Road Traffic Offenders Act 1988

1988 c. 53 · Enacted 15 November 1988 · Extends to United Kingdom

Contents

1. Part I: Trial
2. Introductory
3. 1Requirement of warning etc. of prosecutions for certain offences.
4. 2Requirement of warning etc: supplementary.
5. 3Restriction on institution of proceedings for certain offences.
6. 4Offences for which local authorities in England and Wales may institute proceedings.
7. 5Exemption from Licensing Act offence.
8. 6Time within which summary proceedings for certain offences must be commenced.
9. 7Duty of accused to provide licence.
10. 8Duty to include date of birth and sex in written plea of guilty.
11. Trial
12. 9Mode of trial.
13. 10Jurisdiction of district court in Scotland.
14. 11Evidence by certificate as to driver, user or owner.
15. 12Proof, in summary proceedings, of identity of driver of vehicle.
16. 13Admissibility of records as evidence.
17. 14Use of records kept by operators of goods vehicles.
18. 15Use of specimens in proceedings for an offence under any of sections 3A to 5A of the Road Traffic Act.
19. 16Documentary evidence as to specimens in such proceedings.
20. 17Provisions as to proceedings for certain offences in connection with the construction and use of vehicles and equipment.
21. 18Evidence by certificate as to registration of driving instructors and licences to give instruction.
22. 19Evidence of disqualification in Scotland.
23. 20Speeding offences etc: admissibility of certain evidence.
24. 21Proceedings in which evidence of one witness sufficient in Scotland.
25. 22Notification of disability.
26. Verdict
27. 23Alternative verdicts in Scotland.
28. 24Alternative verdicts: general.
29. After conviction
30. 25Information as to date of birth and sex.
31. 26Interim disqualification.
32. Part II: Sentence
33. Introductory
34. 27Production of licence.
35. 28Penalty points to be attributed to an offence.
36. 29Penalty points to be taken into account on conviction.
37. 30Penalty points: modification where fixed penalty also in question.
38. 31Court may take particulars endorsed ... into consideration.
39. 32In Scotland, court may take extract from licensing records into account. Repealed
40. Fine and imprisonment
41. 33Fine and imprisonment.
42. 33AForfeiture of vehicles: Scotland.
43. Disqualification
44. 34Disqualification for certain offences.
45. 34AReduced disqualification period for attendance on courses.
46. 34BCertificates of completion of courses.
47. 34BAApproval of courses
48. 34CProvisions supplementary to sections 34A and 34B.
49. 35Disqualification for repeated offences.
50. 35AExtension of disqualification where custodial sentence also imposed
51. 35BEffect of custodial sentence in other cases
52. 35CExtension of disqualification where sentence of imprisonment also imposed: Scotland
53. 35DEffect of sentence of imprisonment in other cases: Scotland
54. 36Disqualification until test is passed.
55. 37Effect of order of disqualification.
56. 37ASurrender of licence to Secretary of State where disqualified
57. 38Appeal against disqualification.
58. 39Suspension of disqualification pending appeal.
59. 40Power of appellate courts in England and Wales to suspend disqualification.
60. 41Power of appellate courts in Scotland to suspend disqualification.
61. 41ASuspension of disqualification pending determination of applications under section 34B.
62. 42Removal of disqualification.
63. 43Rule for determining end of period of disqualification.
64. Endorsement
65. 44Orders for endorsement
66. 44AEndorsement of driving record in accordance with order
67. 45Effect of endorsement of counterparts. Repealed
68. 45AEffect of endorsement of driving records
69. General
70. 46Combination of disqualification and endorsement with probation orders and orders for discharge.
71. 47Supplementary provisions as to disqualifications and endorsements.
72. 48Exemption from disqualification and endorsement for certain construction and use offences.
73. 49Offender escaping consequences of endorseable offence by deception.
74. 50Powers of district court in Scotland.
75. Part III: Fixed Penalties
76. Introductory
77. 51Fixed penalty offences.
78. 52Fixed penalty notices.
79. 53Amount of fixed penalty.
80. Giving notices to suspected offenders
81. 54Notices on-the-spot etc..
82. 55Effect of fixed penalty notice given under section 54.
83. 56Licence receipts. Repealed
84. 57Endorsement of counterparts without hearings. Repealed
85. 57AEndorsement of driving records without hearings
86. 58Effect of endorsement of counterpart without hearing. Repealed
87. 58AEffect of endorsement of driving record without hearing
88. 59Notification of court and date of trial in England and Wales. Not yet in force
89. 60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
90. 61Fixed penalty notice mistakenly given to licence holder: exclusion of fixed penalty procedures. Repealed
91. 61AFixed penalty notice mistakenly given ...: exclusion of fixed penalty procedures
92. Notices fixed to vehicles
93. 62Fixing notices to vehicles.
94. 63Service of notice to owner if penalty not paid.
95. 64Enforcement or proceedings against owner.
96. 65Restrictions on proceedings against owner and others.
97. 66Hired vehicles.
98. 67False statements in response to notices to owner.
99. 68“Owner”, “statutory statement” and “official form”.
100. The fixed penalty procedure
101. 69Payment of penalty.
102. 70Registration certificates.
103. 71Registration of sums payable in default.
104. 72Notices on-the-spot etc.: when registration and endorsement invalid.
105. 73Notices fixed to vehicles: when registration invalid.
106. 74Provisions supplementary to sections 72 and 73.
107. Conditional offer of fixed penalty
108. 75Issue of conditional offer.
109. 76Effect of offer and payment of penalty.
110. 77Endorsement of counterparts where penalty paid. Repealed
111. 77AEndorsement of driving records where penalty paid
112. Proceedings in fixed penalty cases
113. 78General restriction on proceedings.
114. 79Statements by constables.
115. 80Certificates about payment etc.
116. 81Documents signed by the accused.
117. Miscellaneous
118. 82Accounting for fixed penalties: England and Wales.
119. 83Powers of court in cases of deception.
120. 84Regulations.
121. 84ANotices to Secretary of State
122. 85Service of documents.
123. 86Functions of traffic wardens.
124. 87Guidance on application of Part III.
125. 88Procedure for regulations and orders.
126. 89Interpretation.
127. 90Index to Part III.
128. Part 3A: Financial penalty deposits
129. 90APower to impose financial penalty deposit requirement
130. 90BFinancial penalty deposit requirement
131. 90CMaking of payment in compliance with requirement
132. 90DProhibition on driving on failure to make payment
133. 90EOrders about financial penalty deposits
134. 90FFinancial penalty deposits: interpretation
135. Part 3B: Courses offered as alternative to prosecution
136. 90GPower to charge fees: England and Wales
137. 90HPower to prevent courses being offered for repeat offences: England and Wales
138. 90IFurther provision about regulations under this Part
139. Part IV: Miscellaneous and General
140. 91Penalty for breach of regulations.
141. 91ZAApplication to Northern Ireland licence holders
142. 91ZBEffect of endorsement on Northern Ireland licence holders Repealed
143. 91AApplication to Community licence holders.
144. 91BEffect of endorsement on Community licence holders. Repealed
145. 92Application to Crown.
146. 93Application of sections 15 and 16 to persons subject to service discipline.
147. 94Proceedings in respect of offences in connection with Crown vehicles.
148. 95Destination of Scottish fines.
149. 96Meaning of “offence involving obligatory endorsement”.
150. 97Meaning of “offence involving obligatory disqualification” and “offence involving discretionary disqualification”.
151. 97AMeaning of “driving record”
152. 98General interpretation.
153. 99Short title, commencement and extent.
154. Schedule 1: Offences to which sections 1, 6, 11 and 12(1) apply
155. 1Paragraph 1
156. 1AParagraph 1A
157. 2Paragraph 2
158. 3Paragraph 3
159. 4Paragraph 4
160. Schedule 2: Prosecution and Punishment of Offences
161. IOffences under the Traffic Acts
162. IIOther offences
163. Schedule 3Fixed Penalty Offences
164. Schedule 4: Statutory Statements
165. Part I: Statutory Statement of Ownership or Hiring
166. 1Paragraph 1
167. 2Paragraph 2
168. Part II: Statutory Statement of Facts
169. 3Paragraph 3
170. Schedule 5Scotland: Additional Offences Open to Conditional Offer