Road Traffic Offenders Act 1988

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

F1 [1A E+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.

2E+W+SSection 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. . .

(c)F4... [F5and

(d)to an offence under paragraph 3(5) of Schedule 1 to the Road Traffic (New Drivers) Act 1995.]

Textual Amendments

F3 Word in Sch. 1 para. 2(b) repealed (1.6.1997) by 1995 c. 13, s. 10(4), Sch. 2 para. 7 (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

F4 Sch. 1 para. 2(c) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14

F5 Word in Sch. 1 para. 2(c) and Sch. 1 para. 2(d) inserted (1.6.1997) by 1995 c. 13, s. 10(4), Sch. 2 para. 7 (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

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, [F6and]

F7(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any offence against any other enactment relating to the use of vehicles on roads.

Textual Amendments

F7 Sch. 1 para. 3(bb) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14

Marginal Citations

4E+W+SSection 12(1) also applies to—

(a)any offence which is punishable under section 91 of this Act, [F8and]

F9(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 1Causing death by [F10dangerous] driving.Section 11 of this Act.
RTA section 2[F10Dangerous] driving.Sections 1, 11 and 12(1) of this Act.
RTA section 3Careless, and inconsiderate, driving.Sections 1, 11 and 12(1) of this Act.
[F11RTA section 3A ][F11Causing death by careless driving when under influence of drink or drugs.][F11Section 11 of this Act.]
RTA section 4Driving or attempting to drive, or being in charge of a [F12mechanically propelled vehicle], when unfit to drive through drink or drugs.Sections 11 and 12(1) of this Act.
RTA section 5Driving 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[F13Failing to co-operate with a preliminary test]Sections 11 and 12(1) of this Act.
RTA section 7Failing to provide specimen for analysis or laboratory test.Sections 11 and 12(1) of this Act.
[F14RTA section 7A Failing to allow specimen of blood to be subjected to laboratory test Sections 11 and 12(1).]
RTA section 12Motor racing and speed trials.Sections 11 and 12(1) of this Act.
RTA section 14Driving 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 15Driving motor vehicle with child not wearing seat belt.Sections 11 and 12(1) of this Act.
RTA section 19Prohibition of parking of heavy commercial vehicles on verges and footways.Sections 11 and 12(1) of this Act.
[F15RTA section 19A ] [F15 Prohibition of parking of vehicles other than heavy commercial vehicles on verges, etc.][F15Sections 11 and 12 of this Act.]
RTA section 22Leaving vehicles in dangerous positions.Sections 1, 11 and 12(1) of this Act.
RTA section 23Carrying passenger on motor-cycle contrary to section 23.Sections 11 and 12(1) of this Act.
RTA section 24Carrying passenger on bicycle contrary to section 24.Sections 11 and 12(1) of this Act.
RTA section 25Tampering 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[F16Dangerous] cycling.Sections 1, 11 and 12(1) of this Act.
RTA section 29Careless, and inconsiderate, cycling.Sections 1, 11 and 12(1) of this Act.
RTA section 30Cycling when unfit through drink or drugs.Sections 11 and 12(1) of this Act.
RTA section 31Unauthorised or irregular cycle racing, or trials of speed.Sections 11 and 12(1) of this Act.
RTA section 33Unauthorised motor vehicle trial on footpaths or bridleways.Sections 11 and 12(1) of this Act.
RTA section 34Driving motor vehicles elsewhere than on roads.Sections 11 and 12(1) of this Act.
RTA section 35Failing to comply with traffic directions.Sections 1, 11 and 12(1) of this Act.
RTA section 36Failing to comply with traffic signs.Sections 1, 11 and 12(1) of this Act.
[F17RTA section 40A ] [F17 Using vehicle in dangerous condition etc.][F17Sections 11 and 12(1) of this Act.]
[F17RTA section 41A ][F17Breach of requirement as to brakes, steering-gear or tyres.][F17Sections 11 and 12(1) of this Act.]
[F17RTA section 41B ][F17Breach of requirement as to weight: goods and passenger vehicles.][F17Sections 11 and 12(1) of this Act.]
RTA section 42[F18Breach of other construction and use requirements]Sections 11 and 12(1) of this Act.
RTA section 47Using, etc., vehicle without required test certificate being in force.Sections 11 and 12(1) of this Act.
RTA section 53Using, 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 63Using, 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 71Driving, etc., F19. . .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 F19. . . vehicle found overloaded.Sections 11 and 12(1) of this Act.
RTA section 78Failing 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 [F20otherwise 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 [F20otherwise than in accordance with] a licence.Section 11 of this Act.
[F21RTA section 92(10) ][F21Driving after making false declaration as to physical fitness.][F21Sections 6, 11 and 12(1) of this Act.]
RTA [F22Section 94(3)][F23and that subsection as applied by RTA section 99D] [F24or 109C]Failure to notify the Secretary of State of onset of, or deterioration in, relevant or prospective disability.Section 6 of this Act.
[F25RTA section 94(3A) ] [F26 and that subsection as applied by RTA section 99D(b) ] [F27or 109C(c)][F25Driving after such a failure.][F25Sections 6, 11 and 12(1) of this Act.]
[F25RTA section 94A ][F25Driving after refusal of licence under section 92(3) [F28, revocation under section 93 or service of a notice under section 99C] [F29or 109B].][F25Sections 6, 11 and 12(1) of this Act.]
F30. . .F30. . .F30. . .
F30. . .F30. . .F30. . .
F31. . .F31. . .F31. . .
[F32RTA section 99B(11) [F33and that subsection as applied by RTA section 109A(5)]. Driving after failure to comply with a requirement under section 99B(6), (7) or (10) [F34or a requirement under section 99B(6) or (7) as applied by section 109A(5)].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.
[F35RTA section 114(1) ][F35Failing to comply with conditions of LGV [F36PCV licence or LGV Community licence].][F35Sections 11 and 12(1) of this Act.]
[F35RTA section 114(2) ] [F35 Causing or permitting a person under 21 to drive LGV or PCV in contravention of conditions of that person’s licence. ][F35Section 11 of this Act.]
[F37RTA section 110(1) ] [F37 Driving HGV without HGV driver’s licence. ][F37Sections 11 and 12(1) of this Act.]
[F37RTA section 110(2) ] [F37 Causing or permitting person to drive HGV without HGV driver’s licence. ][F37Section 11 of this Act.]
[F37RTA section 112(6) ] [F37 Failing to comply with conditions of HGV driver’s licence. ][F37Sections 11 and 12(1) of this Act.]
[F37RTA section 112(7) ] [F37 Causing or permitting a person under 21 to drive HGV in contravention of conditions of HGV driver’s licence. ][F37Section 11 of this Act.]
RTA section 143Using 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 163Failing to stop vehicle when required [F38by constable].Sections 11 and 12(1) of this Act.
RTA section 164(6)Failing to produce driving licence [F39and counterpart][F40etc] 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 168Refusing 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 170Failure by driver to stop, report accident or give information or documents.Sections 11 and 12(1) of this Act.
RTA section 171Failure 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 [F41(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 175Issuing false documents [F42falsely amending certificate of conformity].Section 6 of this Act.

Editorial Information

X1 The 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

F9 Sch. 1 para. 4(aa) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14

F10 Words 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.

F12 Words 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.

F14 Entry in table inserted (1.10.2002) by 2002 c. 30, s. 56(4); S.I. 2002/2306, art. 2(d)(v)

F16 Word 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.

F17 Entries 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.

F18 Words 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.

F19 Word 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

F20 Words 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.

F22 Words 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.

F23 Words in entry inserted (1.1.1997) by S.I. 1996/1974, reg. 3, Sch. 2 para. 7(a)

F25 Entries 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.

F26 Words in entry inserted (1.1.1997) by S.I. 1996/1974, reg. 3, Sch. 1 para. 7(b)

F28 Words in entry substituted (1.1.1997) by S.I. 1996/1974 , reg. 3, Sch. 1 para. 7(c)

F30 Entries 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

F31 Sch. 1 entry in Table repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14

F32 Entry in table inserted (1.1.1997) by S.I. 1996/1974, reg. 3, Sch. 1 para. 7(d)

F36 Words in entry substituted (1.1.1997) by S.I. 1996/1974, reg. 3, Sch. 1 para. 7(e)

F38 Words in Sch. 1 repealed (E.W.) (4.10.2004 for E., 26.10.2006 for W.) by Traffic Management Act 2004 (c. 18), s. 99(1), Sch. 12 Pt. 2; S.I. 2004/2380, art. 2(h); S.I. 2006/2826, art. 2(1)(2)(e)

F40 Word 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.

F41 Word 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.

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 5Contravention of traffic regulation order.Summarily.Level 3 on the standard scale.
RTRA section 8Contravention of order regulating traffic in Greater London.Summarily.Level 3 on the standard scale.
RTRA section 11Contravention of experimental traffic order.Summarily.Level 3 on the standard scale.
RTRA section 13Contravention 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.[F43Discretionary if committed in respect of a speed restriction .][F43Obligatory if committed in respect of a speed restriction.][F433-6 or 3 (fixed penalty)]
[F44RTRA section 16(C)(1). ][F44Contravention of prohibition or restriction relating to relevant event. ][F44Summarily. ][F44Level 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.[F453-6 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
[F46RTRA section 30(5) ][F46As above (Greater London).][F46Summarily.][F46Level 3 on the standard scale.][F46Discretionary if committed in respect of a motor vehicle.][F46Obligatory if committed in respect of a motor vehicle.][F462]
RTRA section [F4735A(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 [F4835A(2)][F49Misuse of apparatus for collecting charges or of parking device or connected apparatus]Summarily.Level 3 on the standard scale.
RTRA section [F5035A(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.[F513-6 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.
[F52RTRA section 105(6A)][F52Misuse of recognised badge (immobilisation devices).][F52Summarily.][F52Level 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 [F53117 [F53;117(1)]]Wrongful use of disabled person’s badge.Summarily.Level 3 on the standard scale.
[F54RTRA section 117(1A)][F54Wrongful use of recognised badge.][F54Summarily.][F54Level 3 on the standard scale.]
RTRA section 129 (3)Failure to give evidence at inquiry.Summarily.Level 3 on the standard scale.

Textual Amendments

F44 Entry in Sch. 2 Pt. I inserted (3.5.1994) by 1994 c. 11, s. 1(2).

F45 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.

F46 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.

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. 4; S.I. 1992/1286, art. 2, Sch.

F52Sch. 2 entry inserted (E.W.) (30.6.2005 for E., 30.3.2008 for W.) by Disability Discrimination Act 2005 (c. 13), s. 20(4), Sch. 1 para. 45(2); S.I. 2005/1676, art. 3(b); S.I. 2007/3285, art. 2(b)

F53Word in Sch. 2 substituted (E.W.) (30.6.2005 for E., 30.3.2008 for W.) by Disability Discrimination Act 2005 (c. 13), s. 20(4), Sch. 1 para. 45(3); S.I. 2005/1676, art. 3(b); S.I. 2007/3285, art. 2(b)

F54Sch. 2 entry inserted (E.W.) (30.6.2005 for E., 30.3.2008 for W.) by Disability Discrimination Act 2005 (c. 13), s. 20(4), Sch. 1 para. 45(4); S.I. 2005/1676, art. 3(b); S.I. 2007/3285, art. 2(b)

Offences under the Road Traffic Act 1988
RTA section 1Causing death by [F55dangerous] driving.On indictment.[F5614 years]Obligatory.Obligatory.[F573-11]
RTA section 2[F58 Dangerous] driving.(a) Summarily.(a) 6 months or the statutory maximum or both.(i) [F59Obligatory]Obligatory.(i) [F603-11]
(ii) [F59Obligatory](ii) [F603-11]
(b) On indictment.(b) 2 years or a fine or both.
RTA section 3Careless, and inconsiderate, driving.Summarily.Level 4 on the standard scale.Discretionary.Obligatory.3–9
[F61RTA section 3A ][F61Causing death by careless driving when under influence of drink or drugs.][F61On indictment.] [F61[F62[F6314 years] or a fine or both.]][F61Obligatory.][F61Obligatory.][F613-11.]
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.[F643-11]
RTA section 4(2)Being in charge of a [F65mechanically 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.[F663-11]
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[F67Failing to co-operate with a preliminary test]Summarily.Level 3 on the standard scale.Discretionary.Obligatory.4
RTA section 7Failing 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) [F683-11 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.
[F69RTA section 7A Failing to allow specimen to be subjected to laboratory testSummarily

(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 12Motor racing and speed trials on public ways.Summarily.Level 4 on the standard scale.Obligatory.Obligatory.[F703-11]
RTA section 13Other unauthorised or irregular competitions or trials on public ways.Summarily.Level 3 on the standard scale.
RTA section 14Driving 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.
[F71RTA section 15A(3) or (4)] [F71 Selling etc. in certain circumstances equipment as conducive to the safety of children in motor vehicles. ][F71Summarily .][F71Level 3 on the standard scale.]
RTA section 16Driving or riding motor cycles in contravention of regulations requiring wearing of protective headgear.Summarily.Level 2 on the standard scale.
RTA section 17Selling, 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 19Prohibition of parking of heavy commercial vehicles on verges, etc.Summarily.Level 3 on the standard scale.
[F72RTA section 19A] [F72 Prohibition of parking of vehicles other than heavy commercial vehicles on verges, etc.][F72Summarily][F72Level 3 on the standard scale.]
RTA section 21Driving or parking on cycle track.Summarily.Level 3 on the standard scale.
RTA section 22Leaving 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
[F73RTA section 22A ][F73Causing danger to road-users.][F73(a) Summarily.][F73(a) 6 months or the statutory maximum or both.] _ _ _
[F73(b) On indictment.][F73(b) 7 years or a fine or both.]
RTA section 23Carrying passenger on motor-cycle contrary to section 23.Summarily.Level 3 on the standard scale.Discretionary.Obligatory.[F743]
RTA section 24Carrying passenger on bicycle contrary to section 24.Summarily.Level 1 on the standard scale.
RTA section 25Tampering with motor vehicles.Summarily.Level 3 on the standard scale.
RTA section 26Holding or getting on to vehicle, etc., in order to be towed or carried.Summarily.Level 1 on the standard scale.
RTA section 27Dogs on designated roads without being held on lead.Summarily.Level 1 on the standard scale.
RTA section 28[F75 dangerous] cycling.Summarily.[F76Level 4] on the standard scale.
RTA section 29Careless, and inconsiderate, cycling.Summarily.[F77Level 3] on the standard scale.
RTA section 30Cycling when unfit through drink or drugs.Summarily.Level 3 on the standard scale.
RTA section 31Unauthorised or irregular cycle racing or trials of speed on public ways.Summarily.Level 1 on the standard scale.
RTA section 32Contravening prohibition on persons under 14 driving electrically assisted pedal cycles.Summarily.Level 2 on the standard scale.
RTA section 33Unauthorised motor vehicle trial on footpaths or bridleways.Summarily.Level 3 on the standard scale.
RTA section 34Driving [F78mechanically propelled] vehicles elsewhere than on roads.Summarily.Level 3 on the standard scale.
RTA section 35Failing to comply with traffic directions.SummarilyLevel 3 on the standard scale.Discretionary, if committed in respect of a motor vehicle by failure to comply with a direction of a constable [F79, traffic officer] or traffic warden.Obligatory if committed as described in column 5.3
RTA section 36Failing to comply with traffic signs.SummarilyLevel 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 37Pedestrian failing to stop when directed [F80by constable regulating traffic].Summarily.Level 3 on the standard scale.
[F81RTA section 40A ] [F81 Using vehicle in dangerous condition etc.][F81Summarily.][F81(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.][F81Discretionary.][F81Obligatory.][F813]
[F81(b) Level 4 on the standard scale in any other case.]
[F81RTA section 41A ][F81Breach of requirement as to brakes, steering-gear or tyres.][F81Summarily.][F81 (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.][F81 Discretionary.][F81Obligatory.][F813]
[F81(b) Level 4 on the standard scale in any other case.]
[F81RTA section 41B ][F81Breach of requirement as to weight: goods and passenger vehicles.][F81Summarily.][F81Level 5 on the standard scale .] _ _ _
[F81RTA section 42 ][F81Breach of other construction and use requirements.][F81Summarily.][F81(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.] _ _
[F81Level 3 on the standard scale in any other case.] _ _
RTA section 47Using, 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 64Using goods vehicle with unauthorised weights as well as authorised weights marked on it.Summarily.Level 3 on the standard scale.
[F82RTA section 64A ]Failure to hold EC certificate of conformity for unregistered light passenger vehicle [F83or motor cycle].Summarily.Level 3 on the standard scale.
RTA section 65Supplying 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.
[F84RTA section 65A ] Light passenger vehicles [F85and motor cycles] not to be sold without EC certificate of conformity. Summarily. Level 5 on the standard scale.
RTA section 67Obstructing 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.
[F86RTA section 67A(including application by section 67B(4)). ][F86Failure 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.][F86Summarily.][F86Level 3 on the standard scale.]
[F86RTA section 67B ] [F86 Obstructing 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. ][F86Summarily.][F86Level 3 on the standard scale.]
RTA section 68Obstructing inspection, etc., of [F87goods] vehicle by examiner or failing to comply with requirement to take [F87goods] vehicle for inspection.Summarily.Level 3 on the standard scale.
RTA section 71Driving, etc., [F87goods] 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 [F87goods] vehicle found overloaded.Summarily.Level 5 on the standard scale.
RTA section 74Contravention 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 75Selling, 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 77Obstructing examiner testing condition of used vehicles at sale rooms, etc.Summarily.Level 3 on the standard scale.
RTA section 78Failing to comply with requirement about weighing motor vehicle or obstructing authorised person.Summarily.Level 5 on the standard scale.
RTA section 81Selling, etc., pedal cycle in contravention of regulations as to brakes, bells, etc.Summarily.Level 3 on the standard scale.
RTA section 83Selling, etc., wrongly made tail lamps or reflectors.Summarily.Level 5 on the standard scale.
[F88RTA section 87(1) ][F88Driving otherwise than in accordance with a licence.][F88Summarily.][F88Level 3 on the standard scale.][F88Discretionary in a case where the offender’s driving would not have been in accordance with any licence that could have been granted to him.][F88Obligatory in the case mentioned in column 5.][F883-6]
RTA section 87(2)Causing or permitting a person to drive [F89otherwise than in accordance with] a licence.Summarily.Level 3 on the standard scale.
[F90RTA section 92(7C) ][F90Failure to deliver licence revoked by virtue of section 92(7A) [F91and counterpart] to Secretary of State.][F90Summarily.][F90Level 3 on the standard scale.]
[F92RTA section 92(10) ][F92Driving after making false declaration as to physical fitness.][F92Summarily.][F92Level 4 on the standard scale.][F92Discretionary.][F92Obligatory.][F923-6]
[F90RTA section 93(3) ][F90Failure to deliver revoked licence [F93and counterpart] to Secretary of State.][F90Summarily.][F90Level 3 on the standard scale.]
RTA [F94Section 94(3)]Failure to notify Secretary of State of onset of, or deterioration in, relevant or prospective disability [F95and that subsection as applied by RTA section 99D] [F96or 109C].Summarily.Level 3 on the standard scale.
[F97RTA section 94(3A) ] [F97 Driving after such a failure ] [F95 and that subsection as applied by RTA section 99D(b)] [F98or 109C(c)][F97Summarily.][F97Level 3 on the standard scale.][F97Discretionary.][F97Obligatory.][F973-6]
[F97RTA section 94A ][F97Driving after refusal of licence under section 92(3) ][F99, revocation under section 93 or service of a notice under section 99C ] [F100or 109B][F97Summarily.][F976 months or level 5 on the standard scale or both.][F97Discretionary.][F97Obligatory.][F973-6]
RTA section 96Driving with uncorrected defective eyesight, or refusing to submit to test of eyesight.Summarily.Level 3 on the standard scale.Discretionary.Obligatory.[F1013]
[F102RTA section 97 ][F102Failing to comply with any conditions prescribed for driving under provisional licence.][F102Summarily.][F102Level 3 on the standard scale.][F102Discretionary.][F102Obligatory.][F102 2]
[F102RTA section 98 ][F102Failing to comply with any conditions prescribed for driving under provisional licence where conditions applicable to driving under full licence.][F102Summarily.][F102Level 3 on the standard scale.][F102Discretionary.][F102Obligatory.][F1022]
RTA section 99 [F103(5)]Driving licence holder failing [F104to surrender licence and counterpart].Summarily.Level 3 on the standard scale.
[F95RTA section 99B(11) ] [F105and that subsection as applied by RTA section 109A(5)][F95Driving after failure to comply with a requirement under section 99B(6), (7) or (10)] [F106or a requirement under section 99B(6) or (7) as applied by section 109A(5)].[F95Summarily. ][F95Level 3 on the standard scale. ]'''
[F95RTA section 99(C)(4) ][F95Failure to deliver Community licence to Secretary of State when required by notice under section 99C. ][F95Summarily. ][F95Level 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.[F1076]
(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.
F108. . .F108. . .F108. . .F108. . .
[F109RTA section 109B(4) ][F109Failure to deliver Northern Ireland licence to Secretary of State when required by notice under section 109B.][F109Summarily.][F109Level 3 on the standard scale.]
[F110RTA section 114 ] [F110 Failing to comply with conditions of LGV] [F99 PCV licence or LGV Community licence [F111 and counterpart ] , or causing or permitting person under 21 to drive LGV or PCV in contravention of such conditions. ][F110Summarily.][F110Level 3 on the standard scale.]
[F95RTA section 115A(4), ] [F95 Failure to deliver LGV or PCV Community licence when required by notice under section 115A. ][F95Summarily. ][F95Level 3 on the standard scale. ]
[F110RTA section 118 ] [F110 Failing to surrender revoked or suspended LGV or PCV licence [F111and counterpart].][F110Summarily.][F110Level 3 on the standard scale.]
F112F112F112F112F112F112F112F112Regulations made by virtue of RTA [F113section 120(5)]Contravention of provision of regulations (which is declared by regulations to be an offence) about [F114LGV or PCV]drivers’ licences [F95or 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.
[F115RTA section 125A(4) ][F115Failure, on application for registration as disabled driving instructor, to notify Registrar of onset of, or deterioration in, relevant or prospective disability. ][F115Summarily.][F115Level 3 on the standard scale. ]
[F115RTA section 133C(4) ][F115Failure by registered or licensed disabled driving instructor to notify Registrar of onset of, or deterioration in, relevant or prospective disability. ][F115Summarily. ][F115Level 3 on the standard scale. ]
[F115RTA section 133D ][F115Giving of paid driving instruction by disabled persons or their employees without emergency control certificate or in unauthorised motor car.][F115Summarily.][F115Level 3 on the standard scale. ]
RTA section 135Unregistered 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 136Failure of instructor to surrender to Registrar certificate or licence.Summarily.Level 3 on the standard scale.
RTA section 137Failing to produce certificate of registration or licence as driving instructor.Summarily.Level 3 on the standard scale.
RTA section 143Using motor vehicle while uninsured or unsecured against third-party risks.Summarily.[F116Level 5]on the standard scale.Discretionary.Obligatory.6–8
RTA section 147Failing 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 154Failing 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 163Failing to stop motor vehicle or cycle when required [F80by constable].Summarily.Level 3 on the standard scale.
RTA section 164Failing to produce driving licence [F117and counterpart][F118etc] 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 [F119constable] certain names and addresses or to produce certain documents.Summarily.Level 3 on the standard scale.
RTA section 168Refusing 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 169Pedestrian 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.[F120Six months or level 5 on the standard scale or both]Discretionary.Obligatory.[F1215-10]
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 171Failure 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 172Failure 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.[F122 Discretionary, if committed otherwise than by virtue of subsection (5) or (11).][F122Obligatory, if committed otherwise than by virtue of subsection (5) or (11).][F1223]
RTA section 173Forgery, etc., of licences, [F95counterparts 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 174Making certain false statements, etc., and withholding certain material information.[F123(a) Summarily[F123(a) 6 months or the statutory maximum or both
(b) On indictment](b) 2 years or a fine or both.]
RTA section [F124 175 ] [F124 175(1) ]Issuing false documents.Summarily.Level 4 on the standard scale.
[F125RTA section 175(2) ][F126Falsely amending certificate of conformity.][F126Summarily.][F127Level 4 on the standard scale][F128 . . .]
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.[F129Obligatory.][F1298]
(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 [F130 equipment, 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

F56Words in Sch. 2 Pt. I substituted (27.2.2004) by Criminal Justice Act 2003 (c. 44), ss. 285(2)(3), 336(3)(4) (with s. 285(8)); S.I. 2004/81, art. 5(1)(2)(b)

F57 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.

F60 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.

F62 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).

F63Words in Sch. 2 Pt. I substituted (27.2.2004) by Criminal Justice Act 2003 (c. 44), ss. 285(2)(4), 336(3)(4) (with s. 285(8)); S.I. 2004/81, art. 5(1)(2)(b)

F64 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.

F65 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.

F66 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.

F68 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.

F69 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)

F70 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.

F74 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.

F76 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.

F77 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.

F78 Words in Sch. 2 Pt. I substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 67, 103(2), Sch. 7 para. 8

F79Words in Sch. 2 Pt. I inserted (4.10.2004 for E., 1.5.2009 for W.) by Traffic Management Act 2004 (c. 18), ss. 6(5), 99(1); S.I. 2004/2380, art. 2(a); S.I. 2009/1095, art. 2(a)

F80Words in Sch. 2 Pt. I repealed (4.10.2004 for E., 26.10.2006 for W.) by Traffic Management Act 2004 (c. 18), s. 99(1), Sch. 12 Pt. 2; S.I. 2004/2380, art. 2(h); S.I. 2006/2826, art. 2(1)(2)(e)

F81 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.

F82 Entry in Sch. 2 Pt. I inserted (1.1.1996) by S.I. 1992/3107, reg. 16, Sch. 2 para. 7

F83 Sch. 2 Pt. I: words in entry inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 5(2)

F84 Entry in Sch. 2 Pt. I inserted (1.1.1996) by S.I. 1992/3107, reg. 16, Sch. 2 para. 7

F85 Sch. 2 Pt. I: words in entry inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 5(3)

F87 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.

F88 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.

F89 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.

F91 Words inserted by virtue of S.I. 1990/144, regs. 2(3), 3, Sch. 3 para. 3(5)(a)(i)

F93 Words inserted by virtue of S.I. 1990/144, regs. 2(3), 3, Sch. 3 para. 3(5)(a)(ii)

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. 22; S.I. 1992/1286, art. 2, Sch.

F95 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)

F97 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.

F99 Words in Sch. 2 Pt. I substituted (1.1.1997) by S.I. 1996/1974, reg. 3, Sch. 2 para. 8(c)(e)

F101 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.

F102 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.

F104 Words in Sch. 2 Pt. I substituted (1.7.1998) by S.I. 1998/1420, reg. 16(3)

F107 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.

F111 Words inserted by virtue of S.I. 1990/144, regs. 2(3), 3, Sch. 3 para. 3(5)(c)

F115 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.

F116 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.

F118 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.

F119 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.

F123 Words in Sch. 2 Pt. I substituted (29.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 286, 336(3)(4); S.I. 2004/81, art. 4(1)(2)(l)

F129 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.

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 [F131 and counterpart ] to court making order for interim disqualification [F132 on committal for sentence etc.]Summarily.Level 3 on the standard scale.
Section 27 of this Act. Failing to produce licence [F133 and 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.
[F134 . . .]
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

F132 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.

F135...

Textual Amendments

F135Sch. 2 Pt. I entries repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14

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.[F1363-11]
[F137An 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.F138. . .F138. . .
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.F138. . .F138. . .
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.DiscretionaryF138. . .F138. . .

Textual Amendments

F136Words 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.

F137Entry 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

F138Entries 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 Fixed Penalty Offences

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

F139. . .

F139. . .F139. . .
F139. . .F139. . ..
F139. . .F139. . .
F139. . .F139. . .

Textual Amendments

F139 Entries repealed (1.9.1994) by 1994 c. 22, s. 65, Sch. 5 Pt. I

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 11Breach of experimental traffic order.
RTRA section 13Breach 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 [F140other than a contravention of regulations 23, 24, 25 and26 of the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997].
RTRA section 29(3)Using a vehicle in contravention of a street playground order F141 . . ..
F142. . .F142. . .
RTRA section [F14335A(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

F140 Words in Sch. 3 substituted (1.8.1999) by S.I. 1999/1851, art. 2(3)(a)

F141 Words 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.)

F142 Entry 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

Offences under the Road Traffic Act 1988 (c. 52)

RTA section 14Breach of regulations requiring wearing of seat belts.
RTA section 15(2)Breach of restriction on carrying children in the front of vehicles.
[F144RTA section 15(4) Breach of restriction on carrying children in the rear of vehicles.]
RTA section 16Breach of regulations relating to protective headgear for motor cycle drivers and passengers.
[F145RTA section 18(3) ][F145Breach of regulations relating to head-worn appliances (eye protectors) for use on motor cycles]
RTA section 19Parking a heavy commercial vehicle on verge or footway.
RTA section 22Leaving vehicle in dangerous position.
RTA section 23Unlawful carrying of passengers on motor cycles.
[F146RTA section 24 ][F146Carrying more than one person on a pedal cycle.]
RTA section 34Driving [F147mechanically propelled] vehicle elsewhere than on a road.
RTA section 35Failure to comply with traffic directions.
RTA section 36Failure to comply with traffic signs.
[F148RTA section 40A ] [F148 Using vehicle in dangerous condition etc.]
[F148RTA section 41A ][F148Breach of requirement as to brakes, steering-gear or tyres.]
[F148RTA section 41B ][F148Breach of requirement as to weight: goods and passenger vehicles.]
RTA section 42[F149Breach of other construction and use requirements]
RTA section 87(1)Driving vehicle [F150otherwise than in accordance with] requisite licence.
F151. . .F151. . .
RTA section 163Failure to stop vehicle on being so required F152....

Textual Amendments

F144 Entry in Sch. 3 inserted (1.4.1992) by S.I. 1992/345, art. 2

F145 Words in Sch. 3 inserted (1.12.2004) by Fixed Penalty Offences Order 2004 (S.I. 2004/2922), arts. 1, 2(2)

F146 Entry in Sch. 3 inserted (E.W.)(1.8.1999) by S.I. 1999/1851, art. 3(3)(a)

F147 Words in entry in Sch. 3 substituted (20.1.2001) by 2000 c. 37, ss. 67, 103(2), Sch. 7 para. 9

F151 Entry 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

F152 Words in Sch. 3 repealed (4.10.2004 for E., 26.10.2006 for W.) by Traffic Management Act 2004 (c. 18), s. 99(1), Sch. 12 Pt. 2; S.I. 2004/2380, art. 2(h); S.I. 2006/2826, art. 2(1)(2)(e)

F153[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 [F154vehicle licence, trade licence or nil 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.
[F155Section 43C of that Act][F155Using an incorrectly registered vehicle.]
[F156Section 59 of that Act][F156Failure to fix a prescribed registration mark to a vehicle in accordance with regulations made under section 23(4)(a) of that Act.]]

Textual Amendments

F153 Entry inserted (1.9.1994) by 1994 c. 22, s. 63, Sch. 3 para. 25(2)

F154 Words in entry substituted (1.7.1997) by 1997 c. 16, s. 18, Sch. 3 para. 8(1); S.I. 1997/1433, art. 2

F156 Entry in Sch. 3 inserted (1.8.1999) by S.I. 1999/1851, art. 2(3)(b)

[F157Offences under the Highways Act 1835 and the Roads (Scotland) Act 1984
Section 72 of the Highways Act 1835Driving on the footway
[F158Cycling on the footway]
Section 129(5) of the Roads (Scotland) Act 1984Driving on the footway]

Textual Amendments

F157 Entries in Sch. 3 inserted (1.8.1999) by S.I. 1999/1851, art. 2(3)(c)

F158 Entry in Sch. 3 inserted (E.W.)(1.8.1999) by S.I. 1999/1851, art. 3(3)(b)

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Section 51.

SCHEDULE 3S Fixed Penalty Offences

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

F169. . .

F169. . .F169. . .
F169. . .F169. . ..
F169. . .F169. . .
F169. . .F169. . .

Textual Amendments

F169 Entries repealed (1.9.1994) by 1994 c. 22, s. 65, Sch. 5 Pt. I

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 11Breach of experimental traffic order.
RTRA section 13Breach 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 [F170other than a contravention of regulations 23, 24, 25 and26 of the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997].
RTRA section 29(3)Using a vehicle in contravention of a street playground order F171 . . ..
F172. . .F172. . .
RTRA section [F17335A(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

F170 Words in Sch. 3 substituted (1.8.1999) by S.I. 1999/1851, art. 2(3)(a)

F171 Words 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.)

F172 Entry 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

Offences under the Road Traffic Act 1988 (c. 52)

RTA section 14Breach of regulations requiring wearing of seat belts.
RTA section 15(2)Breach of restriction on carrying children in the front of vehicles.
[F174RTA section 15(4) Breach of restriction on carrying children in the rear of vehicles.]
RTA section 16Breach of regulations relating to protective headgear for motor cycle drivers and passengers.
[F145RTA section 18(3) ][F145Breach of regulations relating to head-worn appliances (eye protectors) for use on motor cycles]
RTA section 19Parking a heavy commercial vehicle on verge or footway.
RTA section 22Leaving vehicle in dangerous position.
RTA section 23Unlawful carrying of passengers on motor cycles.
RTA section 34Driving motor vehicle elsewhere than on a road.
RTA section 35Failure to comply with traffic directions.
RTA section 36Failure to comply with traffic signs.
[F175RTA section 40A ] [F175 Using vehicle in dangerous condition etc.]
[F175RTA section 41A ][F175Breach of requirement as to brakes, steering-gear or tyres.]
[F175RTA section 41B ][F175Breach of requirement as to weight: goods and passenger vehicles.]
RTA section 42[F176Breach of other construction and use requirements]
RTA section 87(1)Driving vehicle [F177otherwise than in accordance with] requisite licence.
F178. . .F178. . .
RTA section 163Failure to stop vehicle on being so required by constable in uniform.

Textual Amendments

F145 Words in Sch. 3 inserted (1.12.2004) by Fixed Penalty Offences Order 2004 (S.I. 2004/2922), arts. 1, 2(2)

F174 Entry in Sch. 3 inserted (1.4.1992) by S.I. 1992/345, art. 2

F178 Entry 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

F179[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 [F180vehicle licence, trade licence or nil 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.
[F155Section 43C of that Act][F155Using an incorrectly registered vehicle.]
[F181Section 59 of that Act][F181Failure to fix a prescribed registration mark to a vehicle in accordance with regulations made under section 23(4)(a) of that Act.]]

Textual Amendments

F179 Entry inserted (1.9.1994) by 1994 c. 22, s. 63, Sch. 3 para. 25(2)

F180 Words in entry substituted (1.7.1997) by 1997 c. 16, s. 18, Sch. 3 para. 8(1); S.I. 1997/1433, art. 2

F181 Entry in Sch. 3 inserted (1.8.1999) by S.I. 1999/1851, art. 2(3)(b)

[F182Offences under the Highways Act 1835 and the Roads (Scotland) Act 1984
Section 72 of the Highways Act 1835Driving on the footway
Section 129(5) of the Roads (Scotland) Act 1984Driving on the footway]

Textual Amendments

F182 Entries in Sch. 3 inserted (1.8.1999) by S.I. 1999/1851, art. 2(3)(c)

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
F159. . .
F159. . .F159. . .

Textual Amendments

F159 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 1984Conveying insecure load on drawn vehicle.
Section 65(2) of that ActPermitting child to drive drawn vehicle.
Section 95(1) of that ActDropping 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 24Unlawful carrying of passengers on bicycle.
RTA section 26Holding or getting onto a moving vehicle to be carried, or holding onto a moving vehicle to be towed.
RTA section 27Causing or permitting dog to be on designated road without a lead.
RTA section 37Failure by pedestrians to comply with directions of constable regulating vehicular traffic.
RTA section 47Using 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 63Using 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 64Using goods vehicle with unauthorised as well as authorised weights marked on it.
RTA section 87(2)Causing or permitting person to drive [F160otherwise 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 [F161when his licence is revoked, to surrender it and its counterpart or], when his particulars become incorrect, to surrender licence [F162and counterpart] and give particulars.
[F163RTA section 110 ] [F163 Driving HGV without HGV driver’s licence or causing or permitting person to drive HGV without HGV driver’s licence. ]
RTA [F164section 112][F164section 114]Failure to comply with conditions of [F165HGV][F165LGV or PCV] driver’s licence or employing person under 21 to drive [F165HGV][F165LGV or PCV] in contravention of conditions of his licence.
Regulations under RTA [F166section 117][F166section 120(5)]Contravention of provisions of regulations about [F167HGV][F167LGV or PCV] drivers’ licences which is declared by the regulations to be an offence.
RTA section 136Failure of driving instructor to surrender licence or certificate to Registrar when required.
RTA section 137Failure to produce certificate of registration or licence as driving instructor.
RTA section 147Failure 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 165Failure 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 169Failure of pedestrian contravening section 37 to give name and address to constable.
RTA section 170Failure of driver in accident involving injury to another to produce evidence of insurance or report the accident.

Textual Amendments

F166 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)

Offence under this Act
Section 25(6) of this ActFailure to provide Secretary of State when required with evidence of date of birth.
F168...

Textual Amendments

F168 Sch. 5 entries repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14