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Road Traffic Offenders Act 1988

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Point in time view as at 18/03/1997.

Changes to legislation:

Road Traffic Offenders Act 1988, SCHEDULE 2 is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Section 9 etc.

SCHEDULE 2E+W+S Prosecution and Punishment of Offences

X1Part IE+W+S Offences under the Traffic Acts

Editorial Information

X1Sch. 2 Pt. I: due to the large number of entries contained in Sch. 2 Pt. I and the frequency with which it has been amended, no separate versions are retained in respect of amendments coming into force after 27.06.1991 until 29.1.2004 or which are not yet in force. Historic information relating to all such amendments is reflected in the relevant retained versions.

(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 5Contravention of traffic regulation order.Summarily.Level 3 on the standard scale.
RTRA section 8Contravention of order regulating traffic in Greater London.Summarily.Level 3 on the standard scale.
RTRA section 11Contravention of experimental traffic order.Summarily.Level 3 on the standard scale.
RTRA section 13Contravention 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.[F1Discretionary if committed in respect of a speed restriction .][F1Obligatory if committed in respect of a speed restriction.][F13-6 or 3 (fixed penalty)]
[F2RTRA section 16(C)(1).][F2Contravention of prohibition or restriction relating to relevant event. ][F2Summarily. ][F2Level 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.[F33-6 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
[F4RTRA section 30(5)][F4As above (Greater London).][F4Summarily.][F4Level 3 on the standard scale.][F4Discretionary if committed in respect of a motor vehicle.][F4Obligatory if committed in respect of a motor vehicle.][F42]
RTRA section [F535A(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 [F635A(2)][F7Misuse of apparatus for collecting charges or of parking device or connected apparatus]Summarily.Level 3 on the standard scale.
RTRA section [F835A(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.[F93-6 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.
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 117Wrongful use of disabled person’s badge.Summarily.Level 3 on the standard scale.
RTRA section 129 (3)Failure to give evidence at inquiry.Summarily.Level 3 on the standard scale.

Textual Amendments

F1 Words in Sch. 2 Pt. I inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 2; S.I. 1992/1286, art. 2, Sch.

F2 Entry in Sch. 2 Pt. I inserted (3.5.1994) by 1994 c. 11, s. 1(2).

F3 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 3; S.I. 1992/1286, art. 2, Sch.

F4 Entry in Sch. 2 Pt. I repealed (1.11.1991 for E.W. and 1.1.1993 for S.) by New Roads and Street Works Act 1991 (c. 22, SIF 59), ss. 168(2), 170, Sch. 9 (with s. 25(2) ); S.I. 1991/2288, art. 2(2), Sch.; S.I. 1992/2990, art. 2(2), Sch.

F9 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 4; S.I. 1992/1286, art. 2, Sch.

Offences under the Road Traffic Act 1988
RTA section 1Causing death by [F10dangerous] driving.On indictment.[F1110years. ]Obligatory.Obligatory.[F123-11]
RTA section 2[F13 Dangerous] driving.(a) Summarily.(a) 6 months or the statutory maximum or both.(i) [F14Obligatory]Obligatory.(i) [F153-11]
(ii) [F14Obligatory](ii) [F153-11]
(b) On indictment.(b) 2 years or a fine or both.
RTA section 3Careless, and inconsiderate, driving.Summarily.Level 4 on the standard scale.Discretionary.Obligatory.3–9
[F16RTA section 3A][F16Causing death by careless driving when under influence of drink or drugs.][F16On indictment.] [F16[F1110 years or a fine or both.]][F16Obligatory.][F16Obligatory.][F163-11.]
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.[F173-11]
RTA section 4(2)Being in charge of a [F18mechanically 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.[F193-11]
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
RTA section 6Failing to provide a specimen of breath for a breath test.Summarily.Level 3 on the standard scale.Discretionary.Obligatory.4
RTA section 7Failing to provide specimen for analysis or laboratory test.Summarily.(a) Where the specimen was required to ascertain ability to drive or proportion of alcohol 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) [F203-11 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.
[F21RTA section 7AFailing to allow specimen to be subjected to laboratory testSummarily

(a) Where the test would be for ascertaining ability to drive or proportion of alcohol 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 12Motor racing and speed trials on public ways.Summarily.Level 4 on the standard scale.Obligatory.Obligatory.[F223-11]
RTA section 13Other unauthorised or irregular competitions or trials on public ways.Summarily.Level 3 on the standard scale.
RTA section 14Driving 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.Summarily.Level 2 on the standard scale.
RTA section 15(4)Driving motor vehicle with child in rear not wearing seat belt.Summarily.Level 1 on the standard scale.
[F23RTA section 15A(3) or (4)][F23Selling etc. in certain circumstances equipment as conducive to the safety of children in motor vehicles.][F23Summarily .][F23Level 3 on the standard scale.]
RTA section 16Driving or riding motor cycles in contravention of regulations requiring wearing of protective headgear.Summarily.Level 2 on the standard scale.
RTA section 17Selling, 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 19Prohibition of parking of heavy commercial vehicles on verges, etc.Summarily.Level 3 on the standard scale.
[F24RTA section 19A][F24Prohibition of parking of vehicles other than heavy commercial vehicles on verges, etc.][F24Summarily][F24Level 3 on the standard scale.]
RTA section 21Driving or parking on cycle track.Summarily.Level 3 on the standard scale.
RTA section 22Leaving 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
[F25RTA section 22A][F25Causing danger to road-users.][F25(a) Summarily.][F25(a) 6 months or the statutory maximum or both.] _ _ _
[F25(b) On indictment.][F25(b) 7 years or a fine or both.]
RTA section 23Carrying passenger on motor-cycle contrary to section 23.Summarily.Level 3 on the standard scale.Discretionary.Obligatory.[F263]
RTA section 24Carrying passenger on bicycle contrary to section 24.Summarily.Level 1 on the standard scale.
RTA section 25Tampering with motor vehicles.Summarily.Level 3 on the standard scale.
RTA section 26Holding or getting on to vehicle, etc., in order to be towed or carried.Summarily.Level 1 on the standard scale.
RTA section 27Dogs on designated roads without being held on lead.Summarily.Level 1 on the standard scale.
RTA section 28[F27 dangerous] cycling.Summarily.[F28Level 4] on the standard scale.
RTA section 29Careless, and inconsiderate, cycling.Summarily.[F29Level 3] on the standard scale.
RTA section 30Cycling when unfit through drink or drugs.Summarily.Level 3 on the standard scale.
RTA section 31Unauthorised or irregular cycle racing or trials of speed on public ways.Summarily.Level 1 on the standard scale.
RTA section 32Contravening prohibition on persons under 14 driving electrically assisted pedal cycles.Summarily.Level 2 on the standard scale.
RTA section 33Unauthorised motor vehicle trial on footpaths or bridleways.Summarily.Level 3 on the standard scale.
RTA section 34Driving [F30mechanically propelled] vehicles elsewhere than on roads.Summarily.Level 3 on the standard scale.
RTA section 35Failing to comply with traffic directions.SummarilyLevel 3 on the standard scale.Discretionary, if committed in respect of a motor vehicle by failure to comply with a direction of a constable or traffic warden.Obligatory if committed as described in column 5.3
RTA section 36Failing to comply with traffic signs.SummarilyLevel 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 37Pedestrian failing to stop when directed by constable regulating traffic.Summarily.Level 3 on the standard scale.
[F31RTA section 40A][F31Using vehicle in dangerous condition etc.][F31Summarily.][F31(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.][F31Discretionary.][F31Obligatory.][F313]
[F31(b) Level 4 on the standard scale in any other case.]
[F31RTA section 41A][F31Breach of requirement as to brakes, steering-gear or tyres.][F31Summarily.][F31 (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.][F31 Discretionary.][F31Obligatory.][F313]
[F31(b) Level 4 on the standard scale in any other case.]
[F31RTA section 41B][F31Breach of requirement as to weight: goods and passenger vehicles.][F31Summarily.][F31Level 5 on the standard scale .] _ _ _
[F31RTA section 42][F31Breach of other construction and use requirements.][F31Summarily.][F31(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.] _ _
[F31Level 3 on the standard scale in any other case.] _ _
RTA section 47Using, 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 64Using goods vehicle with unauthorised weights as well as authorised weights marked on it.Summarily.Level 3 on the standard scale.
[F32RTA section 64A]Failure to hold EC certificate of conformity for unregistered light passenger vehicle [F33or motor cycle].Summarily.Level 3 on the standard scale.
RTA section 65Supplying 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.
[F34RTA section 65A] Light passenger vehicles [F35and motor cycles] not to be sold without EC certificate of conformity. Summarily. Level 5 on the standard scale.
RTA section 67Obstructing 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.
[F36RTA section 67A(including application by section 67B(4)).][F36Failure 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.][F36Summarily.][F36Level 3 on the standard scale.]
[F36RTA section 67B][F36Obstructing 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.][F36Summarily.][F36Level 3 on the standard scale.]
RTA section 68Obstructing inspection, etc., of [F37goods] vehicle by examiner or failing to comply with requirement to take [F37goods] vehicle for inspection.Summarily.Level 3 on the standard scale.
RTA section 71Driving, etc., [F37goods] 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 [F37goods] vehicle found overloaded.Summarily.Level 5 on the standard scale.
RTA section 74Contravention 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 75Selling, 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 77Obstructing examiner testing condition of used vehicles at sale rooms, etc.Summarily.Level 3 on the standard scale.
RTA section 78Failing to comply with requirement about weighing motor vehicle or obstructing authorised person.Summarily.Level 5 on the standard scale.
RTA section 81Selling, etc., pedal cycle in contravention of regulations as to brakes, bells, etc.Summarily.Level 3 on the standard scale.
RTA section 83Selling, etc., wrongly made tail lamps or reflectors.Summarily.Level 5 on the standard scale.
[F38RTA section 87(1)][F38Driving otherwise than in accordance with a licence.][F38Summarily.][F38Level 3 on the standard scale.][F38Discretionary in a case where the offender’s driving would not have been in accordance with any licence that could have been granted to him.][F38Obligatory in the case mentioned in column 5.][F383-6]
RTA section 87(2)Causing or permitting a person to drive [F39otherwise than in accordance with] a licence.Summarily.Level 3 on the standard scale.
[F40RTA section 92(7C)][F40Failure to deliver licence revoked by virtue of section 92(7A) [F41and counterpart] to Secretary of State.][F40Summarily.][F40Level 3 on the standard scale.]
[F42RTA section 92(10)][F42Driving after making false declaration as to physical fitness.][F42Summarily.][F42Level 4 on the standard scale.][F42Discretionary.][F42Obligatory.][F423-6]
[F40RTA section 93(3)][F40Failure to deliver revoked licence [F43and counterpart] to Secretary of State.][F40Summarily.][F40Level 3 on the standard scale.]
RTA [F44Section 94(3)]Failure to notify Secretary of State of onset of, or deterioration in, relevant or prospective disability [F45and that subsection as applied by RTA section 99D .]Summarily.Level 3 on the standard scale.
[F46RTA section 94(3A)][F46Driving after such a failure][F45and that subsection as applied by RTA section 99D(b) ][F46Summarily.][F46Level 3 on the standard scale.][F46Discretionary.][F46Obligatory.][F463-6]
[F46RTA section 94A][F46Driving after refusal of licence under section 92(3) ][F47, revocation under section 93 or service of a notice under section 99C ][F46Summarily.][F466 months or level 5 on the standard scale or both.][F46Discretionary.][F46Obligatory.][F463-6]
RTA section 96Driving with uncorrected defective eyesight, or refusing to submit to test of eyesight.Summarily.Level 3 on the standard scale.Discretionary.Obligatory.[F483]
[F49RTA section 97][F49Failing to comply with any conditions prescribed for driving under provisional licence.][F49Summarily.][F49Level 3 on the standard scale.][F49Discretionary.][F49Obligatory.][F49 2]
[F49RTA section 98][F49Failing to comply with any conditions prescribed for driving under provisional licence where conditions applicable to driving under full licence.][F49Summarily.][F49Level 3 on the standard scale.][F49Discretionary.][F49Obligatory.][F492]
RTA section 99 [F50(5)]Driving licence holder failing [F51to surrender licence and counterpart].Summarily.Level 3 on the standard scale.
[F45RTA section 99B(11) ][F45Driving after failure to comply with a requirement under section 99B(6), (7) or (10). ][F45Summarily. ][F45Level 3 on the standard scale. ]'''
[F45RTA section 99(C)(4) ][F45Failure to deliver Community licence to Secretary of State when required by notice under section 99C. ][F45Summarily. ][F45Level 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.[F526]
(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.
RTA section 109Failing to produce to court Northern Ireland driving licence [F53and counterpart].Summarily.Level 3 on the standard scale.
[F54RTA section 114][F54Failing to comply with conditions of LGV][F47PCV licence or LGV Community licence [F55and counterpart], or causing or permitting person under 21 to drive LGV or PCV in contravention of such conditions.][F54Summarily.][F54Level 3 on the standard scale.]
[F45RTA section 115A(4), ][F45Failure to deliver LGV or PCV Community licence when required by notice under section 115A. ][F45Summarily. ][F45Level 3 on the standard scale. ]
[F54RTA section 118][F54Failing to surrender revoked or suspended LGV or PCV licence [F55and counterpart].][F54Summarily.][F54Level 3 on the standard scale.]
F56F56F56F56F56F56F56F56Regulations made by virtue of RTA [F57section 120(5)]Contravention of provision of regulations (which is declared by regulations to be an offence) about [F58LGV or PCV]drivers’ licences [F45or 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.
[F59RTA section 125A(4) ][F59Failure, on application for registration as disabled driving instructor, to notify Registrar of onset of, or deterioration in, relevant or prospective disability. ][F59Summarily.][F59Level 3 on the standard scale. ]
[F59RTA section 133C(4)][F59Failure by registered or licensed disabled driving instructor to notify Registrar of onset of, or deterioration in, relevant or prospective disability. ][F59Summarily. ][F59Level 3 on the standard scale. ]
[F59RTA section 133D ][F59Giving of paid driving instruction by disabled persons or their employees without emergency control certificate or in unauthorised motor car.][F59Summarily.][F59Level 3 on the standard scale. ]
RTA section 135Unregistered 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 136Failure of instructor to surrender to Registrar certificate or licence.Summarily.Level 3 on the standard scale.
RTA section 137Failing to produce certificate of registration or licence as driving instructor.Summarily.Level 3 on the standard scale.
RTA section 143Using motor vehicle while uninsured or unsecured against third-party risks.Summarily.[F60Level 5]on the standard scale.Discretionary.Obligatory.6–8
RTA section 147Failing to surrender certificate of insurance or security to insurer on cancellation or to make statutory declaration of loss or destruction.Summarily.Level 3 on the standard scale.
RTA section 154Failing to give information, or wilfully making a false statement, as to insurance or security when claim made.Summarily.Level 4 on the standard scale.
RTA section 163Failing to stop motor vehicle or cycle when required by constable.Summarily.Level 3 on the standard scale.
RTA section 164Failing to produce driving licence [F61and counterpart][F62etc] 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 [F63constable] certain names and addresses or to produce certain documents.Summarily.Level 3 on the standard scale.
RTA section 168Refusing 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 169Pedestrian 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.[F64Six months or level 5 on the standard scale or both]Discretionary.Obligatory.[F655-10]
RTA section 170(7)Failure by driver, in case of accident involving injury to another, to produce evidence of insurance or security or to report accident.Summarily.Level 3 on the standard scale.
RTA section 171Failure by owner of motor vehicle to give police information for verifying compliance with requirement of compulsory insurance or security.Summarily.Level 4 on the standard scale.
RTA section 172Failure 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.[F66 Discretionary, if committed otherwise than by virtue of subsection (5) or (11).][F66Obligatory, if committed otherwise than by virtue of subsection (5) or (11).][F663]
RTA section 173Forgery, etc., of licences, [F45counterparts of Community licences, test certificates, certificates of insurance and other documents and things.](a) Summarily.(a) The statutory maximum.
(b) On indictment.(b) 2 years.
RTA section 174Making certain false statements, etc., and withholding certain material information.Summarily.Level 4 on the standard scale.
RTA section [F67175][F67 175(1)]Issuing false documents.Summarily.Level 4 on the standard scale.
[F68RTA section 175(2)][F69Falsely amending certificate of conformity.][F69Summarily.][F70Level 4 on the standard scale][F71 . . .]
RTA section 177Impersonation of, or of person employed by, authorised examiner.Summarily.Level 3 on the standard scale.
RTA section 178Taking, 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.[F72Obligatory.][F728]
(b) On indictment.(b) 12 months or a fine or both.
RTA section 180Failing to attend, give evidence or produce documents to, inquiry held by Secretary of State, etc.Summarily.Level 3 on the standard scale.
RTA section 181Obstructing inspection of vehicles after accident.Summarily.Level 3 on the standard scale.
RTA Schedule 1 paragraph 6Applying warranty to [F73equipment, 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.

Textual Amendments

F11 Words in Sch. 2 Pt. I substituted (16.8.1993) by 1993 c. 36, s. 67(1); (E.W.) S.I. 1993/1968, art. 2(1) Sch. 1 and (S.) 1993/2035, art. 2(1) (by art. 2(2) of that S.I. it is provided that the substituting enactment shall not apply in relation to any offence committed before 16.8.1993).

F12 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26 , Sch. 2 para. 5(b); S.I. 1992/1286, art. 2, Sch.

F15 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 6(c); S.I. 1992/1286, art. 2, Sch.

F17 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para.8; S.I. 1992/1286, art. 2, Sch.

F18 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 9; S.I. 1992/1286, art. 2, Sch.

F19 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 10; S.I. 1992/1286, art. 2, Sch.

F20 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 11; S.I. 1992/1286, art. 2, Sch.

F21 Sch 2 Pt. I: words in entry inserted (1.10.2002) by 2002 c. 30, s. 56(5); S.I. 2002/2306, art. 2(d)(v)

F22 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 12; S.I. 1992/1286, art. 2, Sch.

F26 Word in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 14; S.I. 1992/1286, art. 2, Sch.

F28 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 15(b); S.I. 1992/1286, art. 2, Sch.

F29 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 16; S.I. 1992/1286, art. 2, Sch.

F30 Words in Sch. 2 Pt. I substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 67, 103(2), Sch. 7 para. 8

F31 Entries in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 17; S.I. 1992/1286, art. 2, Sch.

F32 Entry in Sch. 2 Pt. I inserted (1.1.1996) by S.I. 1992/3107, reg. 16, Sch. 2 para. 7

F33 Sch. 2 Pt. I: words in entry inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 5(2)

F34 Entry in Sch. 2 Pt. I inserted (1.1.1996) by S.I. 1992/3107, reg. 16, Sch. 2 para. 7

F35 Sch. 2 Pt. I: words in entry inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 5(3)

F37 Words in Sch. 2 Pt. I repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, 83, Sch. 2 para. 18, Sch. 8; S.I. 1992/1286, art. 2, Sch. Appendix.

F38 Entry in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 19; S.I. 1992/1286, art. 2, Sch.

F39 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 20; S.I. 1992/1286, art. 2, Sch.

F41 Words inserted by virtue of S.I. 1990/144, regs. 2(3), 3, Sch. 3 para. 3(5)(a)(i)

F43 Words inserted by virtue of S.I. 1990/144, regs. 2(3), 3, Sch. 3 para. 3(5)(a)(ii)

F44 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 22; S.I. 1992/1286, art. 2, Sch.

F45 Words and entries in Sch. 2 Pt. I inserted (1.1.1997) by S.I. 1996/1974, reg. 3, Sch. 2 para. 8(a)(b)(d)(f)-(h)

F46 Entries in Sch. 2 Pt. I inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 23; S.I. 1992/1286, art. 2, Sch.

F47 Words in Sch. 2 Pt. I substituted (1.1.1997) by S.I. 1996/1974, reg. 3, Sch. 2 para. 8(c)(e)

F48 Word in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 24; S.I. 1992/1286, art. 2, Sch.

F49 Entries in Sch. 2 Pt. I repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch. Appendix.

F51 Words in Sch. 2 Pt. I substituted (1.7.1998) by S.I. 1998/1420, reg. 16(3)

F52 Word in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 25; S.I. 1992/1286, art. 2, Sch.

F55 Words inserted by virtue of S.I. 1990/144, regs. 2(3), 3, Sch. 3 para. 3(5)(c)

F59 Entries in Sch. 2 Pt. I inserted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 11; S.I. 1996/1980, art. 2.

F60 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 26; S.I. 1992/1286, art. 2, Sch.

F62 Word in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 27; S.I. 1992/1286, art. 2, Sch.

F63 Word in Sch. 2 Pt. I repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, 83, Sch. 2 para. 28, Sch. 8; S.I. 1992/1286, art. 2, Sch. Appendix.

F64 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 29(a); S.I. 1992/1286, art. 2, Sch.

F65 Words in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2 para. 29(b); S.I. 1992/1286, art. 2, Sch.

F72 Entries in Sch. 2 Pt. I repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, 83, Sch. 2 para. 31, Sch. 8; S.I. 1992/1286, art. 2, Sch. Appendix.

Offences under this Act

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 [F74and counterpart] to court making order for interim disqualification [F75on committal for sentence etc.]Summarily.Level 3 on the standard scale.
Section 27 of this Act.Failing to produce licence [F76and counterpart] to court for endorsement on conviction of offence involving obligatory endorsement or on committal for sentence, etc., for offence involving obligatory or discretionary disqualification when no interim disqualification ordered.Summarily.Level 3 on the standard scale.
[F77 . . .]
Section 62 of this Act.Removing fixed penalty notice fixed to vehicle.Summarily.Level 2 on the standard scale.
Section 67 of this Act.False statement in response to notice to owner.Summarily.Level 5 on the standard scale.

Textual Amendments

F75 Words in Sch. 2 Pt. I repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch. Appendix.

[F78Offences under the Road Traffic (Driver Licensing and Information Systems) Act 1989]

[F78RTA 1989 s. 1(5)][F78Failure of holder of existing HGV or PSV driver’s licence to surrender it upon revocation or surrender of his existing licence under Part III of RTA.][F78Summarily.][F78Level 3 on the standard scale]
[F78RTA 1989, Schedule 1, para. 3][F78Failing to comply with conditions of existing HGV driver’s licence, or causing or permitting person under 21 to drive HGV in contravention of such conditions.][F78Summarily.][F78Level 3 on the standard scale.]
[F78RTA 1989, Schedule 1, para. 8(2)][F78Contravention of provision of regulations (which is declared by regulations to be an offence) about existing HGV or PSV driver’s licences.][F78Summarily.][F78Level 3 on the standard scale.]
[F78RTA 1989, Schedule 1, para. 10(4)][F78Taking PSV test before applying for licence or within prescribed period afterwards.][F78Summarily.][F78Level 3 on the standard scale.]
[F78RTA 1989, Schedule 1, para. 10(5)][F78Taking PSV test after refusal of licence.][F78Summarily.][F78Level 3 on the standard scale.]

Textual Amendments

F78 Entry inserted (1.4.1991 except so far as it relates to offences under paragraph 10(4) and (5) of Part II of Schedule 1 to the Act which came into force on 8.11.1989) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 29

Part IIE+W+S 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.[F793-11]
[F80An 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.F81. . .F81. . .
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.F81. . .F81. . .
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.DiscretionaryF81. . .F81. . .

Textual Amendments

F79Words in Sch. 2 Pt. II substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch 2 para. 32(2); S.I. 1992/1286, art. 2,Sch.

F80Entry in Sch. 2 Pt. II inserted (1.4.1992) by Aggravated Vehicle-Taking Act 1992 (c. 11), s. 3(1); S.I. 1992/764, art 2

F81Entries in Sch. 2 Pt. II repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, 83, Sch. 2 para. 32(3), Sch.8; S.I. 1992/1286, art. 2,Sch.

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