SCHEDULES
Sections 1 etc.
SCHEDULE 1E+W+S 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 M1Road Traffic Act 1988 specified in column 1, the section in question applies to an offence under that provision.E+W+S
(2)The general nature of the offence is indicated in column 2.
Marginal Citations
Valid from 01/07/1992
[F11AE+W+SSection 1 also applies to—
(a)an offence under section 16 of the Road Traffic Regulation Act 1984 consisting in the contravention of a restriction on the speed of vehicles imposed under section 14 of that Act,
(b)an offence under subsection (4) of section 17 of that Act consisting in the contravention of a restriction on the speed of vehicles imposed under that section, and
(c)an offence under section 88(7) or 89(1) of that Act (speeding offences).]
Textual Amendments
F1 Sch. 1 para. 1A inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1) , s. 22 , Sch. 1 para. 2 ; S.I. 1992/1286 , art. 2 , Sch.
2Section 6 also applies—
(a)to an offence under section 67 of this Act, [F2and]
(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) [F3, and
(c)an offence under section 1(5) of the Road Traffic (Driver Licensing and Information Systems) Act 1989.]
Textual Amendments
F2Word repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), ss. 7, 16, Sch. 3 para. 27(a), Sch. 6
F3Sch. 1 para. 2(c) and “, and" immediately preceding it inserted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 27(a)
3E+W+SSection 11 also applies to—
(a)any offence to which section 112 of the M2Road 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, [F4and]
[F5(bb)an offence under paragraph 3 of Schedule 1 to the Road Traffic (Driver Licensing and Information Systems) Act 1989, and]
(c)any offence against any other enactment relating to the use of vehicles on roads.
Textual Amendments
F4 Word repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), ss. 7, 16, Sch. 3 para. 27(b), Sch. 6
F5Sch. 1 para. 3(bb) inserted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 27(b)
Marginal Citations
4Section 12(1) also applies to—
(a)any offence which is punishable under section 91 of this Act, [F6and]
[F7(aa)an offence under paragraph 3(1) of Schedule 1 to the Road Traffic (Driver Licensing and Information Systems) Act 1989, and]
(b)any offence against any other enactment relating to the use of vehicles on roads.
| (1) Provision creating offence | (2) General nature of offence | (3) Applicable provisions of this Act |
|---|---|---|
| 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. |
| [F8RTA section 19A] | [F8Prohibition of parking of vehicles other than heavy commercial vehicles on verges, etc.] | [F8Sections 11 and 12 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 certificate being in force, or 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. | Sections 11 and 12(1) of this Act. |
| RTA section 63 | Using, etc., vehicle without required certificate being in force showing that it, or a part fitted to it, complies with type approval requirements applicable to it, or using, etc., certain goods vehicles for drawing trailer when plating certificate does not specify maximum laden weight for vehicle and trailer, or using, etc., goods vehicle where Secretary of State has not been but is required to be notified under section 48 of alteration to it or its equipment. | Sections 11 and 12(1) of this Act. |
| RTA section 71 | Driving, etc., goods vehicle in contravention of prohibition on driving it as being unfit for service or overloaded, or refusing, neglecting or otherwise failing to comply with a direction to remove a goods vehicle found overloaded. | Sections 11 and 12(1) of this Act. |
| 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 [F9when his licence is revoked, to surrender it and its counterpart or], when his particulars become incorrect, to surrender licence [F10and counterpart] 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. |
| [F11RTA section 114(1)] | [F11Failing to comply with conditions of LGV or PCV driver’s licence.] | [F11Sections 11 and 12(1) of this Act.] |
| [F11RTA section 114(2)] | [F11Causing or permitting a person under 21 to drive LGV or PCV in contravention of conditions of that person’s licence.] | [F11Section 11 of this Act.] |
| [F12RTA section 110(1)] | [F12Driving HGV without HGV driver’s licence.] | [F12Sections 11 and 12(1) of this Act.] |
| [F12RTA section 110(2)] | [F12Causing or permitting person to drive HGV without HGV driver’s licence.] | [F12Section 11 of this Act.] |
| [F12RTA section 112(6)] | [F12Failing to comply with conditions of HGV driver’s licence.] | [F12Sections 11 and 12(1) of this Act.] |
| [F12RTA section 112(7)] | [F12Causing or permitting a person under 21 to drive HGV in contravention of conditions of HGV driver’s licence.] | [F12Section 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 [F13and counterpart] 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 (5) | 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 [F14falsely amending certificate of conformity]. | Section 6 of this Act. |
Textual Amendments
F6Word repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), ss. 7, 16, Sch. 3 para. 27(c), Sch. 6
F7Sch. 1 para. 4(aa) inserted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 27(c)
F8Entry inserted (prosp.) by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 4, 8(3)(b), Sch. 2 Pt. II para. 22(3)
F9Words inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 27(d) (as amended by S.I. 1990/144, regs. 2(1), 3, Sch. 3 para. 3(4))
F10Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 26(a)
F11Entry inserted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 27(e)
F12Entries repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 16, Sch. 6
F13Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 26(b)
F14Words added (prosp.) by Transport Act 1982 (c. 49, SIF 107:1), ss. 24(3), 76(2), (as amended (15.5.1989) by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 Pt. I para. 13(c)(iv) )
Section 9 etc.
SCHEDULE 2E+W+S Prosecution and Punishment of Offences
Part IE+W+S Offences under the Traffic Acts
| (1) Provision creating offence | (2) General nature of offence | (3) Mode of prosecution | (4) Punishment | (5) Disqualification | (6) Endorsement | (7) Penalty points |
|---|---|---|---|---|---|---|
| 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. | |||
Textual Amendments
F15 “35A(1)" substituted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 11(a)
F16 “35A(2)" substituted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 11(b)(i)
F17Words substituted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 11(b)(ii)
F18 “35A(5)" substituted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 11(c)
| 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 RTA [F31section 117(4)][F31section 120(5)] | Contravention of provision of regulations (which is declared by regulations to be an offence) about [F32HGV][F32LGV or PCV]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 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) | 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 [F34175][F34175(1)] | Issuing false documents. | Summarily. | Level 4 on the standard scale. | |||
| [F35[F36RTA section 175(2)]] | [F35Falsely amending certificate of conformity.] | [F35Summarily.] | [F35[F37Level 4 on the standard scale]] | . . . F38 | ||
| 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. | |||
Textual Amendments
F19Entry inserted (prosp.) by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 4, 8(3)(b), Sch. 2 Pt. II para. 22(4)
F20Entry inserted (prosp.) by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 4, 8(3)(c), Sch. 2 Pt. III para. 30
F21Entry inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 28(a)
F22Words inserted by virtue of S.I. 1990/144, regs. 2(3), 3, Sch. 3 para. 3(5)(a)(i)
F23Words inserted by virtue of S.I. 1990/144, regs. 2(3), 3, Sch. 3 para. 3(5)(a)(ii)
F24 “(5)" inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 28(b)(i)
F25Words inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 28(b)(ii) (as amended (insertion of words “and its counterpart") by S.I. 1990/144, regs. 2(3), 3, Sch. 3 para. 3(5)(b) )
F26Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 27(a)
F27Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 27(b)
F28Entries inserted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 28(c)
F29Words inserted by virtue of S.I. 1990/144, regs. 2(3), 3, Sch. 3 para. 3(5)(c)
F30Entries repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 16, Sch. 6
F31Words “section 120(5)" substituted (1.4.1991) for “section 117(4)" by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 28(d)(i)
F32Words “LGV or PCV" substituted (1.4.1991) for “HGV" by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 28(d)(ii)
F33Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 27(c)
F34 “175(1)" substituted (prosp.) for “175" by Transport Act 1982 (c. 49, SIF 107:1), ss. 24(3)(a), 76(2) (as amended (15.5.1989) by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 Pt. I para. 13(c)(i)(ii) )
F35Entry inserted (prosp.) by Transport Act 1982 (c. 49, SIF 107:1), ss. 24(3)(b), 76(2) (as amended (15.5.1989) by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 Pt. I para. 13(c)(i)(iii) )
F36Words substituted (15.5.1989) by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 Pt. I para. 13(c)(i)(iii)
F37Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F38Words repealed (15.5.1989) by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 4, 5, Sch. 1 Pt. I, Sch. 2 Pt. I para. 13(c)(i)(iii), Sch. 4 paras. 1–3
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 [F39and counterpart] 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 [F40and counterpart] 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. |
| . . . F41 | |||
| 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. |
Textual Amendments
F39Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 27(d)
F40Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 27(e)
[F42Offences under the Road Traffic (Driver Licensing and Information Systems) Act 1989]
| [F42RTA 1989 s. 1(5)] | [F42Failure of holder of existing HGV or PSV driver’s licence to surrender it upon revocation or surrender of his existing licence under Part III of RTA.] | [F42Summarily.] | [F42Level 3 on the standard scale] | |||
| [F42RTA 1989, Schedule 1, para. 3] | [F42Failing to comply with conditions of existing HGV driver’s licence, or causing or permitting person under 21 to drive HGV in contravention of such conditions.] | [F42Summarily.] | [F42Level 3 on the standard scale.] | |||
| [F42RTA 1989, Schedule 1, para. 8(2)] | [F42Contravention of provision of regulations (which is declared by regulations to be an offence) about existing HGV or PSV driver’s licences.] | [F42Summarily.] | [F42Level 3 on the standard scale.] | |||
| [F42RTA 1989, Schedule 1, para. 10(4)] | [F42Taking PSV test before applying for licence or within prescribed period afterwards.] | [F42Summarily.] | [F42Level 3 on the standard scale.] | |||
| [F42RTA 1989, Schedule 1, para. 10(5)] | [F42Taking PSV test after refusal of licence.] | [F42Summarily.] | [F42Level 3 on the standard scale.] |
Textual Amendments
F42Entry inserted (1.4.1991 except so far as it relates to offences under paragraph 10(4) and (5) of Part II of Schedule 1 to the Act which came into force on 8.11.1989) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 29
Part IIE+W+S Other offences
| (1) Offence | (2) Disqualification | (3) Endorsement | (4) Penalty points |
|---|---|---|---|
| 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 3E+W+S Fixed Penalty Offences
Offences under the Vehicles (Excise) Act 1971 (c. 10)
| (1) Provision creating offence | (2) General nature of offence |
|---|---|
| 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 [F43other than a contravention of regulation 8 of the “Zebra" Pedestrian Crossings Regulations 1971 or of regulation 16 or 17 of the “Pelican" Pedestrian Crossings Regulations and General Directions 1987]. |
| 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 [F4435A(1)] | 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. |
Textual Amendments
F43Words added (E.W.) by S.I. 1990/335, art. 3 and (S.) by S.I. 1990/466, art. 3
F44 “35A(1)" substituted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 12
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. |
| [F45RTA section 19A] | [F45Parking a vehicle other than a heavy commercial vehicle on verge, etc.] |
| 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. |
Textual Amendments
F45Entry inserted (prosp.) by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 4, 8(3)(b), Sch. 2 Pt. II para. 22(5)
Section 68.
SCHEDULE 4E+W+S Statutory Statements
Part IE+W+S 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—E+W+S
(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—E+W+S
(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 IIE+W+S 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—E+W+S
(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 5E+W+S Scotland: Additional Offences Open to Conditional Offer
| (1) Provision creating offence | (2) General nature of offence |
|---|---|
| Offence under the Vehicles (Excise) Act 1971. | |
| 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 [F46when his licence is revoked, to surrender it and its counterpart or], when his particulars become incorrect, to surrender licence [F47and counterpart] and give particulars. |
| [F48RTA section 110] | [F48Driving HGV without HGV driver’s licence or causing or permitting person to drive HGV without HGV driver’s licence.] |
| RTA [F49section 112][F49section 114] | Failure to comply with conditions of [F50HGV][F50LGV or PCV] driver’s licence or employing person under 21 to drive [F50HGV][F50LGV or PCV] in contravention of conditions of his licence. |
| Regulations under RTA [F51section 117][F51section 120(5)] | Contravention of provisions of regulations about [F52HGV][F52LGV or PCV] 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. |
Textual Amendments
F46Words inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 30(a) (as amended (insertion of words “and its counterpart") by S.I. 1990/144, reg. 2(3), Sch. 3 para. 3(6) )
F47Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 28
F48Entry repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 16, Sch. 6
F49Words “section 114" substituted (1.4.1991) for “section 112" by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 30(b)(i)
F50Words “LGV or PCV" substituted (1.4.1991) for “HGV" by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 30(b)(ii)
F51Words “section 120(5)" substituted (1.4.1991) for “section 117" by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 30(c)(i)
F52Words “LGV or PCV" substituted (1.4.1991) for “HGV" by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 30(c)(ii)
Offence under this Act
| Section 25(6) of this Act | Failure to provide Secretary of State when required with evidence of date of birth. |
[F53Offences under the Road Traffic (Driver Licensing and Information Systems) Act 1989]
| [F53RTA 1989 s. 1(5).] | [F53Failure of holder of existing HGV or PSV licence to surrender it upon revocation or surrender of his existing licence under Part III of RTA.] |
| [F53RTA 1989, Schedule 1, para. 3.] | [F53Failure to comply with conditions of existing HGV driver’s licence or employing person under 21 to drive HGV in contravention of conditions of his licence.] |
| [F53RTA 1989, Schedule 1, para. 8(2).] | [F53Contravention of provisions of regulations about existing HGV and PSV drivers’ licences which is declared by the regulations to be an offence.] |
| [F53RTA 1989, Schedule 1, para. 10(4).] | [F53Taking PSV test before applying for licence or within prescribed period afterwards.] |
| [F53RTA 1989, Schedule 1, para. 10(5).] | [F53Taking PSV test after refusal of licence.] |
Textual Amendments
F53Entry inserted (1.4.1991 except so far as it relates to offences under paragraph 10(4) and (5) of Part II of Schedule 1 to the Act which came into force on 8.11.1989) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 30(d)