Search Legislation

Road Traffic Offenders Act 1988

 Help about what version

What Version

 Help about advanced features

Advanced Features

Status:

Point in time view as at 16/07/2018.

Changes to legislation:

Road Traffic Offenders Act 1988 is up to date with all changes known to be in force on or before 07 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

SCHEDULES

Sections 1 etc.

SCHEDULE 1E+W+S Offences to which sections 1, 6, 11 and 12(1) apply

1(1)Where section 1, 6, 11 or 12(1) of this Act is shown in column 3 of this Schedule against a provision of the M1Road Traffic Act 1988 specified in column 1, the section in question applies to an offence under that provision.E+W+S

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

Marginal Citations

F1 [1A E+W+SSection 1 also applies to—

(a)an offence under section 16 of the Road Traffic Regulation Act 1984 consisting in the contravention of a restriction on the speed of vehicles imposed under section 14 of that Act,

(b)an offence under subsection (4) of section 17 of that Act consisting in the contravention of a restriction on the speed of vehicles imposed under that section, and

(c)an offence under section 88(7) or 89(1) of that Act (speeding offences).]

Textual Amendments

F1 Sch. 1 para. 1A inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1) , s. 22 , Sch. 1 para. 2 ; S.I. 1992/1286 , art. 2 , Sch.

2E+W+SSection 6 also applies—

(a)to an offence under section 67 of this Act, F2. . .

(b)in relation to Scotland, to an offence under section 173 of the Road Traffic Act 1988 (forgery, etc., of licences, test certificates, certificates of insurance and other documents and things), F3. . .

(c)F4... [F5and

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

Textual Amendments

F3 Word in Sch. 1 para. 2(b) repealed (1.6.1997) by 1995 c. 13, s. 10(4), Sch. 2 para. 7 (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

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

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

3E+W+SSection 11 also applies to—

(a)any offence to which section 112 of the M2Road Traffic Regulation Act 1984 (information as to identity of driver or rider) applies except an offence under section 61(5) of that Act,

(b)any offence which is punishable under section 91 of this Act, [F6and]

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

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

Textual Amendments

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

Marginal Citations

4E+W+SSection 12(1) also applies to—

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

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

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

(1) Provision creating offence(2) General nature of offence(3) Applicable provisions of this Act
RTA section 1Causing death by [F10dangerous] driving.Section 11 of this Act.
[F11RTA section 1A] [F11Causing serious injury by dangerous driving.] [F11Sections 11 and 12(1) of this Act.]
RTA section 2[F10Dangerous] driving.Sections 1, 11 and 12(1) of this Act.
[F12RTA section 2B ][F12Causing death by careless, or inconsiderate, driving.][F12Sections 11 and 12(1) of this Act.]
RTA section 3Careless, and inconsiderate, driving.Sections 1, 11 and 12(1) of this Act.
[F13RTA section 3ZB][F13Causing death by driving: unlicensed F14... or uninsured drivers.][F13Sections 11 and 12(1) of this Act.]
[F15RTA section 3ZC] [F15Causing death by driving: disqualified drivers] [F15Section 11 of this Act.]
[F15section 3ZD] [F15Causing serious injury by driving: disqualified drivers] [F15Sections 11 and 12(1) of this Act.]
[F16RTA section 3A][F16Causing death by careless driving when under influence of drink or drugs.][F16Section 11 of this Act.]
RTA section 4Driving or attempting to drive, or being in charge of a [F17mechanically propelled vehicle], when unfit to drive through drink or drugs.Sections 11 and 12(1) of this Act.
RTA section 5Driving or attempting to drive, or being in charge of a motor vehicle, with excess alcohol in breath, blood or urine.Sections 11 and 12(1) of this Act.
[F18RTA section 5A] [F18Driving or attempting to drive, or being in charge of a motor vehicle, with concentration of specified controlled drug above specified limit.] [F18Sections 11 and 12(1) of this Act.]
RTA section 6[F19Failing to co-operate with a preliminary test]Sections 11 and 12(1) of this Act.
RTA section 7Failing to provide specimen for analysis or laboratory test.Sections 11 and 12(1) of this Act.
[F20RTA section 7A Failing to allow specimen of blood to be subjected to laboratory test Sections 11 and 12(1).]
RTA section 12Motor racing and speed trials.Sections 11 and 12(1) of this Act.
RTA section 14Driving or riding in a motor vehicle in contravention of regulations requiring wearing of seat belts.Sections 11 and 12(1) of this Act.
RTA section 15Driving motor vehicle with child not wearing seat belt [F21or 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 19Prohibition of parking of heavy commercial vehicles on verges and footways.Sections 11 and 12(1) of this Act.
[F22RTA section 19A] [F22 Prohibition of parking of vehicles other than heavy commercial vehicles on verges, etc.][F22Sections 11 and 12 of this Act.]
RTA section 22Leaving vehicles in dangerous positions.Sections 1, 11 and 12(1) of this Act.
RTA section 23Carrying passenger on motor-cycle contrary to section 23.Sections 11 and 12(1) of this Act.
RTA section 24Carrying passenger on bicycle contrary to section 24.Sections 11 and 12(1) of this Act.
RTA section 25Tampering with motor vehicles.Section 11 of this Act.
RTA section 26(1)Holding or getting onto vehicle in order to be carried.Section 11 of this Act.
RTA section 26(2)Holding onto vehicle in order to be towed.Sections 11 and 12(1) of this Act.
RTA section 28[F23Dangerous] cycling.Sections 1, 11 and 12(1) of this Act.
RTA section 29Careless, and inconsiderate, cycling.Sections 1, 11 and 12(1) of this Act.
RTA section 30Cycling when unfit through drink or drugs.Sections 11 and 12(1) of this Act.
RTA section 31Unauthorised or irregular cycle racing, or trials of speed.Sections 11 and 12(1) of this Act.
RTA section 33Unauthorised motor vehicle trial on footpaths or bridleways.Sections 11 and 12(1) of this Act.
RTA section 34Driving motor vehicles elsewhere than on roads.Sections 11 and 12(1) of this Act.
RTA section 35Failing to comply with traffic directions.Sections 1, 11 and 12(1) of this Act.
RTA section 36Failing to comply with traffic signs.Sections 1, 11 and 12(1) of this Act.
[F24RTA section 40A] [F24 Using vehicle in dangerous condition etc.][F24Sections 11 and 12(1) of this Act.]
[F24RTA section 41A][F24Breach of requirement as to brakes, steering-gear or tyres.][F24Sections 11 and 12(1) of this Act.]
[F24RTA section 41B][F24Breach of requirement as to weight: goods and passenger vehicles.][F24Sections 11 and 12(1) of this Act.]
[F25RTA section 41D.] [F25 Breach of requirements as to control of vehicle, mobile telephones etc.][F25Sections 11 and 12(1) of this Act.]
RTA section 42[F26Breach of other construction and use requirements]Sections 11 and 12(1) of this Act.
RTA section 47Using, etc., vehicle without required test certificate being in force.Sections 11 and 12(1) of this Act.
RTA section 53Using, etc., goods vehicle without required plating certificate or goods vehicle test certificate being in force, or where Secretary of State is required by regulations under section 49 to be notified of an alteration to the vehicle or its equipment but has not been notified.Sections 11 and 12(1) of this Act.
RTA section 63Using, etc., vehicle without required certificate being in force showing that it, or a part fitted to it, complies with type approval requirements applicable to it, or using, etc., certain goods vehicles for drawing trailer when plating certificate does not specify maximum laden weight for vehicle and trailer, or using, etc., goods vehicle where Secretary of State has not been but is required to be notified under section 48 of alteration to it or its equipment.Sections 11 and 12(1) of this Act.
RTA section 71Driving, etc., F27. . .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 F27. . . vehicle found overloaded.Sections 11 and 12(1) of this Act.
RTA section 78Failing to comply with requirement about weighing motor vehicle or obstructing authorised person.Sections 11 and 12(1) of this Act.
RTA section 87(1)Driving [F28otherwise 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 [F28otherwise than in accordance with] a licence.Section 11 of this Act.
[F29RTA section 92(10)][F29Driving after making false declaration as to physical fitness.][F29Sections 6, 11 and 12(1) of this Act.]
RTA [F30Section 94(3)][F31and that subsection as applied by RTA section 99D] [F32or 109C]Failure to notify the Secretary of State of onset of, or deterioration in, relevant or prospective disability.Section 6 of this Act.
[F33RTA section 94(3A)] [F34 and that subsection as applied by RTA section 99D(b)] [F35or 109C(c)][F33Driving after such a failure.][F33Sections 6, 11 and 12(1) of this Act.]
[F33RTA section 94A][F33Driving after refusal of licence under section 92(3) [F36, revocation under section 93 or service of a notice under section 99C] [F37or 109B].][F33Sections 6, 11 and 12(1) of this Act.]
[F38RTA section 99(5)][F38Driving licence holder failing to surrender licence F39....][F38Section 6 of this Act.]
F40. . .F40. . .F40. . .
F40. . .F40. . .F40. . .
F41. . .F41. . .F41. . .
[F42RTA section 99B(11)]. [F42Driving after failing to comply with a requirement under section 99B(7) or (10)] [F42Section 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.
[F43RTA section 114(1)][F43Failing to comply with conditions of LGV [F44PCV licence or LGV Community licence].][F43Sections 11 and 12(1) of this Act.]
[F43RTA section 114(2)] [F43 Causing or permitting a person under 21 to drive LGV or PCV in contravention of conditions of that person’s licence.][F43Section 11 of this Act.]
[F45RTA section 110(1)] [F45 Driving HGV without HGV driver’s licence.][F45Sections 11 and 12(1) of this Act.]
[F45RTA section 110(2)] [F45 Causing or permitting person to drive HGV without HGV driver’s licence.][F45Section 11 of this Act.]
[F45RTA section 112(6)] [F45 Failing to comply with conditions of HGV driver’s licence.][F45Sections 11 and 12(1) of this Act.]
[F45RTA section 112(7)] [F45 Causing or permitting a person under 21 to drive HGV in contravention of conditions of HGV driver’s licence.][F45Section 11 of this Act.]
RTA section 143Using motor vehicle, or causing or permitting it to be used, while uninsured or unsecured against third party risks.Sections 6, 11 and 12(1) of this Act.
[F46RTA section 144A] [F46Keeping vehicle which does not meet insurance requirements.][F46Sections 11 and 12(1) of this Act.]
RTA section 163Failing to stop vehicle when required [F47by constable].Sections 11 and 12(1) of this Act.
RTA section 164(6)Failing to produce driving licence F48... or to state date of birth.Sections 11 and 12(1) of this Act.
RTA section 165(3)Failing to give constable certain names and addresses or to produce certificate of insurance or certain test and other like certificates.Sections 11 and 12(1) of this Act.
RTA section 165(6)Supervisor of learner driver failing to give constable certain names and addresses.Section 11 of this Act.
RTA section 168Refusing to give, or giving false, name and address in case of reckless, careless or inconsiderate driving or cycling.Sections 11 and 12(1) of this Act.
RTA section 170Failure by driver to stop, report accident or give information or documents.Sections 11 and 12(1) of this Act.
RTA section 171Failure by owner of motor vehicle to give police information for verifying compliance with requirement of compulsory insurance or security.Sections 11 and 12(1) of this Act.
X1RTA section 174(1) or [F49(5)]Making false statements in connection with licences under this Act and with registration as an approved driving instructor; or making false statement or withholding material information in order to obtain the issue of insurance certificates, etc.Section 6 of this Act.
RTA section 175Issuing false documents [F50falsely amending certificate of conformity].Section 6 of this Act.

Editorial Information

X1 The figure "(5)" stands in the text by virtue of a correction notice issued by the Queen's Printer dated November 1990 and Road Traffic Act 1991 (c. 40, SIF 107:1) , Sch. 1 para. 17 .

Textual Amendments

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

F10 Words in Sch. 1 Table substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 22, Sch. 1 para. 5; S.I. 1992/1286, art. 2, Sch.

F12 Entry in Sch. 1 inserted (18.8.2008) by Road Safety Act 2006 (c. 49), ss. 20(3), 61(1)(10); S.I. 2008/1918, art. 2(a)

F13 Entry in Sch. 1 inserted (18.8.2008) by Road Safety Act 2006 (c. 49), ss. 21(2), 61(1)(10); S.I. 2008/1918, art. 2(b)

F17 Words in Sch. 1 Table substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 22, Sch. 1 para. 7; S.I. 1992/1286, art. 2, Sch.

F18Words in Sch. 1 Table inserted (2.3.2015 for E.W., 1.3.2018 for S., 1.3.2018 for N.I.) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 22 para. 13 (with Sch. 22 para. 14); S.I. 2014/3268, art. 2; S.I. 2018/161, art. 2; S.I. 2018/162, art. 2

F20 Entry in table inserted (1.10.2002) by 2002 c. 30, s. 56(4); S.I. 2002/2306, art. 2(d)(v)

F23 Word in Sch. 1 Table substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 22, Sch. 1 para. 8; S.I. 1992/1286, art. 2, Sch.

F24 Entries in Sch. 1 Table inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 22, Sch. 1 para. 9; S.I. 1992/1286, art. 2, Sch.

F25 Entry in Sch. 1 inserted (27.2.2007) by Road Safety Act 2006 (c. 49), ss. 26(3), 61(1)(10); S.I. 2007/237, art. 2(a)

F26 Words in Sch. 1 Table substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 22, Sch. 1 para. 10; S.I. 1992/1286, art. 2, Sch.

F27 Word in Sch. 1 Table repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1) , ss. 22 , 83 , Sch. 1 para. 11 , Sch. 8 ; S.I. 1992/1286 , art. 2 , Sch. , Appendix

F28 Words in Sch. 1 Table substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 22, Sch. 1 para. 12; S.I. 1992/1286, art. 2, Sch.

F30 Words in Sch. 1 Table substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 22, Sch. 1 para. 14; S.I. 1992/1286, art. 2, Sch.

F31 Words in entry inserted (1.1.1997) by S.I. 1996/1974, reg. 3, Sch. 2 para. 7(a)

F33 Entries in Sch. 1 Table inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 22, Sch. 1 para. 15; S.I. 1992/1286, art. 2, Sch.

F34 Words in entry inserted (1.1.1997) by S.I. 1996/1974, reg. 3, Sch. 1 para. 7(b)

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

F38 Entry in Sch. 1 inserted (8.11.2006) by Road Safety Act 2006 (c. 49) , ss. 58(6) , 61(9) (with s. 61(9)(b) )

F40 Entries in Sch. 1 Table repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1) , s. 83 , Sch. 8 ; S.I. 1992/1286 , art. 2 , Sch. , Appendix

F41 Sch. 1 entry in Table repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14

F44 Words in entry substituted (1.1.1997) by S.I. 1996/1974, reg. 3, Sch. 1 para. 7(e)

F46Words in Sch. 1 inserted (4.2.2011) by Road Safety Act 2006 (c. 49), ss. 22(5), 61(1)(10); S.I. 2011/19, art. 2(c)

F47 Words in Sch. 1 repealed (E.W.) (4.10.2004 for E., 26.10.2006 for W.) by Traffic Management Act 2004 (c. 18), s. 99(1), Sch. 12 Pt. 2; S.I. 2004/2380, art. 2(h); S.I. 2006/2826, art. 2(1)(2)(e)

F49 Word in Sch. 1 Table substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 22, Sch. 1 para. 17; S.I. 1992/1286, art. 2, Sch.

Section 9 etc.

SCHEDULE 2E+W+S Prosecution and Punishment of Offences

X2F51 Part IE+W+S Offences under the Traffic Acts

Editorial Information

X2Sch. 2 Pt. I: due to the large number of entries contained in Sch. 2 Pt. I and the frequency with which it has been amended, no separate versions are retained in respect of amendments coming into force after 27.06.1991 until 29.1.2004 or which are not yet in force. Historic information relating to all such amendments is reflected in the relevant retained versions.

Textual Amendments

F51Words in Sch. 2 Pt. I inserted (2.3.2015 for E.W., 1.3.2018 for S., 1.3.2018 for N.I.) by Crime and Courts Act 2013 (c. 22), ss. 56(4), 61(2) (with s. 56(5)(6)); S.I. 2014/3268, art. 2; S.I. 2018/161, art. 2; S.I. 2018/162, art. 2

Modifications etc. (not altering text)

C1Sch. 2 Pt. I modified (temp.) (8.11.2006) by Road Safety Act 2006 (c. 49), s. 61(1)(5) (with s. 61(3))

C2Sch. 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 5Contravention of traffic regulation order.Summarily.Level 3 on the standard scale.
RTRA section 8Contravention of order regulating traffic in Greater London.Summarily.Level 3 on the standard scale.
RTRA section 11Contravention of experimental traffic order.Summarily.Level 3 on the standard scale.
RTRA section 13Contravention of experimental traffic scheme in Greater London.Summarily.Level 3 on the standard scale.
RTRA section 16 (1)Contravention of temporary prohibition or restriction.Summarily.Level 3 on the standard scale.[F52Discretionary if committed in respect of a speed restriction.][F52Obligatory if committed in respect of a speed restriction.][F523-6 or 3 (fixed penalty)]
[F53RTRA section 16(C)(1).][F53Contravention of prohibition or restriction relating to relevant event.][F53Summarily.][F53Level 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.[F543-6 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
[F55RTRA section 30(5)][F55As above (Greater London).][F55Summarily.][F55Level 3 on the standard scale.][F55Discretionary if committed in respect of a motor vehicle.][F55Obligatory if committed in respect of a motor vehicle.][F552]
RTRA section [F5635A(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 [F5735A(2)][F58Misuse of apparatus for collecting charges or of parking device or connected apparatus]Summarily.Level 3 on the standard scale.
RTRA section [F5935A(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.[F603-6 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.
[F61RTRA section 105(6A)][F61Misuse of recognised badge (immobilisation devices).][F61Summarily.][F61Level 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 [F62;117(1)]Wrongful use of disabled person’s badge.Summarily.Level 3 on the standard scale.
[F63RTRA section 117(1A)][F63Wrongful use of recognised badge.][F63Summarily.][F63Level 3 on the standard scale.]
RTRA section 129 (3)Failure to give evidence at inquiry.Summarily.Level 3 on the standard scale.

Textual Amendments

F53 Entry in Sch. 2 Pt. I inserted (3.5.1994) by 1994 c. 11, s. 1(2).

F54 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 3; S.I. 1992/1286, art. 2, Sch.

F55 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.

F60 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 4; S.I. 1992/1286, art. 2, Sch.

F61Sch. 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)

F62Word 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)

F63Sch. 2 entry inserted (E.W.) (30.6.2005 for E., 30.3.2008 for W.) by Disability Discrimination Act 2005 (c. 13), s. 20(4), Sch. 1 para. 45(4); S.I. 2005/1676, art. 3(b); S.I. 2007/3285, art. 2(b)

Offences under the Road Traffic Act 1988
RTA section 1Causing death by [F64dangerous] driving.On indictment.[F6514 years]Obligatory.Obligatory.[F663-11]
[F67RTA section 1A] [F67Causing serious injury by dangerous driving.] [F67(a) Summarily.] [F67(a) 12 months or the statutory maximum or both.] [F67Obligatory.] [F67Obligatory.] [F673-11.]
[F67(b) On indictment.] [F67(b) 5 years or a fine or both.]
RTA section 2[F68 Dangerous] driving.(a) Summarily.(a) 6 months or the statutory maximum or both.(i) [F69Obligatory]Obligatory.(i) [F703-11]
(ii) [F69Obligatory](ii) [F703-11]
(b) On indictment.(b) 2 years or a fine or both.
[F71RTA section 2B][F71Causing death by careless, or inconsiderate, driving.][F71(a) Summarily.][F71(a) 12 months (in England and Wales) or 6 months (in Scotland) or the statutory maximum or both.][F71Obligatory.][F71Obligatory.][F713-11]
[F71(b) On indictment.][F71(b) 5 years or a fine or both.]
RTA section 3Careless, and inconsiderate, driving.Summarily.[F72Level 5] on the standard scale.Discretionary.Obligatory.3–9
[F73RTA section 3ZB][F73Causing death by driving: unlicensed, F74... or uninsured drivers.][F73(a) Summarily.][F73(a) 12 months (in England and Wales) or 6 months (in Scotland) or the statutory maximum or both.][F73Obligatory.][F73Obligatory.][F733-11]
[F73(b) On indictment.][F73(b) 2 years or a fine or both.]
[F75RTA section 3ZC][F75Causing death by driving: disqualified drivers] [F75On indictment] [F7510 years or a fine or both] [F75Obligatory] [F75Obligatory] [F753-11]
[F75RTA section 3ZD][F75Causing serious injury by driving: disqualified drivers][F75(a) Summarily][F75(a) On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.[F75Obligatory][F75Obligatory][F753-11]
[F75(b) On indictment][F75(b) 4 years or a fine or both]
[F76RTA section 3A][F76Causing death by careless driving when under influence of drink or drugs.][F76On indictment.] [F76[F7714 years] or a fine or both.][F76Obligatory.][F76Obligatory.][F763-11.]
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.[F783-11]
RTA section 4(2)Being in charge of a [F79mechanically 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.[F803-11]
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
[F51RTA section 5A(1)(a) and (2)] [F51Driving or attempting to drive with concentration of specified controlled drug above specified limit.] [F51Summarily.] [F51On 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.] [F51Obligatory.] [F51Obligatory.] [F513-11]
[F51RTA section 5A(1)(b) and (2)] [F51Being in charge of a motor vehicle with concentration of specified controlled drug above specified limit.] [F51Summarily.] [F51On 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.] [F51Discretionary.] [F51Obligatory.] [F5110]
RTA section 6[F81Failing to co-operate with a preliminary test]Summarily.Level 3 on the standard scale.Discretionary.Obligatory.4
RTA section 7Failing to provide specimen for analysis or laboratory test.Summarily.(a) Where the specimen was required to ascertain ability to drive or proportion of alcohol [F82or 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) [F833-11 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.
[F84RTA section 7A Failing to allow specimen to be subjected to laboratory testSummarily

(a) Where the test would be for ascertaining ability to drive or proportion of alcohol [F85or 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 12Motor racing and speed trials on public ways.Summarily.Level 4 on the standard scale.Obligatory.Obligatory.[F863-11]
RTA section 13Other unauthorised or irregular competitions or trials on public ways.Summarily.Level 3 on the standard scale.
RTA section 14Driving or riding in a motor vehicle in contravention of regulations requiring wearing of seat belts.Summarily.Level 2 on the standard scale.
RTA section 15(2)Driving motor vehicle with child in front not wearing seat belt [F87or 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.[F88Level 2] on the standard scale.
[F89RTA section 15A(3) or (4)] [F89 Selling etc. in certain circumstances equipment as conducive to the safety of children in motor vehicles.][F89Summarily.][F89Level 3 on the standard scale.]
[F90RTA section 15B][F90Failure to notify bus passengers of the requirement to wear seat belts.][F90Summarily.][F90Level 4 on the standard scale.]
RTA section 16Driving or riding motor cycles in contravention of regulations requiring wearing of protective headgear.Summarily.Level 2 on the standard scale.
RTA section 17Selling, etc., helmet not of the prescribed type as helmet for affording protection for motor cyclists.Summarily.Level 3 on the standard scale.
RTA section 18(3)Contravention of regulations with respect to use of head-worn appliances on motor cycles.Summarily.Level 2 on the standard scale.
RTA section 18(4)Selling, etc., appliance not of prescribed type as approved for use on motor cycles.Summarily.Level 3 on the standard scale.
RTA section 19Prohibition of parking of heavy commercial vehicles on verges, etc.Summarily.Level 3 on the standard scale.
[F91RTA section 19A] [F91 Prohibition of parking of vehicles other than heavy commercial vehicles on verges, etc.][F91Summarily][F91Level 3 on the standard scale.]
RTA section 21Driving or parking on cycle track.Summarily.Level 3 on the standard scale.
RTA section 22Leaving vehicles in dangerous positions.Summarily.Level 3 on the standard scale.Discretionary if committed in respect of a motor vehicle.Obligatory if committed in respect of a motor vehicle.3
[F92RTA section 22A][F92Causing danger to road-users.][F92(a) Summarily.][F92(a) 6 months or the statutory maximum or both.] _ _ _
[F92(b) On indictment.][F92(b) 7 years or a fine or both.]
RTA section 23Carrying passenger on motor-cycle contrary to section 23.Summarily.Level 3 on the standard scale.Discretionary.Obligatory.[F933]
RTA section 24Carrying passenger on bicycle contrary to section 24.Summarily.Level 1 on the standard scale.
RTA section 25Tampering with motor vehicles.Summarily.Level 3 on the standard scale.
RTA section 26Holding or getting on to vehicle, etc., in order to be towed or carried.Summarily.Level 1 on the standard scale.
RTA section 27Dogs on designated roads without being held on lead.Summarily.Level 1 on the standard scale.
RTA section 28[F94 dangerous] cycling.Summarily.[F95Level 4] on the standard scale.
RTA section 29Careless, and inconsiderate, cycling.Summarily.[F96Level 3] on the standard scale.
RTA section 30Cycling when unfit through drink or drugs.Summarily.Level 3 on the standard scale.
RTA section 31Unauthorised or irregular cycle racing or trials of speed on public ways.Summarily.Level 1 on the standard scale.
RTA section 32Contravening prohibition on persons under 14 driving electrically assisted pedal cycles.Summarily.Level 2 on the standard scale.
RTA section 33Unauthorised motor vehicle trial on footpaths or bridleways.Summarily.Level 3 on the standard scale.
RTA section 34Driving [F97mechanically propelled] vehicles elsewhere than on roads.Summarily.Level 3 on the standard scale.
RTA section 35Failing to comply with traffic directions.SummarilyLevel 3 on the standard scale.Discretionary, if committed in respect of a motor vehicle by failure to comply with a direction of a constable [F98[F99, traffic officer] or traffic warden] [F98or traffic officer].Obligatory if committed as described in column 5.3
RTA section 36Failing to comply with traffic signs.SummarilyLevel 3 on the standard scale.Discretionary, if committed in respect of a motor vehicle by failure to comply with an indication given by a sign specified for the purposes of this paragraph in regulations under RTA section 36.Obligatory if committed as described in column 5.3
RTA section 37Pedestrian failing to stop when directed [F100by constable regulating traffic].Summarily.Level 3 on the standard scale.
[F101RTA section 40A] [F101 Using vehicle in dangerous condition etc.][F101Summarily.][F101(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.][F102(a) Obligatory if committed within three years of a previous conviction of the offender under section 40A.][F101Obligatory.][F1013]
[F101(b) Level 4 on the standard scale in any other case.][F102(b) Discretionary in any other case.]
[F101RTA section 41A][F101Breach of requirement as to brakes, steering-gear or tyres.][F101Summarily.][F101 (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.][F101 Discretionary.][F101Obligatory.][F1013]
[F101(b) Level 4 on the standard scale in any other case.]
[F101RTA section 41B][F101Breach of requirement as to weight: goods and passenger vehicles.][F101Summarily.][F101Level 5 on the standard scale .] _ _ _
[F103RTA section 41D] [F103 Breach of requirements as to control of vehicle, mobile telephones etc.][F103Summarily.]

[F103(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.]

[F103Discretionary.][F103Obligatory.]

[F104(a) 3, in the case of an offence under section 41D(a).

(b) 6, in the case of an offence under section 41D(b).]

[F103(b) Level 3 on the standard scale in any other case.]

[F101RTA section 42][F101Breach of other construction and use requirements.][F101Summarily.][F101(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.] _ _
[F101Level 3 on the standard scale in any other case.] _ _
RTA section 47Using, etc., vehicle without required test certificate being in force. Summarily.(a) Level 4 on the standard scale in the case of a vehicle adapted to carry more than eight passengers.
(b) Level 3 on the standard scale in any other case.
Regulations under RTA section 49 made by virtue of section 51(2)Contravention of requirement of regulations (which is declared by regulations to be an offence) that driver of goods vehicle being tested be present throughout test or drive, etc., vehicle as and when directed.Summarily.Level 3 on the standard scale.
RTA section 53(1)Using, etc., goods vehicle without required plating certificate being in force.Summarily.Level 3 on the standard scale.
RTA section 53(2)Using, etc., goods vehicle without required goods vehicle test certificate being in force.Summarily.Level 4 on the standard scale.
RTA section 53(3)Using, etc., goods vehicle where Secretary of State is required by regulations under section 49 to be notified of an alteration to the vehicle or its equipment but has not been notified.Summarily.Level 3 on the standard scale.
Regulations under RTA section 61 made by virtue of subsection (4).Contravention of requirement of regulations (which is declared by regulations to be an offence) that driver of goods vehicle being tested after notifiable alteration be present throughout test and drive, etc., vehicle as and when directed.Summarily.Level 3 on the standard scale.
RTA section 63(1)Using, etc., goods vehicle without required certificate being in force showing that it complies with type approval requirements applicable to it.Summarily.Level 4 on the standard scale.
RTA section 63(2)Using, etc., certain goods vehicles for drawing trailer when plating certificate does not specify maximum laden weight for vehicle and trailer.Summarily.Level 3 on the standard scale.
RTA section 63(3)Using, etc., goods vehicle where Secretary of State is required to be notified under section 59 of alteration to it or its equipment but has not been notified.Summarily.Level 3 on the standard scale.
RTA section 64Using goods vehicle with unauthorised weights as well as authorised weights marked on it.Summarily.Level 3 on the standard scale.
F105. . .F105. . .F105. . .F105. . .
RTA section 65Supplying vehicle or vehicle part without required certificate being in force showing that it complies with type approval requirements applicable to it.Summarily.Level 5 on the standard scale.
[F106RTA section 65A] Light passenger vehicles [F107and motor cycles] not to be sold without EC certificate of conformity. Summarily. Level 5 on the standard scale.
[F108RTA section 66C(1)] [F108Impersonating a stopping officer etc. with intent to deceive] [F108Summarily] [F108Level 5 on the standard scale]
[F108RTA section 66C(2)] [F108Resisting or wilfully obstructing a stopping officer] [F108Summarily] [F108One month or level 3 on the standard scale or both]
RTA section 67Obstructing testing of vehicle by examiner on road or failing to comply with requirements of RTA section 67 or Schedule 2.Summarily.Level 3 on the standard scale.
[F109RTA section 67A(including application by section 67B(4)).][F109Failure 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.][F109Summarily.][F109Level 3 on the standard scale.]
[F109RTA section 67B] [F109 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.][F109Summarily.][F109Level 3 on the standard scale.]
RTA section 68Obstructing inspection, etc., of [F110goods] vehicle by examiner or failing to comply with requirement to take [F110goods] vehicle for inspection.Summarily.Level 3 on the standard scale.
RTA section 71Driving, etc., [F110goods] 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 [F110goods] vehicle found overloaded.Summarily.Level 5 on the standard scale.
RTA section 74Contravention of regulations requiring goods vehicle operator to inspect, and keep records of inspection of, goods vehicles.Summarily.Level 3 on the standard scale.
RTA section 75Selling, etc., unroadworthy vehicle or trailer or altering vehicle or trailer so as to make it unroadworthy.Summarily.Level 5 on the standard scale.
RTA section 76(1)Fitting of defective or unsuitable vehicle parts.Summarily.Level 5 on the standard scale.
RTA section 76(3)Supplying defective or unsuitable vehicle parts.Summarily.Level 4 on the standard scale.
RTA section 76(8)Obstructing examiner testing vehicles to ascertain whether defective or unsuitable part has been fitted, etc.Summarily.Level 3 on the standard scale.
RTA section 77Obstructing examiner testing condition of used vehicles at sale rooms, etc.Summarily.Level 3 on the standard scale.
RTA section 78Failing to comply with requirement about weighing motor vehicle or obstructing authorised person.Summarily.Level 5 on the standard scale.
RTA section 81Selling, etc., pedal cycle in contravention of regulations as to brakes, bells, etc.Summarily.Level 3 on the standard scale.
RTA section 83Selling, etc., wrongly made tail lamps or reflectors.Summarily.Level 5 on the standard scale.
[F111RTA section 87(1)][F111Driving otherwise than in accordance with a licence.][F111Summarily.][F111Level 3 on the standard scale.][F111Discretionary in a case where the offender’s driving would not have been in accordance with any licence that could have been granted to him.][F111Obligatory in the case mentioned in column 5.][F1113-6]
RTA section 87(2)Causing or permitting a person to drive [F112otherwise than in accordance with] a licence.Summarily.Level 3 on the standard scale.
[F113RTA section 92(7C)][F113Failure to deliver licence revoked by virtue of section 92(7A) F114... to Secretary of State.][F113Summarily.][F113Level 3 on the standard scale.]
[F115RTA section 92(10)][F115Driving after making false declaration as to physical fitness.][F115Summarily.][F115Level 4 on the standard scale.][F115Discretionary.][F115Obligatory.][F1153-6]
[F113RTA section 93(3)][F113Failure to deliver revoked licence F116... to Secretary of State.][F113Summarily.][F113Level 3 on the standard scale.]
RTA [F117Section 94(3)]Failure to notify Secretary of State of onset of, or deterioration in, relevant or prospective disability [F118and that subsection as applied by RTA section 99D] [F119or 109C].Summarily.Level 3 on the standard scale.
[F120RTA section 94(3A)] [F120 Driving after such a failure] [F118 and that subsection as applied by RTA section 99D(b)] [F121or 109C(c)][F120Summarily.][F120Level 3 on the standard scale.][F120Discretionary.][F120Obligatory.][F1203-6]
[F120RTA section 94A][F120Driving after refusal of licence under section 92(3)][F122, revocation under section 93 or service of a notice under section 99C ] [F123or 109B][F120Summarily.][F1206 months or level 5 on the standard scale or both.][F120Discretionary.][F120Obligatory.][F1203-6]
RTA section 96Driving with uncorrected defective eyesight, or refusing to submit to test of eyesight.Summarily.Level 3 on the standard scale.Discretionary.Obligatory.[F1243]
[F125RTA section 97][F125Failing to comply with any conditions prescribed for driving under provisional licence.][F125Summarily.][F125Level 3 on the standard scale.][F125Discretionary.][F125Obligatory.][F125 2]
[F125RTA section 98][F125Failing to comply with any conditions prescribed for driving under provisional licence where conditions applicable to driving under full licence.][F125Summarily.][F125Level 3 on the standard scale.][F125Discretionary.][F125Obligatory.][F1252]
RTA section 99 [F126(5)]Driving licence holder failing [F127to surrender licence F128...].Summarily.Level 3 on the standard scale.
[F129RTA section 99B(11)] [F129Driving after failing to comply with a requirement under section 99B(7) or (10)] [F129Summarily] [F129Level 3 on the standard scale]'''
[F118RTA section 99(C)(4)][F118Failure to deliver Community licence to Secretary of State when required by notice under section 99C.][F118Summarily.][F118Level 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.[F1306]
(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.
F131. . .F131. . .F131. . .F131. . .
[F132RTA section 109B(4)][F132Failure to deliver Northern Ireland licence to Secretary of State when required by notice under section 109B.][F132Summarily.][F132Level 3 on the standard scale.]
F133 . . . . . . . .
F133 . . . . . . . .
[F134RTA section 114] [F134 Failing to comply with conditions of LGV] [F122 PCV licence or LGV Community licence [F135 and counterpart] , or causing or permitting person under 21 to drive LGV or PCV in contravention of such conditions.][F134Summarily.][F134Level 3 on the standard scale.]
[F118RTA section 115A(4),] [F118 Failure to deliver LGV or PCV Community licence when required by notice under section 115A.][F118Summarily. ][F118Level 3 on the standard scale.]
[F134RTA section 118] [F134 Failing to surrender revoked or suspended LGV or PCV licence F136....][F134Summarily.][F134Level 3 on the standard scale.]
Regulations made by virtue of RTA [F137section 120(5)]Contravention of provision of regulations (which is declared by regulations to be an offence) about [F138LGV or PCV]drivers’ licences [F118or 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.
[F139RTA section [F140125(3B)]][F139Failure, on application [F141to be registered in respect of driving instruction], to notify Registrar of F142... relevant or prospective disability.][F139Summarily.][F139Level 3 on the standard scale.]
[F139RTA section 133C(4)][F139Failure by registered or licensed F143... driving instructor to notify Registrar of onset of, or deterioration in, relevant or prospective disability.][F139Summarily. ][F139Level 3 on the standard scale.]
[F139RTA section 133D][F139Giving of paid driving instruction by [F144persons required to hold emergency control certificates] or their employees without emergency control certificate or in unauthorised motor car.][F139Summarily.][F139Level 3 on the standard scale.]
RTA section 135Unregistered instructor using title or displaying badge, etc., prescribed for registered instructor, or employer using such title, etc., in relation to his unregistered instructor or issuing misleading advertisement, etc.Summarily.Level 4 on the standard scale.
RTA section 136Failure of instructor to surrender to Registrar certificate or licence.Summarily.Level 3 on the standard scale.
RTA section 137Failing to produce certificate of registration or licence as driving instructor.Summarily.Level 3 on the standard scale.
RTA section 143Using motor vehicle while uninsured or unsecured against third-party risks.Summarily.[F145Level 5]on the standard scale.Discretionary.Obligatory.6–8
[F146RTA section 144A] [F146Keeping vehicle which does not meet insurance requirements.] [F146Summarily.] [F146Level 3 on the standard scale.]
RTA section 147Failing to surrender certificate of insurance or security to insurer on cancellation or to make statutory declaration of loss or destruction.Summarily.Level 3 on the standard scale.
RTA section 154Failing to give information, or wilfully making a false statement, as to insurance or security when claim made.Summarily.Level 4 on the standard scale.
[F147Regulations under RTA section 160 made by virtue of paragraph 2(1) of Schedule 2A] [F147Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting removal of or interference with immobilisation notice.] [F147Summarily.] [F147Level 2 on the standard scale.]
[F147Regulations under RTA section 160 made by virtue of paragraph 2(2) of Schedule 2A] [F147Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting removal or attempted removal of immobilisation device.] [F147Summarily.] [F147Level 3 on the standard scale.]
[F147Regulations under RTA section 160 made by virtue of paragraph 2(3) of Schedule 2A] [F147Contravention of provision of regulations (which is declared by regulations to be an offence) about display of disabled person's badge.] [F147Summarily.] [F147Level 3 on the standard scale.]
[F147Regulations under RTA section 160 made by virtue of paragraph 2(4) of Schedule 2A] [F147Contravention 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.]

[F147(a) Summarily.

(b) On indictment.]

[F147(a) The statutory maximum.

(b) 2 years or a fine or both.]

[F147Regulations under RTA section 160 made by virtue of paragraph 4 of Schedule 2A] [F147Contravention 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.]

[F147(a) Summarily.

(b) On indictment.]

[F147(a) The statutory maximum.

(b) 2 years or a fine or both.]

RTA section 163Failing to stop motor vehicle or cycle when required [F100by constable].Summarily.[F148(a) Level 5 on the standard scale if committed by a person driving a mechanically propelled vehicle.]
[F148(b) Level 3 on the standard scale if committed by a person riding a cycle.]
RTA section 164Failing to produce driving licence F149... 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 [F150constable] certain names and addresses or to produce certain documents.Summarily.Level 3 on the standard scale.
RTA section 168Refusing to give, or giving false, name and address in case of reckless, careless or inconsiderate driving or cycling.Summarily.Level 3 on the standard scale.
RTA section 169Pedestrian failing to give constable his name and address after failing to stop when directed by constable controlling traffic.Summarily.Level 1 on the standard scale.
RTA section 170(4)Failing to stop after accident and give particulars or report accident.Summarily.[F151Six months or level 5 on the standard scale or both]Discretionary.Obligatory.[F1525-10]
RTA section 170(7)Failure by driver, in case of accident involving injury to another, to produce evidence of insurance or security or to report accident.Summarily.Level 3 on the standard scale.
RTA section 171Failure by owner of motor vehicle to give police information for verifying compliance with requirement of compulsory insurance or security.Summarily.Level 4 on the standard scale.
RTA section 172Failure of person keeping vehicle and others to give police information as to identity of driver, etc., in the case of certain offences.Summarily.Level 3 on the standard scale.[F153 Discretionary, if committed otherwise than by virtue of subsection (5) or (11).][F153Obligatory, if committed otherwise than by virtue of subsection (5) or (11).][F1546]
RTA section 173Forgery, etc., of licences, F155[F118...test certificates, certificates of insurance and other documents and things.](a) Summarily.(a) The statutory maximum.
(b) On indictment.(b) 2 years.
RTA section 174Making certain false statements, etc., and withholding certain material information.[F156(a) Summarily[F156(a) 6 months or the statutory maximum or both
(b) On indictment](b) 2 years or a fine or both.]
RTA section [F157 175] [F157 175(1) ]Issuing false documents.Summarily.Level 4 on the standard scale.
[F158RTA section 175(2)][F159Falsely amending certificate of conformity.][F159Summarily.][F160Level 4 on the standard scale][F161 . . .]
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.[F162Obligatory.][F1628]
(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 [F163 equipment, protective helmet, appliance or information in defending proceedings under RTA section 15A,] 17 or 18(4) where no warranty given, or applying false warranty. Summarily.Level 3 on the standard scale.

Textual Amendments

F65Words 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)

F66 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26 , Sch. 2 para. 5(b); S.I. 1992/1286, art. 2, Sch.

F70 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 6(c); S.I. 1992/1286, art. 2, Sch.

F71 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)

F72Words 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)

F73 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)

F77Words 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)

F78 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para.8; S.I. 1992/1286, art. 2, Sch.

F79 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.

F80 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.

F82Words 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))

F83 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.

F84 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)

F85Words 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))

F86 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.

F88Words 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)

F93 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.

F95 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.

F96 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.

F97 Words in Sch. 2 Pt. I substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 67, 103(2), Sch. 7 para. 8

F98Words in Sch. 2 Pt. I substituted (E.W.) (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 13 para. 3

F99Words 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)

F100Words 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)

F101 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.

F102Words 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)

F103Words 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)

F105Words in Sch. 2 Pt. I omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 22(2)(b)

F106 Entry in Sch. 2 Pt. I inserted (1.1.1996) by S.I. 1992/3107, reg. 16, Sch. 2 para. 7

F107 Sch. 2 Pt. I: words in entry inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 5(3)

F110 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.

F111 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.

F112 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.

F117 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.

F118 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)

F120 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.

F122 Words in Sch. 2 Pt. I substituted (1.1.1997) by S.I. 1996/1974, reg. 3, Sch. 2 para. 8(c)(e)

F124 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.

F125 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.

F127 Words in Sch. 2 Pt. I substituted (1.7.1998) by S.I. 1998/1420, reg. 16(3)

F130 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.

F135 Words inserted by virtue of S.I. 1990/144, regs. 2(3), 3, Sch. 3 para. 3(5)(c)

F139 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.

F140Word 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)

F141Words 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)

F142Words 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)

F143Word 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)

F144Words 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)

F145 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.

F146Words 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)

F147Words 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)

F148Words 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)

F149Words in Sch. 2 Pt. I repealed (8.6.2015) by virtue of Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 63(3), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)

F150 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.

F154Figure 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)

F156 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)

F162 Entries in Sch. 2 Pt. I repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, 83, Sch. 2 para. 31, Sch. 8; S.I. 1992/1286, art. 2, Sch. Appendix.

Offences under this Act

Section 25 of this Act. Failing to give information as to date of birth or sex to court or to provide Secretary of State with evidence of date of birth, etc.Summarily.Level 3 on the standard scale.
Section 26 of this Act. Failing to produce driving licence F164... to court making order for interim disqualification [F165 on committal for sentence etc.]Summarily.Level 3 on the standard scale.
Section 27 of this Act. Failing to produce licence F166... 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.
[F167 . . .]
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.
[F168Section 90D(6) of this Act] [F168 Driving, etc. , vehicle in contravention of prohibition for failure to pay financial penalty deposit, etc.][F168Summarily.][F168Level 5 on the standard scale.]

F169...]

Textual Amendments

F169Sch. 2 Pt. I entries repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14

F61F62F63Part IIE+W+S Other offences

(1) Offence(2) Disqualification(3) Endorsement(4) Penalty points
Manslaughter or, in Scotland, culpable homicide by the driver of a motor vehicle.Obligatory.Obligatory.[F1703-11]
[F171An offence under section 35 of the Offences against the Person Act 1861 (furious driving).][F171Discretionary.][F171Obligatory if committed in respect of a mechanically propelled vehicle.][F1713-9]
[F172An 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.F173. . .F173. . .
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.F173. . .F173. . .
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.DiscretionaryF173. . .F173. . .

Textual Amendments

F170Words 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.

F171Words 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)

F172Entry 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

F173Entries in Sch. 2 Pt. II repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, 83, Sch. 2 para. 32(3), Sch.8; S.I. 1992/1286, art. 2,Sch.

Section 51.

SCHEDULE 3E+W Fixed Penalty Offences

Extent Information

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

F174 . . .

F174. . .F174. . .
F174. . .F174. . ..
F174. . .F174. . .
F174. . .F174. . .

Textual Amendments

F174 Entries repealed (1.9.1994) by 1994 c. 22, s. 65, Sch. 5 Pt. I

[F175Offences under the Transport Act 1968 (c.73)

Section 96(11) of the Transport Act 1968Contravention 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 ActUsing vehicle in contravention of requirements relating to installation, use or repair of recording equipment in accordance with [F176EU Tachographs Regulation]
Section 98(4) of that ActContravention 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:—

(i)

failing to comply with any requirement under section 99(1)(a); or

(ii)

obstructing an officer in exercise of powers under 99(2)(a) or 99(3).

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:—

(i)

failing to sign a hard copy of downloaded data when required to do so under section 99ZC(1); or

(ii)

obstructing an officer in exercise of powers under section 99ZF.

Section 99C of that ActFailure to comply with prohibition or direction in relation to driving vehicle.]

[F175Offence under the Road Traffic (Foreign Vehicles) Act 1972 (c.27)

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.]

Offence under the Greater London Council (General Powers) Act 1974 (c. xxiv)

Section 15 of the Greater London Council (General Powers) Act 1974. Parking vehicles on footways, verges, etc.

Offence under the Highways Act 1980 (c. 66)

Section 137 of the Highways Act 1980.Obstructing a highway, but only where the offence is committed in respect of a vehicle.

[F177Offence under the Public Passenger Vehicles Act 1981 (c.14)

Section 12(5) of the Public Passenger Vehicles Act 1981 Using public service vehicle on road except under PSV operators’ licence.]

Textual Amendments

Offences under the Road Traffic Regulation Act 1984 (c. 27)

RTRA section 5(1) Using a vehicle in contravention of a traffic regulation order outside Greater London.
RTRA section 8(1) Breach of traffic regulation order in Greater London.
RTRA section 11 Breach of experimental traffic order.
RTRA section 13 Breach of experimental traffic scheme regulations in Greater London.
RTRA section 16(1) Using a vehicle in contravention of temporary prohibition or restriction of traffic in case of execution of works, etc.
RTRA section 17(4) Wrongful use of special road.
RTRA section 18(3) Using a vehicle in contravention of provision for one-way traffic on trunk road.
RTRA section 20(5) Driving a vehicle in contravention of order prohibiting or restricting driving vehicles on certain classes of roads.
RTRA section 25(5) Breach of pedestrian crossing regulations, except an offence in respect of a moving motor vehicle [F178other 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) F179 Using a vehicle in contravention of a street playground order . . ..
F180 . . . F180 . . .
RTRA section [F181 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.

Textual Amendments

F178 Words in Sch. 3 substituted (1.8.1999) by S.I. 1999/1851, art. 2(3)(a)

F179 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.)

F180 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

[F182 Offences under the Road Transport (International Passenger Services) Regulations 1984 ( S.I. 1984/748 )

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 RegulationsUsing 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.]

Textual Amendments

F182 Entries in Sch. 3 inserted (31.3.2009) by Fixed Penalty Offences Order 2009 (S.I. 2009/483), art. 1, Sch. para. 3

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

[F183RTA section 3] [F183Driving 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.
[F184RTA 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.
[F185RTA section 18(3)][F185Breach 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.
[F186RTA section 24][F186Carrying more than one person on a pedal cycle.]
RTA section 34 Driving [F187mechanically 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.
[F188RTA section 40A] [F188 Using vehicle in dangerous condition etc.]
[F188RTA section 41A][F188Breach of requirement as to brakes, steering-gear or tyres.]
[F188RTA section 41B][F188Breach of requirement as to weight: goods and passenger vehicles.]
[F189RTA section 41D] [F189 Breach of requirement as to control of vehicle, mobile telephone etc.]
RTA section 42 [F190Breach of other construction and use requirements]
[F191RTA 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 [F192otherwise than in accordance with] requisite licence.
F193 . . . F193 . . .
RTA section 163 F194 Failure to stop vehicle on being so required ....

Textual Amendments

F183Words in Sch. 3 inserted (16.8.2013) by The Fixed Penalty Offences Order 2013 (S.I. 2013/1565), arts. 1, 3

F184 Entry in Sch. 3 inserted (1.4.1992) by S.I. 1992/345, art. 2

F185 Words in Sch. 3 inserted (1.12.2004) by Fixed Penalty Offences Order 2004 (S.I. 2004/2922), arts. 1, 2(2)

F186 Entry in Sch. 3 inserted (E.W.)(1.8.1999) by S.I. 1999/1851, art. 3(3)(a)

F187 Words in entry in Sch. 3 substituted (20.1.2001) by 2000 c. 37, ss. 67, 103(2), Sch. 7 para. 9

F189 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)

F193 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

F194 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)

[F195Offence under this Act

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.]

Textual Amendments

F195 Entries in Sch. 3 inserted (31.3.2009) by Fixed Penalty Offences Order 2009 (S.I. 2009/483), art. 1, Sch. para. 5

[F195Offences under the Goods Vehicles (Community Authorisations) Regulations 1992 (S.I. 1992/3077)

Regulation 3 of the Goods Vehicles (Community Authorisations) Regulations 1992Using goods vehicle without Community authorisation.
Regulation 7 of those RegulationsUsing vehicle under Community authorisation in contravention of conditions governing authorisation.]

F196 [Offences under the Vehicle Excise and Registration Act 1994 (c. 22)

F197. . .F197. . .
[F198Section 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.
[F199Section 43C of that Act][F199Using an incorrectly registered vehicle.]
[F200Section 59 of that Act][F200Failure to fix a prescribed registration mark to a vehicle in accordance with regulations made under section 23(4)(a) of that Act.]]

Textual Amendments

F196 Entry inserted (1.9.1994) by 1994 c. 22, s. 63, Sch. 3 para. 25(2)

F197Words in Sch. 3 omitted (1.10.2014) by virtue of Finance Act 2014 (c. 26), Sch. 19 paras. 21, 22

F200 Entry in Sch. 3 inserted (1.8.1999) by S.I. 1999/1851, art. 2(3)(b)

[F201Offence under the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)

Section 2(5) of the Goods Vehicles (Licensing of Operators) Act 1995Using goods vehicle on road for carriage of goods except under operator’s licence.]

Textual Amendments

F201 Entries in Sch. 3 inserted (31.3.2009) by Fixed Penalty Offences Order 2009 (S.I. 2009/483), art. 1, Sch. para. 7

[F201Offences under the Public Service Vehicles (Community Licences) Regulations 1999 (S.I. 1999/1322)

Regulation 3 of the Public Service Vehicles (Community Licences) Regulations 1999Using public service vehicle on road without Community licence.
Regulation 7 of those RegulationsUsing public service vehicle under Community licence in contravention of conditions governing use of licence.]

[F201Offences under the Road Transport (Passenger Vehicles Cabotage) Regulations 1999 (S.I. 1999/3413)

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 RegulationsDriver failing to produce Community licence on request when vehicle required to have licence on board.
Regulation 7(3) of those RegulationsDriver failing to produce control document on request when vehicle required to have control document on board.]

[F201Offence under the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007(S.I. 2007/605)

Regulation 11(7) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007Driver of relevant vehicle failing to produce on request evidence or document required to be carried under regulation 11(1), (3) or (5).]

[F202Offences under the Highways Act 1835 and the Roads (Scotland) Act 1984

Section 72 of the Highways Act 1835Driving on the footway
[F203Cycling on the footway]
Section 129(5) of the Roads (Scotland) Act 1984Driving on the footway]

Textual Amendments

F202 Entries in Sch. 3 inserted (1.8.1999) by S.I. 1999/1851, art. 2(3)(c)

F203 Entry in Sch. 3 inserted (E.W.)(1.8.1999) by S.I. 1999/1851, art. 3(3)(b)

[F204Offence under the HGV Road User Levy Act 2013 (c. 7)

Section 11 of the HGV Road User Levy Act 2013Using or keeping heavy goods vehicle if HGV road user levy not paid.]

Textual Amendments

F204Words 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

Extent Information

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

Section 51.

SCHEDULE 3 S Fixed Penalty Offences

Extent Information

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

F216 . . .

F216 . . . F216 . . .
F216 . . . F216 . . ..
F216 . . . F216 . . .
F216 . . . F216 . . .

Textual Amendments

F216 Entries repealed (1.9.1994) by 1994 c. 22, s. 65, Sch. 5 Pt. I

[F175Offences under the Transport Act 1968 (c.73)

Section 96(11) of the Transport Act 1968Contravention 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 ActUsing vehicle in contravention of requirements relating to installation, use or repair of recording equipment in accordance with [F176EU Tachographs Regulation]
Section 98(4) of that ActContravention 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:—

(i)

failing to comply with any requirement under section 99(1)(a); or

(ii)

obstructing an officer in exercise of powers under 99(2)(a) or 99(3).

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:—

(i)

failing to sign a hard copy of downloaded data when required to do so under section 99ZC(1); or

(ii)

obstructing an officer in exercise of powers under section 99ZF.

Section 99C of that ActFailure to comply with prohibition or direction in relation to driving vehicle.]

[F175 Offence under the Road Traffic (Foreign Vehicles) Act 1972 (c.27)

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.]

Offence under the Greater London Council (General Powers) Act 1974 (c. xxiv)

Section 15 of the Greater London Council (General Powers) Act 1974. Parking vehicles on footways, verges, etc.

Offence under the Highways Act 1980 (c. 66)

Section 137 of the Highways Act 1980.Obstructing a highway, but only where the offence is committed in respect of a vehicle.

[F177Offence under the Public Passenger Vehicles Act 1981 (c.14)

Section 12(5) of the Public Passenger Vehicles Act 1981 Using public service vehicle on road except under PSV operators’ licence.]

Textual Amendments

Offences under the Road Traffic Regulation Act 1984 (c. 27)

RTRA section 5(1) Using a vehicle in contravention of a traffic regulation order outside Greater London.
RTRA section 8(1) Breach of traffic regulation order in Greater London.
RTRA section 11 Breach of experimental traffic order.
RTRA section 13 Breach of experimental traffic scheme regulations in Greater London.
RTRA section 16(1) Using a vehicle in contravention of temporary prohibition or restriction of traffic in case of execution of works, etc.
RTRA section 17(4) Wrongful use of special road.
RTRA section 18(3) Using a vehicle in contravention of provision for one-way traffic on trunk road.
RTRA section 20(5) Driving a vehicle in contravention of order prohibiting or restricting driving vehicles on certain classes of roads.
RTRA section 25(5) Breach of pedestrian crossing regulations, except an offence in respect of a moving motor vehicle [F217other 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) F218 Using a vehicle in contravention of a street playground order . . ..
F219 . . . F219 . . .
RTRA section [F220 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.

Textual Amendments

F217 Words in Sch. 3 substituted (1.8.1999) by S.I. 1999/1851, art. 2(3)(a)

F218 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.)

F219 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

[F182 Offences under the Road Transport (International Passenger Services) Regulations 1984 (S.I. 1984/748)

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 RegulationsUsing 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.]

Textual Amendments

F182 Entries in Sch. 3 inserted (31.3.2009) by Fixed Penalty Offences Order 2009 (S.I. 2009/483), art. 1, Sch. para. 3

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

[F183RTA section 3][F183Driving 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.
[F221RTA 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.
[F185RTA section 18(3)][F185Breach 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.
[F222RTA section 40A] [F222 Using vehicle in dangerous condition etc.]
[F222RTA section 41A][F222Breach of requirement as to brakes, steering-gear or tyres.]
[F222RTA section 41B][F222Breach of requirement as to weight: goods and passenger vehicles.]
[F189RTA section 41D] [F189 Breach of requirement as to control of vehicle, mobile telephone etc.]
RTA section 42 [F223Breach of other construction and use requirements]
[F191RTA 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 [F224otherwise than in accordance with] requisite licence.
F225 . . . F225 . . .
RTA section 163 Failure to stop vehicle on being so required by constable in uniform.

Textual Amendments

F183Words in Sch. 3 inserted (16.8.2013) by The Fixed Penalty Offences Order 2013 (S.I. 2013/1565), arts. 1, 3

F185 Words in Sch. 3 inserted (1.12.2004) by Fixed Penalty Offences Order 2004 (S.I. 2004/2922), arts. 1, 2(2)

F189 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)

F221 Entry in Sch. 3 inserted (1.4.1992) by S.I. 1992/345, art. 2

F225 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

[F195Offence under this Act

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.]

Textual Amendments

F195 Entries in Sch. 3 inserted (31.3.2009) by Fixed Penalty Offences Order 2009 (S.I. 2009/483), art. 1, Sch. para. 5

[F195Offences under the Goods Vehicles (Community Authorisations) Regulations 1992 (S.I. 1992/3077)

Regulation 3 of the Goods Vehicles (Community Authorisations) Regulations 1992Using goods vehicle without Community authorisation.
Regulation 7 of those RegulationsUsing vehicle under Community authorisation in contravention of conditions governing authorisation.]

F226 [Offences under the Vehicle Excise and Registration Act 1994 (c. 22)

F197. . .F197. . .
[F198Section 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.
[F199Section 43C of that Act][F199Using an incorrectly registered vehicle.]
[F227Section 59 of that Act][F227Failure to fix a prescribed registration mark to a vehicle in accordance with regulations made under section 23(4)(a) of that Act.]]

Textual Amendments

F197Words in Sch. 3 omitted (1.10.2014) by virtue of Finance Act 2014 (c. 26), Sch. 19 paras. 21, 22

F226 Entry inserted (1.9.1994) by 1994 c. 22, s. 63, Sch. 3 para. 25(2)

F227 Entry in Sch. 3 inserted (1.8.1999) by S.I. 1999/1851, art. 2(3)(b)

[F201Offence under the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)

Section 2(5) of the Goods Vehicles (Licensing of Operators) Act 1995Using goods vehicle on road for carriage of goods except under operator’s licence.]

Textual Amendments

F201 Entries in Sch. 3 inserted (31.3.2009) by Fixed Penalty Offences Order 2009 (S.I. 2009/483), art. 1, Sch. para. 7

[F201Offences under the Public Service Vehicles (Community Licences) Regulations 1999 (S.I. 1999/1322)

Regulation 3 of the Public Service Vehicles (Community Licences) Regulations 1999Using public service vehicle on road without Community licence.
Regulation 7 of those RegulationsUsing public service vehicle under Community licence in contravention of conditions governing use of licence.]

[F201Offences under the Road Transport (Passenger Vehicles Cabotage) Regulations 1999 (S.I. 1999/3413)

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 RegulationsDriver failing to produce Community licence on request when vehicle required to have licence on board.
Regulation 7(3) of those RegulationsDriver failing to produce control document on request when vehicle required to have control document on board.]

[F201Offence under the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007(S.I. 2007/605)

Regulation 11(7) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007Driver of relevant vehicle failing to produce on request evidence or document required to be carried under regulation 11(1), (3) or (5).]
[F228Offences under the Highways Act 1835 and the Roads (Scotland) Act 1984
Section 72 of the Highways Act 1835Driving on the footway
Section 129(5) of the Roads (Scotland) Act 1984Driving on the footway]

Textual Amendments

F228 Entries in Sch. 3 inserted (1.8.1999) by S.I. 1999/1851, art. 2(3)(c)

[F204Offence under the HGV Road User Levy Act 2013 (c. 7)

Section 11 of the HGV Road User Levy Act 2013Using or keeping heavy goods vehicle if HGV road user levy not paid.]

Textual Amendments

F204Words 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 68.

SCHEDULE 4E+W+S Statutory Statements

Part IE+W+S Statutory Statement of Ownership or Hiring

1(1)For the purposes of Part III of this Act, a statutory statement of ownership is a statement on an official form signed by the person providing it and stating whether he was the owner of the vehicle at the time of the alleged offence and, if he was not the owner of the vehicle at that time, whether—E+W+S

(a)he was never the owner, or

(b)he ceased to be the owner before, or became the owner after, that time,

and in a case within paragraph (b) above, stating, if the information is in his possession, the name and address of the person to whom, and the date on which, he disposed of the vehicle or (as the case may be) the name and address of the person from whom, and the date on which, he acquired it.

(2)An official form for a statutory statement of ownership shall—

(a)indicate that the person providing the statement in response to a notice to owner relating to an offence may give notice requesting a hearing in respect of the offence in the manner specified in the form, and

(b)direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) below in any official form for a statutory statement of facts.

2(1)For the purposes of Part III of this Act, a statutory statement of hiring is a statement on an official form, signed by the person providing it, being a person by whom a statement of liability was signed, and stating—E+W+S

(a)whether at the time of the alleged offence the vehicle was let to him under the hiring agreement to which the statement of liability refers, and

(b)if it was not, the date on which he returned the vehicle to the possession of the vehicle-hire firm concerned.

(2)An official form for a statutory statement of hiring shall—

(a)indicate that the person providing the statement in pursuance of a notice relating to an offence served under section 63 of this Act by virtue of section 66 of this Act may give notice requesting a hearing in respect of the offence in the manner specified in the form, and

(b)direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) below in any official form for a statutory statement of facts.

(3) In sub-paragraph (1) above “ statement of liability ”, “ hiring agreement ” and “ vehicle-hire firm ” have the same meanings as in section 66 of this Act.

Part IIE+W+S Statutory Statement of Facts

3(1)For the purposes of Part III of this Act, a statutory statement of facts is a statement on an official form, signed by the person providing it, which—E+W+S

(a)states that the person providing it was not the driver of the vehicle at the time of the alleged offence, and

(b)states the name and address at the time when the statement is provided of the person who was the driver of the vehicle at the time of the alleged offence.

(2)A statutory statement of facts has effect as a notice given by the driver requesting a hearing in respect of the offence if it is signed by the person identified in the statement as the driver of the vehicle at the time of the alleged offence.

(3)An official form for a statutory statement of facts shall indicate—

(a)that if a person identified in the statement as the driver of the vehicle at the time of the alleged offence signs the statement he will be regarded as having given notice requesting a hearing in respect of the offence,

(b)that the person on whom the notice to owner relating to the offence is served may not give notice requesting a hearing in respect of the offence on his own account if he provides a statutory statement of facts signed by a person so identified, and

(c)that if the fixed penalty is not paid before the end of the period stated in the notice to owner as the period for response to the notice, a sum determined by reference to that fixed penalty may be registered without any court hearing for enforcement as a fine against the person on whom the notice to owner is served, unless he has given notice requesting a hearing in respect of the offence,

but that, in a case within paragraph (c) above, the sum in question may not be so registered if the person on whom the notice to owner is served provides a statutory statement of facts as mentioned in paragraph (b) above until two months have elapsed from the end of the period so stated without service of a summons or, in Scotland, complaint in respect of the offence on the person identified in that statement as the driver of the vehicle.

Section 75.

SCHEDULE 5E+W+S Scotland: Additional Offences Open to Conditional Offer

(1) Provision creating offence(2) General nature of offence
F205 . . .
F205 . . . F205 . . .

Textual Amendments

F205 Entry in Sch. 5 repealed (3.5.1994) by 1994 c. 9, s. 258, Sch. 26 Pt. I

Offence under the Road Traffic Regulation Act 1984 (c. 27)
Section 53(6) of the Road Traffic Regulation Act 1984.Breach of provision of parking place designation order having effect by virtue of section 53(1)(b).
Offences under the Roads (Scotland) Act 1984 (c. 54)
Section 65(1) of the Roads (Scotland) Act 1984Conveying insecure load on drawn vehicle.
Section 65(2) of that ActPermitting child to drive drawn vehicle.
Section 95(1) of that 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 [F206otherwise 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 [F207when his licence is revoked, to surrender it F208... or], when his particulars become incorrect, to surrender licence F209... and give particulars.
[F210RTA section 110 ] [F210 Driving HGV without HGV driver’s licence or causing or permitting person to drive HGV without HGV driver’s licence. ]
RTA [F211section 112][F211section 114] Failure to comply with conditions of [F212HGV] [F212LGV or PCV ] driver’s licence or employing person under 21 to drive [F212HGV] [F212LGV or PCV ] in contravention of conditions of his licence.
Regulations under RTA [F213section 117][F213section 120(5)] Contravention of provisions of regulations about [F214HGV] [F214LGV or PCV ] drivers’ licences which is declared by the regulations to be an offence.
RTA section 136 Failure of driving instructor to surrender licence or certificate to Registrar when required.
RTA section 137 Failure to produce certificate of registration or licence as driving instructor.
RTA section 147 Failure to surrender certificate of insurance on cancellation or to make statutory declaration.
RTA section 164(8) Failure to furnish Secretary of State with evidence of date of birth, etc.
RTA section 165 Failure to give constable certain names and addresses or to produce certificate of insurance or certain test and other like documents or failure of person supervising learner driver to give constable certain names and addresses.
RTA section 169 Failure of pedestrian contravening section 37 to give name and address to constable.
RTA section 170 Failure of driver in accident involving injury to another to produce evidence of insurance or report the accident.

Textual Amendments

F213 Words “section 120(5)" substituted (1.4.1991) for “section 117" by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 30(c)(i)

Offence under this Act
Section 25(6) of this ActFailure to provide Secretary of State when required with evidence of date of birth.
F215...

Textual Amendments

F215 Sch. 5 entries repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources