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Road Traffic Offenders Act 1988

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This is the original version (as it was originally enacted).

3Restriction on institution of proceedings for certain offences

(1)Proceedings for an offence under section 110 or 112(6) of the [1988 c. 52.] Road Traffic Act 1988 (driving, or causing or permitting another to drive, an HGV without an HGV driver’s licence, or failing to comply with conditions of such a licence) shall not be instituted in England and Wales except—

(a)by or on behalf of the Director of Public Prosecutions, or

(b)by a person authorised in that behalf by a traffic commissioner (within the meaning of the [1981 c. 14.] Public Passenger Vehicles Act 1981), a chief officer of police or the council of a county or county district.

(2)In England and Wales, proceedings for an offence under section 94(3) of the Road Traffic Act 1988 (notice about relevant or prospective disability) shall not be instituted except by the Secretary of State or by a constable acting with the approval of the Secretary of State.

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