Road Traffic Offenders Act 1988
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.
8Duty 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.
20Speeding 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.
28Penalty points to be attributed to an offence.
29Penalty 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.
34AReduced disqualification period for attendance on courses.
34B Certificates of completion of courses.
34BAApproval of courses
34C Provisions supplementary to sections 34A and 34B.
35 Disqualification for repeated offences.
35AExtension of disqualification where custodial sentence also imposed
35BEffect of custodial sentence in other cases
35CExtension of disqualification where sentence of imprisonment also imposed: Scotland
35DEffect of sentence of imprisonment in other cases: Scotland
36 Disqualification until test is passed.
37 Effect of order of disqualification.
37ASurrender 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
44AEndorsement of driving record in accordance with order
45 Effect of endorsement of counterparts.
45AEffect of endorsement of driving records
General
46 Combination of disqualification and endorsement with probation orders and orders for discharge.
47 Supplementary provisions as to disqualifications and endorsements.
48Exemption 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.
53Amount 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.
57AEndorsement of driving records without hearings
58 Effect of endorsement of counterpart without hearing.
58AEffect of endorsement of driving record without hearing
59 Notification of court and date of trial in England and Wales.
60 Giving notices to suspected offenders
61 Fixed penalty notice mistakenly given to licence holder: exclusion of fixed penalty procedures.
61AFixed 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
75Issue of conditional offer.
76 Effect of offer and payment of penalty.
77 Endorsement of counterparts where penalty paid.
77AEndorsement 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.
84ANotices 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 3AFinancial penalty deposits
90APower to impose financial penalty deposit requirement
90BFinancial penalty deposit requirement
90CMaking of payment in compliance with requirement
90DProhibition on driving on failure to make payment
90EOrders about financial penalty deposits
90FFinancial penalty deposits: interpretation
PART 3BCourses offered as alternative to prosecution
90GPower to charge fees: England and Wales
90HPower to prevent courses being offered for repeat offences: England and Wales
90IFurther provision about regulations under this Part
Part IV Miscellaneous and General
91 Penalty for breach of regulations.
91ZAApplication to Northern Ireland licence holders
91ZBEffect 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”.
97AMeaning 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
1(1) Where section 1, 6, 11 or 12(1) of this...
1ASection 1 also applies to— (a) an offence under section...
2Section 6 also applies— (a) to an offence under section...
3Section 11 also applies to— (a) any offence to which...
4Section 12(1) also applies to— (a) any offence which is...
SCHEDULE 2 Prosecution and Punishment of Offences
Part IOffences 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
1(1) For the purposes of Part III of this Act,...
2(1) For the purposes of Part III of this Act,...
Part II Statutory Statement of Facts
3(1) For the purposes of Part III of this Act,...
SCHEDULE 5 Scotland: Additional Offences Open to Conditional Offer

Road Traffic Offenders Act 1988

1988 c. 53

An Act to consolidate certain enactments relating to the prosecution and punishment (including the punishment without conviction) of road traffic offences with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.

C1C2C3C4C5I1Be 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:—C6C7C8C9

Annotations:
Commencement Information
I1

Act partly in force at 15.5.89; see s. 99(2).

Modifications etc. (not altering text)
C4

By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

C5

Act modified (1.6.1997) by 1995 c. 13, s. 5(7) (with s. 8); S.I. 1997/267, art. 2(2)

Act applied (1.7.1997) by 1995 c. 13, s. 9(2) (with s. 8); S.I. 1997/267, art. 2(2)