Search Legislation

Road Traffic Offenders Act 1988

Changes to legislation:

Road Traffic Offenders Act 1988 is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

View outstanding changes

Changes and effects yet to be applied to :

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  1. Introductory Text

  2. Part I Trial

    1. Introductory

      1. 1. Requirement of warning etc. of prosecutions for certain offences.

      2. 2. Requirement of warning etc: supplementary.

      3. 3. Restriction on institution of proceedings for certain offences.

      4. 4. Offences for which local authorities in England and Wales may institute proceedings.

      5. 5. Exemption from Licensing Act offence.

      6. 6. Time within which summary proceedings for certain offences must be commenced.

      7. 7. Duty of accused to provide licence.

      8. 8.Duty to include date of birth and sex in written plea of guilty.

    2. Trial

      1. 9. Mode of trial.

      2. 10. Jurisdiction of district court in Scotland.

      3. 11. Evidence by certificate as to driver, user or owner.

      4. 12. Proof, in summary proceedings, of identity of driver of vehicle.

      5. 13. Admissibility of records as evidence.

      6. 14. Use of records kept by operators of goods vehicles.

      7. 15. Use of specimens in proceedings for an offence under any of sections 3A to 5A of the Road Traffic Act.

      8. 16. Documentary evidence as to specimens in such proceedings.

      9. 17. Provisions as to proceedings for certain offences in connection with the construction and use of vehicles and equipment.

      10. 18. Evidence by certificate as to registration of driving instructors and licences to give instruction.

      11. 19. Evidence of disqualification in Scotland.

      12. 20.Speeding offences etc: admissibility of certain evidence.

      13. 21. Proceedings in which evidence of one witness sufficient in Scotland.

      14. 22. Notification of disability.

    3. Verdict

      1. 23. Alternative verdicts in Scotland.

      2. 24. Alternative verdicts: general.

    4. After conviction

      1. 25. Information as to date of birth and sex.

      2. 26. Interim disqualification.

  3. Part II Sentence

    1. Introductory

      1. 27. Production of licence.

      2. 28.Penalty points to be attributed to an offence.

      3. 29.Penalty points to be taken into account on conviction.

      4. 30. Penalty points: modification where fixed penalty also in question.

      5. 31. Court may take particulars endorsed ... into consideration.

      6. 32. In Scotland, court may take extract from licensing records into account.

    2. Fine and imprisonment

      1. 33. Fine and imprisonment.

      2. 33A. Forfeiture of vehicles: Scotland.

    3. Disqualification

      1. 34. Disqualification for certain offences.

      2. 34A.Reduced disqualification period for attendance on courses.

      3. 34B. Certificates of completion of courses.

      4. 34BA.Approval of courses

      5. 34C. Provisions supplementary to sections 34A and 34B.

      6. 35. Disqualification for repeated offences.

      7. 35A.Extension of disqualification where custodial sentence also imposed

      8. 35B.Effect of custodial sentence in other cases

      9. 35C.Extension of disqualification where sentence of imprisonment also imposed: Scotland

      10. 35D.Effect of sentence of imprisonment in other cases: Scotland

      11. 36. Disqualification until test is passed.

      12. 37. Effect of order of disqualification.

      13. 37A.Surrender of licence to Secretary of State where disqualified

      14. 38. Appeal against disqualification.

      15. 39. Suspension of disqualification pending appeal.

      16. 40. Power of appellate courts in England and Wales to suspend disqualification.

      17. 41. Power of appellate courts in Scotland to suspend disqualification.

      18. 41A. Suspension of disqualification pending determination of applications under section 34B.

      19. 42. Removal of disqualification.

      20. 43. Rule for determining end of period of disqualification.

    4. Endorsement

      1. 44. Orders for endorsement

      2. 44A.Endorsement of driving record in accordance with order

      3. 45. Effect of endorsement of counterparts.

      4. 45A.Effect of endorsement of driving records

    5. General

      1. 46. Combination of disqualification and endorsement with probation orders and orders for discharge.

      2. 47. Supplementary provisions as to disqualifications and endorsements.

      3. 48.Exemption from disqualification and endorsement for certain construction and use offences.

      4. 49. Offender escaping consequences of endorseable offence by deception.

      5. 50. Powers of district court in Scotland.

  4. Part III Fixed Penalties

    1. Introductory

      1. 51. Fixed penalty offences.

      2. 52. Fixed penalty notices.

      3. 53.Amount of fixed penalty.

    2. Giving notices to suspected offenders

      1. 54. Notices on-the-spot etc..

      2. 55. Effect of fixed penalty notice given under section 54.

      3. 56. Licence receipts.

      4. 57. Endorsement of counterparts without hearings.

      5. 57A.Endorsement of driving records without hearings

      6. 58. Effect of endorsement of counterpart without hearing.

      7. 58A.Effect of endorsement of driving record without hearing

      8. 59. Notification of court and date of trial in England and Wales.

      9. 60. Giving notices to suspected offenders

      10. 61. Fixed penalty notice mistakenly given to licence holder: exclusion of fixed penalty procedures.

      11. 61A.Fixed penalty notice mistakenly given ...: exclusion of fixed penalty procedures

    3. Notices fixed to vehicles

      1. 62. Fixing notices to vehicles.

      2. 63. Service of notice to owner if penalty not paid.

      3. 64. Enforcement or proceedings against owner.

      4. 65. Restrictions on proceedings against owner and others.

      5. 66. Hired vehicles.

      6. 67. False statements in response to notices to owner.

      7. 68.“Owner”, “statutory statement” and “official form”.

    4. The fixed penalty procedure

      1. 69. Payment of penalty.

      2. 70. Registration certificates.

      3. 71. Registration of sums payable in default.

      4. 72. Notices on-the-spot etc.: when registration and endorsement invalid.

      5. 73. Notices fixed to vehicles: when registration invalid.

      6. 74. Provisions supplementary to sections 72 and 73.

    5. Conditional offer of fixed penalty

      1. 75.Issue of conditional offer.

      2. 76. Effect of offer and payment of penalty.

      3. 77. Endorsement of counterparts where penalty paid.

      4. 77A.Endorsement of driving records where penalty paid

    6. Proceedings in fixed penalty cases

      1. 78. General restriction on proceedings.

      2. 79. Statements by constables.

      3. 80. Certificates about payment etc.

      4. 81. Documents signed by the accused.

    7. Miscellaneous

      1. 82. Accounting for fixed penalties: England and Wales.

      2. 83. Powers of court in cases of deception.

      3. 84. Regulations.

      4. 84A.Notices to Secretary of State

      5. 85. Service of documents.

      6. 86. Functions of traffic wardens.

      7. 87. Guidance on application of Part III.

      8. 88. Procedure for regulations and orders.

      9. 89. Interpretation.

      10. 90. Index to Part III.

  5. Part 3A Financial penalty deposits

    1. 90A.Power to impose financial penalty deposit requirement

    2. 90B.Financial penalty deposit requirement

    3. 90C.Making of payment in compliance with requirement

    4. 90D.Prohibition on driving on failure to make payment

    5. 90E.Orders about financial penalty deposits

    6. 90F.Financial penalty deposits: interpretation

  6. PART 3B Courses offered as alternative to prosecution

    1. 90G.Power to charge fees: England and Wales

    2. 90H.Power to prevent courses being offered for repeat offences: England and Wales

    3. 90I.Further provision about regulations under this Part

  7. Part IV Miscellaneous and General

    1. 91. Penalty for breach of regulations.

    2. 91ZA.Application to Northern Ireland licence holders

    3. 91ZB.Effect of endorsement on Northern Ireland licence holders

    4. 91A. Application to Community licence holders.

    5. 91B. Effect of endorsement on Community licence holders.

    6. 92. Application to Crown.

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

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

    9. 95. Destination of Scottish fines.

    10. 96. Meaning of “offence involving obligatory endorsement”.

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

    12. 97A.Meaning of “driving record”

    13. 98. General interpretation.

    14. 99. Short title, commencement and extent.

  8. SCHEDULES

    1. SCHEDULE 1

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

      1. 1.(1) Where section 1, 6, 11 or 12(1) of this...

      2. 1A.Section 1 also applies to— (a) an offence under section...

      3. 2.Section 6 also applies— (a) to an offence under section...

      4. 3.Section 11 also applies to— (a) any offence to which...

      5. 4.Section 12(1) also applies to— (a) any offence which is...

    2. SCHEDULE 2

      Prosecution and Punishment of Offences

      1. Part I Offences under the Traffic Acts

      2. Part II Other offences

    3. SCHEDULE 3

      Fixed Penalty Offences

    4. SCHEDULE 4

      Statutory Statements

      1. Part I Statutory Statement of Ownership or Hiring

        1. 1.(1) For the purposes of Part III of this Act,...

        2. 2.(1) For the purposes of Part III of this Act,...

      2. Part II Statutory Statement of Facts

        1. 3.(1) For the purposes of Part III of this Act,...

    5. SCHEDULE 5

      Scotland: Additional Offences Open to Conditional Offer

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources