Road Traffic Offenders Act 1988
Road Traffic Offenders Act 1988 (1988 c. 53)
- Road Traffic Offenders Act 1988 (1988 c. 53)
- Part I Trial
- Introductory
- 1 Requirement of warning etc. of prosecutions for certain offences.
- 2 Requirement of warning etc: supplementary.
- 3 Restriction on institution of proceedings for certain offences.
- 4 Offences for which local authorities in England and Wales may institute proceedings.
- 5 Exemption from Licensing Act offence.
- 6 Time within which summary proceedings for certain offences must be commenced.
- 7 Duty of accused to provide licence.
- 8 Duty to include date of birth and sex in written plea of guilty.
- Trial
- 9 Mode of trial.
- 10 Jurisdiction of district court in Scotland.
- 11 Evidence by certificate as to driver, user or owner.
- 12 Proof, in summary proceedings, of identity of driver of vehicle.
- 13 Admissibility of records as evidence.
- 14 Use of records kept by operators of goods vehicles.
- 15 Use of specimens in proceedings for an offence under any of sections 3A to 5A of the Road Traffic Act.
- 16 Documentary evidence as to specimens in such proceedings.
- 17 Provisions as to proceedings for certain offences in connection with the construction and use of vehicles and equipment.
- 18 Evidence by certificate as to registration of driving instructors and licences to give instruction.
- 19 Evidence of disqualification in Scotland.
- 20 Speeding offences etc: admissibility of certain evidence.
- 21 Proceedings in which evidence of one witness sufficient in Scotland.
- 22 Notification of disability.
- Verdict
- 23 Alternative verdicts in Scotland.
- 24 Alternative verdicts: general.
- After conviction
- 25 Information as to date of birth and sex.
- 26 Interim disqualification.
- Part II Sentence
- Introductory
- 27 Production of licence.
- 28 Penalty points to be attributed to an offence.
- 29 Penalty points to be taken into account on conviction.
- 30 Penalty points: modification where fixed penalty also in question.
- 31 Court may take particulars endorsed ... into consideration.
- 32 In Scotland, court may take extract from licensing records into account.
- Fine and imprisonment
- 33 Fine and imprisonment.
- 33A Forfeiture of vehicles: Scotland.
- Disqualification
- 34 Disqualification for certain offences.
- 34A Reduced disqualification period for attendance on courses.
- 34B Certificates of completion of courses.
- 34BA Approval of courses
- 34C Provisions supplementary to sections 34A and 34B.
- 35 Disqualification for repeated offences.
- 35A Extension of disqualification where custodial sentence also imposed
- 35B Effect of custodial sentence in other cases
- 35C Extension of disqualification where sentence of imprisonment also imposed: Scotland
- 35D Effect of sentence of imprisonment in other cases: Scotland
- 36 Disqualification until test is passed.
- 37 Effect of order of disqualification.
- 37A Surrender of licence to Secretary of State where disqualified
- 38 Appeal against disqualification.
- 39 Suspension of disqualification pending appeal.
- 40 Power of appellate courts in England and Wales to suspend disqualification.
- 41 Power of appellate courts in Scotland to suspend disqualification.
- 41A Suspension of disqualification pending determination of applications under section 34B.
- 42 Removal of disqualification.
- 43 Rule for determining end of period of disqualification.
- Endorsement
- 44 Orders for endorsement
- 44A Endorsement of driving record in accordance with order
- 45 Effect of endorsement of counterparts.
- 45A Effect of endorsement of driving records
- General
- 46 Combination of disqualification and endorsement with probation orders and orders for discharge.
- 46 Combination of disqualification and endorsement with probation orders and orders for discharge.
- 47 Supplementary provisions as to disqualifications and endorsements.
- 48 Exemption from disqualification and endorsement for certain construction and use offences.
- 49 Offender escaping consequences of endorseable offence by deception.
- 50 Powers of district court in Scotland.
- Part III Fixed Penalties
- Introductory
- 51 Fixed penalty offences.
- 52 Fixed penalty notices.
- 53 Amount of fixed penalty.
- Giving notices to suspected offenders
- 54 Notices on-the-spot etc..
- 55 Effect of fixed penalty notice given under section 54.
- 56 Licence receipts.
- 57 Endorsement of counterparts without hearings.
- 57A Endorsement of driving records without hearings
- 58 Effect of endorsement of counterpart without hearing.
- 58A Effect of endorsement of driving record without hearing
- 59 Notification of court and date of trial in England and Wales.
- 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 61 Fixed penalty notice mistakenly given to licence holder: exclusion of fixed penalty procedures.
- 61A Fixed penalty notice mistakenly given ...: exclusion of fixed penalty procedures
- Notices fixed to vehicles
- 62 Fixing notices to vehicles.
- 63 Service of notice to owner if penalty not paid.
- 64 Enforcement or proceedings against owner.
- 65 Restrictions on proceedings against owner and others.
- 66 Hired vehicles.
- 67 False statements in response to notices to owner.
- 68 “Owner”, “statutory statement” and “official form”.
- The fixed penalty procedure
- 69 Payment of penalty.
- 70 Registration certificates.
- 71 Registration of sums payable in default.
- 72 Notices on-the-spot etc.: when registration and endorsement invalid.
- 73 Notices fixed to vehicles: when registration invalid.
- 74 Provisions supplementary to sections 72 and 73.
- Conditional offer of fixed penalty
- 75 Issue of conditional offer.
- 76 Effect of offer and payment of penalty.
- 77 Endorsement of counterparts where penalty paid.
- 77A Endorsement of driving records where penalty paid
- Proceedings in fixed penalty cases
- 78 General restriction on proceedings.
- 79 Statements by constables.
- 80 Certificates about payment etc.
- 81 Documents signed by the accused.
- Miscellaneous
- 82 Accounting for fixed penalties: England and Wales.
- 83 Powers of court in cases of deception.
- 84 Regulations.
- 84A Notices to Secretary of State
- 85 Service of documents.
- 86 Functions of traffic wardens.
- 87 Guidance on application of Part III.
- 88 Procedure for regulations and orders.
- 89 Interpretation.
- 90 Index to Part III.
- Part 3A Financial penalty deposits
- 90A Power to impose financial penalty deposit requirement
- 90B Financial penalty deposit requirement
- 90C Making of payment in compliance with requirement
- 90D Prohibition on driving on failure to make payment
- 90E Orders about financial penalty deposits
- 90F Financial penalty deposits: interpretation
- PART 3B Courses offered as alternative to prosecution
- 90G Power to charge fees: England and Wales
- 90H Power to prevent courses being offered for repeat offences: England and Wales
- 90I Further provision about regulations under this Part
- Part IV Miscellaneous and General
- 91 Penalty for breach of regulations.
- 91ZA Application to Northern Ireland licence holders
- 91ZB Effect of endorsement on Northern Ireland licence holders
- 91A Application to Community licence holders.
- 91B Effect of endorsement on Community licence holders.
- 92 Application to Crown.
- 93 Application of sections 15 and 16 to persons subject to service discipline.
- 94 Proceedings in respect of offences in connection with Crown vehicles.
- 95 Destination of Scottish fines.
- 96 Meaning of “offence involving obligatory endorsement”.
- 97 Meaning of “offence involving obligatory disqualification” and “offence involving discretionary disqualification”.
- 97A Meaning of “driving record”
- 98 General interpretation.
- 99 Short title, commencement and extent.
- SCHEDULES
- SCHEDULE 1 Offences to which sections 1, 6, 11 and 12(1) apply
- SCHEDULE 2 Prosecution and Punishment of Offences
- Part I Offences under the Traffic Acts
- Part II Other offences
- SCHEDULE 3 Fixed Penalty Offences
- SCHEDULE 4 Statutory Statements
- Part I Statutory Statement of Ownership or Hiring
- Part II Statutory Statement of Facts
- SCHEDULE 5 Scotland: Additional Offences Open to Conditional Offer