Road Traffic Offenders Act 1988

Part IV Miscellaneous and General

91 Penalty for breach of regulations

If a person acts in contravention of or fails to comply with—

(a) any regulations made by the Secretary of State under the [1988 c. 52.] Road Traffic Act 1988 other than regulations made under section 31, 45 or 132,

(b) any regulations made by the Secretary of State under the [1984 c. 27.] Road Traffic Regulation Act 1984, other than regulations made under section 28, Schedule 4, Part III of Schedule 9 or Schedule 12,

and the contravention or failure to comply is not made an offence under any other provision of the Traffic Acts, he shall for each offence be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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 and 49 and the provisions connected with the licensing of drivers.

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 4 to 10 of the Road Traffic Act 1988.

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).

95 Destination of Scottish fines

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 [1988 c. 52.] 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, 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 [1984 c. 27.] 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.

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.

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.

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 [1988 c. 52.] 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, 32, 34 to 48, 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, has the same meaning as in the [1984 c. 54.] Roads (Scotland) Act 1984,

• “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.