Road Traffic Act 1988 in Scotland
1988 c. 52 · Enacted 15 November 1988 · Extends to United Kingdom
An Act to consolidate certain enactments relating to road traffic with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.
[15th November 1988]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1C2
Annotations to the whole text
Modifications
- C1
Act applied (with modifications) (E.W.) (10.5.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(4), 35(1)(2), Sch. 5 paras. 8, 9
- C2
Act applied (with modifications) (E.W.) (21.3.2024) by The South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024 (S.I. 2024/414), arts. 1(2), 5, Sch. 1 para. 8
Contents
- Part I: Principal Road Safety Provisions
- Driving offences
- 1Causing death by dangerous driving.
- 1ACausing serious injury by dangerous driving
- 2Dangerous driving.
- 2AMeaning of dangerous driving.
- 2BCausing death by careless, or inconsiderate, driving
- 2CCausing serious injury by careless, or inconsiderate, driving
- 3Careless, and inconsiderate, driving.
- 3ZAMeaning of careless, or inconsiderate, driving
- 3ZBCausing death by driving: unlicensed... or uninsured drivers
- 3ZCCausing death by driving: disqualified drivers
- 3ZDCausing serious injury by driving: disqualified drivers
- 3ACausing death by careless driving when under influence of drink or drugs.
- Motor vehicles: drink and drugs
- 4Driving, or being in charge, when under influence of drink or drugs.
- 5Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit.
- 5ADriving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit
- 6APreliminary breath test
- 6BPreliminary impairment test
- 6CPreliminary drug test
- 6DArrest
- 6EPower of entry
- 7Provision of specimens for analysis.
- 7ASpecimens of blood taken from persons incapable of consenting
- 8Breath specimen showing higher alcohol level to be disregarded.
- 9Protection for hospital patients.
- 10Detention of persons affected by alcohol or a drug.
- 11Interpretation of sections 4 to 10.
- Motor racing on public ways
- 12Motor racing on public ways.
- 12AMotor race orders: England and Wales: overview
- 12BPermission to apply for motor race order
- 12CApplication for motor race order
- 12DDetermination of applications for motor race orders
- 12EEffect of motor race order
- 12FRegulations by appropriate national authority: procedure
- 12GAuthorisation of races and trials of speed in Scotland
- 12HRaces and trials of speed in Scotland: further provision
- 12IRegulations under section 12G or 12H: procedure
- Other motor events
- 13Regulation of motoring events on public ways.
- 13ADisapplication of sections 1 to 3 for authorised motoring events.
- Protective measures: seat belts, helmets, etc.
- 14Seat belts: adults.
- 15Restriction on carrying children not wearing seat belts in motor vehicles.
- 15ASafety equipment for children in motor vehicles.
- 15BRequirement to notify bus passengers to wear seat belts
- 16Wearing of protective headgear.
- 17Protective helmets for motor cyclists.
- 18Authorisation of head-worn appliances for use on motor cycles.
- Stopping on verges, etc., or in dangerous positions, etc.
- 19Prohibition of parking of HGVs on verges, central reservations and footways.
- 19A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 20Definition of “heavy commercial vehicle” for the purposes of section 19.
- 22Leaving vehicles in dangerous positions.
- Other restrictions in interests of safety
- 23Restriction of carriage of persons on motor cycles.
- 24Restriction of carriage of persons on bicycles.
- 25Tampering with motor vehicles.
- 26Holding or getting on to vehicle in order to be towed or carried.
- 27Control of dogs on roads.
- Cycling offences and cycle racing
- 28Dangerous cycling.
- 29Careless, and inconsiderate, cycling.
- 30Cycling when under influence of drink or drugs.
- 31Regulation of cycle racing on public ways.
- 32Electrically assisted pedal cycles.
- Use of motor vehicles away from roads
- 33Control of use of footpaths , bridleways and restricted byways for motor vehicle trials.
- Directions to traffic and to pedestrians and traffic signs
- 35Drivers to comply with traffic directions.
- 36Drivers to comply with traffic signs.
- 37Directions to pedestrians.
- Promotion of road safety
- 38The Highway Code.
- 39Powers of Secretary of State and local authorities as to giving road safety information and training.
- Part II: Construction and Use of Vehicles and Equipment
- Using vehicle in dangerous condition
- 40AUsing vehicle in dangerous condition etc.
- General regulation of construction, use etc.
- 41Regulation of construction, weight, equipment and use of vehicles.
- 41ABreach of requirement as to brakes, steering-gear or tyres.
- 41BBreach of requirement as to weight: goods and passenger vehicles.
- 41CBreach of requirement as to speed assessment equipment detection devices Not yet in force
- 41DBreach of requirements as to control of vehicle, mobile telephones etc.
- 42Breach of other construction and use requirements.
- 43Temporary exemption from application of regulations under section 41.
- 44Authorisation of use on roads of special vehicles not complying with regulations under section 41.
- Tests of vehicles other than goods vehicles to which section 49 applies
- 45Tests of satisfactory condition of vehicles.
- 46Regulations under section 45.
- 46AUse of records of vehicle examinations, etc.
- 46BEvidence from records of vehicle examinations.
- 47Obligatory test certificates.
- 48Supplementary provisions about test certificates.
- Tests of certain classes of goods vehicles
- 49Tests of satisfactory condition of goods vehicles and determination of plated weights, etc.
- 49AUse of records of goods vehicle examinations, etc. Not yet in force
- 50Appeals against determinations.
- 51Particular aspects of regulations under section 49.
- 52Supplementary provisions about tests, etc., of goods vehicles.
- 53Obligatory goods vehicle test certificates.
- Approval of design, construction, equipment and marking of vehicles
- 54Type approval requirements.
- 55Type approval certificates.
- 56Conditions of, and cancellation or suspension of, type approval certificates.
- 57Certificates of conformity.
- 58Minister’s approval certificates.
- 59Supplementary provisions as to certificates of conformity and Minister’s approval certificates.
- 60Appeals.
- 61Regulations for the purposes of sections 54 to 60.
- 62Other supplementary provisions.
- 63Obligatory type approval certificates, certificates of conformity and Minister’s approval certificates.
- 63AAlteration of plated weights for goods vehicles without examination.
- 64Using goods vehicle with unauthorised weights as well as authorised weights marked on it.
- 64AFailure to hold EC certificate of conformity for unregistered motor cycle or tractor Repealed
- 65Vehicles and parts not to be sold without required certificate of conformity or Minister’s approval certificate.
- 65AMotor cycles not to be sold without EC certificate of conformity Repealed
- Conditions for grant of excise licence
- 66Regulations prohibiting the grant of excise licences for certain vehicles except on compliance with certain conditions.
- Vehicle examiners
- 66AAppointment of examiners.
- Stopping officers
- 66BAppointment of stopping officers
- 66CStopping officers: offences
- Testing vehicles on roads
- 67Testing of condition of vehicles on roads.
- 67ARemedying defects discovered on roadside test. Repealed
- 67BTests to check whether defects have been remedied. Repealed
- Inspection of public passenger vehicles and goods vehicles
- 68Inspection of public passenger vehicles and goods vehicles.
- Prohibition of unfit vehicles
- 69Power to prohibit driving of unfit vehicles.
- 69AProhibitions conditional on inspection etc.
- 70Power to prohibit driving of overloaded goods vehicles.
- 71Unfit and overloaded vehicles: offences.
- 72Removal of prohibitions.
- 72AOfficial testing stations.
- 73Provisions supplementary to sections 69 to 72.
- Miscellaneous provisions about vehicles and vehicle parts
- 74Operator’s duty to inspect, and keep records of inspections of, goods vehicles.
- 75Vehicles not to be sold in unroadworthy condition or altered so as to be unroadworthy.
- 76Fitting and supply of defective or unsuitable vehicle parts.
- 77Testing condition of used vehicles at sale rooms, etc.
- 78Weighing of motor vehicles.
- 79Further provisions relating to weighing of motor vehicles.
- 80Approval marks.
- Pedal cycles and horse-drawn vehicles
- 81Regulation of brakes, bells etc., on pedal cycles.
- 82Regulation of brakes on horse-drawn vehicles.
- Miscellaneous
- 83Offences to do with reflectors and tail lamps.
- 84Appointment of officials and destination of fees.
- 85Interpretation of Part II.
- 86Index to Part II.
- Part III: Licensing of drivers of vehicles
- Requirement to hold licence
- 87Drivers of motor vehicles to have driving licences.
- 88Exceptions.
- Tests
- 89Tests of competence to drive.
- 89AThe alternative requirements to those in section 89.
- 90Review of conduct of test.
- 91Repayment of test fees.
- Physical fitness
- 92Requirements as to physical fitness of drivers.
- 93Revocation of licence because of disability or prospective disability.
- 94Provision of information, etc. relating to disabilities.
- 94ADriving after refusal or revocation of licence.
- 95Notification of refusal of insurance on grounds of health.
- 96Driving with uncorrected defective eyesight.
- Granting of licences, their form and duration
- 97Grant of licences.
- 97AResidence requirement
- 98Form of licence.
- 98ACompulsory surrender of old-form licences Not yet in force
- 99Duration of licences.
- Driver training
- 99ZACompulsory driver training courses.
- 99ZBRequirements to complete training courses.
- 99ZCDriver training courses: supplementary.
- Community licence holders
- 99AAuthorisation to drive in Great Britain.
- 99BInformation about resident Community licence holders.
- 99CRevocation of authorisation conferred by Community licence because of disability or prospective disability.
- 99DInformation relating to disabilities etc.
- 99EReturn of Community licences delivered to Secretary of State.
- Appeals
- 100Appeals relating to licences.
- Disqualification (otherwise than on conviction)
- 101Disqualification of persons under age.
- 102Disqualification to prevent duplication of licences.
- Disqualification if disqualified in Northern Ireland etc.
- 102ADisqualification while disqualified in Northern Ireland, Isle of Man, Channel Islands or Gibraltar
- Effects of disqualification
- Miscellaneous
- 104Conduct of proceedings in certain courts by or against the Secretary of State.
- 105Regulations.
- 106Destination of fees for licences, etc.
- 107Service of notices.
- 108Interpretation.
- 109Provisions as to Northern Ireland drivers’ licences.
- 109AInformation about Northern Ireland licence holders
- 109BRevocation of authorisation conferred by Northern Ireland licence because of disability or prospective disability
- 109CInformation relating to disabilities etc
- Part IV: Licensing of drivers of large goods vehicles and passenger-carrying vehicles.
- Licensing of drivers of large goods vehicles and passenger-carrying vehicles.
- 110Section 110
- 111Functions of traffic commissioners.
- 112Grants of licences: fitness as regards conduct.
- 113Grant of licences: referral of matters of conduct to traffic commissioners.
- 114Conditions of certain licences.
- 115Revocation or suspension of licences.
- 115ACommunity licence holders: cessation of authorisation, etc.
- 116Revocation or suspension of licences: referral of matters of conduct to traffic commissioners.
- 117Disqualification on revocation of licence.
- 117ACommunity licences: disqualification etc.
- 118Revoked or suspended licences: surrender, return and endorsement.
- 119Appeals to magistrates’ court or sheriff
- 120Regulations.
- 121Interpretation.
- 122Provisions as to Northern Ireland licences.
- Part IV: Licensing of drivers of heavy goods vehicles
- Part V: Driving Instruction
- Instructors to be registered or licensed
- 123Driving instruction for payment to be given only by registered or licensed persons.
- 124Exemption of police instructors from prohibition imposed by section 123.
- Registration
- 125The register of approved instructors.
- 125ARegistration of disabled persons.
- 125BProvisions supplementary to section 125A.
- 126Duration of registration.
- 127Extension of duration of registration.
- 128Removal of names from register.
- Licences
- 129Licences for giving instruction so as to obtain practical experience.
- 130Revocation of licences.
- Appeals
- 131Appeals.
- Compensation
- 131ACompensation in respect of suspension
- Examinations and tests
- 132Examinations and tests of ability to give driving instruction.
- 133Review of examinations.
- Disabled persons: emergency control certificates, etc
- 133AAssessment of disabled person’s ability to control a motor car in an emergency.
- 133BFurther assessments.
- 133CDuty to disclose further disability.
- 133DOffences relating to giving by disabled person of paid driving instruction.
- 133EDirection to disregard emergency control assessment requirement
- General and supplemental
- 134Power to alter conditions for entry or retention in, and removal from, register and for grant or revocation of licences.
- 135Power to prescribe form of certificate of registration, etc.
- 136Surrender of certificates and licences.
- 137Production of certificates and licences to constables and authorised persons.
- 138Offences by corporations.
- 139Service of notices.
- 140Receipts.
- 141Regulations.
- 141AMeaning of “motor car".
- 142Index to Part V.
- Part VI: Third-Party Liabilities
- Compulsory insurance ...
- 143Users of motor vehicles to be insured ... .
- 144Exceptions from requirement of third-party insurance ... .
- 144AOffence of keeping vehicle which does not meet insurance requirements
- 144BExceptions to section 144A offence
- 144CFixed penalty notices
- 144DSection 144A offence: supplementary
- 145Requirements in respect of policies of insurance.
- 146Requirements in respect of securities. Repealed
- 147Issue ... of certificates of insurance ... .
- 148Avoidance of certain exceptions to policies ... .
- 149Avoidance of certain agreements as to liability towards passengers.
- 150Insurance ... in respect of private use of vehicle to cover use under car-sharing arrangements.
- 151Duty of insurers ... to satisfy judgment against persons insured ... .
- 152Exceptions to section 151.
- 153Bankruptcy, etc., of insured ... persons not to affect claims by third parties.
- 154Duty to give information as to insurance ... where claim made.
- 155Deposits. Repealed
- 156Power to require evidence of insurance ... on application for vehicle excise licence.
- Assimilated law relating to compulsory insurance
- 156AAssimilated law relating to compulsory insurance
- Payments for treatment of traffic casualties
- 159Supplementary provisions as to payments for treatment.
- General
- 159ADisclosure of information
- 160Regulations.
- 161Interpretation.
- 162Index to Part VI.
- Part VII: Miscellaneous and General
- Requirement for approval of persons to assist at tests
- 162AApproved test assistants
- Powers of constables and other authorised persons
- 163Power of police to stop vehicles.
- 164Power of constables to require production of driving licence and in certain cases statement of date of birth.
- 165Power of constables to obtain names and addresses of drivers and others, and to require production of evidence of insurance ... and test certificates.
- 165APower to seize vehicles driven without licence or insurance
- 165BRetention etc. of vehicles seized under section 165A
- 166Powers of certain officers as respects goods vehicles and passenger-carrying vehicles.
- 167Power of arrest in Scotland for reckless or careless driving or cycling. Repealed
- Duty to give name and address
- 168Failure to give, or giving false, name and address in case of reckless or careless or inconsiderate driving or cycling.
- 169Pedestrian contravening constable’s direction to stop to give name and address.
- Duties in case of accident
- 170Duty of driver to stop, report accident and give information or documents.
- Other duties to give information or documents
- 171Duty of owner of motor vehicle to give information for verifying compliance with requirement of compulsory insurance ... .
- 172Duty to give information as to identity of driver etc in certain circumstances.
- Forgery, false statements, etc.
- 173Forgery of documents, etc.
- 174False statements and withholding material information.
- 175Issue of false documents.
- 176Power to seize articles in respect of which offences under sections 173 to 175 may have been committed.
- 177Impersonation of authorised examiner, etc.
- Offences in Scotland
- 178Taking motor vehicle without authority, etc.
- Inquiries
- 179General power to hold enquiries. Repealed
- 180General provisions as to inquiries.
- 181General provisions as to accident inquiries.
- 182Special provisions as to accident inquiries in Greater London.
- Application to the Crown
- 183Application to the Crown.
- 184Application of sections 5 to 10 to persons subject to service discipline.
- Interpretation
- 185Meaning of “motor vehicle” and other expressions relating to vehicles.
- 186Supplementary provisions about those expressions.
- 187Articulated vehicles.
- 188Hover vehicles.
- 189Certain vehicles not to be treated as motor vehicles.
- 190Method of calculating weight of motor vehicles and trailers.
- 191Interpretation of statutory references to carriages.
- 192General interpretation of Act.
- 192ATramcars and other guided vehicles: drink and drugs.
- 193. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 193ATramcars and trolley vehicles.
- 194General index.
- Supplementary
- 195Provisions as to regulations.
- 196Provision, etc., of weighbridges.
- 197Short title, commencement and extent.
- Schedule 1: Supplementary Provisions in Connection with Proceedings for Offences under Sections 15A, 17 and 18(4)
- Proceedings in England and Wales
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Proceedings in Scotland
- 4Paragraph 4
- Proceedings in Great Britain
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Schedule 2: Deferred Tests of Condition of Vehicles
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule 2A: Offence of keeping vehicle which does not meet insurance requirements: immobilisation, removal and disposal of vehicles
- Immobilisation
- 1Paragraph 1
- Offences connected with immobilisation
- 2Paragraph 2
- Removal and disposal of vehicles
- 3Paragraph 3
- Offences as to securing possession of vehicles
- 4Paragraph 4
- Disputes
- 5Paragraph 5
- Authorised persons
- 6Paragraph 6
- Application of Road Traffic Offenders Act 1988
- 7Paragraph 7
- Interpretation
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 2AForm of seat belt symbol for buses
- Schedule 3
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- Schedule 4
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 3AParagraph 3A Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed