Road Traffic Offenders Act 1988 (c. 53)

(The document as of February, 2008)

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"the Road Traffic Acts" means the [1988 c. 54.] 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Act 1988, the Road Traffic (Consequential Provisions) Act 1988 (so far as it reproduces the effect of provisions repealed by that Act) and this Act, and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 [1984 c. 27.] Road Traffic Regulation Act 1984.

(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.

(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.

(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.

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) Section 59 of this Act shall come into force on such day or days as the Secretary of State may by order made by statutory instrument appoint.

(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 [1978 c. 30.] 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.

SCHEDULES

Sections 1 etc.

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

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 [1988 c. 52.] 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.

2 Section 6 also applies--

(a) to an offence under section 67 of this Act, and

(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).

3 Section 11 also applies to--

(a) any offence to which section 112 of the [1984 c. 27.] 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

4 Section 12(1) also applies to--

(a) any offence which is punishable under section 91 of this Act, and

(b) any offence against any other enactment relating to the use of vehicles on roads.

RTA section 1	Causing death by reckless driving.	Section 11 of this Act.
RTA section 2	Reckless driving.	Sections 1, 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 4	Driving or attempting to drive, or being in charge of a motor 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 6	Failing to provide a specimen of breath for a breath 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 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.	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 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	Reckless 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 42	Contravention of construction and use regulations.	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 cert
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 without a licence.	Sections 11 and 12(1) of this Act.
RTA section 87(2)	Causing or permitting a person to drive without a licence.	Section 11 of this Act.
RTA section 94	Failure to notify the Secretary of State of onset of, or deterioration in, relevant or prospective disability.	Section 6 of this Act.
RTA section 97	Failing to comply with any conditions prescribed for driving under provisional licence.	Sections 11 and 12(1) of this Act.
RTA section 98	Failing to comply with any conditions prescribed for driving under provisional licence where conditions applicable to driving under full licence.	Sections 11 and 12(1) of this Act.
RTA section 99	Driving licence holder failing, when his particulars become incorrect, to surrender licence and give particulars.	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 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 or unsecured against third party risks.	Sections 6, 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 to constable 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 or security.	Sections 11 and 12(1) of this Act.
RTA section 174(1) or (6)	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.	Section 6 of this Act.

Section 9 etc.

SCHEDULE 2 Prosecution and Punishment of Offences

Part I Offences under the Traffic Acts

Offences under the Road Traffic Regulation Act 1984

< 52 (1)

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.
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
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 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 35 (4)	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 35 (5)	Interference with apparatus for collecting charges.	Summarily.	Level 3 on the standard scale.
RTRA section 35 (7)	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.	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
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 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	Wrongful use of disabled person's 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 reckless driving.	On indictment.	5 years.	Obligatory.	Obligatory.	4
RTA section 2	Reckless driving.	(a) Summarily.	(a) 6 months or the statutory maximum or both.	(i) Obligatory, if committed within 3 years after a previous conviction of an offence under RTA section 1 or 2.	Obligatory.	(i) 4, if committed as mentioned in column (5)(i).
				(ii) Discretionary, if committed otherwise than as mentioned in paragraph (i) above.		(ii) 10, if committed otherwise than as mentioned in column (5)(i).
		(b) On indictment.	(b) 2 years or a fine or both.
RTA section 3	Careless, and inconsiderate, driving.	Summarily.	Level 4 on the standard scale.	Discretionary.	Obligatory.	3-9
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.	4
RTA section 4(2)	Being in charge of a motor 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.	4
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 6	Failing to provide a specimen of breath for a breath 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 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) 4 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 12	Motor racing and speed trials on public ways.	Summarily.	Level 4 on the standard scale.	Obligatory.	Obligatory.	4
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.	Summarily.	Level 2 on the standard scale.
RTA section 15(4)	Driving motor vehicle with child in rear not wearing seat belt.	Summarily.	Level 1 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 23	Carrying passenger on motor-cycle contrary to section 23.	Summarily.	Level 3 on the standard scale.	Discretionary.	Obligatory.	1
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	Reckless cycling.	Summarily.	Level 3 on the standard scale.
RTA section 29	Careless, and inconsiderate, cycling.	Summarily.	Level 1 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 motor 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 or traffic warden.	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 42	Contravention of construction and use regulations.	Summarily.	(a) Level 5 on the standard scale in the case of an offence of using, or causing or permitting the use of, a goods vehicle or a vehicle adapted to carry more than eight passengers--	(a) Discretionary if committed by using, or causing or permitting the use of, any motor vehicle or trailer--	Obligatory if committed as described in the entry in column 5.	3
			(i) so as to cause, or to be likely to cause, danger by the condition of the vehicle or its parts or accessories, the number of passengers carried by it, or the weight, distribution, packing or adjustment of its load, or	(i) as described in paragraph (a)(i) or (iii) in the entry in column 4, or
			(ii) in breach of a construction and use requirement (within the meaning of Part II of the Road Traffic
			(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 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 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)	Sup	Driving without a licence.	Summarily.	Level 3 on the standard scale.	Discretionary if committed by driving a motor vehicle in a case where either no licence authorising the driving of that vehicle could have been granted to the offender or, if a provisional (but no other) licence to drive it could have been granted to him, the driving would not have complied with the conditions of the licence.	Obligatory if committed as described in the entry in column 5.	2
RTA section 87(2)	Causing or permitting a person to drive without a licence.	Summarily.	Level 3 on the standard scale.
RTA section 94	Failure to notify Secretary of State of onset of, or deterioration in, relevant or prospective disability.	Summarily.	Level 3 on the standard scale.
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.	2
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	Driving licence holder failing, when his particulars become incorrect, to surrender licence and give particulars.	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.	2 where offender was disqualified as under age,
						6 where offender was disqualified by order of court.
		(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 109	Failing to produce to court Northern Ireland driving licence.	Summarily.	Level 3 on the standard scale.
RTA section 110	Driving, or causing or permitting person to drive, HGV without HGV driver's licence.	Summarily.	Level 4 on the standard scale.
RTA section 112	Failing to comply with conditions of HGV driver's licence, or causing or permitting person under 21 to drive HGV in contravention of such conditions.	Summarily.	Level 3 on the standard scale.
Regulations made by virtue of RTA section 117(4)	Contravention of provision of regulations (which is declared by regulations to be an offence) about HGV drivers' licences.	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 135	Unregistered instructor using title or displaying badge, etc., prescribed for registered instructor, or employer using such making a false statement, as to insurance or security when claim made.	Summarily.	Level 4 on the standard scale.
RTA section 163	Failing to stop motor vehicle or cycle when required by constable.	Summarily.	Level 3 on the standard scale.
RTA section 164	Failing to produce driving licence to constable 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.	Level 5 on the standard scale.	Discretionary.	Obligatory.	8 - 10
RTA section 170(7)	Failure by driver, in case of accident involving injury to another, to produce evidence of insurance or security 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 or security.	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.
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.	Summarily.	Level 4 on the standard scale.
RTA section 175	Issuing false documents.	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 protective helmet or appliance in defending proceedings under RTA section 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 for endorsement on conviction of offence involving obligatory endorsement or on committal for sentence, etc., for offence involving obligatory or discretionary disqualification when no interim disqualification ordered.	Summarily.	Level 3 on the standard scale.
Section 45 of this Act.	Applying for or obtaining licence without giving particulars of current endorsement.	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 67 of this Act.	False statement in response to notice to owner.	Summarily.	Level 5 on the standard scale.

Part II Other offences

Manslaughter or, in Scotland, culpable homicide by the driver of a motor vehicle.	Obligatory.	Obligatory.	4
Stealing or attempting to steal a motor vehicle.	Discretionary.	Obligatory.	8
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.	Obligatory.	8
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	Obligatory.	8

Section 51.

SCHEDULE 3 Fixed Penalty Offences

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

Section 12(4) of the Vehicles (Excise) Act 1971.	Using or keeping a vehicle on a public road without licence being exhibited in the prescribed manner.
Section 22 (1) of that Act.	Driving or keeping a vehicle without required registration mark or hackney carriage sign.
Section 22 (2) of that Act.	Driving or keeping a vehicle with registration mark or hackney carriage sign obscured, 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.

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

RTRA section 5(1)	Using a vehicle in contravention of a traffic regulation order outside Greater London.
RTRA section 8(1)	Breach of traffic regulation order in Greater London.
RTRA section 11	Breach of experimental traffic order.
RTRA section 13	Breach of experimental traffic scheme regulations in Greater London.
RTRA section 16(1)	Using a vehicle in contravention of temporary prohibition or restriction of traffic in case of execution of works, etc.
RTRA section 17(4)	Wrongful use of special road.
RTRA section 18(3)	Using a vehicle in contravention of provision for one-way traffic on trunk road.
RTRA section 20(5)	Driving a vehicle in contravention of order prohibiting or restricting driving vehicles on certain classes of roads.
RTRA section 25(5)	Breach of pedestrian crossing regulations, except an offence in respect of a moving motor vehicle.
RTRA section 29(3)	Using a vehicle in contravention of a street playground order outside Greater London.
RTRA section 30(5)	Using a vehicle in contravention of a street playground order in Greater London.
RTRA section 35(4)	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.
RTRA section 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.
RTRA section 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).
RTRA section 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).
RTRA section 88(7)	Driving a motor vehicle in contravention of an order imposing a minimum speed limit under section 88(1)(b).
RTRA section 89(1)	Speeding offences under RTRA and other Acts.

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

RTA section 14	Breach of regulations requiring wearing of seat belts.
RTA section 15(2)	Breach of restriction on carrying children in the front of vehicles.
RTA section 16	Breach of regulations relating to protective headgear for motor cycle drivers and passengers.
RTA section 19	Parking a heavy commercial vehicle on verge or footway.
RTA section 22	Leaving vehicle in dangerous position.
RTA section 23	Unlawful carrying of passengers on motor cycles.
RTA section 34	Driving motor vehicle elsewhere than on a road.
RTA section 35	Failure to comply with traffic directions.
RTA section 36	Failure to comply with traffic signs.
RTA section 42	Breach of construction and use regulations; or the use on a road of a motor vehicle or trailer which does not comply with construction and use regulations.
RTA section 87(1)	Driving vehicle without requisite licence.
RTA section 97	Breach of provisional licence conditions.
RTA section 163	Failure to stop vehicle on being so required by constable in uniform.

Section 68.

SCHEDULE 4 Statutory Statements

Part I Statutory Statement of Ownership or Hiring

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

(a) he was never the owner, or

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

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

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

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

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

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

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

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

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

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

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

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

Part II Statutory Statement of Facts

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

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

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

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

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

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

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

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

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

Section 75.

SCHEDULE 5 Scotland: Additional Offences Open to Conditional Offer

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

Section 15(2) of the Vehicles (Excise) Act 1971.

Failure to surrender excise licence when required to do so by Secretary of State.

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

Section 53(6) of the Road Traffic Regulation Act 1984.

Breach of provision of parking place designation order having effect by virtue of section 53(1)(b).

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

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

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

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

Offence under this Act

Section 25(6) of this Act

Failure to provide Secretary of State when required with evidence of date of birth.

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