SCHEDULE 1 Offences to which sections 1, 6, 11 and 12(1) apply
1
(1)
Where section 1, 6, 11 or 12(1) of this Act is shown in column 3 of this Schedule against a provision of the M1Road Traffic Act 1988 specified in column 1, the section in question applies to an offence under that provision.
(2)
The general nature of the offence is indicated in column 2.
F11A
Section 1 also applies to—
(a)
an offence under section 16 of the Road Traffic Regulation Act 1984 consisting in the contravention of a restriction on the speed of vehicles imposed under section 14 of that Act,
(b)
an offence under subsection (4) of section 17 of that Act consisting in the contravention of a restriction on the speed of vehicles imposed under that section, and
(c)
an offence under section 88(7) or 89(1) of that Act (speeding offences).
2
Section 6 also applies—
(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), F4. . .
3
Section 11 also applies to—
(a)
any offence to which section 112 of the M2Road Traffic Regulation Act 1984 (information as to identity of driver or rider) applies except an offence under section 61(5) of that Act,
(b)
any offence which is punishable under section 91 of this Act, F9and
F10(bb)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
any offence against any other enactment relating to the use of vehicles on roads.
4
Section 12(1) also applies to—
(a)
any offence which is punishable under section 91 of this Act, F11and
F12(aa)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
any offence against any other enactment relating to the use of vehicles on roads.
(1) Provision creating offence | (2) General nature of offence | (3) Applicable provisions of this Act |
---|---|---|
RTA section 1 | Causing death by F13dangerous driving. | Section 11 of this Act. |
F14RTA section 1A | F14Causing serious injury by dangerous driving. | F14Sections 11 and 12(1) of this Act. |
RTA section 2 | F13Dangerous driving. | Sections 1, 11 and 12(1) of this Act. |
F15RTA section 2B | F15Causing death by careless, or inconsiderate, driving. | F15Sections 11 and 12(1) of this Act. |
F16RTA section 2C | Causing serious injury by careless, or inconsiderate, driving | Sections 11 and 12(1) of this Act |
RTA section 3 | Careless, and inconsiderate, driving. | Sections 1, 11 and 12(1) of this Act. |
F17RTA section 3ZB | F17Causing death by driving: unlicensed F18... or uninsured drivers. | F17Sections 11 and 12(1) of this Act. |
F19RTA section 3ZC | F19Causing death by driving: disqualified drivers | F19Section 11 of this Act. |
F19section 3ZD | F19Causing serious injury by driving: disqualified drivers | F19Sections 11 and 12(1) of this Act. |
F20RTA section 3A | F20Causing death by careless driving when under influence of drink or drugs. | F20Section 11 of this Act. |
RTA section 4 | Driving or attempting to drive, or being in charge of a F21mechanically propelled vehicle, when unfit to drive through drink or drugs. | Sections 11 and 12(1) of this Act. |
RTA section 5 | Driving or attempting to drive, or being in charge of a motor vehicle, with excess alcohol in breath, blood or urine. | Sections 11 and 12(1) of this Act. |
F22RTA section 5A | F22Driving or attempting to drive, or being in charge of a motor vehicle, with concentration of specified controlled drug above specified limit. | F22Sections 11 and 12(1) of this Act. |
RTA section 6 | F23Failing to co-operate with a preliminary test | Sections 11 and 12(1) of this Act. |
RTA section 7 | Failing to provide specimen for analysis or laboratory test. | Sections 11 and 12(1) of this Act. |
F24RTA section 7A | Failing to allow specimen of blood to be subjected to laboratory test | Sections 11 and 12(1). |
RTA section 12 | Motor racing and speed trials. | Sections 11 and 12(1) of this Act. |
RTA section 14 | Driving or riding in a motor vehicle in contravention of regulations requiring wearing of seat belts. | Sections 11 and 12(1) of this Act. |
RTA section 15 | Driving motor vehicle with child not wearing seat belt F25or with child in a rear-facing child restraint in front seat with an active air bag. | Sections 11 and 12(1) of this Act. |
RTA section 19 | Prohibition of parking of heavy commercial vehicles on verges and footways. | Sections 11 and 12(1) of this Act. |
F26RTA section 19A | F26 Prohibition of parking of vehicles other than heavy commercial vehicles on verges, etc. | F26Sections 11 and 12 of this Act. |
RTA section 22 | Leaving vehicles in dangerous positions. | Sections 1, 11 and 12(1) of this Act. |
RTA section 23 | Carrying passenger on motor-cycle contrary to section 23. | Sections 11 and 12(1) of this Act. |
RTA section 24 | Carrying passenger on bicycle contrary to section 24. | Sections 11 and 12(1) of this Act. |
RTA section 25 | Tampering with motor vehicles. | Section 11 of this Act. |
RTA section 26(1) | Holding or getting onto vehicle in order to be carried. | Section 11 of this Act. |
RTA section 26(2) | Holding onto vehicle in order to be towed. | Sections 11 and 12(1) of this Act. |
RTA section 28 | F27Dangerous cycling. | Sections 1, 11 and 12(1) of this Act. |
RTA section 29 | Careless, and inconsiderate, cycling. | Sections 1, 11 and 12(1) of this Act. |
RTA section 30 | Cycling when unfit through drink or drugs. | Sections 11 and 12(1) of this Act. |
RTA section 31 | Unauthorised or irregular cycle racing, or trials of speed. | Sections 11 and 12(1) of this Act. |
RTA section 33 | Unauthorised motor vehicle trial on footpaths or bridleways. | Sections 11 and 12(1) of this Act. |
RTA section 34 | Driving motor vehicles elsewhere than on roads. | Sections 11 and 12(1) of this Act. |
RTA section 35 | Failing to comply with traffic directions. | Sections 1, 11 and 12(1) of this Act. |
RTA section 36 | Failing to comply with traffic signs. | Sections 1, 11 and 12(1) of this Act. |
F28RTA section 40A | F28 Using vehicle in dangerous condition etc. | F28Sections 11 and 12(1) of this Act. |
F28RTA section 41A | F28Breach of requirement as to brakes, steering-gear or tyres. | F28Sections 11 and 12(1) of this Act. |
F28RTA section 41B | F28Breach of requirement as to weight: goods and passenger vehicles. | F28Sections 11 and 12(1) of this Act. |
F29RTA section 41D. | F29 Breach of requirements as to control of vehicle, mobile telephones etc. | F29Sections 11 and 12(1) of this Act. |
RTA section 42 | F30Breach of other construction and use requirements | Sections 11 and 12(1) of this Act. |
RTA section 47 | Using, etc., vehicle without required test certificate being in force. | Sections 11 and 12(1) of this Act. |
RTA section 53 | Using, etc., goods vehicle without required plating certificate or goods vehicle test certificate being in force, or where Secretary of State is required by regulations under section 49 to be notified of an alteration to the vehicle or its equipment but has not been notified. | Sections 11 and 12(1) of this Act. |
RTA section 63 | Using, etc., vehicle without required certificate being in force showing that it, or a part fitted to it, complies with type approval requirements applicable to it, or using, etc., certain goods vehicles for drawing trailer when plating certificate does not specify maximum laden weight for vehicle and trailer, or using, etc., goods vehicle where Secretary of State has not been but is required to be notified under section 48 of alteration to it or its equipment. | Sections 11 and 12(1) of this Act. |
RTA section 71 | Driving, etc., F31. . .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 F31. . . vehicle found overloaded. | Sections 11 and 12(1) of this Act. |
RTA section 78 | Failing to comply with requirement about weighing motor vehicle or obstructing authorised person. | Sections 11 and 12(1) of this Act. |
RTA section 87(1) | Driving F32otherwise 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 F32otherwise than in accordance with a licence. | Section 11 of this Act. |
F33RTA section 92(10) | F33Driving after making false declaration as to physical fitness. | F33Sections 6, 11 and 12(1) of this Act. |
RTAF34Section 94(3)F35and that subsection as applied by RTA section 99DF36or 109C | Failure to notify the Secretary of State of onset of, or deterioration in, relevant or prospective disability. | Section 6 of this Act. |
F37RTA section 94(3A)F38 and that subsection as applied by RTA section 99D(b)F39or 109C(c) | F37Driving after such a failure. | F37Sections 6, 11 and 12(1) of this Act. |
F37RTA section 94A | F37Driving after refusal of licence under section 92(3) F40, revocation under section 93 or service of a notice under section 99CF41or 109B. | F37Sections 6, 11 and 12(1) of this Act. |
F42RTA section 99(5) | F42Driving licence holder failing to surrender licence F43.... | F42Section 6 of this Act. |
F44. . . | F44. . . | F44. . . |
F44. . . | F44. . . | F44. . . |
F45. . . | F45. . . | F45. . . |
F46RTA section 99B(11). | F46Driving after failing to comply with a requirement under section 99B(7) or (10) | F46Section 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. |
F47RTA section 114(1) | F47Failing to comply with conditions of LGVF48PCV licence or LGV Community licence. | F47Sections 11 and 12(1) of this Act. |
F47RTA section 114(2) | F47 Causing or permitting a person under 21 to drive LGV or PCV in contravention of conditions of that person’s licence. | F47Section 11 of this Act. |
F49RTA section 110(1) | F49 Driving HGV without HGV driver’s licence. | F49Sections 11 and 12(1) of this Act. |
F49RTA section 110(2) | F49 Causing or permitting person to drive HGV without HGV driver’s licence. | F49Section 11 of this Act. |
F49RTA section 112(6) | F49 Failing to comply with conditions of HGV driver’s licence. | F49Sections 11 and 12(1) of this Act. |
F49RTA section 112(7) | F49 Causing or permitting a person under 21 to drive HGV in contravention of conditions of HGV driver’s licence. | F49Section 11 of this Act. |
RTA section 143 | Using motor vehicle, or causing or permitting it to be used, while uninsured F50.... | Sections 6, 11 and 12(1) of this Act. |
F51RTA section 144A | F51Keeping vehicle which does not meet insurance requirements. | F51Sections 11 and 12(1) of this Act. |
RTA section 163 | Failing to stop vehicle when required | Sections 11 and 12(1) of this Act. |
RTA section 164(6) | Failing to produce driving licence F53... or to state date of birth. | Sections 11 and 12(1) of this Act. |
RTA section 165(3) | Failing to give constable certain names and addresses or to produce certificate of insurance or certain test and other like certificates. | Sections 11 and 12(1) of this Act. |
RTA section 165(6) | Supervisor of learner driver failing to give constable certain names and addresses. | Section 11 of this Act. |
RTA section 168 | Refusing to give, or giving false, name and address in case of reckless, careless or inconsiderate driving or cycling. | Sections 11 and 12(1) of this Act. |
RTA section 170 | Failure by driver to stop, report accident or give information or documents. | Sections 11 and 12(1) of this Act. |
RTA section 171 | Failure by owner of motor vehicle to give police information for verifying compliance with requirement of compulsory insurance F54.... | Sections 11 and 12(1) of this Act. |
X1RTA section 174(1) or F55(5) | Making false statements in connection with licences under this Act and with registration as an approved driving instructor; or making false statement or withholding material information in order to obtain the issue of insurance certificates, etc. | Section 6 of this Act. |
RTA section 175 | Issuing false documents F56falsely amending certificate of conformity. | Section 6 of this Act. |
SCHEDULE 2 Prosecution and Punishment of Offences
X2F57 Part I Offences under the Traffic Acts
(1) Provision creating offence | (2) General nature of offence | (3) Mode of prosecution | (4) Punishment | (5) Disqualification | (6) Endorsement | (7) Penalty points |
---|---|---|---|---|---|---|
Offences under the Road Traffic Regulation Act 1984 | ||||||
RTRA section 5 | Contravention of traffic regulation order. | Summarily. | Level 3 on the standard scale. | |||
RTRA section 8 | Contravention of order regulating traffic in Greater London. | Summarily. | Level 3 on the standard scale. | |||
RTRA section 11 | Contravention of experimental traffic order. | Summarily. | Level 3 on the standard scale. | |||
RTRA section 13 | Contravention of experimental traffic scheme in Greater London. | Summarily. | Level 3 on the standard scale. | |||
RTRA section 16 (1) | Contravention of temporary prohibition or restriction. | Summarily. | Level 3 on the standard scale. | F58Discretionary if committed in respect of a speed restriction. | F58Obligatory if committed in respect of a speed restriction. | F583-6 or 3 (fixed penalty) |
F59RTRA section 16(C)(1). | F59Contravention of prohibition or restriction relating to relevant event. | F59Summarily. | F59Level 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. | F603-6 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 |
F61RTRA section 30(5) | F61As above (Greater London). | F61Summarily. | F61Level 3 on the standard scale. | F61Discretionary if committed in respect of a motor vehicle. | F61Obligatory if committed in respect of a motor vehicle. | F612 |
RTRA section F6235A(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 F6335A(2) | F64Misuse of apparatus for collecting charges or of parking device or connected apparatus | Summarily. | Level 3 on the standard scale. | |||
RTRA section F6535A(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. | F663-6 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. | |||
F67RTRA section 105(6A) | F67Misuse of recognised badge (immobilisation devices). | F67Summarily. | F67Level 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 F68;117(1) | Wrongful use of disabled person’s badge. | Summarily. | Level 3 on the standard scale. | |||
F69RTRA section 117(1A) | F69Wrongful use of recognised badge. | F69Summarily. | F69Level 3 on the standard scale. | |||
RTRA section 129 (3) | Failure to give evidence at inquiry. | Summarily. | Level 3 on the standard scale. |
Offences under the Road Traffic Act 1988 | ||||||
RTA section 1 | Causing death by F70dangerous driving. | On indictment. | F71Imprisonment for life | Obligatory. | Obligatory. | F723-11 |
F73RTA section 1A | F73Causing serious injury by dangerous driving. | F73(a) Summarily. | F73(a) 12 months or the statutory maximum or bothF74; but in the application of this paragraph to England and Wales the reference to 12 months is to be read as a reference to the general limit in a magistrates’ court | F73Obligatory. | F73Obligatory. | F733-11. |
F73(b) On indictment. | F73(b) 5 years or a fine or both. | |||||
RTA section 2 | F75 Dangerous driving. | (a) Summarily. | (a) 6 months or the statutory maximum or both. | (i) F76Obligatory | Obligatory. | (i) F773-11 |
(ii) F76Obligatory | (ii) F773-11 | |||||
(b) On indictment. | (b) 2 years or a fine or both. | |||||
F78RTA section 2B | F78Causing death by careless, or inconsiderate, driving. | F78(a) Summarily. | F78(a) F79the general limit in a magistrates’ court (in England and Wales) or 6 months (in Scotland) or the statutory maximum or both. | F78Obligatory. | F78Obligatory. | F783-11 |
F78(b) On indictment. | F78(b) 5 years or a fine or both. | |||||
F80RTA section 2C | Causing serious injury by careless, or inconsiderate, driving | (a) Summarily | (a) On conviction in F81England and Wales: the general limit in a magistrates’ court or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both | Obligatory | Obligatory | 3-11 |
(b) On indictment | b) 2 years or a fine or both | |||||
RTA section 3 | Careless, and inconsiderate, driving. | Summarily. | F82Level 5 on the standard scale. | Discretionary. | Obligatory. | 3–9 |
F83RTA section 3ZB | F83Causing death by driving: unlicensed, F84... or uninsured drivers. | F83(a) Summarily. | F83(a) F79the general limit in a magistrates’ court (in England and Wales) or 6 months (in Scotland) or the statutory maximum or both. | F83Obligatory. | F83Obligatory. | F833-11 |
F83(b) On indictment. | F83(b) 2 years or a fine or both. | |||||
F85RTA section 3ZC | F85Causing death by driving: disqualified drivers | F85On indictment | F8510 years or a fine or both | F85Obligatory | F85Obligatory | F853-11 |
F85RTA section 3ZD | F85Causing serious injury by driving: disqualified drivers | F85(a) Summarily | F85(a) On conviction in F86England and Wales: the general limit in a magistrates’ court or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both. | F85Obligatory | F85Obligatory | F853-11 |
F85(b) On indictment | F85(b) 4 years or a fine or both | |||||
F87RTA section 3A | F87Causing death by careless driving when under influence of drink or drugs. | F87On indictment. | F87Obligatory. | F87Obligatory. | F873-11. | |
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. | F893-11 |
RTA section 4(2) | Being in charge of a F90mechanically 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. | F913-11 |
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 |
F57RTA section 5A(1)(a) and (2) | F57Driving or attempting to drive with concentration of specified controlled drug above specified limit. | F57Summarily. | F57On 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. | F57Obligatory. | F57Obligatory. | F573-11 |
F57RTA section 5A(1)(b) and (2) | F57Being in charge of a motor vehicle with concentration of specified controlled drug above specified limit. | F57Summarily. | F57On 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. | F57Discretionary. | F57Obligatory. | F5710 |
RTA section 6 | F92Failing to co-operate with a preliminary test | Summarily. | Level 3 on the standard scale. | Discretionary. | Obligatory. | 4 |
RTA section 7 | Failing to provide specimen for analysis or laboratory test. | Summarily. | (a) Where the specimen was required to ascertain ability to drive or proportion of alcohol F93or 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) F943-11 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. | ||||
F95RTA section 7A | Failing to allow specimen to be subjected to laboratory test | Summarily | (a) Where the test would be for ascertaining ability to drive or proportion of alcohol F96or proportion of a specified controlled drug at the time offender was driving or attempting to drive, 6 months or level 5 on the standard scale or both. (b) In any other case, 3 months or level 4 on the standard scale or both | (a) Obligatory in the case mentioned in column 4(a) (b) Discretionary in any other case | Obligatory | 3-11, in case ment-ioned in column 4(a) 10, in any other case. |
RTA section 12 | Motor racing and speed trials on public ways. | Summarily. | Level 4 on the standard scale. | Obligatory. | Obligatory. | F973-11 |
RTA section 13 | Other unauthorised or irregular competitions or trials on public ways. | Summarily. | Level 3 on the standard scale. | |||
RTA section 14 | Driving or riding in a motor vehicle in contravention of regulations requiring wearing of seat belts. | Summarily. | Level 2 on the standard scale. | |||
RTA section 15(2) | Driving motor vehicle with child in front not wearing seat belt F98or 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. | F99Level 2 on the standard scale. | |||
F100RTA section 15A(3) or (4) | F100 Selling etc. in certain circumstances equipment as conducive to the safety of children in motor vehicles. | F100Summarily. | F100Level 3 on the standard scale. | |||
F101RTA section 15B | F101Failure to notify bus passengers of the requirement to wear seat belts. | F101Summarily. | F101Level 4 on the standard scale. | |||
RTA section 16 | Driving or riding motor cycles in contravention of regulations requiring wearing of protective headgear. | Summarily. | Level 2 on the standard scale. | |||
RTA section 17 | Selling, etc., helmet not of the prescribed type as helmet for affording protection for motor cyclists. | Summarily. | Level 3 on the standard scale. | |||
RTA section 18(3) | Contravention of regulations with respect to use of head-worn appliances on motor cycles. | Summarily. | Level 2 on the standard scale. | |||
RTA section 18(4) | Selling, etc., appliance not of prescribed type as approved for use on motor cycles. | Summarily. | Level 3 on the standard scale. | |||
RTA section 19 | Prohibition of parking of heavy commercial vehicles on verges, etc. | Summarily. | Level 3 on the standard scale. | |||
F102RTA section 19A | F102 Prohibition of parking of vehicles other than heavy commercial vehicles on verges, etc. | F102Summarily | F102Level 3 on the standard scale. | |||
RTA section 21 | Driving or parking on cycle track. | Summarily. | Level 3 on the standard scale. | |||
RTA section 22 | Leaving vehicles in dangerous positions. | Summarily. | Level 3 on the standard scale. | Discretionary if committed in respect of a motor vehicle. | Obligatory if committed in respect of a motor vehicle. | 3 |
F103RTA section 22A | F103Causing danger to road-users. | F103(a) Summarily. | F103(a) 6 months or the statutory maximum or both. | _ | _ | _ |
F103(b) On indictment. | F103(b) 7 years or a fine or both. | |||||
RTA section 23 | Carrying passenger on motor-cycle contrary to section 23. | Summarily. | Level 3 on the standard scale. | Discretionary. | Obligatory. | F1043 |
RTA section 24 | Carrying passenger on bicycle contrary to section 24. | Summarily. | Level 1 on the standard scale. | |||
RTA section 25 | Tampering with motor vehicles. | Summarily. | Level 3 on the standard scale. | |||
RTA section 26 | Holding or getting on to vehicle, etc., in order to be towed or carried. | Summarily. | Level 1 on the standard scale. | |||
RTA section 27 | Dogs on designated roads without being held on lead. | Summarily. | Level 1 on the standard scale. | |||
RTA section 28 | F105 dangerous cycling. | Summarily. | F106Level 4 on the standard scale. | |||
RTA section 29 | Careless, and inconsiderate, cycling. | Summarily. | F107Level 3 on the standard scale. | |||
RTA section 30 | Cycling when unfit through drink or drugs. | Summarily. | Level 3 on the standard scale. | |||
RTA section 31 | Unauthorised or irregular cycle racing or trials of speed on public ways. | Summarily. | Level 1 on the standard scale. | |||
RTA section 32 | Contravening prohibition on persons under 14 driving electrically assisted pedal cycles. | Summarily. | Level 2 on the standard scale. | |||
RTA section 33 | Unauthorised motor vehicle trial on footpaths or bridleways. | Summarily. | Level 3 on the standard scale. | |||
RTA section 34 | Driving F108mechanically propelled vehicles elsewhere than on roads. | Summarily. | Level 3 on the standard scale. | |||
RTA section 35 | Failing to comply with traffic directions. | Summarily | Level 3 on the standard scale. | Discretionary, if committed in respect of a motor vehicle by failure to comply with a direction of a constable | Obligatory if committed as described in column 5. | 3 |
RTA section 36 | Failing to comply with traffic signs. | Summarily | Level 3 on the standard scale. | Discretionary, if committed in respect of a motor vehicle by failure to comply with an indication given by a sign specified for the purposes of this paragraph in regulations under RTA section 36. | Obligatory if committed as described in column 5. | 3 |
RTA section 37 | Pedestrian failing to stop when directed | Summarily. | Level 3 on the standard scale. | |||
F112RTA section 40A | F112 Using vehicle in dangerous condition etc. | F112Summarily. | F112(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. | F113(a) Obligatory if committed within three years of a previous conviction of the offender under section 40A. | F112Obligatory. | F1123 |
F112(b) Level 4 on the standard scale in any other case. | F113(b) Discretionary in any other case. | |||||
F112RTA section 41A | F112Breach of requirement as to brakes, steering-gear or tyres. | F112Summarily. | F112 (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. | F112 Discretionary. | F112Obligatory. | F1123 |
F112(b) Level 4 on the standard scale in any other case. | ||||||
F112RTA section 41B | F112Breach of requirement as to weight: goods and passenger vehicles. | F112Summarily. | F112Level 5 on the standard scale . | _ | _ | _ |
F114RTA section 41D | F114 Breach of requirements as to control of vehicle, mobile telephones etc. | F114Summarily. | F114(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. | F114Discretionary. | F114Obligatory. | F115(a) 3, in the case of an offence under section 41D(a). (b) 6, in the case of an offence under section 41D(b). |
F114(b) Level 3 on the standard scale in any other case. | ||||||
F112RTA section 42 | F112Breach of other construction and use requirements. | F112Summarily. | F112(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. | _ | _ | |
F112Level 3 on the standard scale in any other case. | _ | _ | ||||
RTA section 47 | Using, etc., vehicle without required test certificate being in force. | Summarily. | (a) Level 4 on the standard scale in the case of a vehicle adapted to carry more than eight passengers. | |||
(b) Level 3 on the standard scale in any other case. | ||||||
Regulations under RTA section 49 made by virtue of section 51(2) | Contravention of requirement of regulations (which is declared by regulations to be an offence) that driver of goods vehicle being tested be present throughout test or drive, etc., vehicle as and when directed. | Summarily. | Level 3 on the standard scale. | |||
RTA section 53(1) | Using, etc., goods vehicle without required plating certificate being in force. | Summarily. | Level 3 on the standard scale. | |||
RTA section 53(2) | Using, etc., goods vehicle without required goods vehicle test certificate being in force. | Summarily. | Level 4 on the standard scale. | |||
RTA section 53(3) | Using, etc., goods vehicle where Secretary of State is required by regulations under section 49 to be notified of an alteration to the vehicle or its equipment but has not been notified. | Summarily. | Level 3 on the standard scale. | |||
Regulations under RTA section 61 made by virtue of subsection (4). | Contravention of requirement of regulations (which is declared by regulations to be an offence) that driver of goods vehicle being tested after notifiable alteration be present throughout test and drive, etc., vehicle as and when directed. | Summarily. | Level 3 on the standard scale. | |||
RTA section 63(1) | Using, etc., goods vehicle without required certificate being in force showing that it complies with type approval requirements applicable to it. | Summarily. | Level 4 on the standard scale. | |||
RTA section 63(2) | Using, etc., certain goods vehicles for drawing trailer when plating certificate does not specify maximum laden weight for vehicle and trailer. | Summarily. | Level 3 on the standard scale. | |||
RTA section 63(3) | Using, etc., goods vehicle where Secretary of State is required to be notified under section 59 of alteration to it or its equipment but has not been notified. | Summarily. | Level 3 on the standard scale. | |||
RTA section 64 | Using goods vehicle with unauthorised weights as well as authorised weights marked on it. | Summarily. | Level 3 on the standard scale. | |||
F116. . . | F116. . . | F116. . . | F116. . . | |||
RTA section 65 | Supplying vehicle or vehicle part without required certificate being in force showing that it complies with type approval requirements applicable to it. | Summarily. | Level 5 on the standard scale. | |||
F117RTA section 65A | Light passenger vehicles F118and motor cycles not to be sold without EC certificate of conformity. | Summarily. | Level 5 on the standard scale. | |||
F119RTA section 66C(1) | F119Impersonating a stopping officer etc. with intent to deceive | F119Summarily | F119Level 5 on the standard scale | |||
F119RTA section 66C(2) | F119Resisting or wilfully obstructing a stopping officer | F119Summarily | F119One month or level 3 on the standard scale or both | |||
RTA section 67 | Obstructing testing of vehicle by examiner on road or failing to comply with requirements of RTA section 67 or Schedule 2. | Summarily. | Level 3 on the standard scale. | |||
F120RTA section 67A(including application by section 67B(4)). | F120Failure 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. | F120Summarily. | F120Level 3 on the standard scale. | |||
F120RTA section 67B | F120 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. | F120Summarily. | F120Level 3 on the standard scale. | |||
RTA section 68 | Obstructing inspection, etc., of F121goods vehicle by examiner or failing to comply with requirement to take F121goods vehicle for inspection. | Summarily. | Level 3 on the standard scale. | |||
RTA section 71 | Driving, etc., F121goods 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 F121goods vehicle found overloaded. | Summarily. | Level 5 on the standard scale. | |||
RTA section 74 | Contravention of regulations requiring goods vehicle operator to inspect, and keep records of inspection of, goods vehicles. | Summarily. | Level 3 on the standard scale. | |||
RTA section 75 | Selling, etc., unroadworthy vehicle or trailer or altering vehicle or trailer so as to make it unroadworthy. | Summarily. | Level 5 on the standard scale. | |||
RTA section 76(1) | Fitting of defective or unsuitable vehicle parts. | Summarily. | Level 5 on the standard scale. | |||
RTA section 76(3) | Supplying defective or unsuitable vehicle parts. | Summarily. | Level 4 on the standard scale. | |||
RTA section 76(8) | Obstructing examiner testing vehicles to ascertain whether defective or unsuitable part has been fitted, etc. | Summarily. | Level 3 on the standard scale. | |||
RTA section 77 | Obstructing examiner testing condition of used vehicles at sale rooms, etc. | Summarily. | Level 3 on the standard scale. | |||
RTA section 78 | Failing to comply with requirement about weighing motor vehicle or obstructing authorised person. | Summarily. | Level 5 on the standard scale. | |||
RTA section 81 | Selling, etc., pedal cycle in contravention of regulations as to brakes, bells, etc. | Summarily. | Level 3 on the standard scale. | |||
RTA section 83 | Selling, etc., wrongly made tail lamps or reflectors. | Summarily. | Level 5 on the standard scale. | |||
F122RTA section 87(1) | F122Driving otherwise than in accordance with a licence. | F122Summarily. | F122Level 3 on the standard scale. | F122Discretionary in a case where the offender’s driving would not have been in accordance with any licence that could have been granted to him. | F122Obligatory in the case mentioned in column 5. | F1223-6 |
RTA section 87(2) | Causing or permitting a person to drive F123otherwise than in accordance with a licence. | Summarily. | Level 3 on the standard scale. | |||
F124RTA section 92(7C) | F124Failure to deliver licence revoked by virtue of section 92(7A) F125... to Secretary of State. | F124Summarily. | F124Level 3 on the standard scale. | |||
F126RTA section 92(10) | F126Driving after making false declaration as to physical fitness. | F126Summarily. | F126Level 4 on the standard scale. | F126Discretionary. | F126Obligatory. | F1263-6 |
F124RTA section 93(3) | F124Failure to deliver revoked licence F127... to Secretary of State. | F124Summarily. | F124Level 3 on the standard scale. | |||
RTAF128Section 94(3) | Failure to notify Secretary of State of onset of, or deterioration in, relevant or prospective disability F129and that subsection as applied by RTA section 99DF130or 109C. | Summarily. | Level 3 on the standard scale. | |||
F131RTA section 94(3A) | F131 Driving after such a failureF129 and that subsection as applied by RTA section 99D(b)F132or 109C(c) | F131Summarily. | F131Level 3 on the standard scale. | F131Discretionary. | F131Obligatory. | F1313-6 |
F131RTA section 94A | F131Driving after refusal of licence under section 92(3)F133, revocation under section 93 or service of a notice under section 99C F134or 109B | F131Summarily. | F1316 months or level 5 on the standard scale or both. | F131Discretionary. | F131Obligatory. | F1313-6 |
RTA section 96 | Driving with uncorrected defective eyesight, or refusing to submit to test of eyesight. | Summarily. | Level 3 on the standard scale. | Discretionary. | Obligatory. | F1353 |
F136RTA section 97 | F136Failing to comply with any conditions prescribed for driving under provisional licence. | F136Summarily. | F136Level 3 on the standard scale. | F136Discretionary. | F136Obligatory. | F136 2 |
F136RTA section 98 | F136Failing to comply with any conditions prescribed for driving under provisional licence where conditions applicable to driving under full licence. | F136Summarily. | F136Level 3 on the standard scale. | F136Discretionary. | F136Obligatory. | F1362 |
RTA section 99 F137(5) | Driving licence holder failing F138to surrender licence F139.... | Summarily. | Level 3 on the standard scale. | |||
F140RTA section 99B(11) | F140Driving after failing to comply with a requirement under section 99B(7) or (10) | F140Summarily | F140Level 3 on the standard scale | ' | ' | ' |
F129RTA section 99(C)(4) | F129Failure to deliver Community licence to Secretary of State when required by notice under section 99C. | F129Summarily. | F129Level 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. | F1416 |
(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. | |||||
F142. . . | F142. . . | F142. . . | F142. . . | |||
F143RTA section 109B(4) | F143Failure to deliver Northern Ireland licence to Secretary of State when required by notice under section 109B. | F143Summarily. | F143Level 3 on the standard scale. | |||
F144 . . . . . . . . | ||||||
F144 . . . . . . . . | ||||||
F145RTA section 114 | F145 Failing to comply with conditions of LGVF133 PCV licence or LGV Community licence F146 and counterpart , or causing or permitting person under 21 to drive LGV or PCV in contravention of such conditions. | F145Summarily. | F145Level 3 on the standard scale. | |||
F129RTA section 115A(4), | F129 Failure to deliver LGV or PCV Community licence when required by notice under section 115A. | F129Summarily. | F129Level 3 on the standard scale. | |||
F145RTA section 118 | F145 Failing to surrender revoked or suspended LGV or PCV licence F147.... | F145Summarily. | F145Level 3 on the standard scale. | |||
Regulations made by virtue of RTAF148section 120(5) | Contravention of provision of regulations (which is declared by regulations to be an offence) about F149LGV or PCVdrivers’ licences F129or 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. | |||
F150Failure, on application F152to be registered in respect of driving instruction, to notify Registrar of F153... relevant or prospective disability. | F150Summarily. | F150Level 3 on the standard scale. | ||||
F150RTA section 133C(4) | F150Failure by registered or licensed F154... driving instructor to notify Registrar of onset of, or deterioration in, relevant or prospective disability. | F150Summarily. | F150Level 3 on the standard scale. | |||
F150RTA section 133D | F150Giving of paid driving instruction by F155persons required to hold emergency control certificates or their employees without emergency control certificate or in unauthorised motor car. | F150Summarily. | F150Level 3 on the standard scale. | |||
RTA section 135 | Unregistered instructor using title or displaying badge, etc., prescribed for registered instructor, or employer using such title, etc., in relation to his unregistered instructor or issuing misleading advertisement, etc. | Summarily. | Level 4 on the standard scale. | |||
RTA section 136 | Failure of instructor to surrender to Registrar certificate or licence. | Summarily. | Level 3 on the standard scale. | |||
RTA section 137 | Failing to produce certificate of registration or licence as driving instructor. | Summarily. | Level 3 on the standard scale. | |||
RTA section 143 | Using motor vehicle while uninsured F156.... | Summarily. | F157Level 5on the standard scale. | Discretionary. | Obligatory. | 6–8 |
F158RTA section 144A | F158Keeping vehicle which does not meet insurance requirements. | F158Summarily. | F158Level 3 on the standard scale. | |||
RTA section 147 | Failing to surrender certificate of insurance F159... to insurer on cancellation or to make statutory declaration of loss or destruction. | Summarily. | Level 3 on the standard scale. | |||
RTA section 154 | Failing to give information, or wilfully making a false statement, as to insurance F160... when claim made. | Summarily. | Level 4 on the standard scale. | |||
F161Regulations under RTA section 160 made by virtue of paragraph 2(1) of Schedule 2A | F161Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting removal of or interference with immobilisation notice. | F161Summarily. | F161Level 2 on the standard scale. | |||
F161Regulations under RTA section 160 made by virtue of paragraph 2(2) of Schedule 2A | F161Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting removal or attempted removal of immobilisation device. | F161Summarily. | F161Level 3 on the standard scale. | |||
F161Regulations under RTA section 160 made by virtue of paragraph 2(3) of Schedule 2A | F161Contravention of provision of regulations (which is declared by regulations to be an offence) about display of disabled person's badge. | F161Summarily. | F161Level 3 on the standard scale. | |||
F161Regulations under RTA section 160 made by virtue of paragraph 2(4) of Schedule 2A | F161Contravention 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. | F161(a) Summarily. (b) On indictment. | F161(a) The statutory maximum. (b) 2 years or a fine or both. | |||
F161Regulations under RTA section 160 made by virtue of paragraph 4 of Schedule 2A | F161Contravention 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. | F161(a) Summarily. (b) On indictment. | F161(a) The statutory maximum. (b) 2 years or a fine or both. | |||
RTA section 163 | Failing to stop motor vehicle or cycle when required | Summarily. | F162(a) Level 5 on the standard scale if committed by a person driving a mechanically propelled vehicle. | |||
F162(b) Level 3 on the standard scale if committed by a person riding a cycle. | ||||||
RTA section 164 | Failing to produce driving licence F163... 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 F164constable certain names and addresses or to produce certain documents. | Summarily. | Level 3 on the standard scale. | |||
RTA section 168 | Refusing to give, or giving false, name and address in case of reckless, careless or inconsiderate driving or cycling. | Summarily. | Level 3 on the standard scale. | |||
RTA section 169 | Pedestrian failing to give constable his name and address after failing to stop when directed by constable controlling traffic. | Summarily. | Level 1 on the standard scale. | |||
RTA section 170(4) | Failing to stop after accident and give particulars or report accident. | Summarily. | F165Six months or level 5 on the standard scale or both | Discretionary. | Obligatory. | F1665-10 |
RTA section 170(7) | Failure by driver, in case of accident involving injury to another, to produce evidence of insurance F167... or to report accident. | Summarily. | Level 3 on the standard scale. | |||
RTA section 171 | Failure by owner of motor vehicle to give police information for verifying compliance with requirement of compulsory insurance F168.... | Summarily. | Level 4 on the standard scale. | |||
RTA section 172 | Failure of person keeping vehicle and others to give police information as to identity of driver, etc., in the case of certain offences. | Summarily. | Level 3 on the standard scale. | F169 Discretionary, if committed otherwise than by virtue of subsection (5) or (11). | F169Obligatory, if committed otherwise than by virtue of subsection (5) or (11). | F1706 |
RTA section 173 | Forgery, etc., of licences, F171F129...test certificates, certificates of insurance and other documents and things. | (a) Summarily. | (a) The statutory maximum. | |||
(b) On indictment. | (b) 2 years. | |||||
RTA section 174 | Making certain false statements, etc., and withholding certain material information. | F172(a) Summarily | F172(a) 6 months or the statutory maximum or both | |||
(b) On indictment | (b) 2 years or a fine or both. | |||||
Issuing false documents. | Summarily. | Level 4 on the standard scale. | ||||
F174RTA section 175(2) | F175Falsely amending certificate of conformity. | F175Summarily. | F176Level 4 on the standard scale | F177 . . . | ||
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. | F178Obligatory. | F1788 |
(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 F179 equipment, protective helmet, appliance or information in defending proceedings under RTA section 15A, 17 or 18(4) where no warranty given, or applying false warranty. | Summarily. | Level 3 on the standard scale. |
Section 25 of this Act. | Failing to give information as to date of birth or sex to court or to provide Secretary of State with evidence of date of birth, etc. | Summarily. | Level 3 on the standard scale. |
Section 26 of this Act. | Failing to produce driving licence F180... to court making order for interim disqualification F181 on committal for sentence etc. | Summarily. | Level 3 on the standard scale. |
Section 27 of this Act. | F182Failing to produce licence to court when required to do so. | Summarily. | Level 3 on the standard scale. |
F183 . . . | |||
Section 62 of this Act. | Removing fixed penalty notice fixed to vehicle. | Summarily. | Level 2 on the standard scale. |
F184Failure to surrender licence to Secretary of State | F184Summarily | F184Level 3 on the standard scale | |
Section 67 of this Act. | False statement in response to notice to owner. | Summarily. | Level 5 on the standard scale. |
F185Section 90D(6) of this Act | F185 Driving, etc. , vehicle in contravention of prohibition for failure to pay financial penalty deposit, etc. | F185Summarily. | F185Level 5 on the standard scale. |
Part II Other offences
(1) Offence | (2) Disqualification | (3) Endorsement | (4) Penalty points |
---|---|---|---|
Manslaughter or, in Scotland, culpable homicide by the driver of a motor vehicle. | Obligatory. | Obligatory. | F1873-11 |
F188An offence under section 35 of the Offences against the Person Act 1861 (furious driving). | F188Discretionary. | F188Obligatory if committed in respect of a mechanically propelled vehicle. | F1883-9 |
F189An 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. | F190. . . | F190. . . |
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. | F190. . . | F190. . . |
An offence under section 25 of the Theft Act 1968 (going equipped for stealing, etc.) committed with reference to the theft or taking of motor vehicles. | Discretionary | F190. . . | F190. . . |
SCHEDULE 3 Fixed Penalty Offences
Section 2(1) | F193Contravention of any of the following provisions of the Royal Parks and Other Open Spaces Regulations 1997 (S.I. 1997/1639)— |
(i) regulation 3(9)(a) (failure to comply with a direction by a constable or notice exhibited by order of the Secretary of State), insofar as the contravention relates to the regulation or control of a pedal cycle; | |
(ii) regulation 3(10)(c) (use of certain vehicles in a manner that endangers or is likely to endanger any person), insofar as the contravention relates to use of a pedal cycle; | |
(iii) regulation 3(11) (use of a pedal cycle or driving or riding a vehicle between sunset and sunrise or in seriously reduced visibility unless adequately lit); | |
(iv) regulation 4(27) (driving or riding a trade vehicle); | |
(v) regulation 4(28) (exceeding speed limit); | |
(vi) regulation 4(30) (unauthorised waiting by a vehicle or leaving a vehicle unattended). |
Section 96(11) of the Transport Act 1968 | Contravention of any requirement of domestic drivers’ hours code |
Section 96(11A) of that Act | Contravention of any requirement of applicable Community rules as to periods of driving, etc. |
Section 97(1) of that Act | Using vehicle in contravention of requirements relating to installation, use or repair of recording equipment in accordance with F195EU Tachographs Regulation |
F196Section 97ZA(1) and (2) of that Act | Using vehicle in contravention of requirements relating to installation, use or repair or recording equipment in accordance with the AETR. |
Section 98(4) of that Act | Contravention of regulations made under section 98 or any requirement as to books, records or documents of applicable Community rules |
Section 99(4) of that Act | Failing to comply with requirements relating to inspection of records or obstructing an officer, but only insofar as the offence relates to:—
|
Section 99ZD(1) of that Act | Failing to comply with requirements relating to inspection of recording equipment or records (whether electronic or hard copy) made by or stored on recording equipment except where that offence is committed by:—
|
Section 99C of that Act | Failure to comply with prohibition or direction in relation to driving vehicle. |
Section 3(1) of the Road Traffic (Foreign Vehicles) Act 1972 | Driving, etc., foreign goods vehicle or foreign public service vehicle in contravention of prohibition etc. |
Section 15 of the Greater London Council (General Powers) Act 1974. | Parking vehicles on footways, verges, etc. |
Section 137 of the Highways Act 1980. | Obstructing a highway, but only where the offence is committed in respect of a vehicle. |
Section 12(5) of the Public Passenger Vehicles Act 1981 | Using public service vehicle on road except under PSVoperators’ licence. |
RTRAsection 5(1) | Using a vehicle in contravention of a traffic regulation order outside Greater London. |
RTRAsection 8(1) | Breach of traffic regulation order in Greater London. |
RTRAsection 11 | Breach of experimental traffic order. |
RTRAsection 13 | Breach of experimental traffic scheme regulations in Greater London. |
RTRAsection 16(1) | Using a vehicle in contravention of temporary prohibition or restriction of traffic in case of execution of works, etc. |
RTRAsection 17(4) | Wrongful use of special road. |
RTRAsection 18(3) | Using a vehicle in contravention of provision for one-way traffic on trunk road. |
RTRAsection 20(5) | Driving a vehicle in contravention of order prohibiting or restricting driving vehicles on certain classes of roads. |
RTRAsection 25(5) | Breach of pedestrian crossing regulations, except an offence in respect of a moving motor vehicle F198other than a contravention of regulations 23, 24, 25 and 26 of the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997. |
F199RTRA section 28(3) | Stopping of vehicles at school crossings. |
RTRAsection 29(3) | F200Using a vehicle in contravention of a street playground order . . .. |
F201. . . | F201. . . |
RTRAsection F20235A(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. |
RTRAsection 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. |
RTRAsection 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). |
RTRAsection 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). |
RTRAsection 88(7) | Driving a motor vehicle in contravention of an order imposing a minimum speed limit under section 88(1)(b). |
RTRAsection 89(1) | Speeding offences under RTRAand other Acts. |
Regulation 19(1) of the Road Transport (International Passenger Services) Regulations 1984 | Using vehicle for Community regulated carriage of passengers by road otherwise than in accordance with authorisation or certificate, etc. |
Regulation 19(2) of those Regulations | Using vehicle for ASOR regulated or Community regulated carriage of passengers by road without having correctly completed passenger waybill or without carrying top copy of waybill on vehicle throughout journey. |
F204RTA section 3 | F204Driving mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration. |
RTAsection 14 | Breach of regulations requiring wearing of seat belts. |
RTAsection 15(2) | Breach of restriction on carrying children in the front of vehicles. |
F205RTAsection 15(4) | Breach of restriction on carrying children in the rear of vehicles. |
RTAsection 16 | Breach of regulations relating to protective headgear for motor cycle drivers and passengers. |
F206RTAsection 18(3) | F206Breach of regulations relating to head-worn appliances (eye protectors) for use on motor cycles |
RTAsection 19 | Parking a heavy commercial vehicle on verge or footway. |
RTAsection 22 | Leaving vehicle in dangerous position. |
RTAsection 23 | Unlawful carrying of passengers on motor cycles. |
F207RTAsection 24 | F207Carrying more than one person on a pedal cycle. |
F208RTA section 26(2) | Holding on to vehicle in order to be towed, insofar as the contravention is committed while using a pedal cycle. |
RTA section 28(1) | Dangerous cycling. |
RTA section 29 | Careless and inconsiderate cycling. |
RTAsection 34 | Driving F209mechanically propelled vehicle elsewhere than on a road. |
RTAsection 35 | Failure to comply with traffic directions. |
RTAsection 36 | Failure to comply with traffic signs. |
F210RTAsection 40A | F210Using vehicle in dangerous condition etc. |
F210RTAsection 41A | F210Breach of requirement as to brakes, steering-gear or tyres. |
F210RTAsection 41B | F210Breach of requirement as to weight: goods and passenger vehicles. |
F211RTAsection 41D | F211Breach of requirement as to control of vehicle, mobile telephone etc. |
RTAsection 42 | F212Breach of other construction and use requirements |
F213RTA section 47 | F213Using, etc, vehicle without required test certificate being in force |
F214RTAsection 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. |
RTAsection 87(1) | Driving vehicle F215otherwise than in accordance with requisite licence. |
F216RTA section 143 | |
F218. . . | F218. . . |
RTAsection 163 | F219Failure to stop vehicle on being so required .... |
F220RTA section 172 | F220Failure of person keeping vehicle and others to give the police information as to identity of driver, etc, in the case of certain offences |
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. |
F222Section 91 | Contravention of either of the following provisions of the Road Vehicles Lighting Regulations 1989 (S.I.1989/1796)— |
(i) regulation 24(1)(a)(i) (use of lamps between sunset and sunrise), insofar as the contravention relates to use of a pedal cycle; | |
(ii) regulation 27 (use of lamps so as to cause undue dazzle or discomfort to other persons using the road), insofar as the contravention relates to entry 1 or 2 in the table in that regulation. |
Regulation 3 of the Goods Vehicles (Community Authorisations) Regulations 1992 | Using goods vehicle without Community authorisation. |
Regulation 7 of those Regulations | Using vehicle under Community authorisation in contravention of conditions governing authorisation. |
F224. . . | F224. . . |
F225Section 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. |
F226Section 43C of that Act | F226Using 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.] |
Section 2(5) of the Goods Vehicles (Licensing of Operators) Act 1995 | Using goods vehicle on road for carriage of goods except under operator’s licence. |
Regulation 3 of the Public Service Vehicles (Community Licences) Regulations 1999 | Using public service vehicle on road without Community licence. |
Regulation 7 of those Regulations | Using public service vehicle under Community licence in contravention of conditions governing use of licence. |
Regulation 3 of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999 | Using vehicle on road for UKcabotage operations without Community licence. |
Regulation 4 of those Regulations | Using vehicle on road for UKcabotage operations without control document. |
Regulation 7(1) of those Regulations | Driver failing to produce Community licence on request when vehicle required to have licence on board. |
Regulation 7(3) of those Regulations | Driver failing to produce control document on request when vehicle required to have control document on board. |
Regulation 11(7) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 | Driver of relevant vehicle failing to produce on request evidence or document required to be carried under regulation 11(1), (3) or (5). |
Regulation 4 of the Goods Vehicles (Community Licences) Regulations 2011 | Using a vehicle in Great Britain in contravention of the requirement to possess a Community licence. |
Section 72 of the Highways Act 1835 | Driving on the footway |
F231Cycling on the footway | |
Section 129(5) of the Roads (Scotland) Act 1984 | Driving on the footway |
Section 11 of the HGV Road User Levy Act 2013 | Using or keeping heavy goods vehicle if HGV road user levy not paid. |
Section 8(1) of the Haulage Permits and Trailer Registration Act 2018 | Operator using a goods vehicle in breach of regulations made under section 1(1) of that Act without reasonable excuse. |
Section 8(2) of that Act | Driver of a goods vehicle breaching a requirement under section 6(2)(a) of that Act to produce a permit without reasonable excuse. |
Section 8(3) of that Act | Wilfully obstructing an examiner exercising powers under section 6 of that Act. |
Section 8(4)(a) of that Act | Breaching a prohibition under section 7 of that Act without reasonable excuse. |
Regulation 5 of the Trailer Registration Regulations 2018 | Keeping or using a trailer that has not been registered under those Regulations on a journey to or through a foreign country that is a contracting party to the 1968 Vienna Convention on Road Traffic (“the 1968 Convention”). |
Regulation 19(1)(a) of those Regulations | Using a registered trailer with an expired registration document on a journey to or through a foreign country that is a contracting party to the 1968 Convention. |
Regulation 19(1)(f) of those Regulations | Failing to produce a trailer registration document when required to do so. |
Regulation 19(1)(g) of those Regulations | Failing to fix a registration plate on a registered trailer in accordance with those Regulations. |
Regulation 19(1)(h) of those Regulations | Displaying a trailer registration mark on a trailer that is not assigned to that trailer. |
Regulation 20 of those Regulations | Keeping or using an incorrectly registered trailer on a road. |
Regulation 21 of those Regulations | Keeping or using a registered trailer on a road with a registration mark that is obscured. |
Regulation 22(a) of those Regulations | Wilfully obstructing a person carrying out an inspection of a trailer under those Regulations. |
Article 2(6) of the Heavy Commercial Vehicles in Kent (No. 1) Order 2019 | Driver of a heavy commercial vehicle in Kent failing to comply with or contravening a direction given, or requirement imposed, by a traffic officer. |
SCHEDULE 4 Statutory Statements
Part I Statutory Statement of Ownership or Hiring
1
(1)
For the purposes of Part III of this Act, a statutory statement of ownership is a statement on an official form signed by the person providing it and stating whether he was the owner of the vehicle at the time of the alleged offence and, if he was not the owner of the vehicle at that time, whether—
(a)
he was never the owner, or
(b)
he ceased to be the owner before, or became the owner after, that time,
and in a case within paragraph (b) above, stating, if the information is in his possession, the name and address of the person to whom, and the date on which, he disposed of the vehicle or (as the case may be) the name and address of the person from whom, and the date on which, he acquired it.
(2)
An official form for a statutory statement of ownership shall—
(a)
indicate that the person providing the statement in response to a notice to owner relating to an offence may give notice requesting a hearing in respect of the offence in the manner specified in the form, and
(b)
direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) below in any official form for a statutory statement of facts.
2
(1)
For the purposes of Part III of this Act, a statutory statement of hiring is a statement on an official form, signed by the person providing it, being a person by whom a statement of liability was signed, and stating—
(a)
whether at the time of the alleged offence the vehicle was let to him under the hiring agreement to which the statement of liability refers, and
(b)
if it was not, the date on which he returned the vehicle to the possession of the vehicle-hire firm concerned.
(2)
An official form for a statutory statement of hiring shall—
(a)
indicate that the person providing the statement in pursuance of a notice relating to an offence served under section 63 of this Act by virtue of section 66 of this Act may give notice requesting a hearing in respect of the offence in the manner specified in the form, and
(b)
direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) below in any official form for a statutory statement of facts.
(3)
In sub-paragraph (1) above “ statement of liability ”, “ hiring agreement ” and “ vehicle-hire firm ” have the same meanings as in section 66 of this Act.
Part II Statutory Statement of Facts
3
(1)
For the purposes of Part III of this Act, a statutory statement of facts is a statement on an official form, signed by the person providing it, which—
(a)
states that the person providing it was not the driver of the vehicle at the time of the alleged offence, and
(b)
states the name and address at the time when the statement is provided of the person who was the driver of the vehicle at the time of the alleged offence.
(2)
A statutory statement of facts has effect as a notice given by the driver requesting a hearing in respect of the offence if it is signed by the person identified in the statement as the driver of the vehicle at the time of the alleged offence.
(3)
An official form for a statutory statement of facts shall indicate—
(a)
that if a person identified in the statement as the driver of the vehicle at the time of the alleged offence signs the statement he will be regarded as having given notice requesting a hearing in respect of the offence,
(b)
that the person on whom the notice to owner relating to the offence is served may not give notice requesting a hearing in respect of the offence on his own account if he provides a statutory statement of facts signed by a person so identified, and
(c)
that if the fixed penalty is not paid before the end of the period stated in the notice to owner as the period for response to the notice, a sum determined by reference to that fixed penalty may be registered without any court hearing for enforcement as a fine against the person on whom the notice to owner is served, unless he has given notice requesting a hearing in respect of the offence,
but that, in a case within paragraph (c) above, the sum in question may not be so registered if the person on whom the notice to owner is served provides a statutory statement of facts as mentioned in paragraph (b) above until two months have elapsed from the end of the period so stated without service of a summons or, in Scotland, complaint in respect of the offence on the person identified in that statement as the driver of the vehicle.
SCHEDULE 5 Scotland: Additional Offences Open to Conditional Offer
Offence under the Road Traffic Regulation Act 1984 (c. 27) | |
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Section 53(6) of the Road Traffic Regulation Act 1984. | Breach of provision of parking place designation order having effect by virtue of section 53(1)(b). |
Offences under the Roads (Scotland) Act 1984 (c. 54) | |
---|---|
Section 65(1) of the Roads (Scotland) Act 1984 | Conveying insecure load on drawn vehicle. |
Section 65(2) of that Act | Permitting child to drive drawn vehicle. |
Section 95(1) of that Act | Dropping and failing to remove mud, etc. |
Section 129(3) of that Act. | Carrying projecting load. |
Section 129(5) of that Act. | Driving on footway, etc. |
Section 129(6) of that Act. | Parking motor vehicle on cycle track. |
Offences under the Road Traffic Act 1988 (c. 52) | |
---|---|
RTA section 24 | Unlawful carrying of passengers on bicycle. |
RTA section 26 | Holding or getting onto a moving vehicle to be carried, or holding onto a moving vehicle to be towed. |
RTA section 27 | Causing or permitting dog to be on designated road without a lead. |
RTA section 37 | Failure by pedestrians to comply with directions of constable regulating vehicular traffic. |
RTA section 47 | Using a vehicle without a valid test certificate. |
Regulations made by virtue of RTA section 51(2) | Failure of driver of goods vehicle to be present throughout testing of vehicle. |
RTA section 53(1) | Using goods vehicle without valid required plating certificate. |
RTA section 53(3) | Using altered goods vehicle where alteration not notified to Secretary of State under section 49. |
Regulations made by virtue of RTA section 61(4) | Failure of driver of vehicle to be present throughout testing of vehicle after notification of alteration. |
RTA section 63 | Using vehicle without valid type approval certificate, or using goods vehicle to draw trailer where plating certificate does not state maximum laden weight for vehicle and trailer or using altered vehicle where alteration not notified to Secretary of State under section 59. |
RTA section 64 | Using goods vehicle with unauthorised as well as authorised weights marked on it. |
RTA section 87(2) | Causing or permitting person to drive F237otherwise 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 F238when his licence is revoked, to surrender it F239... or, when his particulars become incorrect, to surrender licence F240... and give particulars. |
F241RTA section 110 | F241 Driving HGV without HGV driver’s licence or causing or permitting person to drive HGV without HGV driver’s licence. |
Failure to comply with conditions of F243HGVF243LGV or PCV driver’s licence or employing person under 21 to drive F243HGVF243LGV or PCV in contravention of conditions of his licence. | |
Contravention of provisions of regulations about F245HGVF245LGV or PCV drivers’ licences which is declared by the regulations to be an offence. | |
RTA section 136 | Failure of driving instructor to surrender licence or certificate to Registrar when required. |
RTA section 137 | Failure to produce certificate of registration or licence as driving instructor. |
RTA section 147 | Failure to surrender certificate of insurance on cancellation or to make statutory declaration. |
RTA section 164(8) | Failure to furnish Secretary of State with evidence of date of birth, etc. |
RTA section 165 | Failure to give constable certain names and addresses or to produce certificate of insurance or certain test and other like documents or failure of person supervising learner driver to give constable certain names and addresses. |
RTA section 169 | Failure of pedestrian contravening section 37 to give name and address to constable. |
RTA section 170 | Failure of driver in accident involving injury to another to produce evidence of insurance or report the accident. |
Offence under this Act | |
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Section 25(6) of this Act | Failure to provide Secretary of State when required with evidence of date of birth. |
F246... |
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