SCHEDULES
SCHEDULE 1 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.
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. . .
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, F5and
F157bb
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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, F6and
F158aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F7dangerous driving. | Section 11 of this Act. |
F209RTA section 1A | F209Causing serious injury by dangerous driving. | F209Sections 11 and 12(1) of this Act. |
RTA section 2 | F7Dangerous driving. | Sections 1, 11 and 12(1) of this Act. |
F192RTA section 2B | F192Causing death by careless, or inconsiderate, driving. | F192Sections 11 and 12(1) of this Act. |
RTA section 3 | Careless, and inconsiderate, driving. | Sections 1, 11 and 12(1) of this Act. |
F193RTA section 3ZB | F193Causing death by driving: unlicensed, disqualified or uninsured drivers. | F193Sections 11 and 12(1) of this Act. |
F8RTA section 3A | F8Causing death by careless driving when under influence of drink or drugs. | F8Section 11 of this Act. |
RTA section 4 | Driving or attempting to drive, or being in charge of a F9mechanically 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. |
F214RTA section 5A | F214Driving or attempting to drive, or being in charge of a motor vehicle, with concentration of specified controlled drug above specified limit. | F214Sections 11 and 12(1) of this Act. |
RTA section 6 | F151Failing 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. |
F10RTA 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 F173or with child in a rear-facing child restraint in front seat with an active air bag. | 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. |
F11RTA section 19A | F11 Prohibition of parking of vehicles other than heavy commercial vehicles on verges, etc. | F11Sections 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 | F12Dangerous 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. |
F13RTA section 40A | F13 Using vehicle in dangerous condition etc. | F13Sections 11 and 12(1) of this Act. |
F13RTA section 41A | F13Breach of requirement as to brakes, steering-gear or tyres. | F13Sections 11 and 12(1) of this Act. |
F13RTA section 41B | F13Breach of requirement as to weight: goods and passenger vehicles. | F13Sections 11 and 12(1) of this Act. |
F180RTA section 41D. | F180 Breach of requirements as to control of vehicle, mobile telephones etc. | F180Sections 11 and 12(1) of this Act. |
RTA section 42 | F14Breach 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., F15. . .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 F15. . . 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 F16otherwise 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 F16otherwise than in accordance with a licence. | Section 11 of this Act. |
F17RTA section 92(10) | F17Driving after making false declaration as to physical fitness. | F17Sections 6, 11 and 12(1) of this Act. |
RTAF18Section 94(3)F19and that subsection as applied by RTA section 99DF159or 109C | Failure to notify the Secretary of State of onset of, or deterioration in, relevant or prospective disability. | Section 6 of this Act. |
F20RTA section 94(3A) F21 and that subsection as applied by RTA section 99D(b) F160or 109C(c) | F20Driving after such a failure. | F20Sections 6, 11 and 12(1) of this Act. |
F20RTA section 94A | F20Driving after refusal of licence under section 92(3) F22, revocation under section 93 or service of a notice under section 99CF161or 109B. | F20Sections 6, 11 and 12(1) of this Act. |
F179RTA section 99(5) | F179Driving licence holder failing to surrender licence and counterpart. | F179Section 6 of this Act. |
F23. . . | F23. . . | F23. . . |
F23. . . | F23. . . | F23. . . |
F153. . . | F153. . . | F153. . . |
F24RTA section 99B(11) F162and that subsection as applied by RTA section 109A(5). | Driving after failure to comply with a requirement under section 99B(6), (7) or (10) F163or 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. |
F25RTA section 114(1) | F25Failing to comply with conditions of LGVF26PCV licence or LGV Community licence. | F25Sections 11 and 12(1) of this Act. |
F25RTA section 114(2) | F25 Causing or permitting a person under 21 to drive LGV or PCV in contravention of conditions of that person’s licence. | F25Section 11 of this Act. |
F27RTA section 110(1) | F27 Driving HGV without HGV driver’s licence. | F27Sections 11 and 12(1) of this Act. |
F27RTA section 110(2) | F27 Causing or permitting person to drive HGV without HGV driver’s licence. | F27Section 11 of this Act. |
F27RTA section 112(6) | F27 Failing to comply with conditions of HGV driver’s licence. | F27Sections 11 and 12(1) of this Act. |
F27RTA section 112(7) | F27 Causing or permitting a person under 21 to drive HGV in contravention of conditions of HGV driver’s licence. | F27Section 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. |
F205RTA section 144A | F205Keeping vehicle which does not meet insurance requirements. | F205Sections 11 and 12(1) of this Act. |
RTA section 163 | Failing to stop vehicle when required | Sections 11 and 12(1) of this Act. |
RTA section 164(6) | Failing to produce driving licence F28and counterpartF29etc 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. |
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 F31falsely amending certificate of conformity. | Section 6 of this Act. |
SCHEDULE 2 Prosecution and Punishment of Offences
X2C1C2 Part I Offences under the Traffic Acts
Words in Sch. 2 Pt. I inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 2; S.I. 1992/1286, art. 2, Sch.
Entry in Sch. 2 Pt. I inserted (3.5.1994) by 1994 c. 11, s. 1(2).
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.
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.
“35A(1)" substituted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 11(a)
“35A(2)" substituted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 11(b)(i)
Words substituted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 11(b)(ii)
“35A(5)" substituted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 11(c)
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.
Sch. 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)
Word 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)
Sch. 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)
Word in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 5(a); S.I. 1992/1286, art. 2, Sch.
Words 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)
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.
Words in Sch. 2 Pt. I inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 143(5), 151(1) (with s. 143(6)); S.I. 2012/2770, art. 2(b)
Word in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 6(a); S.I. 1992/1286, art. 2, Sch.
Word in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 6(b); S.I. 1992/1286, art. 2, Sch.
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.
Entry in Sch. 2 Pt. I inserted (18.8.2008) by Road Safety Act 2006 (c. 49), ss. 20(4), 61(1)(10) (with s. 61(3)); S.I. 2008/1918, art. 2(a)
Words in Sch. 2 Pt. I substituted (24.9.2007) by Road Safety Act 2006 (c. 49), ss. 23, 61(1)(10) (with s. 61(3)); S.I. 2007/2472, art. 2(b)
Entry in Sch. 2 Pt. I inserted (18.8.2008) by Road Safety Act 2006 (c. 49), ss. 21(3), 61(1)(10) (with s. 61(3)); S.I. 2008/1918, art. 2(b)
Entry in Sch. 2 Pt. I inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 7; S.I. 1992/1286, art. 2, Sch.
Words 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)
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.
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.
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.
Words in Sch. 2 Pt. I inserted (2.3.2015 for E.W.) by Crime and Courts Act 2013 (c. 22), ss. 56(4), 61(2) (with s. 56(5)(6)); S.I. 2014/3268, art. 2
Words in Sch. 2 substituted (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 7 para. 8; S.I. 2004/827, art. 3(ii)
Words in Sch. 2 Pt. I inserted (7.4.2015 for E.W. and 1.3.2018 for S.) by The Crime and Courts Act 2013 (Consequential Amendments) (No.2) Order 2015 (S.I. 2015/733), art. 1(4)(5), 3(2) (with art. 1(7))
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.
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)
Words in Sch. 2 Pt. I inserted (7.4.2015 for E.W. and 1.3.2018 for S.) by The Crime and Courts Act 2013 (Consequential Amendments) (No.2) Order 2015 (S.I. 2015/733), art. 1(4)(5), 3(3) (with art. 1(7))
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.
Words in Sch. 2 Pt. I inserted (18.9.2006) by Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006 (S.I. 2006/1892), regs. 1(1), 8(a)
Words in Sch. 2 Pt. I substituted (24.9.2007) by Road Safety Act 2006 (c. 49), ss. 24, 61(1)(10) (with s. 61(3)); S.I. 2007/2472, art. 2(c)
Entry in Sch. 2 Pt. I inserted by Motor Vehicles (Safety Equipment for Children) Act 1991 (c. 14, SIF 107:1), s. 3(2) .
Words in Sch. 2 Pt. I inserted (18.9.2006) by Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006 (S.I. 2006/1892), regs. 1(1), 8(b)
Entry inserted ( prosp. ) by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 4 , 8(3)(b), Sch. 2 Pt. II para. 22(4), which Pt. II para. 22 is repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 49, 83, Sch. 8; S.I. 1992/1286, art. 2, Sch.
Entry in Sch. 2 Pt. I inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 13; S.I. 1992/1286, art. 2, Sch.
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.
Word in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 15(a); S.I. 1992/1286, art. 2, Sch.
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.
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.
Words in Sch. 2 Pt. I substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 67, 103(2), Sch. 7 para. 8
Words 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)
Words 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)
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.
Words in Sch. 2 Pt. I substituted (24.9.2007) by Road Safety Act 2006 (c. 49), ss. 25(1), 61(1)(10) (with s. 61(3)); S.I. 2007/2472, art. 2(d)
Words in Sch. 2 Pt. I inserted (27.2.2007) by Road Safety Act 2006 (c. 49), ss. 26(4), 61(1)(10) (with s. 61(3)); S.I. 2007/237, art. 2(a)
Entry in Sch. 2 Pt. I inserted (1.1.1996) by S.I. 1992/3107, reg. 16, Sch. 2 para. 7
Sch. 2 Pt. I: words in entry inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 5(2)
Entry in Sch. 2 Pt. I inserted (1.1.1996) by S.I. 1992/3107, reg. 16, Sch. 2 para. 7
Sch. 2 Pt. I: words in entry inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 5(3)
Words in Sch. 2 Pt. I inserted (30.3.2011) by The Road Vehicles (Powers to Stop) Regulations 2011 (S.I. 2011/996), regs. 1, 3
Entry inserted ( prosp. ) by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 4, 8(3)(c), Sch. 2 Pt. III para. 30, which Pt. III para. 30 is repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 49, 83, Sch. 8; S.I. 1992/1286, art. 2, Sch.
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.
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.
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.
Entry inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 28(a)
Words inserted by virtue of S.I. 1990/144, regs. 2(3), 3, Sch. 3 para. 3(5)(a)(i)
Entry in Sch. 2 Pt. I inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 21; S.I. 1992/1286, art. 2, Sch.
Words inserted by virtue of S.I. 1990/144, regs. 2(3), 3, Sch. 3 para. 3(5)(a)(ii)
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.
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)
Words in Sch. 2 inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 37(a); S.I. 2004/2624, art. 2(1)(2)(b)
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.
Words in Sch. 2 inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 37(b); S.I. 2004/2624, art. 2(1)(2)(b)
Words in Sch. 2 Pt. I substituted (1.1.1997) by S.I. 1996/1974, reg. 3, Sch. 2 para. 8(c)(e)
Words in Sch. 2 inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 37(c); S.I. 2004/2624, art. 2(1)(2)(b)
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.
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.
“(5)" inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 28(b)(i)
Words in Sch. 2 Pt. I substituted (1.7.1998) by S.I. 1998/1420, reg. 16(3)
Words in Sch. 2 inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 37(d)(i); S.I. 2004/2624, art. 2(1)(2)(b)
Words in Sch. 2 inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 37(d)(ii); S.I. 2004/2624, art. 2(1)(2)(b)
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.
Sch. 2 entry repealed (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 37(e), Sch. 6; S.I. 2004/2624, art. 2(1)(2)(b)(c)
Entry in Sch. 2 inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 37(f); S.I. 2004/2624, art. 2(1)(2)(b)
Entries repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 16, Sch. 6
Entries inserted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 28(c)
Words inserted by virtue of S.I. 1990/144, regs. 2(3), 3, Sch. 3 para. 3(5)(c)
Words “section 120(5)" substituted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 28(d)(i)
Words “LGV or PCV" substituted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 28(d)(ii)
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.
Word in Sch. 2 Pt. I substituted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 31(2)(a)
Words in Sch. 2 Pt. I substituted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 31(2)(b)
Words in Sch. 2 Pt. I omitted (26.3.2015 for specified purposes) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 31(2)(c)
Word in Sch. 2 Pt. I omitted (26.3.2015 for specified purposes) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 31(3)
Words in Sch. 2 Pt. I substituted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 31(4)
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.
Words in Sch. 2 Pt. I inserted (4.2.2011) by Road Safety Act 2006 (c. 49), ss. 22(7), 61(1)(10) (with s. 61(3)); S.I. 2011/19, art. 2(e)
Words in Sch. 2 Pt. I inserted (16.5.2011 for specified purposes) by Road Safety Act 2006 (c. 49), ss. 22(8), 61(1)(10) (with s. 61(3)); S.I. 2011/1119, art. 2(c)
Words in Sch. 2 Pt. I substituted (24.9.2007) by Road Safety Act 2006 (c. 49), ss. 27, 61(1)(10) (with s. 61(3)); S.I. 2007/2472, art. 2(e)
Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 27(c)
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.
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.
Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 29(a); S.I. 1992/1286, art. 2, Sch.
Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 29(b); S.I. 1992/1286, art. 2, Sch.
Words in Sch. 2 Pt. I inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 30; S.I. 1992/1286, art. 2(2), Sch.
Figure in Sch. 2 Pt. I substituted (24.9.2007) by Road Safety Act 2006 (c. 49), ss. 29, 61(1)(10) (with s. 61(3)); S.I. 2007/2472, art. 2(g)
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)
"175(1)" substituted ( prosp. ) for "175" by Transport Act 1982 (c. 49, SIF 107:1), ss. 24(3)(a), 76(2) (as amended (15.5.1989) by Road Traffic Act (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 Pt. I para. 13(c)(i)(iii)
Words substituted (15.5.1989) by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 Pt. I para. 13(c)(i)(iii).
Entry inserted ( prosp. ) by Transport Act 1982 (c. 49, SIF 107:1), ss. 24(3)(b), 76(2) (as amended (15. 5. 1989) by Road Traffic Act (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 Pt. I para. 13(c)(i)(iii))
Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
Words repealed (15.5.1989) by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 4, 5, Sch. 1 Pt. I, Sch. 2 Pt. I para. 13(c)(i)(iii), Sch. 4 paras. 1-3
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.
Words in Sch. 2 Pt. I substituted by Motor Vehicles (Safety Equipment for Children) Act 1991 (c. 14, SIF 107:1), s. 3(3).
Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 27(d)
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.
Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 27(e)
Entry repealed by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 16, Sch. 6
Entry in Sch. 2 Pt. I inserted (5.1.2009) by Road Safety Act 2006 (c. 49), ss. 11(2), 61(1)(10); S.I. 2008/3164, art. 2(b)
Sch. 2 Pt. I entries repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14
Sch. 2 Pt. I modified (temp.) (8.11.2006) by Road Safety Act 2006 (c. 49), s. 61(1)(5) (with s. 61(3))
Sch. 2 Pt. I modified (temp.) (26.3.2015 for specified purposes, 8.6.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 32; S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)
(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. | F32Discretionary if committed in respect of a speed restriction. | F32Obligatory if committed in respect of a speed restriction. | F323-6 or 3 (fixed penalty) |
F33RTRA section 16(C)(1). | F33Contravention of prohibition or restriction relating to relevant event. | F33Summarily. | F33Level 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. | F343-6 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 |
F35RTRA section 30(5) | F35As above (Greater London). | F35Summarily. | F35Level 3 on the standard scale. | F35Discretionary if committed in respect of a motor vehicle. | F35Obligatory if committed in respect of a motor vehicle. | F352 |
RTRA section F3635A(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 F3735A(2) | F38Misuse of apparatus for collecting charges or of parking device or connected apparatus | Summarily. | Level 3 on the standard scale. | |||
RTRA section F3935A(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. | F403-6 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. | |||
F189RTRA section 105(6A) | F189Misuse of recognised badge (immobilisation devices). | F189Summarily. | F189Level 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 F190;117(1) | Wrongful use of disabled person’s badge. | Summarily. | Level 3 on the standard scale. | |||
F191RTRA section 117(1A) | F191Wrongful use of recognised badge. | F191Summarily. | F191Level 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 F41dangerous driving. | On indictment. | F14914 years | Obligatory. | Obligatory. | F423-11 |
F210RTA section 1A | F210Causing serious injury by dangerous driving. | F210(a) Summarily. | F210(a) 12 months or the statutory maximum or both. | F210Obligatory. | F210Obligatory. | F2103-11. |
F210(b) On indictment. | F210(b) 5 years or a fine or both. | |||||
RTA section 2 | F43 Dangerous driving. | (a) Summarily. | (a) 6 months or the statutory maximum or both. | (i) F44Obligatory | Obligatory. | (i) F453-11 |
(ii) F44Obligatory | (ii) F453-11 | |||||
(b) On indictment. | (b) 2 years or a fine or both. | |||||
F194RTA section 2B | F194Causing death by careless, or inconsiderate, driving. | F194(a) Summarily. | F194(a) 12 months (in England and Wales) or 6 months (in Scotland) or the statutory maximum or both. | F194Obligatory. | F194Obligatory. | F1943-11 |
F194(b) On indictment. | F194(b) 5 years or a fine or both. | |||||
RTA section 3 | Careless, and inconsiderate, driving. | Summarily. | F183Level 5 on the standard scale. | Discretionary. | Obligatory. | 3–9 |
F195RTA section 3ZB | F195Causing death by driving: unlicensed, disqualified or uninsured drivers. | F195(a) Summarily. | F195(a) 12 months (in England and Wales) or 6 months (in Scotland) or the statutory maximum or both. | F195Obligatory. | F195Obligatory. | F1953-11 |
F195(b) On indictment. | F195(b) 2 years or a fine or both. | |||||
F46RTA section 3A | F46Causing death by careless driving when under influence of drink or drugs. | F46On indictment. | F46Obligatory. | F46Obligatory. | F463-11. | |
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. | F473-11 |
RTA section 4(2) | Being in charge of a F48mechanically 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. | F493-11 |
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 |
F215RTA section 5A(1)(a) and (2) | F215Driving or attempting to drive with concentration of specified controlled drug above specified limit. | F215Summarily. | F215On conviction in England and Wales: 51 weeks or level 5 on the standard scale or both. On conviction in Scotland: 6 months or level 5 on the standard scale or both. | F215Obligatory. | F215Obligatory. | F2153-11 |
F215RTA section 5A(1)(b) and (2) | F215Being in charge of a motor vehicle with concentration of specified controlled drug above specified limit. | F215Summarily. | F215On conviction in England and Wales: 51 weeks or level 4 on the standard scale or both. On conviction in Scotland: 3 months or level 4 on the standard scale or both. | F215Discretionary. | F215Obligatory. | F21510 |
RTA section 6 | F152Failing 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 F216or proportion of a specified controlled drug 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) F503-11 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. | ||||
F51RTA 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 F217or proportion of a specified controlled drug 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. | F523-11 |
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 F174or with child in a rear-facing child restraint in front seat with an active air bag. | Summarily. | Level 2 on the standard scale. | |||
RTA section 15(4) | Driving motor vehicle with child in rear not wearing seat belt. | Summarily. | F184Level 2 on the standard scale. | |||
F53RTA section 15A(3) or (4) | F53 Selling etc. in certain circumstances equipment as conducive to the safety of children in motor vehicles. | F53Summarily. | F53Level 3 on the standard scale. | |||
F175RTA section 15B | F175Failure to notify bus passengers of the requirement to wear seat belts. | F175Summarily. | F175Level 4 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. | |||
F54RTA section 19A | F54 Prohibition of parking of vehicles other than heavy commercial vehicles on verges, etc. | F54Summarily | F54Level 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 |
F55RTA section 22A | F55Causing danger to road-users. | F55(a) Summarily. | F55(a) 6 months or the statutory maximum or both. | _ | _ | _ |
F55(b) On indictment. | F55(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. | F563 |
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 | F57 dangerous cycling. | Summarily. | F58Level 4 on the standard scale. | |||
RTA section 29 | Careless, and inconsiderate, cycling. | Summarily. | F59Level 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 F60mechanically 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 F204, 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 | Summarily. | Level 3 on the standard scale. | |||
F61RTA section 40A | F61 Using vehicle in dangerous condition etc. | F61Summarily. | F61(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. | F185(a) Obligatory if committed within three years of a previous conviction of the offender under section 40A. | F61Obligatory. | F613 |
F61(b) Level 4 on the standard scale in any other case. | F185(b) Discretionary in any other case. | |||||
F61RTA section 41A | F61Breach of requirement as to brakes, steering-gear or tyres. | F61Summarily. | F61 (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. | F61 Discretionary. | F61Obligatory. | F613 |
F61(b) Level 4 on the standard scale in any other case. | ||||||
F61RTA section 41B | F61Breach of requirement as to weight: goods and passenger vehicles. | F61Summarily. | F61Level 5 on the standard scale . | _ | _ | _ |
F181RTA section 41D | F181 Breach of requirements as to control of vehicle, mobile telephones etc. | F181Summarily. | F181(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. | F181Discretionary. | F181Obligatory. | F1813. |
F181(b) Level 3 on the standard scale in any other case. | ||||||
F61RTA section 42 | F61Breach of other construction and use requirements. | F61Summarily. | F61(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. | _ | _ | |
F61Level 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. | |||
F62RTA section 64A | Failure to hold EC certificate of conformity for unregistered light passenger vehicle F63or 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. | |||
F64RTA section 65A | Light passenger vehicles F65and motor cycles not to be sold without EC certificate of conformity. | Summarily. | Level 5 on the standard scale. | |||
F207RTA section 66C(1) | F207Impersonating a stopping officer etc. with intent to deceive | F207Summarily | F207Level 5 on the standard scale | |||
F207RTA section 66C(2) | F207Resisting or wilfully obstructing a stopping officer | F207Summarily | F207One month or level 3 on the standard scale or both | |||
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. | |||
F66RTA section 67A(including application by section 67B(4)). | F66Failure 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. | F66Summarily. | F66Level 3 on the standard scale. | |||
F66RTA section 67B | F66 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. | F66Summarily. | F66Level 3 on the standard scale. | |||
RTA section 68 | Obstructing inspection, etc., of F67goods vehicle by examiner or failing to comply with requirement to take F67goods vehicle for inspection. | Summarily. | Level 3 on the standard scale. | |||
RTA section 71 | Driving, etc., F67goods 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 F67goods 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. | |||
F68RTA section 87(1) | F68Driving otherwise than in accordance with a licence. | F68Summarily. | F68Level 3 on the standard scale. | F68Discretionary in a case where the offender’s driving would not have been in accordance with any licence that could have been granted to him. | F68Obligatory in the case mentioned in column 5. | F683-6 |
RTA section 87(2) | Causing or permitting a person to drive F69otherwise than in accordance with a licence. | Summarily. | Level 3 on the standard scale. | |||
F70RTA section 92(7C) | F70Failure to deliver licence revoked by virtue of section 92(7A) F71and counterpart to Secretary of State. | F70Summarily. | F70Level 3 on the standard scale. | |||
F72RTA section 92(10) | F72Driving after making false declaration as to physical fitness. | F72Summarily. | F72Level 4 on the standard scale. | F72Discretionary. | F72Obligatory. | F723-6 |
F70RTA section 93(3) | F70Failure to deliver revoked licence F73and counterpart to Secretary of State. | F70Summarily. | F70Level 3 on the standard scale. | |||
RTAF74Section 94(3) | Failure to notify Secretary of State of onset of, or deterioration in, relevant or prospective disability F75and that subsection as applied by RTA section 99DF164or 109C. | Summarily. | Level 3 on the standard scale. | |||
F76RTA section 94(3A) | F76 Driving after such a failureF75 and that subsection as applied by RTA section 99D(b)F165or 109C(c) | F76Summarily. | F76Level 3 on the standard scale. | F76Discretionary. | F76Obligatory. | F763-6 |
F76RTA section 94A | F76Driving after refusal of licence under section 92(3)F77, revocation under section 93 or service of a notice under section 99C F166or 109B | F76Summarily. | F766 months or level 5 on the standard scale or both. | F76Discretionary. | F76Obligatory. | F763-6 |
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. | F783 |
F79RTA section 97 | F79Failing to comply with any conditions prescribed for driving under provisional licence. | F79Summarily. | F79Level 3 on the standard scale. | F79Discretionary. | F79Obligatory. | F79 2 |
F79RTA section 98 | F79Failing to comply with any conditions prescribed for driving under provisional licence where conditions applicable to driving under full licence. | F79Summarily. | F79Level 3 on the standard scale. | F79Discretionary. | F79Obligatory. | F792 |
RTA section 99 F80(5) | Driving licence holder failing F81to surrender licence and counterpart. | Summarily. | Level 3 on the standard scale. | |||
F75RTA section 99B(11) F167and that subsection as applied by RTA section 109A(5) | F75Driving after failure to comply with a requirement under section 99B(6), (7) or (10)F168or a requirement under section 99B(6) or (7) as applied by section 109A(5). | F75Summarily. | F75Level 3 on the standard scale. | ' | ' | ' |
F75RTA section 99(C)(4) | F75Failure to deliver Community licence to Secretary of State when required by notice under section 99C. | F75Summarily. | F75Level 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. | F826 |
(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. | |||||
F170. . . | F170. . . | F170. . . | F170. . . | |||
F169RTA section 109B(4) | F169Failure to deliver Northern Ireland licence to Secretary of State when required by notice under section 109B. | F169Summarily. | F169Level 3 on the standard scale. | |||
F85 . . . . . . . . | ||||||
F85 . . . . . . . . | ||||||
F83RTA section 114 | F83 Failing to comply with conditions of LGVF77 PCV licence or LGV Community licence F84 and counterpart , or causing or permitting person under 21 to drive LGV or PCV in contravention of such conditions. | F83Summarily. | F83Level 3 on the standard scale. | |||
F75RTA section 115A(4), | F75 Failure to deliver LGV or PCV Community licence when required by notice under section 115A. | F75Summarily. | F75Level 3 on the standard scale. | |||
F83RTA section 118 | F83 Failing to surrender revoked or suspended LGV or PCV licence F84and counterpart. | F83Summarily. | F83Level 3 on the standard scale. | |||
Regulations made by virtue of RTAF86section 120(5) | Contravention of provision of regulations (which is declared by regulations to be an offence) about F87LGV or PCVdrivers’ licences F75or 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. | |||
F88Failure, on application F219to be registered in respect of driving instruction, to notify Registrar of F220... relevant or prospective disability. | F88Summarily. | F88Level 3 on the standard scale. | ||||
F88RTA section 133C(4) | F88Failure by registered or licensed F221... driving instructor to notify Registrar of onset of, or deterioration in, relevant or prospective disability. | F88Summarily. | F88Level 3 on the standard scale. | |||
F88RTA section 133D | F88Giving of paid driving instruction by F222persons required to hold emergency control certificates or their employees without emergency control certificate or in unauthorised motor car. | F88Summarily. | F88Level 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. | F89Level 5on the standard scale. | Discretionary. | Obligatory. | 6–8 |
F206RTA section 144A | F206Keeping vehicle which does not meet insurance requirements. | F206Summarily. | F206Level 3 on the standard scale. | |||
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. | |||
F208Regulations under RTA section 160 made by virtue of paragraph 2(1) of Schedule 2A | F208Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting removal of or interference with immobilisation notice. | F208Summarily. | F208Level 2 on the standard scale. | |||
F208Regulations under RTA section 160 made by virtue of paragraph 2(2) of Schedule 2A | F208Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting removal or attempted removal of immobilisation device. | F208Summarily. | F208Level 3 on the standard scale. | |||
F208Regulations under RTA section 160 made by virtue of paragraph 2(3) of Schedule 2A | F208Contravention of provision of regulations (which is declared by regulations to be an offence) about display of disabled person's badge. | F208Summarily. | F208Level 3 on the standard scale. | |||
F208Regulations under RTA section 160 made by virtue of paragraph 2(4) of Schedule 2A | F208Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting making of false or misleading declaration to secure release of vehicle from immobilisation device. | F208(a) Summarily. (b) On indictment. | F208(a) The statutory maximum. (b) 2 years or a fine or both. | |||
F208Regulations under RTA section 160 made by virtue of paragraph 4 of Schedule 2A | F208Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting making of false or misleading declaration to secure possession of vehicle in person's custody. | F208(a) Summarily. (b) On indictment. | F208(a) The statutory maximum. (b) 2 years or a fine or both. | |||
RTA section 163 | Failing to stop motor vehicle or cycle when required | Summarily. | F186(a) Level 5 on the standard scale if committed by a person driving a mechanically propelled vehicle. | |||
F186(b) Level 3 on the standard scale if committed by a person riding a cycle. | ||||||
RTA section 164 | Failing to produce driving licence F90and counterpartF91etc 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 F92constable 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. | F93Six months or level 5 on the standard scale or both | Discretionary. | Obligatory. | F945-10 |
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. | F95 Discretionary, if committed otherwise than by virtue of subsection (5) or (11). | F95Obligatory, if committed otherwise than by virtue of subsection (5) or (11). | F1876 |
RTA section 173 | Forgery, etc., of licences, F75counterparts 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. | F148(a) Summarily | F148(a) 6 months or the statutory maximum or both | |||
(b) On indictment | (b) 2 years or a fine or both. | |||||
Issuing false documents. | Summarily. | Level 4 on the standard scale. | ||||
F97RTA section 175(2) | F98Falsely amending certificate of conformity. | F98Summarily. | F99Level 4 on the standard scale | F100 . . . | ||
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. | F101Obligatory. | F1018 |
(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 F102 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. | |||
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 F103 and counterpart to court making order for interim disqualification F104 on committal for sentence etc. | Summarily. | Level 3 on the standard scale. |
Section 27 of this Act. | Failing to produce licence F105 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. |
F106 . . . | |||
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. |
F196Section 90D(6) of this Act | F196 Driving, etc. , vehicle in contravention of prohibition for failure to pay financial penalty deposit, etc. | F196Summarily. | F196Level 5 on the standard scale. |
F189F190F191Part II Other offences
Words 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.
Words in Sch. 2 Pt. II inserted (24.9.2007) by Road Safety Act 2006 (c. 49), ss. 28, 61(1)(10) (with s. 61(3)); S.I. 2007/2472, art. 2(f)
Entry 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
Entries 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.
(1) Offence | (2) Disqualification | (3) Endorsement | (4) Penalty points |
|---|---|---|---|
Manslaughter or, in Scotland, culpable homicide by the driver of a motor vehicle. | Obligatory. | Obligatory. | F1073-11 |
F188An offence under section 35 of the Offences against the Person Act 1861 (furious driving). | F188Discretionary. | F188Obligatory if committed in respect of a mechanically propelled vehicle. | F1883-9 |
F108An 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. | F109. . . | F109. . . |
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. | F109. . . | F109. . . |
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 | F109. . . | F109. . . |
E1SCHEDULE 3 Fixed Penalty Offences
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Entries repealed (1.9.1994) by 1994 c. 22, s. 65, Sch. 5 Pt. I
Entries in Sch. 3 inserted (31.3.2009) by Fixed Penalty Offences Order 2009 (S.I. 2009/483), art. 1, Sch. para. 1
Entry in Sch. 3 inserted (31.3.2009) by Fixed Penalty Offences Order 2009 (S.I. 2009/483), art. 1, Sch. para. 2
Words in Sch. 3 substituted (1.8.1999) by S.I. 1999/1851, art. 2(3)(a)
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.)
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
“35A(1)" substituted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 12
Entries in Sch. 3 inserted (31.3.2009) by Fixed Penalty Offences Order 2009 (S.I. 2009/483), art. 1, Sch. para. 3
Words in Sch. 3 inserted (16.8.2013) by The Fixed Penalty Offences Order 2013 (S.I. 2013/1565), arts. 1, 3
Entry in Sch. 3 inserted (1.4.1992) by S.I. 1992/345, art. 2
Words in Sch. 3 inserted (1.12.2004) by Fixed Penalty Offences Order 2004 (S.I. 2004/2922), arts. 1, 2(2)
Entry in Sch. 3 inserted (E.W.)(1.8.1999) by S.I. 1999/1851, art. 3(3)(a)
Words in entry in Sch. 3 substituted (20.1.2001) by 2000 c. 37, ss. 67, 103(2), Sch. 7 para. 9
Entries in Sch. 3 inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 112(2); S.I. 1992/1286, art. 2, Sch.
Words in Sch. 3 inserted (27.2.2007) by Road Safety Act 2006 (c. 49), ss. 26(5), 61(1)(10); S.I. 2007/237, art. 2(a)
Words in Sch. 3 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 112(3); S.I. 1992/1286, art. 2, Sch.
Entry in Sch. 3 inserted (31.3.2009) by Fixed Penalty Offences Order 2009 (S.I. 2009/483), art. 1, Sch. para. 4
Words in Sch. 3 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 112(4); S.I. 1992/1286, art. 2, Sch.
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
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)
Entries in Sch. 3 inserted (31.3.2009) by Fixed Penalty Offences Order 2009 (S.I. 2009/483), art. 1, Sch. para. 5
Entry inserted (1.9.1994) by 1994 c. 22, s. 63, Sch. 3 para. 25(2)
Words in Sch. 3 omitted (1.10.2014) by virtue of Finance Act 2014 (c. 26), Sch. 19 paras. 21, 22
Entry in Sch. 3 inserted (31.3.2009) by Fixed Penalty Offences Order 2009 (S.I. 2009/483), art. 1, Sch. para. 6
Words in Sch. 3 inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 150(2), 178(8); S.I. 2005/1521, art. 3(1)(u)
Entry in Sch. 3 inserted (1.8.1999) by S.I. 1999/1851, art. 2(3)(b)
Entries in Sch. 3 inserted (31.3.2009) by Fixed Penalty Offences Order 2009 (S.I. 2009/483), art. 1, Sch. para. 7
Entries in Sch. 3 inserted (1.8.1999) by S.I. 1999/1851, art. 2(3)(c)
Entry in Sch. 3 inserted (E.W.)(1.8.1999) by S.I. 1999/1851, art. 3(3)(b)
Words in Sch. 3 inserted (30.1.2014 for specified purposes, 1.4.2014 in so far as not already in force) by HGV Road User Levy Act 2013 (c. 7), ss. 13, 21(1); S.I. 2014/175, art. 2; S.I. 2014/797, art. 2
Section 96(11) of the Transport Act 1968 | Contravention of any requirement of domestic drivers’ hours code |
Section 96(11A) of that Act | Contravention of any requirement of applicable Community rules as to periods of driving, etc. |
Section 97(1) of that Act | Using vehicle in contravention of requirements relating to installation, use or repair of recording equipment in accordance with Community Recording Equipment Regulation |
Section 98(4) of that Act | Contravention of regulations made under section 98 or any requirement as to books, records or documents of applicable Community rules |
Section 99(4) of that Act | Failing to comply with requirements relating to inspection of records or obstructing an officer, but only insofar as the offence relates to:—
|
Section 99ZD(1) of that Act | Failing to comply with requirements relating to inspection of recording equipment or records (whether electronic or hard copy) made by or stored on recording equipment except where that offence is committed by:—
|
Section 99C of that Act | Failure to comply with prohibition or direction in relation to driving vehicle. |
Section 3(1) of the Road Traffic (Foreign Vehicles) Act 1972 | Driving, etc. , foreign goods vehicle or foreign public service vehicle in contravention of prohibition etc. |
Section 15 of the Greater London Council (General Powers) Act 1974. | Parking vehicles on footways, verges, etc. |
Section 137 of the Highways Act 1980. | Obstructing a highway, but only where the offence is committed in respect of a vehicle. |
Section 12(5) of the Public Passenger Vehicles Act 1981 | Using public service vehicle on road except under PSV operators’ licence. |
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 F111other than a contravention of regulations 23, 24, 25 and 26 of the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997. |
RTRA section 29(3) | F112 Using a vehicle in contravention of a street playground order . . .. |
F113 . . . | F113 . . . |
RTRA section F114 35A(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. |
Regulation 19(1) of the Road Transport (International Passenger Services) Regulations 1984 | Using vehicle for Community regulated carriage of passengers by road otherwise than in accordance with authorisation or certificate, etc. |
Regulation 19(2) of those Regulations | Using vehicle for ASOR regulated or Community regulated carriage of passengers by road without having correctly completed passenger waybill or without carrying top copy of waybill on vehicle throughout journey. |
F211RTA section 3 | F211Driving mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration. |
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. |
F115RTA 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. |
F171RTA section 18(3) | F171Breach 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. |
F116RTA section 24 | F116Carrying more than one person on a pedal cycle. |
RTA section 34 | Driving F117mechanically 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. |
F118RTA section 40A | F118 Using vehicle in dangerous condition etc. |
F118RTA section 41A | F118Breach of requirement as to brakes, steering-gear or tyres. |
F118RTA section 41B | F118Breach of requirement as to weight: goods and passenger vehicles. |
F182RTA section 41D | F182 Breach of requirement as to control of vehicle, mobile telephone etc. |
RTA section 42 | F119Breach of other construction and use requirements |
F200RTA section 71(1) | Driving, etc. , vehicle in contravention of prohibition on driving it as being unfit for service or overloaded, or failing to comply with direction to remove a vehicle found overloaded. |
RTA section 87(1) | Driving vehicle F120otherwise than in accordance with requisite licence. |
F121 . . . | F121 . . . |
RTA section 163 | F178 Failure to stop vehicle on being so required .... |
Section 90D(6) | Driving, etc. , vehicle in contravention of prohibition on driving, or failing to comply with direction to remove vehicle on failure to make a financial penalty deposit payment. |
Regulation 3 of the Goods Vehicles (Community Authorisations) Regulations 1992 | Using goods vehicle without Community authorisation. |
Regulation 7 of those Regulations | Using vehicle under Community authorisation in contravention of conditions governing authorisation. |
F213. . . | F213. . . |
F202Section 34 of that Act | Using trade licence for unauthorised purposes or in unauthorised circumstances, etc. |
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. |
F172Section 43C of that Act | F172Using an incorrectly registered vehicle. |
F123Section 59 of that Act | F123Failure to fix a prescribed registration mark to a vehicle in accordance with regulations made under section 23(4)(a) of that Act.] |
Section 2(5) of the Goods Vehicles (Licensing of Operators) Act 1995 | Using goods vehicle on road for carriage of goods except under operator’s licence. |
Regulation 3 of the Public Service Vehicles (Community Licences) Regulations 1999 | Using public service vehicle on road without Community licence. |
Regulation 7 of those Regulations | Using public service vehicle under Community licence in contravention of conditions governing use of licence. |
Regulation 3 of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999 | Using vehicle on road for UK cabotage operations without Community licence. |
Regulation 4 of those Regulations | Using vehicle on road for UK cabotage operations without control document. |
Regulation 7(1) of those Regulations | Driver failing to produce Community licence on request when vehicle required to have licence on board. |
Regulation 7(3) of those Regulations | Driver failing to produce control document on request when vehicle required to have control document on board. |
Regulation 11(7) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 | Driver of relevant vehicle failing to produce on request evidence or document required to be carried under regulation 11(1), (3) or (5). |
Section 72 of the Highways Act 1835 | Driving on the footway |
F125Cycling on the footway | |
Section 129(5) of the Roads (Scotland) Act 1984 | Driving on the footway |
Section 11 of the HGV Road User Levy Act 2013 | Using or keeping heavy goods vehicle if HGV road user levy not paid. |
F212 SCHEDULE 3 Fixed Penalty Offences
Entries repealed (1.9.1994) by 1994 c. 22, s. 65, Sch. 5 Pt. I
Words in Sch. 3 substituted (1.8.1999) by S.I. 1999/1851, art. 2(3)(a)
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.)
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
“35A(1)" substituted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 12
Entry in Sch. 3 inserted (1.4.1992) by S.I. 1992/345, art. 2
Entries in Sch. 3 inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 112(2); S.I. 1992/1286, art. 2, Sch.
Words in Sch. 3 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 112(3); S.I. 1992/1286, art. 2, Sch.
Words in Sch. 3 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 112(4); S.I. 1992/1286, art. 2, Sch.
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
Entry inserted (1.9.1994) by 1994 c. 22, s. 63, Sch. 3 para. 25(2)
Entry in Sch. 3 inserted (1.8.1999) by S.I. 1999/1851, art. 2(3)(b)
Entries in Sch. 3 inserted (1.8.1999) by S.I. 1999/1851, art. 2(3)(c)
Section 96(11) of the Transport Act 1968 | Contravention of any requirement of domestic drivers’ hours code |
Section 96(11A) of that Act | Contravention of any requirement of applicable Community rules as to periods of driving, etc. |
Section 97(1) of that Act | Using vehicle in contravention of requirements relating to installation, use or repair of recording equipment in accordance with Community Recording Equipment Regulation |
Section 98(4) of that Act | Contravention of regulations made under section 98 or any requirement as to books, records or documents of applicable Community rules |
Section 99(4) of that Act | Failing to comply with requirements relating to inspection of records or obstructing an officer, but only insofar as the offence relates to:—
|
Section 99ZD(1) of that Act | Failing to comply with requirements relating to inspection of recording equipment or records (whether electronic or hard copy) made by or stored on recording equipment except where that offence is committed by:—
|
Section 99C of that Act | Failure to comply with prohibition or direction in relation to driving vehicle. |
Section 3(1) of the Road Traffic (Foreign Vehicles) Act 1972 | Driving, etc. , foreign goods vehicle or foreign public service vehicle in contravention of prohibition etc. |
Section 15 of the Greater London Council (General Powers) Act 1974. | Parking vehicles on footways, verges, etc. |
Section 137 of the Highways Act 1980. | Obstructing a highway, but only where the offence is committed in respect of a vehicle. |
Section 12(5) of the Public Passenger Vehicles Act 1981 | Using public service vehicle on road except under PSV operators’ licence. |
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 F127other 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) | F128 Using a vehicle in contravention of a street playground order . . .. |
F129 . . . | F129 . . . |
RTRA section F130 35A(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. |
Regulation 19(1) of the Road Transport (International Passenger Services) Regulations 1984 | Using vehicle for Community regulated carriage of passengers by road otherwise than in accordance with authorisation or certificate, etc. |
Regulation 19(2) of those Regulations | Using vehicle for ASOR regulated or Community regulated carriage of passengers by road without having correctly completed passenger waybill or without carrying top copy of waybill on vehicle throughout journey. |
F211RTA section 3 | F211Driving mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration. |
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. |
F131RTA 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. |
F171RTA section 18(3) | F171Breach 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. |
RTA section 34 | Driving motor vehicle elsewhere than on a road. |
RTA section 35 | Failure to comply with traffic directions. |
RTA section 36 | Failure to comply with traffic signs. |
F132RTA section 40A | F132 Using vehicle in dangerous condition etc. |
F132RTA section 41A | F132Breach of requirement as to brakes, steering-gear or tyres. |
F132RTA section 41B | F132Breach of requirement as to weight: goods and passenger vehicles. |
F182RTA section 41D | F182 Breach of requirement as to control of vehicle, mobile telephone etc. |
RTA section 42 | F133Breach of other construction and use requirements |
F200RTA section 71(1) | Driving, etc. , vehicle in contravention of prohibition on driving it as being unfit for service or overloaded, or failing to comply with direction to remove a vehicle found overloaded. |
RTA section 87(1) | Driving vehicle F134otherwise than in accordance with requisite licence. |
F135 . . . | F135 . . . |
RTA section 163 | Failure to stop vehicle on being so required by constable in uniform. |
Section 90D(6) | Driving, etc. , vehicle in contravention of prohibition on driving, or failing to comply with direction to remove vehicle on failure to make a financial penalty deposit payment. |
Regulation 3 of the Goods Vehicles (Community Authorisations) Regulations 1992 | Using goods vehicle without Community authorisation. |
Regulation 7 of those Regulations | Using vehicle under Community authorisation in contravention of conditions governing authorisation. |
F213. . . | F213. . . |
F202Section 34 of that Act | Using trade licence for unauthorised purposes or in unauthorised circumstances, etc. |
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. |
F172Section 43C of that Act | F172Using an incorrectly registered vehicle. |
F137Section 59 of that Act | F137Failure to fix a prescribed registration mark to a vehicle in accordance with regulations made under section 23(4)(a) of that Act.] |
Section 2(5) of the Goods Vehicles (Licensing of Operators) Act 1995 | Using goods vehicle on road for carriage of goods except under operator’s licence. |
Regulation 3 of the Public Service Vehicles (Community Licences) Regulations 1999 | Using public service vehicle on road without Community licence. |
Regulation 7 of those Regulations | Using public service vehicle under Community licence in contravention of conditions governing use of licence. |
Regulation 3 of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999 | Using vehicle on road for UK cabotage operations without Community licence. |
Regulation 4 of those Regulations | Using vehicle on road for UK cabotage operations without control document. |
Regulation 7(1) of those Regulations | Driver failing to produce Community licence on request when vehicle required to have licence on board. |
Regulation 7(3) of those Regulations | Driver failing to produce control document on request when vehicle required to have control document on board. |
Regulation 11(7) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 | Driver of relevant vehicle failing to produce on request evidence or document required to be carried under regulation 11(1), (3) or (5). |
F138Offences under the Highways Act 1835 and the Roads (Scotland) Act 1984 | |
Section 72 of the Highways Act 1835 | Driving on the footway |
Section 129(5) of the Roads (Scotland) Act 1984 | Driving on the footway |
Section 11 of the HGV Road User Levy Act 2013 | Using or keeping heavy goods vehicle if HGV road user levy not paid. |
SCHEDULE 4 Statutory Statements
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
Entry in Sch. 5 repealed (3.5.1994) by 1994 c. 9, s. 258, Sch. 26 Pt. I
Words in Sch. 5 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 113; S.I. 1992/1286, art. 2, Sch.
Words inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1) , s. 7 , Sch. 3 para. 30(a) (as amended (insertion of words “and its counterpart") by S.I. 1990/144 , reg. 2(3) , Sch. 3 para. 3(6) )
Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 28
Entry repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 16, Sch. 6
Words “section 114" substituted (1.4.1991) for “section 112" by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 30(b)(i)
Words “LGV or PCV" substituted (1.4.1991) for “HGV" by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 30(b)(ii)
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)
Words “LGV or PCV" substituted (1.4.1991) for “HGV" by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 30(c)(ii)
Sch. 5 entries repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14
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 F140otherwise 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 F141when his licence is revoked, to surrender it and its counterpart or, when his particulars become incorrect, to surrender licence F142and counterpart and give particulars. |
F143RTA section 110 | F143 Driving HGV without HGV driver’s licence or causing or permitting person to drive HGV without HGV driver’s licence. |
Failure to comply with conditions of F145HGVF145LGV or PCV driver’s licence or employing person under 21 to drive F145HGVF145LGV or PCV in contravention of conditions of his licence. | |
Contravention of provisions of regulations about F147HGVF147LGV 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. |
F154... |
|---|
Sch. 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.