Road Traffic Offenders Act 1988

1. Introductory Text

2. Part I Trial

   1. Introductory

      1. 1. Requirement of warning etc. of prosecutions for certain offences.

      2. 2. Requirement of warning etc: supplementary.

      3. 3. Restriction on institution of proceedings for certain offences.

      4. 4. Offences for which local authorities in England and Wales may institute proceedings.

      5. 5. Exemption from Licensing Act offence.

      6. 6. Time within which summary proceedings for certain offences must be commenced.

      7. 7. Duty of accused to provide licence.

      8. 8. Duty to include date of birth and sex in written plea of guilty.

   2. Trial

      1. 9. Mode of trial.

      2. 10. Jurisdiction of district court in Scotland.

      3. 11. Evidence by certificate as to driver, user or owner.

      4. 12. Proof, in summary proceedings, of identity of driver of vehicle.

      5. 13. Admissibility of records as evidence.

      6. 14. Use of records kept by operators of goods vehicles.

      7. 15. Use of specimens in proceedings for an offence under section 4 or 5 of the Road Traffic Act.

      8. 16. Documentary evidence as to specimens in such proceedings.

      9. 17. Provisions as to proceedings for certain offences in connection with the construction and use of vehicles and equipment.

      10. 18. Evidence by certificate as to registration of driving instructors and licences to give instruction.

      11. 19. Evidence of disqualification in Scotland.

      12. 20. Admissibility of measurement of speed by radar.

      13. 21. Proceedings in which evidence of one witness sufficient in Scotland.

      14. 22. Notification of disability.

   3. Verdict

      1. 23. Alternative verdicts in Scotland.

      2. 24. Alternative verdicts in England and Wales.

   4. After conviction

      1. 25. Information as to date of birth and sex.

      2. 26. Interim disqualification on committal for sentence in England and Wales.

3. Part II Sentence

   1. Introductory

      1. 27. Production of licence.

      2. 28. Penalty points to be attributed to an offence.

      3. 29. Penalty points to be taken into account on conviction.

      4. 30. Penalty points: modification where fixed penalty also in question.

      5. 31. Court may take particulars endorsed on licence into consideration.

      6. 32. In Scotland, court may take extract from licensing records into account.

   2. Fine and imprisonment

      1. 33. Fine and imprisonment.

   3. Disqualification

      1. 34. Disqualification for certain offences.

      2. 35. Disqualification for repeated offences.

      3. 36. Disqualification until test is passed.

      4. 37. Effect of order of disqualification.

      5. 38. Appeal against disqualification.

      6. 39. Suspension of disqualification pending appeal.

      7. 40. Power of appellate courts in England and Wales to suspend disqualification.

      8. 41. Power of High Court of Justiciary to suspend disqualification.

      9. 42. Removal of disqualification.

      10. 43. Rule for determining end of period of disqualification.

   4. Endorsement

      1. 44. Endorsement of licences.

      2. 45. Effect of endorsement.

   5. General

      1. 46. Combination of disqualification and endorsement with probation orders and orders for discharge.

      2. 47. Supplementary provisions as to disqualifications and endorsements.

      3. 48. Exemption from disqualification and endorsement for offences against construction and use regulations.

      4. 49. Offender escaping consequences of endorseable offence by deception.

      5. 50. Powers of district court in Scotland.

4. Part III Fixed Penalties

   1. Introductory

      1. 51. Fixed penalty offences.

      2. 52. Fixed penalty notices.

      3. 53. Amount of fixed penalty.

   2. Giving notices to suspected offenders

      1. 54. Notices on-the-spot or at a police station.

      2. 55. Effect of fixed penalty notice given under section 54.

      3. 56. Licence receipts.

      4. 57. Endorsement of licences without hearings.

      5. 58. Effect of endorsement without hearing.

      6. 59. Notification of court and date of trial in England and Wales.

      7. 60. Court procedure in Scotland.

      8. 61. Fixed penalty notice mistakenly given: exclusion of fixed penalty procedures.

   3. Notices fixed to vehicles

      1. 62. Fixing notices to vehicles.

      2. 63. Service of notice to owner if penalty not paid.

      3. 64. Enforcement or proceedings against owner.

      4. 65. Restrictions on proceedings against owner and others.

      5. 66. Hired vehicles.

      6. 67. False statements in response to notices to owner.

      7. 68. “Owner”, “statutory statement” and “official form”.

   4. The fixed penalty procedure

      1. 69. Payment of penalty.

      2. 70. Registration certificates.

      3. 71. Registration of sums payable in default.

      4. 72. Notices on-the-spot or at a police station: when registration and endorsement invalid.

      5. 73. Notices fixed to vehicles: when registration invalid.

      6. 74. Provisions supplementary to sections 72 and 73.

   5. Conditional offer of fixed penalty in Scotland

      1. 75. Conditional offer by procurator fiscal.

      2. 76. Effect of offer and payment of penalty.

      3. 77. Endorsement where penalty paid.

   6. Proceedings in fixed penalty cases

      1. 78. General restriction on proceedings.

      2. 79. Statements by constables.

      3. 80. Certificates about payment.

      4. 81. Documents signed by the accused.

   7. Miscellaneous

      1. 82. Accounting for fixed penalties: England and Wales.

      2. 83. Powers of court where clerk deceived.

      3. 84. Regulations.

      4. 85. Service of documents.

      5. 86. Functions of traffic wardens.

      6. 87. Guidance on application of Part III.

      7. 88. Procedure for regulations and orders.

      8. 89. Interpretation.

      9. 90. Index to Part III.

5. Part IV Miscellaneous and General

   1. 91. Penalty for breach of regulations.

   2. 92. Application to Crown.

   3. 93. Application of sections 15 and 16 to persons subject to service discipline.

   4. 94. Proceedings in respect of offences in connection with Crown vehicles.

   5. 95. Destination of Scottish fines.

   6. 96. Meaning of “offence involving obligatory endorsement”.

   7. 97. Meaning of “offence involving obligatory disqualification” and “offence involving discretionary disqualification”.

   8. 98. General interpretation.

   9. 99. Short title, commencement and extent.

6. 1. Schedule 1

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

   2. Schedule 2

      Prosecution and punishment of offences.

      1. Part I Offences under the Traffic Acts.

      2. Part II Other offences.

   3. Schedule 3

      Fixed penalty offences.

   4. Schedule 4

      Statutory statements.

      1. Part I Statutory statement of ownership or hiring.

      2. Part II Statutory statement of facts.

   5. Schedule 5

      Scotland: Additional offences open to conditional offer.