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
[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, F2. . .
(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)[F4to] 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F2Word repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), ss. 7, 16, Sch. 3 para. 27(a), Sch. 6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)
F4Word in Sch. 1 para. 2(c) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 22, Sch. 1 para.3; S.I. 1992/1286, art. 2, Sch.
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, [F5and]
[F6(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
F5 Word repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), ss. 7, 16, Sch. 3 para. 27(b), Sch. 6
F6Sch. 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, [F7and]
[F8(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 [F9dangerous] driving. | Section 11 of this Act. |
| RTA section 2 | [F9Dangerous] 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. |
| [F10RTA section 3A] | [F10Causing death by careless driving when under influence of drink or drugs.] | [F10Section 11 of this Act.] |
| RTA section 4 | Driving or attempting to drive, or being in charge of a [F11mechanically propelled 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. |
| [F12RTA section 19A] | [F12Prohibition of parking of vehicles other than heavy commercial vehicles on verges, etc.] | [F12Sections 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 | [F13Dangerous] 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. |
| [F14RTA section 40A] | [F14Using vehicle in dangerous condition etc.] | [F14Sections 11 and 12(1) of this Act.] |
| [F14RTA section 41A] | [F14Breach of requirement as to brakes, steering-gear or tyres.] | [F14Sections 11 and 12(1) of this Act.] |
| [F14RTA section 41B] | [F14Breach of requirement as to weight: goods and passenger vehicles.] | [F14Sections 11 and 12(1) of this Act.] |
| RTA section 42 | [F15Breach of other construction and use requirements] | 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., F16. . .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 F16. . . 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 [F17otherwise than in accordance with] a licence. | Sections 11 and 12(1) of this Act. |
| RTA section 87(2) | Causing or permitting a person to drive [F17otherwise than in accordance with] a licence. | Section 11 of this Act. |
| [F18RTA section 92(10)] | [F18Driving after making false declaration as to physical fitness.] | [F18Sections 6, 11 and 12(1) of this Act.] |
| RTA [F19Section 94(3)] | [F20and that subsection as applied by RTA section 99D] | |
| Failure to notify the Secretary of State of onset of, or deterioration in, relevant or prospective disability. | Section 6 of this Act. | |
| [F21RTA section 94(3A)][F22and that subsection as applied by RTA section 99D(b)] | [F21Driving after such a failure.] | [F21Sections 6, 11 and 12(1) of this Act.] |
| [F21RTA section 94A] | [F21Driving after refusal of licence under section 92(3) [F23, revocation under section 93 or service of a notice under section 99C].] | [F21Sections 6, 11 and 12(1) of this Act.] |
| F24. . . | F24. . . | F24. . . |
| F24. . . | F24. . . | F24. . . |
| RTA section 99 | 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. | Section 6 of this Act. |
| [F27RTA section 99B(11). | Driving after failure to comply with a requirement under section 99B(6), (7) or (10). | 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. |
| [F28RTA section 114(1)] | [F28Failing to comply with conditions of LGV [F29PCV licence or LGV Community licence].] | [F28Sections 11 and 12(1) of this Act.] |
| [F28RTA section 114(2)] | [F28Causing or permitting a person under 21 to drive LGV or PCV in contravention of conditions of that person’s licence.] | [F28Section 11 of this Act.] |
| [F30RTA section 110(1)] | [F30Driving HGV without HGV driver’s licence.] | [F30Sections 11 and 12(1) of this Act.] |
| [F30RTA section 110(2)] | [F30Causing or permitting person to drive HGV without HGV driver’s licence.] | [F30Section 11 of this Act.] |
| [F30RTA section 112(6)] | [F30Failing to comply with conditions of HGV driver’s licence.] | [F30Sections 11 and 12(1) of this Act.] |
| [F30RTA section 112(7)] | [F30Causing or permitting a person under 21 to drive HGV in contravention of conditions of HGV driver’s licence.] | [F30Section 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 [F31and counterpart][F32etc] 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. |
| X1RTA section 174(1) or [F33(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 [F34falsely amending certificate of conformity]. | Section 6 of this Act. |
Editorial Information
X1The figure "(5)" stands in the text by virtue of a correction notice issued by the Queen's Printer dated November 1990 and Road Traffic Act 1991 (c. 40, SIF 107:1), Sch. 1 para. 17.
Textual Amendments
F7Word 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
F8Sch. 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)
F9Words in Sch. 1 Table substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 22, Sch. 1 para. 5; S.I. 1992/1286, art. 2, Sch.
F10Entry in Sch. 1 Table inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 22, Sch. 1 para. 6; S.I. 1992/1286, art. 2, Sch.
F11Words in Sch. 1 Table substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 22, Sch. 1 para. 7; S.I. 1992/1286, art. 2, Sch.
F12Entry 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)
F13Word in Sch. 1 Table substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 22, Sch. 1 para. 8; S.I. 1992/1286, art. 2, Sch.
F14Entries in Sch. 1 Table inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 22, Sch. 1 para. 9; S.I. 1992/1286, art. 2, Sch.
F15Words in Sch. 1 Table substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 22, Sch. 1 para. 10; S.I. 1992/1286, art. 2, Sch.
F16Word in Sch. 1 Table repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 22, 83, Sch. 1 para. 11, Sch. 8; S.I. 1992/1286, art. 2, Sch., Appendix
F17Words in Sch. 1 Table substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 22, Sch. 1 para. 12; S.I. 1992/1286, art. 2, Sch.
F18Entry in Sch. 1 Table inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 22, Sch. 1 para. 13; S.I. 1992/1286, art. 2, Sch.
F19Words in Sch. 1 Table substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 22, Sch. 1 para. 14; S.I. 1992/1286, art. 2, Sch.
F20Words in entry inserted (1.1.1997) by S.I. 1996/1974, reg. 3, Sch. 2 para. 7(a)
F21Entries in Sch. 1 Table inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 22, Sch. 1 para. 15; S.I. 1992/1286, art. 2, Sch.
F22Words in entry inserted (1.1.1997) by S.I. 1996/1974, reg. 3, Sch. 1 para. 7(b)
F23Words in entry substituted (1.1.1997) by S.I. 1996/1974, reg. 3, Sch. 1 para. 7(c)
F24Entries in Sch. 1 Table repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch., Appendix
F25Words 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))
F26Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 26(a)
F27Entry in table inserted (1.1.1997) by S.I. 1996/1974, reg. 3, Sch. 1 para. 7(d)
F28Entry 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)
F29Words in entry substituted (1.1.1997) by S.I. 1996/1974, reg. 3, Sch. 1 para. 7(e)
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 inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 26(b)
F32Word in Sch. 1 Table substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 22, Sch. 1 para. 16; S.I. 1992/1286, art. 2, Sch.
F33Word in Sch. 1 Table substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 22, Sch. 1 para. 17; S.I. 1992/1286, art. 2, Sch.
F34Words 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
X2Part IE+W+S Offences under the Traffic Acts
Editorial Information
X2Sch. 2 Pt. I: due to the large number of entries contained in Sch. 2 Pt. I and the frequency with which it has been amended, no separate versions are retained in respect of amendments coming into force after 27.06.1991 until 29.1.2004 or which are not yet in force. Historic information relating to all such amendments is reflected in the relevant retained versions.
| (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. | [F35Discretionary if committed in respect of a speed restriction .] | [F35Obligatory if committed in respect of a speed restriction.] | [F353-6 or 3 (fixed penalty)] |
| [F36RTRA section 16(C)(1).] | [F36Contravention of prohibition or restriction relating to relevant event. ] | [F36Summarily. ] | [F36Level 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. | [F373-6 or 3 (fixed penalty) if committed in respect of a speed restriction, 3 in any other case.] |
| 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 |
| [F38RTRA section 30(5)] | [F38As above (Greater London).] | [F38Summarily.] | [F38Level 3 on the standard scale.] | [F38Discretionary if committed in respect of a motor vehicle.] | [F38Obligatory if committed in respect of a motor vehicle.] | [F382] |
| RTRA section [F3935A(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 [F4035A(2)] | [F41Misuse of apparatus for collecting charges or of parking device or connected apparatus] | Summarily. | Level 3 on the standard scale. | |||
| RTRA section [F4235A(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. | [F433-6 or 3 (fixed penalty)] |
| 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
F35 Words in Sch. 2 Pt. I inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 2; S.I. 1992/1286, art. 2, Sch.
F36 Entry in Sch. 2 Pt. I inserted (3.5.1994) by 1994 c. 11, s. 1(2).
F37 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 3; S.I. 1992/1286, art. 2, Sch.
F38 Entry in Sch. 2 Pt. I repealed (1.11.1991 for E.W. and 1.1.1993 for S.) by New Roads and Street Works Act 1991 (c. 22, SIF 59), ss. 168(2), 170, Sch. 9 (with s. 25(2) ); S.I. 1991/2288, art. 2(2), Sch.; S.I. 1992/2990, art. 2(2), Sch.
F39 “35A(1)" substituted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 11(a)
F40 “35A(2)" substituted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 11(b)(i)
F41 Words substituted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 11(b)(ii)
F42 “35A(5)" substituted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 11(c)
F43 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 4; S.I. 1992/1286, art. 2, Sch.
| Offences under the Road Traffic Act 1988 | ||||||
| RTA section 1 | Causing death by [F44dangerous] driving. | On indictment. | [F4510years. ] | Obligatory. | Obligatory. | [F463-11] |
| RTA section 2 | [F47 Dangerous] driving. | (a) Summarily. | (a) 6 months or the statutory maximum or both. | (i) [F48Obligatory] | Obligatory. | (i) [F493-11] |
| (ii) [F48Obligatory] | (ii) [F493-11] | |||||
| (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 |
| [F50RTA section 3A] | [F50Causing death by careless driving when under influence of drink or drugs.] | [F50On indictment.] | [F50[F4510 years or a fine or both.]] | [F50Obligatory.] | [F50Obligatory.] | [F503-11.] |
| 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. | [F513-11] |
| RTA section 4(2) | Being in charge of a [F52mechanically propelled 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. | [F533-11] |
| 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) [F543-11 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. | ||||
| [F55RTA section 7A | Failing to allow specimen to be subjected to laboratory test | Summarily | (a) Where the test would be for ascertaining 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. (b) In any other case, 3 months or level 4 on the standard scale or both | (a) Obligatory in the case mentioned in column 4(a) (b) Discretionary in any other case | Obligatory | 3-11, in case ment-ioned in column 4(a) 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. | [F563-11] |
| 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. | |||
| [F57RTA section 15A(3) or (4)] | [F57Selling etc. in certain circumstances equipment as conducive to the safety of children in motor vehicles.] | [F57Summarily .] | [F57Level 3 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. | |||
| [F58RTA section 19A] | [F58Prohibition of parking of vehicles other than heavy commercial vehicles on verges, etc.] | [F58Summarily] | [F58Level 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 |
| [F59RTA section 22A] | [F59Causing danger to road-users.] | [F59(a) Summarily.] | [F59(a) 6 months or the statutory maximum or both.] | _ | _ | _ |
| [F59(b) On indictment.] | [F59(b) 7 years or a fine or both.] | |||||
| RTA section 23 | Carrying passenger on motor-cycle contrary to section 23. | Summarily. | Level 3 on the standard scale. | Discretionary. | Obligatory. | [F603] |
| 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 | [F61 dangerous] cycling. | Summarily. | [F62Level 4] on the standard scale. | |||
| RTA section 29 | Careless, and inconsiderate, cycling. | Summarily. | [F63Level 3] 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 [F64mechanically propelled] 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. | |||
| [F65RTA section 40A] | [F65Using vehicle in dangerous condition etc.] | [F65Summarily.] | [F65(a) Level 5 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers.] | [F65Discretionary.] | [F65Obligatory.] | [F653] |
| [F65(b) Level 4 on the standard scale in any other case.] | ||||||
| [F65RTA section 41A] | [F65Breach of requirement as to brakes, steering-gear or tyres.] | [F65Summarily.] | [F65 (a) Level 5 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers.] | [F65 Discretionary.] | [F65Obligatory.] | [F653] |
| [F65(b) Level 4 on the standard scale in any other case.] | ||||||
| [F65RTA section 41B] | [F65Breach of requirement as to weight: goods and passenger vehicles.] | [F65Summarily.] | [F65Level 5 on the standard scale .] | _ | _ | _ |
| [F65RTA section 42] | [F65Breach of other construction and use requirements.] | [F65Summarily.] | [F65(a) Level 4 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers.] | _ | _ | |
| [F65Level 3 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. | |||
| [F66RTA section 64A] | Failure to hold EC certificate of conformity for unregistered light passenger vehicle [F67or motor cycle]. | 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. | |||
| [F68RTA section 65A] | Light passenger vehicles [F69and motor cycles] not to be sold without EC certificate of conformity. | 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. | |||
| [F70RTA section 67A(including application by section 67B(4)).] | [F70Failure 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.] | [F70Summarily.] | [F70Level 3 on the standard scale.] | |||
| [F70RTA section 67B] | [F70Obstructing 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.] | [F70Summarily.] | [F70Level 3 on the standard scale.] | |||
| RTA section 68 | Obstructing inspection, etc., of [F71goods] vehicle by examiner or failing to comply with requirement to take [F71goods] vehicle for inspection. | Summarily. | Level 3 on the standard scale. | |||
| RTA section 71 | Driving, etc., [F71goods] 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 [F71goods] 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. | |||
| [F72RTA section 87(1)] | [F72Driving otherwise than in accordance with a licence.] | [F72Summarily.] | [F72Level 3 on the standard scale.] | [F72Discretionary in a case where the offender’s driving would not have been in accordance with any licence that could have been granted to him.] | [F72Obligatory in the case mentioned in column 5.] | [F723-6] |
| RTA section 87(2) | Causing or permitting a person to drive [F73otherwise than in accordance with] a licence. | Summarily. | Level 3 on the standard scale. | |||
| [F74RTA section 92(7C)] | [F74Failure to deliver licence revoked by virtue of section 92(7A) [F75and counterpart] to Secretary of State.] | [F74Summarily.] | [F74Level 3 on the standard scale.] | |||
| [F76RTA section 92(10)] | [F76Driving after making false declaration as to physical fitness.] | [F76Summarily.] | [F76Level 4 on the standard scale.] | [F76Discretionary.] | [F76Obligatory.] | [F763-6] |
| [F74RTA section 93(3)] | [F74Failure to deliver revoked licence [F77and counterpart] to Secretary of State.] | [F74Summarily.] | [F74Level 3 on the standard scale.] | |||
| RTA [F78Section 94(3)] | Failure to notify Secretary of State of onset of, or deterioration in, relevant or prospective disability [F79and that subsection as applied by RTA section 99D .] | Summarily. | Level 3 on the standard scale. | |||
| [F80RTA section 94(3A)] | [F80Driving after such a failure][F79and that subsection as applied by RTA section 99D(b) ] | [F80Summarily.] | [F80Level 3 on the standard scale.] | [F80Discretionary.] | [F80Obligatory.] | [F803-6] |
| [F80RTA section 94A] | [F80Driving after refusal of licence under section 92(3) ][F81, revocation under section 93 or service of a notice under section 99C ] | [F80Summarily.] | [F806 months or level 5 on the standard scale or both.] | [F80Discretionary.] | [F80Obligatory.] | [F803-6] |
| 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. | [F823] |
| [F83RTA section 97] | [F83Failing to comply with any conditions prescribed for driving under provisional licence.] | [F83Summarily.] | [F83Level 3 on the standard scale.] | [F83Discretionary.] | [F83Obligatory.] | [F83 2] |
| [F83RTA section 98] | [F83Failing to comply with any conditions prescribed for driving under provisional licence where conditions applicable to driving under full licence.] | [F83Summarily.] | [F83Level 3 on the standard scale.] | [F83Discretionary.] | [F83Obligatory.] | [F832] |
| RTA section 99 [F84(5)] | Driving licence holder failing [F85to surrender licence and counterpart]. | Summarily. | Level 3 on the standard scale. | |||
| [F79RTA section 99B(11) ] | [F79Driving after failure to comply with a requirement under section 99B(6), (7) or (10). ] | [F79Summarily. ] | [F79Level 3 on the standard scale. ] | ' | ' | ' |
| [F79RTA section 99(C)(4) ] | [F79Failure to deliver Community licence to Secretary of State when required by notice under section 99C. ] | [F79Summarily. ] | [F79Level 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. | [F866] |
| (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 [F87and counterpart]. | Summarily. | Level 3 on the standard scale. | |||
| [F88RTA section 114] | [F88Failing to comply with conditions of LGV][F81PCV licence or LGV Community licence [F89and counterpart], or causing or permitting person under 21 to drive LGV or PCV in contravention of such conditions.] | [F88Summarily.] | [F88Level 3 on the standard scale.] | |||
| [F79RTA section 115A(4), ] | [F79Failure to deliver LGV or PCV Community licence when required by notice under section 115A. ] | [F79Summarily. ] | [F79Level 3 on the standard scale. ] | |||
| [F88RTA section 118] | [F88Failing to surrender revoked or suspended LGV or PCV licence [F89and counterpart].] | [F88Summarily.] | [F88Level 3 on the standard scale.] | |||
| F90F90F90F90F90F90F90F90Regulations made by virtue of RTA [F91section 120(5)] | Contravention of provision of regulations (which is declared by regulations to be an offence) about [F92LGV or PCV]drivers’ licences [F79or LGV or PCV Community licence .] | 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. | |||
| [F93RTA section 125A(4) ] | [F93Failure, on application for registration as disabled driving instructor, to notify Registrar of onset of, or deterioration in, relevant or prospective disability. ] | [F93Summarily.] | [F93Level 3 on the standard scale. ] | |||
| [F93RTA section 133C(4)] | [F93Failure by registered or licensed disabled driving instructor to notify Registrar of onset of, or deterioration in, relevant or prospective disability. ] | [F93Summarily. ] | [F93Level 3 on the standard scale. ] | |||
| [F93RTA section 133D ] | [F93Giving of paid driving instruction by disabled persons or their employees without emergency control certificate or in unauthorised motor car.] | [F93Summarily.] | [F93Level 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. | [F94Level 5]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 [F95and counterpart][F96etc] 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 [F97constable] 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. | [F98Six months or level 5 on the standard scale or both] | Discretionary. | Obligatory. | [F995-10] |
| 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. | [F100 Discretionary, if committed otherwise than by virtue of subsection (5) or (11).] | [F100Obligatory, if committed otherwise than by virtue of subsection (5) or (11).] | [F1003] |
| RTA section 173 | Forgery, etc., of licences, [F79counterparts of Community 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 [F101175][F101 175(1)] | Issuing false documents. | Summarily. | Level 4 on the standard scale. | |||
| [F102RTA section 175(2)] | [F103Falsely amending certificate of conformity.] | [F103Summarily.] | [F104Level 4 on the standard scale] | [F105 . . .] | ||
| 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. | [F106Obligatory.] | [F1068] |
| (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 [F107equipment, protective helmet, appliance or information in defending proceedings under RTA section 15A,] 17 or 18(4) where no warranty given, or applying false warranty. | Summarily. | Level 3 on the standard scale. | |||
Textual Amendments
F44 Word in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 5(a); S.I. 1992/1286, art. 2, Sch.
F45 Words in Sch. 2 Pt. I substituted (16.8.1993) by 1993 c. 36, s. 67(1); (E.W.) S.I. 1993/1968, art. 2(1) Sch. 1 and (S.) 1993/2035, art. 2(1) (by art. 2(2) of that S.I. it is provided that the substituting enactment shall not apply in relation to any offence committed before 16.8.1993).
F46 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26 , Sch. 2 para. 5(b); S.I. 1992/1286, art. 2, Sch.
F47 Word in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 6(a); S.I. 1992/1286, art. 2, Sch.
F48 Word in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 6(b); S.I. 1992/1286, art. 2, Sch.
F49 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 6(c); S.I. 1992/1286, art. 2, Sch.
F50 Entry in Sch. 2 Pt. I inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 7; S.I. 1992/1286, art. 2, Sch.
F51 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para.8; S.I. 1992/1286, art. 2, Sch.
F52 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 9; S.I. 1992/1286, art. 2, Sch.
F53 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 10; S.I. 1992/1286, art. 2, Sch.
F54 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 11; S.I. 1992/1286, art. 2, Sch.
F55 Sch 2 Pt. I: words in entry inserted (1.10.2002) by 2002 c. 30, s. 56(5); S.I. 2002/2306, art. 2(d)(v)
F56 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 12; S.I. 1992/1286, art. 2, Sch.
F57 Entry in Sch. 2 Pt. I inserted by Motor Vehicles (Safety Equipment for Children) Act 1991 (c. 14, SIF 107:1), s. 3(2) .
F58 Entry 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), which Pt. II para. 22 is repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 49, 83, Sch. 8; S.I. 1992/1286, art. 2, Sch.
F59 Entry in Sch. 2 Pt. I inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 13; S.I. 1992/1286, art. 2, Sch.
F60 Word in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 14; S.I. 1992/1286, art. 2, Sch.
F61 Word in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 15(a); S.I. 1992/1286, art. 2, Sch.
F62 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 15(b); S.I. 1992/1286, art. 2, Sch.
F63 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 16; S.I. 1992/1286, art. 2, Sch.
F64 Words in Sch. 2 Pt. I substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 67, 103(2), Sch. 7 para. 8
F65 Entries in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 17; S.I. 1992/1286, art. 2, Sch.
F66 Entry in Sch. 2 Pt. I inserted (1.1.1996) by S.I. 1992/3107, reg. 16, Sch. 2 para. 7
F67 Sch. 2 Pt. I: words in entry inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 5(2)
F68 Entry in Sch. 2 Pt. I inserted (1.1.1996) by S.I. 1992/3107, reg. 16, Sch. 2 para. 7
F69 Sch. 2 Pt. I: words in entry inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 5(3)
F70 Entry 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, which Pt. III para. 30 is repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 49, 83, Sch. 8; S.I. 1992/1286, art. 2, Sch.
F71 Words in Sch. 2 Pt. I repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, 83, Sch. 2 para. 18, Sch. 8; S.I. 1992/1286, art. 2, Sch. Appendix.
F72 Entry in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 19; S.I. 1992/1286, art. 2, Sch.
F73 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 20; S.I. 1992/1286, art. 2, Sch.
F74 Entry inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 28(a)
F75 Words inserted by virtue of S.I. 1990/144, regs. 2(3), 3, Sch. 3 para. 3(5)(a)(i)
F76 Entry in Sch. 2 Pt. I inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 21; S.I. 1992/1286, art. 2, Sch.
F77 Words inserted by virtue of S.I. 1990/144, regs. 2(3), 3, Sch. 3 para. 3(5)(a)(ii)
F78 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 22; S.I. 1992/1286, art. 2, Sch.
F79 Words and entries in Sch. 2 Pt. I inserted (1.1.1997) by S.I. 1996/1974, reg. 3, Sch. 2 para. 8(a)(b)(d)(f)-(h)
F80 Entries in Sch. 2 Pt. I inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 23; S.I. 1992/1286, art. 2, Sch.
F81 Words in Sch. 2 Pt. I substituted (1.1.1997) by S.I. 1996/1974, reg. 3, Sch. 2 para. 8(c)(e)
F82 Word in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 24; S.I. 1992/1286, art. 2, Sch.
F83 Entries in Sch. 2 Pt. I repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch. Appendix.
F84 “(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)
F85 Words in Sch. 2 Pt. I substituted (1.7.1998) by S.I. 1998/1420, reg. 16(3)
F86 Word in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 25; S.I. 1992/1286, art. 2, Sch.
F87 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 27(b)
F88 Entries 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)
F89 Words inserted by virtue of S.I. 1990/144, regs. 2(3), 3, Sch. 3 para. 3(5)(c)
F90 Entries repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 16, Sch. 6
F91 Words “section 120(5)" substituted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 28(d)(i)
F92 Words “LGV or PCV" substituted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 28(d)(ii)
F93 Entries in Sch. 2 Pt. I inserted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 11; S.I. 1996/1980, art. 2.
F94 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 26; S.I. 1992/1286, art. 2, Sch.
F95 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 27(c)
F96 Word in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 27; S.I. 1992/1286, art. 2, Sch.
F97 Word in Sch. 2 Pt. I repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, 83, Sch. 2 para. 28, Sch. 8; S.I. 1992/1286, art. 2, Sch. Appendix.
F98 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 29(a); S.I. 1992/1286, art. 2, Sch.
F99 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 29(b); S.I. 1992/1286, art. 2, Sch.
F100 Words in Sch. 2 Pt. I inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 30; S.I. 1992/1286, art. 2(2), Sch.
F101 "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 Act (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 Pt. I para. 13(c)(i)(iii)
F102 Words 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).
F103 Entry 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 Act (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 Pt. I para. 13(c)(i)(iii))
F104 Words 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
F105 Words 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
F106 Entries in Sch. 2 Pt. I repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, 83, Sch. 2 para. 31, Sch. 8; S.I. 1992/1286, art. 2, Sch. Appendix.
F107 Words in Sch. 2 Pt. I substituted by Motor Vehicles (Safety Equipment for Children) Act 1991 (c. 14, SIF 107:1), s. 3(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 [F108and counterpart] to court making order for interim disqualification [F109on committal for sentence etc.] | Summarily. | Level 3 on the standard scale. |
| Section 27 of this Act. | Failing to produce licence [F110and 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. |
| [F111 . . .] | |||
| 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
F108 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 27(d)
F109 Words in Sch. 2 Pt. I repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch. Appendix.
F110 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 27(e)
[F112Offences under the Road Traffic (Driver Licensing and Information Systems) Act 1989]
| [F112RTA 1989 s. 1(5)] | [F112Failure 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.] | [F112Summarily.] | [F112Level 3 on the standard scale] | |||
| [F112RTA 1989, Schedule 1, para. 3] | [F112Failing 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.] | [F112Summarily.] | [F112Level 3 on the standard scale.] | |||
| [F112RTA 1989, Schedule 1, para. 8(2)] | [F112Contravention of provision of regulations (which is declared by regulations to be an offence) about existing HGV or PSV driver’s licences.] | [F112Summarily.] | [F112Level 3 on the standard scale.] | |||
| [F112RTA 1989, Schedule 1, para. 10(4)] | [F112Taking PSV test before applying for licence or within prescribed period afterwards.] | [F112Summarily.] | [F112Level 3 on the standard scale.] | |||
| [F112RTA 1989, Schedule 1, para. 10(5)] | [F112Taking PSV test after refusal of licence.] | [F112Summarily.] | [F112Level 3 on the standard scale.] |
Textual Amendments
F112 Entry 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. | [F1133-11] |
| [F114An offence under section 12A of the Theft Act 1968 (aggravated vehicle-taking) | Obligatory. | Obligatory. | 3- 11] |
| Stealing or attempting to steal a motor vehicle. | Discretionary. | F115. . . | F115. . . |
| 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. | F115. . . | F115. . . |
| 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 | F115. . . | F115. . . |
Textual Amendments
F113Words in Sch. 2 Pt. II substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch 2 para. 32(2); S.I. 1992/1286, art. 2,Sch.
F114Entry in Sch. 2 Pt. II inserted (1.4.1992) by Aggravated Vehicle-Taking Act 1992 (c. 11), s. 3(1); S.I. 1992/764, art 2
F115Entries in Sch. 2 Pt. II repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, 83, Sch. 2 para. 32(3), Sch.8; S.I. 1992/1286, art. 2,Sch.
Section 51.
SCHEDULE 3E+W+S Fixed Penalty Offences
Textual Amendments
F116Entries repealed (1.9.1994) by 1994 c. 22, s. 65, Sch. 5 Pt. I (with s. 57(4))
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 [F117other 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 F118 . . .. |
| F119. . . | F119. . . |
| RTRA section [F12035A(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
F117Words added (E.W.) by S.I. 1990/335, art. 3 and (S.) by S.I. 1990/466, art. 3
F118Words in Sch. 3 repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59), s. 168(2), Sch. 9(with s. 25(2)); S.I. 1991/2286, art. 2(2), Sch. 2 (for Scotland); S.I. 1991/2288, art. 3, Sch. (for E.W.)
F119Entry in Sch. 3 repealed (1.11.1991 for E.W. and 1.1.1993 for S.) by New Roads and Street Works Act 1991 (c. 22, SIF 59), s. 168(2), Sch. 9 (with s. 25(2)); S.I. 1991/2288, art. 3, Sch.; S.I. 1992/2990, art. 2(2), Sch. 2
F120 “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. |
| [F121RTA section 15(4) | Breach of restriction on carrying children in the rear 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. |
| 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. |
| [F122RTA section 40A] | [F122Using vehicle in dangerous condition etc.] |
| [F122RTA section 41A] | [F122Breach of requirement as to brakes, steering-gear or tyres.] |
| [F122RTA section 41B] | [F122Breach of requirement as to weight: goods and passenger vehicles.] |
| RTA section 42 | [F123Breach of other construction and use requirements] |
| RTA section 87(1) | Driving vehicle [F124otherwise than in accordance with] requisite licence. |
| F125. . . | F125. . . |
| RTA section 163 | Failure to stop vehicle on being so required by constable in uniform. |
Textual Amendments
F121Entry in Sch. 3 inserted (1.4.1992) by S.I. 1992/345, art. 2
F122Entries in Sch. 3 inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 112(2); S.I. 1992/1286, art. 2, Sch.
F123Words in Sch. 3 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 112(3); S.I. 1992/1286, art. 2, Sch.
F124Words in Sch. 3 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 112(4); S.I. 1992/1286, art. 2, Sch.
F125Entry in Sch. 3 repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch. Appendix
F126[Offences under the Vehicle Excise and Registration Act 1994 (c. 22)
| Section 33 of the Vehicle Excise and Registration Act 1994. | Using or keeping a vehicle on a public road without licence being exhibited in manner prescribed by regulations. |
| Section 42 of that Act. | Driving or keeping a vehicle without required registration mark. |
| Section 43 of that Act. | Driving or keeping a vehicle with registration mark obscured etc.] |
Textual Amendments
F126Entry inserted (1.9.1994) by 1994 c. 22, s. 63, Sch. 3 para. 25(2) (with s. 57(4))
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
Textual Amendments
F127 Entry in Sch. 5 repealed (3.5.1994) by 1994 c. 9, s. 258, Sch. 26 Pt. I
| 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 [F128otherwise than in accordance with] 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 [F129when his licence is revoked, to surrender it and its counterpart or], when his particulars become incorrect, to surrender licence [F130and counterpart] and give particulars. |
| [F131RTA section 110] | [F131Driving HGV without HGV driver’s licence or causing or permitting person to drive HGV without HGV driver’s licence.] |
| RTA [F132section 112][F132section 114] | Failure to comply with conditions of [F133HGV][F133LGV or PCV] driver’s licence or employing person under 21 to drive [F133HGV][F133LGV or PCV] in contravention of conditions of his licence. |
| Regulations under RTA [F134section 117][F134section 120(5)] | Contravention of provisions of regulations about [F135HGV][F135LGV 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
F128 Words in Sch. 5 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 113; S.I. 1992/1286, art. 2, Sch.
F129 Words 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) )
F130 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 28
F131 Entry repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 16, Sch. 6
F132 Words “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)
F133 Words “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)
F134 Words “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)
F135 Words “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. |
| [F136Offences under the Road Traffic (Driver Licensing and Information Systems) Act 1989] ] | |
|---|---|
| [F136RTA 1989 s. 1(5).] | [F136Failure of holder of existing HGV or PSV licence to surrender it upon revocation or surrender of his existing licence under Part III of RTA.] |
| [F136RTA 1989, Schedule 1, para. 3.] | [F136Failure 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.] |
| [F136RTA 1989, Schedule 1, para. 8(2).] | [F136Contravention of provisions of regulations about existing HGV and PSV drivers’ licences which is declared by the regulations to be an offence.] |
| [F136RTA 1989, Schedule 1, para. 10(4).] | [F136Taking PSV test before applying for licence or within prescribed period afterwards.] |
| [F136RTA 1989, Schedule 1, para. 10(5).] | [F136Taking PSV test after refusal of licence.] |
Textual Amendments
F136Entry 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)