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.

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 F1535A(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 F1635A(2)

F17Misuse of apparatus for collecting charges or of parking device or connected apparatus

Summarily.

Level 3 on the standard scale.

RTRA section F1835A(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

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 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.

F19RTA section 19A

F19Prohibition of parking of vehicles other than heavy commercial vehicles on verges, etc.

F19Summarily

F19Level 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 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 Act 1988) as to brakes, steering-gear, tyres or any description of weight, or

(ii) in breach of a construction and use requirement (within the meaning of Part II of that Act) as to brakes, steering-gear, or tyres.

(iii) for any purpose for which it is so unsuitable as to cause or to be likely to cause danger.

(b) Discretionary if committed by carrying on a motor vehicle or trailer a load which, by reason of its insecurity or position, is likely to cause danger.

(b) Level 5 on the standard scale in the case of an offence of carrying on a goods vehicle a load which, by reason of its insecurity or position, is likely to cause danger.

(c) Level 4 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 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.

F20RTA section 67A(including application by section 67B(4)).

F20Failure 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.

F20Summarily.

F20Level 3 on the standard scale.

F20RTA section 67B

F20Obstructing 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.

F20Summarily.

F20Level 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 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.

F21RTA section 92(7C)

F21Failure to deliver licence revoked by virtue of section 92(7A) F22and counterpart to Secretary of State.

F21Summarily.

F21Level 3 on the standard scale.

F21RTA section 93(3)

F21Failure to deliver revoked licence F23and counterpart to Secretary of State.

F21Summarily.

F21Level 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 F24(5)

Driving licence holder failing F25when his licence is revoked, to surrender it and its counterpart or, when his particulars become incorrect, to surrender licence F26and counterpart 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 F27and counterpart.

Summarily.

Level 3 on the standard scale.

F28RTA section 114

F28Failing to comply with conditions of LGV or PCV licence F29and counterpart, or causing or permitting person under 21 to drive LGV or PCV in contravention of such conditions.

F28Summarily.

F28Level 3 on the standard scale.

F28RTA section 118

F28Failing to surrender revoked or suspended LGV or PCV licence F29and counterpart.

F28Summarily.

F28Level 3 on the standard scale.

F30RTA section 110

F30Driving, or causing or permitting person to drive, HGV without HGV driver’s licence.

F30Summarily.

F30Level 4 on the standard scale.

F30RTA section 112

F30Failing to comply with conditions of HGV driver’s licence, or causing or permitting person under 21 to drive HGV in contravention of such conditions.

F30Summarily.

F30Level 3 on the standard scale.

Regulations made by virtue of RTAF31section 117(4)F31section 120(5)

Contravention of provision of regulations (which is declared by regulations to be an offence) about F32HGVF32LGV or PCVdrivers’ 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 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 or unsecured against third-party risks.

Summarily.

Level 4 on the standard scale.

Discretionary.

Obligatory.

6–8

RTA section 147

Failing to surrender certificate of insurance or security 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 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 F33and counterpart 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)