Road Traffic Offenders Act 1988

12 Proof, in summary proceedings, of identity of driver of vehicle. E+W+S

(1) Where on the summary trial in England and Wales of an information for an offence to which this subsection applies—

(a) it is proved to the satisfaction of the court, on oath or in manner prescribed by [F1 Criminal Procedure Rules], that a requirement under section 172(2) of the M1 Road Traffic Act 1988 to give information as to the identity of the driver of a particular vehicle on the particular occasion to which the information relates has been served on the accused [F2 in accordance with Criminal Procedure Rules], and

(b) a statement in writing is produced to the court purporting to be signed by the accused that the accused was the driver of that vehicle on that occasion,

the court may accept that statement as evidence that the accused was the driver of that vehicle on that occasion.

(2) Schedule 1 to this Act shows the offences to which subsection (1) above applies.

(3) Where on the summary trial in England and Wales of an information for an offence to which section 112 of the M2 Road Traffic Regulation Act 1984 applies—

(a) it is proved to the satisfaction of the court, on oath or in manner prescribed by [F3 Criminal Procedure Rules], that a requirement under section 112(2) of the Road Traffic Regulation Act 1984 to give information as to the identity of the driver of a particular vehicle on the particular occasion to which the information relates has been served on the accused [F4 in accordance with Criminal Procedure Rules], and

(b) a statement in writing is produced to the court purporting to be signed by the accused that the accused was the driver of that vehicle on that occasion,

the court may accept that statement as evidence that the accused was the driver of that vehicle on that occasion.

F5 [( 4 ) In summary proceedings in Scotland for an offence to which section 20(2) of the [F6 this Act]] applies, where—

(a) it is proved to the satisfaction of the court that a requirement under section 172(2) of the Road Traffic Act 1988 to give information as to the identity of a driver on a particular occasion to which the complaint relates has been served on the accused by post, and

(b) a statement in writing is produced to the court, purporting to be signed by the accused, that the accused was the driver of that vehicle on that occasion,

that statement shall be sufficient evidence that the accused was the driver of the vehicle on that occasion.

Textual Amendments

F1 Words in s. 12(1)(a) substituted (1.9.2004) by Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 2(1), Sch. para. 30 (with art. 2(2))

F2 Words in s. 12(1)(a) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(3), Sch. 1 para. 11(3)

F3 Words in s. 12(3)(a) substituted (1.9.2004) by Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 2(1), Sch. para. 30 (with art. 2(2))

F4 Words in s. 12(3)(a) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(3), Sch. 1 para. 11(3)

F5 S. 12(4) added (1.4.1993 only for the purposes of summary criminal proceedings in Scotland which are commenced on or after 1.4.1993) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para.85; S.I. 1993/975, art. 2 Sch.

F6 Words in s. 12(4) (as proposed to be inserted by 1991 c. 40, Sch. 4 para. 85) substituted (S.) (29.3.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 5 (with s. 47(2), Sch. 6 paras. 1, 2)

Modifications etc. (not altering text)

C1 S. 12 extended by Greater London Council (General Powers) Act 1974 (c. xxiv, SIF 107:1, s. 15(2)(b) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 12(a))

C2 S. 12(1) applied (31.3.2009) by Road Safety (Immobilisation, Removal and Disposal of Vehicles) Regulations 2009 (S.I. 2009/493), regs. 1, 19(d) (with reg. 3)

Marginal Citations

M1 1988 c. 52.

M2 1984 c. 27.