SCHEDULES

SCHEDULE 1 Offences to which sections 1, 6, 11 and 12(1) apply

Sections 1 etc.

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.

(2)

The general nature of the offence is indicated in column 2.

F11A

Section 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).

2

Section 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.

3

Section 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.

4

Section 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 1

Causing 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 3

Careless, 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 4

Driving 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 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

F13Failing to co-operate with a preliminary 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.

F14RTA section 7A

Failing to allow specimen of blood to be subjected to laboratory test

Sections 11 and 12(1).

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.

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 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

F16Dangerous 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.

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 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., 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 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 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.

RTAF22Section 94(3)F23and that subsection as applied by RTA section 99DF24or 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 99CF29or 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 LGVF36PCV 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 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 F38by constable.

Sections 11 and 12(1) of this Act.

RTA section 164(6)

Failing to produce driving licence F39and counterpartF40etc 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 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 175

Issuing false documents F42falsely amending certificate of conformity.

Section 6 of this Act.

SCHEDULE 2 Prosecution and Punishment of Offences

Section 9 etc.

X2Part I Offences under the Traffic Acts

Annotations:
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.

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.

Offences under the Road Traffic Act 1988

RTA section 1

Causing 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 3

Careless, 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.

F61F62F6314 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 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) 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 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.

F703-11

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.

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 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.

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 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

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 23

Carrying passenger on motor-cycle contrary to section 23.

Summarily.

Level 3 on the standard scale.

Discretionary.

Obligatory.

F743

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

F75 dangerous cycling.

Summarily.

F76Level 4 on the standard scale.

RTA section 29

Careless, and inconsiderate, cycling.

Summarily.

F77Level 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 F78mechanically 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 F79, traffic officer 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 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 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.

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 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.

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 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.

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 68

Obstructing 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 71

Driving, 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 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.

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.

RTAF94Section 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 99DF96or 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 96

Driving 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 LGVF99 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 RTAF113section 120(5)

Contravention of provision of regulations (which is declared by regulations to be an offence) about F114LGV or PCVdrivers’ 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 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.

F116Level 5on 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 F80by constable.

Summarily.

Level 3 on the standard scale.

RTA section 164

Failing to produce driving licence F117and counterpartF118etc 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 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.

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 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.

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 173

Forgery, 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 174

Making 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.

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.

F135...

Part II 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.

Discretionary

F138. . .

F138. . .

SCHEDULE 3 Fixed Penalty Offences

Section 51.

Annotations:
Extent Information

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

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

F139. . .

F139. . .

F139. . .

F139. . .

F139. . ..

F139. . .

F139. . .

F139. . .

F139. . .

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 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.

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.

F144RTA 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.

F145RTA section 18(3)

F145Breach of regulations relating to head-worn appliances (eye protectors) for use on motor cycles

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.

F146RTA section 24

F146Carrying more than one person on a pedal cycle.

RTA section 34

Driving F147mechanically propelled vehicle elsewhere than on a road.

RTA section 35

Failure to comply with traffic directions.

RTA section 36

Failure 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 163

Failure to stop vehicle on being so required F152....

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.]

F157Offences under the Highways Act 1835 and the Roads (Scotland) Act 1984

Section 72 of the Highways Act 1835

Driving on the footway

F158Cycling on the footway

Section 129(5) of the Roads (Scotland) Act 1984

Driving on the footway

SCHEDULE 4 Statutory Statements

Section 68.

Part I 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—

(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—

(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 II 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—

(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.

SCHEDULE 5 Scotland: Additional Offences Open to Conditional Offer

Section 75.

(1) Provision creating offence

(2) General nature of offence

F159. . .

F159. . .

F159. . .

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 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.

RTAF164section 112F164section 114

Failure to comply with conditions of F165HGVF165LGV or PCV driver’s licence or employing person under 21 to drive F165HGVF165LGV or PCV in contravention of conditions of his licence.

Regulations under RTAF166section 117F166section 120(5)

Contravention of provisions of regulations about F167HGVF167LGV 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.

Offence under this Act

Section 25(6) of this Act

Failure to provide Secretary of State when required with evidence of date of birth.

F168...