Being in charge of a motor vehicle with excess alcohol in breath, blood or urine. | Summarily. | 3 months or level 4 on the standard scale or both. | Discretionary. | Obligatory. | 10 RTA section 5A(1)(a) and (2) | Driving or attempting to drive with concentration of specified controlled drug above specified limit. | Summarily. | On conviction in England and Wales: 51 weeks or level 5 on the standard scale or both. On conviction in Scotland: 6 months or level 5 on the standard scale or both. | Obligatory. | Obligatory. | 3-11 RTA section 5A(1)(b) and (2) | Being in charge of a motor vehicle with concentration of specified controlled drug above specified limit. | Summarily. | On conviction in England and Wales: 51 weeks or level 4 on the standard scale or both. On conviction in Scotland: 3 months or level 4 on the standard scale or both. | Discretionary. | Obligatory. | 10 RTA section 6 | Failing to co-operate with a preliminary test | Summarily. | Level 3 on the standard scale. | Discretionary. | Obligatory. | 4 RTA section 7 | Failing to provide specimen for analysis or laboratory test. | Summarily. | (a) Where the specimen was required to ascertain ability to drive or proportion of alcohol or proportion of a specified controlled drug at the time offender was driving or attempting to drive, 6 months or level 5 on the standard scale or both. | (a) Obligatory in case mentioned in column 4(a). | Obligatory. | (a) 3-11 in case mentioned in column 4(a). (b) In any other case, 3 months or level 4 on the standard scale or both. | (b) Discretionary in any other case. | (b) 10 in any other case. RTA section 7A | Failing to allow specimen to be subjected to laboratory test | Summarily | (a) Where the test would be for ascertaining ability to drive or proportion of alcohol or proportion of a specified controlled drug at the time offender was driving or attempting to drive, 6 months or level 5 on the standard scale or both. (b) In any other case, 3 months or level 4 on the standard scale or both | (a) Obligatory in the case mentioned in column 4(a) (b) Discretionary in any other case | Obligatory | 3-11, in case ment-ioned in column 4(a) 10, in any other case. RTA section 12 | Motor racing and speed trials on public ways. | Summarily. | Level 4 on the standard scale. | Obligatory. | Obligatory. | 3-11 RTA section 13 | Other unauthorised or irregular competitions or trials on public ways. | Summarily. | Level 3 on the standard scale. RTA section 14 | Driving or riding in a motor vehicle in contravention of regulations requiring wearing of seat belts. | Summarily. | Level 2 on the standard scale. RTA section 15(2) | Driving motor vehicle with child in front not wearing seat belt or with child in a rear-facing child restraint in front seat with an active air bag. | Summarily. | Level 2 on the standard scale. RTA section 15(4) | Driving motor vehicle with child in rear not wearing seat belt. | Summarily. | Level 2 on the standard scale. RTA section 15A(3) or (4) | Selling etc. in certain circumstances equipment as conducive to the safety of children in motor vehicles. | Summarily. | Level 3 on the standard scale. RTA section 15B | Failure to notify bus passengers of the requirement to wear seat belts. | Summarily. | Level 4 on the standard scale. RTA section 16 | Driving or riding motor cycles in contravention of regulations requiring wearing of protective headgear. | Summarily. | Level 2 on the standard scale. RTA section 17 | Selling, etc., helmet not of the prescribed type as helmet for affording protection for motor cyclists. | Summarily. | Level 3 on the standard scale. RTA section 18(3) | Contravention of regulations with respect to use of head-worn appliances on motor cycles. | Summarily. | Level 2 on the standard scale. RTA section 18(4) | Selling, etc., appliance not of prescribed type as approved for use on motor cycles. | Summarily. | Level 3 on the standard scale. RTA section 19 | Prohibition of parking of heavy commercial vehicles on verges, etc. | Summarily. | Level 3 on the standard scale. RTA section 19A | Prohibition of parking of vehicles other than heavy commercial vehicles on verges, etc. | Summarily | Level 3 on the standard scale. RTA section 21 | Driving or parking on cycle track. | Summarily. | Level 3 on the standard scale. RTA section 22 | Leaving vehicles in dangerous positions. | Summarily. | Level 3 on the standard scale. | Discretionary if committed in respect of a motor vehicle. | Obligatory if committed in respect of a motor vehicle. | 3 RTA section 22A | Causing danger to road-users. | (a) Summarily. | (a) 6 months or the statutory maximum or both. | _ | _ | _ (b) On indictment. | (b) 7 years or a fine or both. RTA section 23 | Carrying passenger on motor-cycle contrary to section 23. | Summarily. | Level 3 on the standard scale. | Discretionary. | Obligatory. | 3 RTA section 24 | Carrying passenger on bicycle contrary to section 24. | Summarily. | Level 1 on the standard scale. RTA section 25 | Tampering with motor vehicles. | Summarily. | Level 3 on the standard scale. RTA section 26 | Holding or getting on to vehicle, etc., in order to be towed or carried. | Summarily. | Level 1 on the standard scale. RTA section 27 | Dogs on designated roads without being held on lead. | Summarily. | Level 1 on the standard scale. RTA section 28 | dangerous cycling. | Summarily. | Level 4 on the standard scale. RTA section 29 | Careless, and inconsiderate, cycling. | Summarily. | Level 3 on the standard scale. RTA section 30 | Cycling when unfit through drink or drugs. | Summarily. | Level 3 on the standard scale. RTA section 31 | Unauthorised or irregular cycle racing or trials of speed on public ways. | Summarily. | Level 1 on the standard scale. RTA section 32 | Contravening prohibition on persons under 14 driving electrically assisted pedal cycles. | Summarily. | Level 2 on the standard scale. RTA section 33 | Unauthorised motor vehicle trial on footpaths or bridleways. | Summarily. | Level 3 on the standard scale. RTA section 34 | Driving mechanically propelled vehicles elsewhere than on roads. | Summarily. | Level 3 on the standard scale. RTA section 35 | Failing to comply with traffic directions. | Summarily | Level 3 on the standard scale. | Discretionary, if committed in respect of a motor vehicle by failure to comply with a direction of a constable , traffic officer or traffic warden or traffic officer. | Obligatory if committed as described in column 5. | 3 RTA section 36 | Failing to comply with traffic signs. | Summarily | Level 3 on the standard scale. | Discretionary, if committed in respect of a motor vehicle by failure to comply with an indication given by a sign specified for the purposes of this paragraph in regulations under RTA section 36. | Obligatory if committed as described in column 5. | 3 RTA section 37 | Pedestrian failing to stop when directed by constable regulating traffic. | Summarily. | Level 3 on the standard scale. RTA section 40A | Using vehicle in dangerous condition etc. | Summarily. | (a) Level 5 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers. | (a) Obligatory if committed within three years of a previous conviction of the offender under section 40A. | Obligatory. | 3 (b) Level 4 on the standard scale in any other case. | (b) Discretionary in any other case. RTA section 41A | Breach of requirement as to brakes, steering-gear or tyres. | Summarily. | (a) Level 5 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers. | Discretionary. | Obligatory. | 3 (b) Level 4 on the standard scale in any other case. RTA section 41B | Breach of requirement as to weight: goods and passenger vehicles. | Summarily. | Level 5 on the standard scale . | _ | _ | _ RTA section 41D | Breach of requirements as to control of vehicle, mobile telephones etc. | Summarily. | (a) Level 4 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers. | Discretionary. | Obligatory. | (a) 3, in the case of an offence under section 41D(a). (b) 6, in the case of an offence under section 41D(b). (b) Level 3 on the standard scale in any other case. RTA section 42 | Breach of other construction and use requirements. | Summarily. | (a) Level 4 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers. | _ | _ Level 3 on the standard scale in any other case. | _ | _ RTA section 47 | Using, etc., vehicle without required test certificate being in force. | Summarily. | (a) Level 4 on the standard scale in the case of a vehicle adapted to carry more than eight passengers. (b) Level 3 on the standard scale in any other case. Regulations under RTA section 49 made by virtue of section 51(2) | Contravention of requirement of regulations (which is declared by regulations to be an offence) that driver of goods vehicle being tested be present throughout test or drive, etc., vehicle as and when directed. | Summarily. | Level 3 on the standard scale. RTA section 53(1) | Using, etc., goods vehicle without required plating certificate being in force. | Summarily. | Level 3 on the standard scale. RTA section 53(2) | Using, etc., goods vehicle without required goods vehicle test certificate being in force. | Summarily. | Level 4 on the standard scale. RTA section 53(3) | Using, etc., goods vehicle where Secretary of State is required by regulations under section 49 to be notified of an alteration to the vehicle or its equipment but has not been notified. | Summarily. | Level 3 on the standard scale. Regulations under RTA section 61 made by virtue of subsection (4). | Contravention of requirement of regulations (which is declared by regulations to be an offence) that driver of goods vehicle being tested after notifiable alteration be present throughout test and drive, etc., vehicle as and when directed. | Summarily. | Level 3 on the standard scale. RTA section 63(1) | Using, etc., goods vehicle without required certificate being in force showing that it complies with type approval requirements applicable to it. | Summarily. | Level 4 on the standard scale. RTA section 63(2) | Using, etc., certain goods vehicles for drawing trailer when plating certificate does not specify maximum laden weight for vehicle and trailer. | Summarily. | Level 3 on the standard scale. RTA section 63(3) | Using, etc., goods vehicle where Secretary of State is required to be notified under section 59 of alteration to it or its equipment but has not been notified. | Summarily. | Level 3 on the standard scale. RTA section 64 | Using goods vehicle with unauthorised weights as well as authorised weights marked on it. | Summarily. | Level 3 on the standard scale. . . . | . . . | . . . | . . . RTA section 65 | Supplying vehicle or vehicle part without required certificate being in force showing that it complies with type approval requirements applicable to it. | Summarily. | Level 5 on the standard scale. RTA section 65A | Light passenger vehicles and motor cycles not to be sold without EC certificate of conformity. | Summarily. | Level 5 on the standard scale. RTA section 66C(1) | Impersonating a stopping officer etc. with intent to deceive | Summarily | Level 5 on the standard scale RTA section 66C(2) | Resisting or wilfully obstructing a stopping officer | Summarily | One month or level 3 on the standard scale or both RTA section 67 | Obstructing testing of vehicle by examiner on road or failing to comply with requirements of RTA section 67 or Schedule 2. | Summarily. | Level 3 on the standard scale. RTA section 67A(including application by section 67B(4)). | Failure of owner of apparently defective vehicle to give required certificate or declaration, or failure of person in charge of vehicle being tested to give information. | Summarily. | Level 3 on the standard scale. RTA section 67B | Obstructing further testing of vehicle by Secretary of State’s officer or failing to comply with requirements of RTA section 67B or paragraph 3 or 4 of Schedule 2. | Summarily. | Level 3 on the standard scale. RTA section 68 | Obstructing inspection, etc., of goods vehicle by examiner or failing to comply with requirement to take goods vehicle for inspection. | Summarily. | Level 3 on the standard scale. RTA section 71 | Driving, etc., goods vehicle in contravention of prohibition on driving it as being unfit for service, or refusing, neglecting or otherwise failing to comply with direction to remove a goods vehicle found overloaded. | Summarily. | Level 5 on the standard scale. RTA section 74 | Contravention of regulations requiring goods vehicle operator to inspect, and keep records of inspection of, goods vehicles. | Summarily. | Level 3 on the standard scale. RTA section 75 | Selling, etc., unroadworthy vehicle or trailer or altering vehicle or trailer so as to make it unroadworthy. | Summarily. | Level 5 on the standard scale. RTA section 76(1) | Fitting of defective or unsuitable vehicle parts. | Summarily. | Level 5 on the standard scale. RTA section 76(3) | Supplying defective or unsuitable vehicle parts. | Summarily. | Level 4 on the standard scale. RTA section 76(8) | Obstructing examiner testing vehicles to ascertain whether defective or unsuitable part has been fitted, etc. | Summarily. | Level 3 on the standard scale. RTA section 77 | Obstructing examiner testing condition of used vehicles at sale rooms, etc. | Summarily. | Level 3 on the standard scale. RTA section 78 | Failing to comply with requirement about weighing motor vehicle or obstructing authorised person. | Summarily. | Level 5 on the standard scale. RTA section 81 | Selling, etc., pedal cycle in contravention of regulations as to brakes, bells, etc. | Summarily. | Level 3 on the standard scale. RTA section 83 | Selling, etc., wrongly made tail lamps or reflectors. | Summarily. | Level 5 on the standard scale. RTA section 87(1) | Driving otherwise than in accordance with a licence. | Summarily. | Level 3 on the standard scale. | Discretionary in a case where the offender’s driving would not have been in accordance with any licence that could have been granted to him. | Obligatory in the case mentioned in column 5. | 3-6 RTA section 87(2) | Causing or permitting a person to drive otherwise than in accordance with a licence. | Summarily. | Level 3 on the standard scale. RTA section 92(7C) | Failure to deliver licence revoked by virtue of section 92(7A) ... to Secretary of State. | Summarily. | Level 3 on the standard scale. RTA section 92(10) | Driving after making false declaration as to physical fitness. | Summarily. | Level 4 on the standard scale. | Discretionary. | Obligatory. | 3-6 RTA section 93(3) | Failure to deliver revoked licence ... to Secretary of State. | Summarily. | Level 3 on the standard scale. RTA Section 94(3) | Failure to notify Secretary of State of onset of, or deterioration in, relevant or prospective disability and that subsection as applied by RTA section 99D or 109C. | Summarily. | Level 3 on the standard scale. RTA section 94(3A) | Driving after such a failure and that subsection as applied by RTA section 99D(b) or 109C(c) | Summarily. | Level 3 on the standard scale. | Discretionary. | Obligatory. | 3-6 RTA section 94A | Driving after refusal of licence under section 92(3), revocation under section 93 or service of a notice under section 99C or 109B | Summarily. | 6 months or level 5 on the standard scale or both. | Discretionary. | Obligatory. | 3-6 RTA section 96 | Driving with uncorrected defective eyesight, or refusing to submit to test of eyesight. | Summarily. | Level 3 on the standard scale. | Discretionary. | Obligatory. | 3 RTA section 97 | Failing to comply with any conditions prescribed for driving under provisional licence. | Summarily. | Level 3 on the standard scale. | Discretionary. | Obligatory. | 2 RTA section 98 | Failing to comply with any conditions prescribed for driving under provisional licence where conditions applicable to driving under full licence. | Summarily. | Level 3 on the standard scale. | Discretionary. | Obligatory. | 2 RTA section 99 (5) | Driving licence holder failing to surrender licence .... | Summarily. | Level 3 on the standard scale. RTA section 99B(11) | Driving after failing to comply with a requirement under section 99B(7) or (10) | Summarily | Level 3 on the standard scale | ' | ' | ' RTA section 99(C)(4) | Failure to deliver Community licence to Secretary of State when required by notice under section 99C. | Summarily. | Level 3 on the standard scale. | ' | ' | ' RTA section 103(1)(a) | Obtaining driving licence while disqualified. | Summarily. | Level 3 on the standard scale. RTA section 103(1)(b) | Driving while disqualified. | (a) Summarily, in England and Wales. | (a) 6 months or level 5 on the standard scale or both. | Discretionary. | Obligatory. | 6 (b) Summarily, in Scotland. | (b) 6 months or the statutory maximum or both. (c) On indictment, in Scotland. | (c) 12 months or a fine or both. . . . | . . . | . . . | . . . RTA section 109B(4) | Failure to deliver Northern Ireland licence to Secretary of State when required by notice under section 109B. | Summarily. | Level 3 on the standard scale. . . . . . . . . . . . . . . . . RTA section 114 | Failing to comply with conditions of LGV PCV licence or LGV Community licence and counterpart , or causing or permitting person under 21 to drive LGV or PCV in contravention of such conditions. | Summarily. | Level 3 on the standard scale. RTA section 115A(4), | Failure to deliver LGV or PCV Community licence when required by notice under section 115A. | Summarily. | Level 3 on the standard scale. RTA section 118 | Failing to surrender revoked or suspended LGV or PCV licence .... | Summarily. | Level 3 on the standard scale. Regulations made by virtue of RTA section 120(5) | Contravention of provision of regulations (which is declared by regulations to be an offence) about LGV or PCVdrivers’ licences or LGV or PCV Community licence. | Summarily. | Level 3 on the standard scale. RTA section 123(4) | Giving of paid driving instruction by unregistered and unlicensed persons or their employers. | Summarily. | Level 4 on the standard scale. RTA section 123(6) | Giving of paid instruction without there being exhibited on the motor car a certificate of registration or a licence under RTA Part V. | Summarily. | Level 3 on the standard scale. RTA section 125(3B) | Failure, on application to be registered in respect of driving instruction, to notify Registrar of ... relevant or prospective disability. | Summarily. | Level 3 on the standard scale. RTA section 133C(4) | Failure by registered or licensed ... driving instructor to notify Registrar of onset of, or deterioration in, relevant or prospective disability. | Summarily. | Level 3 on the standard scale. RTA section 133D | Giving of paid driving instruction by persons required to hold emergency control certificates or their employees without emergency control certificate or in unauthorised motor car. | Summarily. | Level 3 on the standard scale. RTA section 135 | Unregistered instructor using title or displaying badge, etc., prescribed for registered instructor, or employer using such title, etc., in relation to his unregistered instructor or issuing misleading advertisement, etc. | Summarily. | Level 4 on the standard scale. RTA section 136 | Failure of instructor to surrender to Registrar certificate or licence. | Summarily. | Level 3 on the standard scale. RTA section 137 | Failing to produce certificate of registration or licence as driving instructor. | Summarily. | Level 3 on the standard scale. RTA section 143 | Using motor vehicle while uninsured .... | Summarily. | Level 5on the standard scale. | Discretionary. | Obligatory. | 6–8 RTA section 144A | Keeping vehicle which does not meet insurance requirements. | Summarily. | Level 3 on the standard scale. RTA section 147 | Failing to surrender certificate of insurance ... to insurer on cancellation or to make statutory declaration of loss or destruction. | Summarily. | Level 3 on the standard scale. RTA section 154 | Failing to give information, or wilfully making a false statement, as to insurance ... when claim made. | Summarily. | Level 4 on the standard scale. Regulations under RTA section 160 made by virtue of paragraph 2(1) of Schedule 2A | Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting removal of or interference with immobilisation notice. | Summarily. | Level 2 on the standard scale. Regulations under RTA section 160 made by virtue of paragraph 2(2) of Schedule 2A | Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting removal or attempted removal of immobilisation device. | Summarily. | Level 3 on the standard scale. Regulations under RTA section 160 made by virtue of paragraph 2(3) of Schedule 2A | Contravention of provision of regulations (which is declared by regulations to be an offence) about display of disabled person's badge. | Summarily. | Level 3 on the standard scale. Regulations under RTA section 160 made by virtue of paragraph 2(4) of Schedule 2A | Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting making of false or misleading declaration to secure release of vehicle from immobilisation device. | (a) Summarily. (b) On indictment. | (a) The statutory maximum. (b) 2 years or a fine or both. Regulations under RTA section 160 made by virtue of paragraph 4 of Schedule 2A | Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting making of false or misleading declaration to secure possession of vehicle in person's custody. | (a) Summarily. (b) On indictment. | (a) The statutory maximum. (b) 2 years or a fine or both. RTA section 163 | Failing to stop motor vehicle or cycle when required by constable. | Summarily. | (a) Level 5 on the standard scale if committed by a person driving a mechanically propelled vehicle. (b) Level 3 on the standard scale if committed by a person riding a cycle. RTA section 164 | Failing to produce driving licence ... or to state date of birth, or failing to provide the Secretary of State with evidence of date of birth, etc. | Summarily. | Level 3 on the standard scale. RTA section 165 | Failing to give constable certain names and addresses or to produce certain documents. | Summarily. | Level 3 on the standard scale. RTA section 168 | Refusing to give, or giving false, name and address in case of reckless, careless or inconsiderate driving or cycling. | Summarily. | Level 3 on the standard scale. RTA section 169 | Pedestrian failing to give constable his name and address after failing to stop when directed by constable controlling traffic. | Summarily. | Level 1 on the standard scale. RTA section 170(4) | Failing to stop after accident and give particulars or report accident. | Summarily. | Six months or level 5 on the standard scale or both | Discretionary. | Obligatory. | 5-10 RTA section 170(7) | Failure by driver, in case of accident involving injury to another, to produce evidence of insurance ... or to report accident. | Summarily. | Level 3 on the standard scale. RTA section 171 | Failure by owner of motor vehicle to give police information for verifying compliance with requirement of compulsory insurance .... | Summarily. | Level 4 on the standard scale. RTA section 172 | Failure of person keeping vehicle and others to give police information as to identity of driver, etc., in the case of certain offences. | Summarily. | Level 3 on the standard scale. | Discretionary, if committed otherwise than by virtue of subsection (5) or (11). | Obligatory, if committed otherwise than by virtue of subsection (5) or (11). | 6 RTA section 173 | Forgery, etc., of licences, ...test certificates, certificates of insurance and other documents and things. | (a) Summarily. | (a) The statutory maximum. (b) On indictment. | (b) 2 years. RTA section 174 | Making certain false statements, etc., and withholding certain material information. | (a) Summarily | (a) 6 months or the statutory maximum or both (b) On indictment | (b) 2 years or a fine or both. RTA section 175 175(1) | Issuing false documents. | Summarily. | Level 4 on the standard scale. RTA section 175(2) | Falsely amending certificate of conformity. | Summarily. | Level 4 on the standard scale | . . . RTA section 177 | Impersonation of, or of person employed by, authorised examiner. | Summarily. | Level 3 on the standard scale. RTA section 178 | Taking, etc. , in Scotland a motor vehicle without authority or, knowing that it has been so taken, driving it or allowing oneself to be carried in it without authority. | (a) Summarily. | (a) 3 months or the statutory maximum or both. | Discretionary. | Obligatory. | 8 (b) On indictment. | (b) 12 months or a fine or both. RTA section 180 | Failing to attend, give evidence or produce documents to, inquiry held by Secretary of State, etc. | Summarily. | Level 3 on the standard scale. RTA section 181 | Obstructing inspection of vehicles after accident. | Summarily. | Level 3 on the standard scale. RTA Schedule 1 paragraph 6 | Applying warranty to equipment, protective helmet, appliance or information in defending proceedings under RTA section 15A, 17 or 18(4) where no warranty given, or applying false warranty. | Summarily. | Level 3 on the standard scale. Offences under this Act Section 25 of this Act. | Failing to give information as to date of birth or sex to court or to provide Secretary of State with evidence of date of birth, etc. | Summarily. | Level 3 on the standard scale. Section 26 of this Act. | Failing to produce driving licence ... to court making order for interim disqualification on committal for sentence etc. | Summarily. | Level 3 on the standard scale. Section 27 of this Act. | Failing to produce licence to court when required to do so. | Summarily. | Level 3 on the standard scale. . . . Section 62 of this Act. | Removing fixed penalty notice fixed to vehicle. | Summarily. | Level 2 on the standard scale. Section 37A(4) of this Act | Failure to surrender licence to Secretary of State | Summarily | Level 3 on the standard scale Section 67 of this Act. | False statement in response to notice to owner. | Summarily. | Level 5 on the standard scale. Section 90D(6) of this Act | Driving, etc. , vehicle in contravention of prohibition for failure to pay financial penalty deposit, etc. | Summarily. | Level 5 on the standard scale. ... Part II Other offences (1) Offence | (2) Disqualification | (3) Endorsement | (4) Penalty points Manslaughter or, in Scotland, culpable homicide by the driver of a motor vehicle. | Obligatory. | Obligatory. | 3-11 An offence under section 35 of the Offences against the Person Act 1861 (furious driving). | Discretionary. | Obligatory if committed in respect of a mechanically propelled vehicle. | 3-9 An offence under section 12A of the Theft Act 1968 (aggravated vehicle-taking) | Obligatory. | Obligatory. | 3- 11 Stealing or attempting to steal a motor vehicle. | Discretionary. | . . . | . . . An offence or attempt to commit an offence in respect of a motor vehicle under section 12 of the Theft Act 1968 (taking conveyance without consent of owner etc. or, knowing it has been so taken, driving it or allowing oneself to be carried in it). | Discretionary. | . . . | . . . An offence under section 25 of the Theft Act 1968 (going equipped for stealing, etc.) committed with reference to the theft or taking of motor vehicles. | Discretionary | . . . | . . .

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SCHEDULE 3 Fixed Penalty Offences

Section 51. . . . . . . | . . . Offences under the Parks Regulation (Amendment) Act 1926 Section 2(1) | Contravention of any of the following provisions of the Royal Parks and Other Open Spaces Regulations 1997 (S.I. 1997/1639)— (i) regulation 3(9)(a) (failure to comply with a direction by a constable or notice exhibited by order of the Secretary of State), insofar as the contravention relates to the regulation or control of a pedal cycle; (ii) regulation 3(10)(c) (use of certain vehicles in a manner that endangers or is likely to endanger any person), insofar as the contravention relates to use of a pedal cycle; (iii) regulation 3(11) (use of a pedal cycle or driving or riding a vehicle between sunset and sunrise or in seriously reduced visibility unless adequately lit); (iv) regulation 4(27) (driving or riding a trade vehicle); (v) regulation 4(28) (exceeding speed limit); (vi) regulation 4(30) (unauthorised waiting by a vehicle or leaving a vehicle unattended). Offences under the Transport Act 1968 (c.73) Section 96(11) of the Transport Act 1968 | Contravention of any requirement of domestic drivers’ hours code Section 96(11A) of that Act | Contravention of any requirement of applicable Community rules as to periods of driving, etc. Section 97(1) of that Act | Using vehicle in contravention of requirements relating to installation, use or repair of recording equipment in accordance with EU Tachographs Regulation Section 97ZA(1) and (2) of that Act | Using vehicle in contravention of requirements relating to installation, use or repair or recording equipment in accordance with the AETR. Section 98(4) of that Act | Contravention of regulations made under section 98 or any requirement as to books, records or documents of applicable Community rules Section 99(4) of that Act | Failing to comply with requirements relating to inspection of records or obstructing an officer, but only insofar as the offence relates to:— failing to comply with any requirement under section 99(1)(a); or obstructing an officer in exercise of powers under 99(2)(a) or 99(3). Section 99ZD(1) of that Act | Failing to comply with requirements relating to inspection of recording equipment or records (whether electronic or hard copy) made by or stored on recording equipment except where that offence is committed by:— failing to sign a hard copy of downloaded data when required to do so under section 99ZC(1); or obstructing an officer in exercise of powers under section 99ZF. Section 99C of that Act | Failure to comply with prohibition or direction in relation to driving vehicle. Offence under the Road Traffic (Foreign Vehicles) Act 1972 (c.27) Section 3(1) of the Road Traffic (Foreign Vehicles) Act 1972 | Driving, etc., foreign goods vehicle or foreign public service vehicle in contravention of prohibition etc. Offence under the Greater London Council (General Powers) Act 1974 (c. xxiv) Section 15 of the Greater London Council (General Powers) Act 1974. | Parking vehicles on footways, verges, etc. Offence under the Highways Act 1980 (c. 66) Section 137 of the Highways Act 1980. | Obstructing a highway, but only where the offence is committed in respect of a vehicle. Offence under the Public Passenger Vehicles Act 1981 (c.14) Section 12(5) of the Public Passenger Vehicles Act 1981 | Using public service vehicle on road except under PSVoperators’ licence. Offences under the Road Traffic Regulation Act 1984 (c. 27) RTRAsection 5(1) | Using a vehicle in contravention of a traffic regulation order outside Greater London. RTRAsection 8(1) | Breach of traffic regulation order in Greater London. RTRAsection 11 | Breach of experimental traffic order. RTRAsection 13 | Breach of experimental traffic scheme regulations in Greater London. RTRAsection 16(1) | Using a vehicle in contravention of temporary prohibition or restriction of traffic in case of execution of works, etc. RTRAsection 17(4) | Wrongful use of special road. RTRAsection 18(3) | Using a vehicle in contravention of provision for one-way traffic on trunk road. RTRAsection 20(5) | Driving a vehicle in contravention of order prohibiting or restricting driving vehicles on certain classes of roads. RTRAsection 25(5) | Breach of pedestrian crossing regulations, except an offence in respect of a moving motor vehicle other than a contravention of regulations 23, 24, 25 and 26 of the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997. RTRA section 28(3) | Stopping of vehicles at school crossings. RTRAsection 29(3) | Using a vehicle in contravention of a street playground order . . .. . . . | . . . RTRAsection 35A(1) | Breach of an order regulating the use, etc., of a parking place provided by a local authority, but only where the offence is committed in relation to a parking place provided on a road. RTRAsection 47(1) | Breach of a provision of a parking place designation order and other offences committed in relation to a parking place designated by such an order, except any offence of failing to pay an excess charge within the meaning of section 46. RTRAsection 53(5) | Using vehicle in contravention of any provision of a parking place designation order having effect by virtue of section 53(1)(a) (inclusion of certain traffic regulation provisions). RTRAsection 53(6) | Breach of a provision of a parking place designation order having effect by virtue of section 53(1)(b) (use of any part of a road for parking without charge). RTRAsection 88(7) | Driving a motor vehicle in contravention of an order imposing a minimum speed limit under section 88(1)(b). RTRAsection 89(1) | Speeding offences under RTRAand other Acts. Offences under the Road Transport (International Passenger Services) Regulations 1984 (S.I. 1984/748) Regulation 19(1) of the Road Transport (International Passenger Services) Regulations 1984 | Using vehicle for Community regulated carriage of passengers by road otherwise than in accordance with authorisation or certificate, etc. Regulation 19(2) of those Regulations | Using vehicle for ASOR regulated or Community regulated carriage of passengers by road without having correctly completed passenger waybill or without carrying top copy of waybill on vehicle throughout journey. Offences under the Road Traffic Act 1988 (c. 52) RTA section 3 | Driving mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration. RTAsection 14 | Breach of regulations requiring wearing of seat belts. RTAsection 15(2) | Breach of restriction on carrying children in the front of vehicles. RTAsection 15(4) | Breach of restriction on carrying children in the rear of vehicles. RTAsection 16 | Breach of regulations relating to protective headgear for motor cycle drivers and passengers. RTAsection 18(3) | Breach of regulations relating to head-worn appliances (eye protectors) for use on motor cycles RTAsection 19 | Parking a heavy commercial vehicle on verge or footway. RTAsection 22 | Leaving vehicle in dangerous position. RTAsection 23 | Unlawful carrying of passengers on motor cycles. RTAsection 24 | Carrying more than one person on a pedal cycle. RTA section 26(2) | Holding on to vehicle in order to be towed, insofar as the contravention is committed while using a pedal cycle. RTA section 28(1) | Dangerous cycling. RTA section 29 | Careless and inconsiderate cycling. RTAsection 34 | Driving mechanically propelled vehicle elsewhere than on a road. RTAsection 35 | Failure to comply with traffic directions. RTAsection 36 | Failure to comply with traffic signs. RTAsection 40A | Using vehicle in dangerous condition etc. RTAsection 41A | Breach of requirement as to brakes, steering-gear or tyres. RTAsection 41B | Breach of requirement as to weight: goods and passenger vehicles. RTAsection 41D | Breach of requirement as to control of vehicle, mobile telephone etc. RTAsection 42 | Breach of other construction and use requirements RTA section 47 | Using, etc, vehicle without required test certificate being in force RTAsection 71(1) | Driving, etc., vehicle in contravention of prohibition on driving it as being unfit for service or overloaded, or failing to comply with direction to remove a vehicle found overloaded. RTAsection 87(1) | Driving vehicle otherwise than in accordance with requisite licence. RTA section 143 | Using motor vehicle while uninsured ... . . . | . . . RTAsection 163 | Failure to stop vehicle on being so required .... RTA section 172 | Failure of person keeping vehicle and others to give the police information as to identity of driver, etc, in the case of certain offences Offence under this Act Section 90D(6) | Driving, etc., vehicle in contravention of prohibition on driving, or failing to comply with direction to remove vehicle on failure to make a financial penalty deposit payment. Section 91 | Contravention of either of the following provisions of the Road Vehicles Lighting Regulations 1989 (S.I.1989/1796)— (i) regulation 24(1)(a)(i) (use of lamps between sunset and sunrise), insofar as the contravention relates to use of a pedal cycle; (ii) regulation 27 (use of lamps so as to cause undue dazzle or discomfort to other persons using the road), insofar as the contravention relates to entry 1 or 2 in the table in that regulation. Offences under the Goods Vehicles (Community Authorisations) Regulations 1992 (S.I. 1992/3077) Regulation 3 of the Goods Vehicles (Community Authorisations) Regulations 1992 | Using goods vehicle without Community authorisation. Regulation 7 of those Regulations | Using vehicle under Community authorisation in contravention of conditions governing authorisation. [Offences under the Vehicle Excise and Registration Act 1994 (c. 22) . . . | . . . Section 34 of that Act | Using trade licence for unauthorised purposes or in unauthorised circumstances, etc. Section 42 of that Act. | Driving or keeping a vehicle without required registration mark. Section 43 of that Act. | Driving or keeping a vehicle with registration mark obscured etc. Section 43C of that Act | Using an incorrectly registered vehicle. Section 59 of that Act | Failure to fix a prescribed registration mark to a vehicle in accordance with regulations made under section 23(4)(a) of that Act.] Offence under the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) Section 2(5) of the Goods Vehicles (Licensing of Operators) Act 1995 | Using goods vehicle on road for carriage of goods except under operator’s licence. Offences under the Public Service Vehicles (Community Licences) Regulations 1999 (S.I. 1999/1322) Regulation 3 of the Public Service Vehicles (Community Licences) Regulations 1999 | Using public service vehicle on road without Community licence. Regulation 7 of those Regulations | Using public service vehicle under Community licence in contravention of conditions governing use of licence. Offences under the Road Transport (Passenger Vehicles Cabotage) Regulations 1999 (S.I. 1999/3413) Regulation 3 of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999 | Using vehicle on road for UKcabotage operations without Community licence. Regulation 4 of those Regulations | Using vehicle on road for UKcabotage operations without control document. Regulation 7(1) of those Regulations | Driver failing to produce Community licence on request when vehicle required to have licence on board. Regulation 7(3) of those Regulations | Driver failing to produce control document on request when vehicle required to have control document on board. Offence under the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007(S.I. 2007/605) Regulation 11(7) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 | Driver of relevant vehicle failing to produce on request evidence or document required to be carried under regulation 11(1), (3) or (5). Offence under the Goods Vehicles (Community Licences) Regulations 2011 (S.I. 2011/2633) Regulation 4 of the Goods Vehicles (Community Licences) Regulations 2011 | Using a vehicle in Great Britain in contravention of the requirement to possess a Community licence. Offences under the Highways Act 1835 and the Roads (Scotland) Act 1984 Section 72 of the Highways Act 1835 | Driving on the footway Cycling on the footway Section 129(5) of the Roads (Scotland) Act 1984 | Driving on the footway Offence under the HGV Road User Levy Act 2013 (c. 7) Section 11 of the HGV Road User Levy Act 2013 | Using or keeping heavy goods vehicle if HGV road user levy not paid. Offences under the Haulage Permits and Trailer Registration Act 2018 (c. 19) Section 8(1) of the Haulage Permits and Trailer Registration Act 2018 | Operator using a goods vehicle in breach of regulations made under section 1(1) of that Act without reasonable excuse. Section 8(2) of that Act | Driver of a goods vehicle breaching a requirement under section 6(2)(a) of that Act to produce a permit without reasonable excuse. Section 8(3) of that Act | Wilfully obstructing an examiner exercising powers under section 6 of that Act. Section 8(4)(a) of that Act | Breaching a prohibition under section 7 of that Act without reasonable excuse. Offences under the Trailer Registration Regulations 2018 ( S.I. 2018/1203) Regulation 5 of the Trailer Registration Regulations 2018 | Keeping or using a trailer that has not been registered under those Regulations on a journey to or through a foreign country that is a contracting party to the 1968 Vienna Convention on Road Traffic (“the 1968 Convention”). Regulation 19(1)(a) of those Regulations | Using a registered trailer with an expired registration document on a journey to or through a foreign country that is a contracting party to the 1968 Convention. Regulation 19(1)(f) of those Regulations | Failing to produce a trailer registration document when required to do so. Regulation 19(1)(g) of those Regulations | Failing to fix a registration plate on a registered trailer in accordance with those Regulations. Regulation 19(1)(h) of those Regulations | Displaying a trailer registration mark on a trailer that is not assigned to that trailer. Regulation 20 of those Regulations | Keeping or using an incorrectly registered trailer on a road. Regulation 21 of those Regulations | Keeping or using a registered trailer on a road with a registration mark that is obscured. Regulation 22(a) of those Regulations | Wilfully obstructing a person carrying out an inspection of a trailer under those Regulations. Offence under the Heavy Commercial Vehicles in Kent (No. 1) Order 2019 Article 2(6) of the Heavy Commercial Vehicles in Kent (No. 1) Order 2019 | Driver of a heavy commercial vehicle in Kent failing to comply with or contravening a direction given, or requirement imposed, by a traffic officer.

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SCHEDULE 4 Statutory Statements

Section 68. 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.

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SCHEDULE 5 Scotland: Additional Offences Open to Conditional Offer

Section 75. (1) Provision creating offence | (2) General nature of offence . . . . . . | . . . 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 otherwise than in accordance with 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 licence is revoked, to surrender it ... or, 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 112section 114 | Failure to comply with conditions of HGV LGV or PCV driver’s licence or employing person under 21 to drive HGV LGV or PCV in contravention of conditions of his licence. Regulations under RTA section 117section 120(5) | Contravention of provisions of regulations about HGV LGV or PCV 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. ...

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