Road Traffic Offenders Act 1988

Part I — Trial

Introductory

Use of records kept by operators of goods vehicles.

1

• (1) Subject to section 2 of this Act, a person shall not be convicted of an offence to which this section applies unless—

• (a) he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or

• (b) within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or

• (c) within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was—

• (i) in the case of an offence under section 28 or 29 of the Road Traffic Act 1988 (cycling offences), served on him,

• (ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.

• (1ZA) In the case of an offence to be prosecuted in England and Wales, a notice required by this section to be served on any person may be served on that person in accordance with Criminal Procedure Rules.

• (1ZB) For the purposes of subsection (1ZA)—

• (a) Criminal Procedure Rules (as they have effect from time to time) apply to the notice as if it were a document to be served in criminal proceedings before a magistrates’ court, and

• (b) any magistrates’ court may discharge functions conferred on a court by those Rules in relation to such service.

• (1ZC) In the case of an offence to be prosecuted elsewhere, subsections (1A) and (2) apply.

• (1A) A notice required by this section to be served on any person may be served on that person—

• (a) by delivering it to him;

• (b) by addressing it to him and leaving it at his last known address; or

• (c) by sending it by registered post, recorded delivery service or first class post addressed to him at his last known address.

• (2) A notice shall be deemed for the purposes of subsection (1)(c) above to have been served on a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him.

• (3) The requirement of subsection (1) above shall in every case be deemed to have been complied with unless and until the contrary is proved.

• (4) Schedule 1 to this Act shows the offences to which this section applies.

Penalty points to be taken into account on conviction.

2

• (1) The requirement of section 1(1) of this Act does not apply in relation to an offence if, at the time of the offence or immediately after it, an accident occurs owing to the presence on a road of the vehicle in respect of which the offence was committed.

• (2) The requirement of section 1(1) of this Act does not apply in relation to an offence in respect of which—

• (a) a fixed penalty notice (within the meaning of Part III of this Act) has been given or fixed under any provision of that Part, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Failure to comply with the requirement of section 1(1) of this Act is not a bar to the conviction of the accused in a case where the court is satisfied—

• (a) that neither the name and address of the accused nor the name and address of the registered keeper, if any, could with reasonable diligence have been ascertained in time for a summons or, as the case may be, a complaint to be served or for a notice to be served or sent in compliance with the requirement, or

• (b) that the accused by his own conduct contributed to the failure.

• (4) Failure to comply with the requirement of section 1(1) of this Act in relation to an offence is not a bar to the conviction of a person of that offence by virtue of the provisions of—

• (a) section 24 of this Act, or

• (b) any of the enactments mentioned in section 24(6);

but a person is not to be convicted of an offence by virtue of any of those provisions if section 1 applies to the offence with which he was charged and the requirement of section 1(1) was not satisfied in relation to the offence charged.

Restriction on institution of proceedings for certain offences

3

• (1) . . .

• (2) In England and Wales, proceedings for an offence under section 94(3) of the Road Traffic Act 1988 (notice about relevant or prospective disability) shall not be instituted except by the Secretary of State or by a constable acting with the approval of the Secretary of State.

• (2A) In subsection (2) above the reference to section 94(3) of the Road Traffic Act 1988 includes a reference to that section as applied by section 99D or 109C of that Act.

Effect of endorsement on Community licence holders.

4

• (1) The council of a county, metropolitan district or London Borough or the Common Council of the City of London may institute proceedings for an offence under section 15A of the Road Traffic Act 1988 (safety equipment for children in motor vehicles) or under section 17 or 18 of that Act (helmets and other head-worn appliances for motor cyclists).

• (2) The council of a county, metropolitan district or London Borough or the Common Council of the City of London may institute proceedings for an offence under section 27 of that Act (dogs on roads) relating to a road in their area.

• (3) The council of a county, district or London borough or the Common Council of the City of London may institute proceedings for offences under section 35A(1), (2) or (5) of the Road Traffic Regulation Act 1984 which are committed in connection with parking places provided by the council, or provided under any letting arrangements made by the council under section 33(4) of that Act.

• (4) The council of a county, metropolitan district or London borough or the Common Council of the City of London may institute proceedings for an offence under section 47 or 52 of the Road Traffic Regulation Act 1984 in connection with a designated parking place controlled by the council.

• (5) In England, the council of a county or metropolitan district and, in Wales, the council of a county or county borough may institute proceedings for an offence under section 53 of the Road Traffic Regulation Act 1984 in connection with a designated parking place in the council’s area . . .

• (6) In this section “parking place” means a place where vehicles, or vehicles of any class, may wait and “designated parking place” has the same meaning as in the Road Traffic Regulation Act 1984.

• (7) This section extends to England and Wales only.

• (8) In relation to Wales, any reference in subsections (1) to (4) above to a county shall be read as including a reference to a county borough.

Exemption from Licensing Act offence

5

A person liable to be charged with an offence under section 3A, 4, 5, 7 or 30 of the Road Traffic Act 1988 (drink and drugs) is not liable to be charged under section 12 of the Licensing Act 1872 with the offence of being drunk while in charge, on a highway or other public place, of a carriage.

Time within which summary proceedings for certain offences must be commenced

6

• (1) Subject to subsection (2) below, summary proceedings for an offence to which this section applies may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

• (2) No such proceedings shall be brought by virtue of this section more than three years after the commission of the offence.

• (3) For the purposes of this section, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.

• (4) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

• (5) In relation to proceedings in Scotland, subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (date of commencement of proceedings) shall apply for the purposes of this section as it applies for the purposes of that.

• (6) Schedule 1 to this Act shows the offences to which this section applies.

Duty of accused to provide licence

7

• (1) Where—

• (a) a person who is the holder of a licence is prosecuted for an offence involving obligatory or discretionary disqualification,

• (b) there is a hearing, and

• (c) the person attends the hearing,

the person must bring the licence to the hearing.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to include date of birth and sex in written plea of guilty

8

A person who—

• (a) gives a notification to the designated officer for a magistrates' court in pursuance of section 12(4) of the Magistrates’ Courts Act 1980 (written pleas of guilty),

• (aa) serves a written notification on the designated officer for a magistrates' court stating a desire to plead guilty and to be tried in accordance with section 16A of the Magistrates' Courts Act 1980 (trial by single justice on the papers),

• (ab) gives a notification amounting to acceptance of the automatic online conviction option (within the meaning of section 16G of the Magistrates’ Courts Act 1980), or

• (b) gives a written intimation of a plea of guilty in pursuance of section 334(3) of the Criminal Procedure (Scotland) Act 1975,

in respect of an offence involving obligatory or discretionary disqualification or of such other offence as may be prescribed by regulations under section 105 of the Road Traffic Act 1988, must include in the notification or intimation a statement of the date of birth and sex of the accused.

Trial

Mode of trial

9

An offence against a provision of the Traffic Acts specified in column 1 of Part I of Schedule 2 to this Act or regulations made under such a provision (the general nature of which offence is indicated in column 2) shall be punishable as shown against the offence in column 3 (that is, on summary conviction or on indictment or in either one way or the other).

Jurisdiction of district court in Scotland

10

• (1) Notwithstanding anything in any enactment or rule of law to the contrary, a justice of the peace court in Scotland may try—

• (a) any fixed penalty offence (within the meaning of Part III of this Act), and

• (b) any other offence in respect of which a conditional offer (within the meaning of sections 75 to 77A of this Act) may be sent.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evidence by certificate as to driver, user or owner

11

• (1) In any proceedings in England and Wales for an offence to which this section applies, a certificate in the prescribed form, purporting to be signed by a constable and certifying that a person specified in the certificate stated to the constable—

• (a) that a particular mechanically propelled vehicle was being driven or used by, or belonged to, that person on a particular occasion, or

• (b) that a particular mechanically propelled vehicle on a particular occasion was used by, or belonged to, a firm and that he was, at the time of the statement, a partner in that firm, or

• (c) that a particular mechanically propelled vehicle on a particular occasion was used by, or belonged to, a corporation and that he was, at the time of the statement, a director, officer or employee of that corporation,

shall be admissible as evidence for the purpose of determining by whom the vehicle was being driven or used, or to whom it belonged, as the case may be, on that occasion.

• (2) Nothing in subsection (1) above makes a certificate admissible as evidence in proceedings for an offence except in a case where and to the like extent to which oral evidence to the like effect would have been admissible in those proceedings.

• (3) Nothing in subsection (1) above makes a certificate admissible as evidence in proceedings for an offence—

• (a) unless a copy of it has, not less than seven days before the hearing or trial, been served in the prescribed manner on the person charged with the offence, or

• (b) if that person, not later than three days before the hearing or trial or within such further time as the court may in special circumstances allow, serves a notice in the prescribed form and manner on the prosecutor requiring attendance at the trial of the person who signed the certificate.

• (3A) Where the proceedings mentioned in subsection (1) above are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect with the omission of—

• (a) subsection (2), and

• (b) in subsection (3), paragraph (b) and the word “or” immediately preceding it.

• (4) In this section “prescribed” means prescribed by rules made by the Secretary of State by statutory instrument.

• (5) Schedule 1 to this Act shows the offences to which this section applies.

Proof, in summary proceedings, of identity of driver of vehicle

12

• (1) Where on the summary trial in England and Wales of an information for an offence to which this subsection applies—

• (a) it is proved to the satisfaction of the court, on oath or in manner prescribed by Criminal Procedure Rules, that a requirement under section 172(2) of the Road Traffic Act 1988 to give information as to the identity of the driver of a particular vehicle on the particular occasion to which the information relates has been served on the accused in accordance with Criminal Procedure Rules, and

• (b) a statement in writing is produced to the court purporting to be signed by the accused that the accused was the driver of that vehicle on that occasion,

the court may accept that statement as evidence that the accused was the driver of that vehicle on that occasion.

• (2) Schedule 1 to this Act shows the offences to which subsection (1) above applies.

• (3) Where on the summary trial in England and Wales of an information for an offence to which section 112 of the Road Traffic Regulation Act 1984 applies—

• (a) it is proved to the satisfaction of the court, on oath or in manner prescribed by Criminal Procedure Rules, that a requirement under section 112(2) of the Road Traffic Regulation Act 1984 to give information as to the identity of the driver of a particular vehicle on the particular occasion to which the information relates has been served on the accused in accordance with Criminal Procedure Rules, and

• (b) a statement in writing is produced to the court purporting to be signed by the accused that the accused was the driver of that vehicle on that occasion,

the court may accept that statement as evidence that the accused was the driver of that vehicle on that occasion.

• (4) In summary proceedings in Scotland for an offence to which section 20(2) of the this Act applies, where—

• (a) it is proved to the satisfaction of the court that a requirement under section 172(2) of the Road Traffic Act 1988 to give information as to the identity of a driver on a particular occasion to which the complaint relates has been served on the accused by post, and

• (b) a statement in writing is produced to the court, purporting to be signed by the accused, that the accused was the driver of that vehicle on that occasion,

that statement shall be sufficient evidence that the accused was the driver of the vehicle on that occasion.

Admissibility of records as evidence

13

• (1) This section applies to a statement contained in a document purporting to be—

• (a) a part of the records maintained by the Secretary of State in connection with any functions exercisable by him by virtue of Part III of the Road Traffic Act 1988 or a part of any other records maintained by the Secretary of State with respect to vehicles or of any records maintained with respect to vehicles by an approved testing authority in connection with the exercise by that authority of any functions conferred on such authorities, or on that authority as such an authority, by or under any enactment, or

• (b) a copy of a document forming part of those records, or

• (c) a note of any information contained in those records,

and to be authenticated by a person authorised in that behalf by the Secretary of State.

• (2) A statement to which this section applies shall be admissible in any proceedings as evidence (in Scotland, sufficient evidence) of any fact stated in it to the same extent as oral evidence of that fact is admissible in those proceedings.

• (3) In the preceding subsections, except in Scotland—

• “ copy ”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly;

• “ document ” means anything in which information of any description is recorded; and

• “ statement ” means any representation of fact, however made.

• (3A) In any case where—

• (a) a person is convicted by a magistrates’ court of a summary offence under the Traffic Acts or the Road Traffic (Driver Licensing and Information Systems) Act 1989,

• (b) a statement to which this section applies is produced to the court in the proceedings,

• (c) the statement specifies an alleged previous conviction of the accused of an offence involving obligatory endorsement or an order made on the conviction, and

• (d) the accused is not present in person before the court when the statement is so produced,

the court may take account of the previous conviction or order as if the accused had appeared and admitted it.

• (3B) Section 104 of the Magistrates’ Courts Act 1980 (under which previous convictions may be adduced in the absence of the accused after giving him seven days’ notice of them) does not limit the effect of subsection (3A) above.

• (3A) In Scotland, in the preceding subsections “ document ” and “ statement ” have the same meanings as in section 17(3) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968, and the reference to a copy of a document shall be construed in accordance with section 17(4) of that Act; but nothing in this subsection shall be construed as limiting to civil proceedings the references to proceedings in subsection (2) above.

• (4) In any case where—

• (a) a statement to which this section applies is produced to a magistrates’ court in any proceedings for an offence involving obligatory or discretionary disqualification, other than a summary offence under any of the enactments mentioned in subsection (3A)(a) above.

• (b) the statement specifies an alleged previous conviction of an accused person of any such offence or any order made on the conviction,

• (c) it is proved to the satisfaction of the court, on oath or in such manner as may be prescribed by Criminal Procedure Rules, that not less than seven days before the statement is so produced a notice was served on the accused, in such form and manner as may be so prescribed, specifying the previous conviction or order and stating that it is proposed to bring it to the notice of the court in the event of or, as the case may be, in view of his conviction, and

• (d) the accused is not present in person before the court when the statement is so produced,

the court may take account of the previous conviction or order as if the accused had appeared and admitted it.

• (5) Nothing in the preceding provisions of this section enables evidence to be given in respect of any matter other than a matter of a description prescribed by regulations made by the Secretary of State.

• (6) The power to make regulations under this section shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (7) Where the proceedings mentioned in subsection (2) above are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect as if—

• (a) in subsection (2) the words “to the same extent as oral evidence of that fact is admissible in those proceedings” were omitted;

• (b) in subsection (4) the word “and” were inserted at the end of paragraph (a);

• (c) in subsection (4), paragraphs (c) and (d) and the words “as if the accused had appeared and admitted it” were omitted.

Use of records kept by operators of goods vehicles

14

In any proceedings for an offence under section 40A of the Road Traffic Act 1988 or for a contravention of or failure to comply with construction and use requirements (within the meaning of Part II of the Road Traffic Act 1988) or regulations under section 74 of that Act, any record purporting to be made and authenticated in accordance with regulations under that section shall be evidence (and in Scotland sufficient evidence) of the matters stated in the record and of its due authentication.

Use of specimens in proceedings for an offence under section 4 or 5 of the Road Traffic Act

15

• (1) This section and section 16 of this Act apply in respect of proceedings for an offence under any of sections 3A to 5A of the Road Traffic Act 1988 (driving offences connected with drink or drugs); and expressions used in this section and section 16 of this Act have the same meaning as in sections 3A to 10 of that Act.

• (2) Evidence of the proportion of alcohol or any drug in a specimen of breath, blood or urine provided by or taken from the accused shall, in all cases (including cases where the specimen was not provided or taken in connection with the alleged offence), be taken into account and—

• (a) it is to be assumed, subject to subsection (3) below, that the proportion of alcohol in the accused's breath, blood or urine at the time of the alleged offence was not less than in the specimen;

• (b) it is to be assumed, subject to subsection (3A) below, that the proportion of a drug in the accused's blood or urine at the time of the alleged offence was not less than in the specimen.

• (3) The assumption in subsection (2)(a) above shall not be made if the accused proves—

• (a) that he consumed alcohol before he provided the specimen or had it taken from him and—

• (i) in relation to an offence under section 3A, after the time of the alleged offence, and

• (ii) otherwise, after he had ceased to drive, attempt to drive or be in charge of a vehicle on a road or other public place, and

• (b) that had he not done so the proportion of alcohol in his breath, blood or urine would not have exceeded the prescribed limit and, if it is alleged that he was unfit to drive through drink, would not have been such as to impair his ability to drive properly.

• (3A) The assumption in subsection (2)(b) above is not to be made if the accused proves—

• (a) that he took the drug before he provided the specimen or had the specimen taken from him and—

• (i) in relation to an offence under section 3A, after the time of the alleged offence, and

• (ii) otherwise, after he had ceased to drive, attempt to drive or be in charge of a vehicle on a road or other public place, and

• (b) that had he not done so the proportion of the drug in his blood or urine—

• (i) in the case of a specified controlled drug, would not have exceeded the specified limit for that drug, and

• (ii) if it is alleged that he was unfit to drive through drugs, would not have been such as to impair his ability to drive properly.

• (4) A specimen of blood shall be disregarded unless-

• (a) it was taken from the accused with his consent by a medical practitioner or a registered health care professional, or

• (b) it was taken from the accused by a medical practitioner or a registered health care professional under section 7A of the Road Traffic Act 1988 and the accused subsequently gave his permission for a laboratory test of the specimen.

• (5) Where, at the time a specimen of blood or urine was provided by the accused, he asked to be provided with such a specimen, evidence of the proportion of alcohol or any drug found in the specimen is not admissible on behalf of the prosecution unless—

• (a) the specimen in which the alcohol or drug was found is one of two parts into which the specimen provided by the accused was divided at the time it was provided, and

• (b) the other part was supplied to the accused.

• (5A) Where a specimen of blood was taken from the accused under section 7A of the Road Traffic Act 1988, evidence of the proportion of alcohol or any drug found in the specimen is not admissible on behalf of the prosecution unless—

• (a) the specimen in which the alcohol or drug was found is one of two parts into which the specimen taken from the accused was divided at the time it was taken; and

• (b) any request to be supplied with the other part which was made by the accused at the time when he gave his permission for a laboratory test of the specimen was complied with.

Documentary evidence as to specimens in such proceedings

16

• (1) Evidence of the proportion of alcohol or a drug in a specimen of breath, blood or urine may, subject to subsections (3) and (4) below and to section 15(5) and (5A)of this Act, be given by the production of a document or documents purporting to be whichever of the following is appropriate, that is to say—

• (a) a statement automatically produced by the device by which the proportion of alcohol in a specimen of breath was measured and a certificate signed by a constable (which may but need not be contained in the same document as the statement) that the statement relates to a specimen provided by the accused at the date and time shown in the statement, and

• (b) a certificate signed by an authorised analyst as to the proportion of alcohol or any drug found in a specimen of blood or urine identified in the certificate.

• (2) Subject to subsections (3) and (4) below, evidence that a specimen of blood was taken from the accused with his consent by a medical practitioner or a registered health care professional may be given by the production of a document purporting to certify that fact and to be signed by a medical practitioner or a registered health care professional.

• (3) Subject to subsection (4) below—

• (a) a document purporting to be such a statement or such a certificate (or both such a statement and such a certificate) as is mentioned in subsection (1)(a) above is admissible in evidence on behalf of the prosecution in pursuance of this section only if a copy of it either has been handed to the accused when the document was produced or has been served on him not later than seven days before the hearing, and

• (b) any other document is so admissible only if a copy of it has been served on the accused not later than seven days before the hearing.

• (4) A document purporting to be a certificate (or so much of a document as purports to be a certificate) is not so admissible if the accused, not later than three days before the hearing or within such further time as the court may in special circumstances allow, has served notice on the prosecutor requiring the attendance at the hearing of the person by whom the document purports to be signed.

• (5) In Scotland—

• (a) a document produced in evidence on behalf of the prosecution in pursuance of subsection (1) or (2) above and, where the person by whom the document was signed is called as a witness, the evidence of that person, shall be sufficient evidence of the facts stated in the document, and

• (b) a written execution purporting to be signed by the person who handed to or served on the accused or the prosecutor a copy of the document or of the notice in terms of subsection (3) or (4) above, together with, where appropriate, a post office receipt for the registered or recorded delivery letter shall be sufficient evidence of the handing or service of such a copy or notice.

• (6) A copy of a certificate required by this section to be served on the accused or a notice required by this section to be served on the prosecutor may —

• (a) if the proceedings mentioned in section 15(1) take place in England and Wales, be served in accordance with Criminal Procedure Rules, or

• (b) if the proceedings take place elsewhere, be served personally or sent by registered post or recorded delivery service.

• (6A) Where the proceedings mentioned in section 15(1) of this Act are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect with the omission of subsection (4).

• (7) In this section “authorised analyst” means—

• (a) any person possessing the qualifications prescribed by regulations made under section 27 of the Food Safety Act 1990 as qualifying persons for appointment as public analysts under those Acts, and

• (b) any other person authorised by the Secretary of State to make analyses for the purposes of this section.

Provisions as to proceedings for certain offences in connection with the construction and use of vehicles and equipment

17

• (1) If in any proceedings for an offence under section 40A, 41A, 41B or 42 of the Road Traffic Act 1988 (using vehicle in dangerous condition or contravention of construction and use regulations)—

• (a) any question arises as to a weight of any description specified in the plating certificate for a goods vehicle, and

• (b) a weight of that description is marked on the vehicle,

it shall be assumed, unless the contrary is proved, that the weight marked on the vehicle is the weight so specified.

• (2) If, in any proceedings for an offence—

• (a) under Part II of the Road Traffic Act 1988, except sections 47 and 75, or

• (b) under section 174(2) or (5) (false statements and deception) of that Act,

any question arises as to the date of manufacture of a vehicle, a date purporting to be such a date and marked on the vehicle in pursuance of regulations under that Part of that Act shall be evidence (and in Scotland sufficient evidence) that the vehicle was manufactured on the date so marked.

• (3) If in any proceedings for the offence of driving a . . . vehicle on a road, or causing or permitting a . . . vehicle to be so driven, in contravention of a prohibition under section 70(2) of the Road Traffic Act 1988 any question arises whether a weight of any description has been reduced to a limit imposed by construction and use requirements , or so that it has ceased to be excessive,, the burden of proof shall lie on the accused.

• (4) If in any proceedings in Scotland for an offence under the Traffic Acts any question arises as to a weight of any description in relation to a vehicle—

• (a) a certificate purporting to be signed by an inspector of weights and measures and certifying the accuracy of a weighbridge or other machine for weighing vehicles shall be sufficient evidence of the facts stated in the certificate, and

• (b) where the inspector is called as a witness his evidence shall be sufficient evidence of those facts.

In this subsection “inspector of weights and measures” has the same meaning as in the Weights and Measures Act 1985, except that it includes a chief inspector within the meaning of that Act.

Evidence by certificate as to registration of driving instructors and licences to give instruction

18

• (1) A certificate signed by the Registrar and stating that, on any date—

• (a) a person’s name was, or was not, in the register,

• (b) the entry of a person’s name was made in the register or a person’s name was removed from it,

• (ba) a person's registration was, or was not, suspended,

• (c) a person was, or was not, the holder of a current licence under section 129 of the Road Traffic Act 1988, or

• (d) a licence under that section granted to a person came into force or ceased to be in force,

shall be evidence, and in Scotland sufficient evidence, of the facts stated in the certificate in pursuance of this section.

• (2) A certificate so stating and purporting to be signed by the Registrar shall be deemed to be so signed unless the contrary is proved.

• (3) In this section “current licence”, “Registrar” and “register” have the same meanings as in Part V of the Road Traffic Act 1988.

Evidence of disqualification in Scotland

19

(1)In any proceedings in Scotland for an offence under section 103(1)(b) of the Road Traffic Act 1988 (driving while disqualified) a conviction or extract conviction—

• (a) of which a copy has been served on the accused not less than fourteen days before his trial,

• (b) which purports to be signed by the clerk of court, and

• (c) which shows that the person named in it is disqualified for holding or obtaining a licence,

shall be sufficient evidence of the application of that disqualification to the accused, unless not more than seven days after the date of service of the copy he serves notice on the prosecutor that he denies that it applies to him.

• (2) A copy of a conviction or extract conviction served on the accused under subsection (1) above shall be served in such manner as may be prescribed by Act of Adjournal, and a written execution purporting to be signed by the person who served such copy conviction or extract conviction together with, where appropriate, the relevant post office receipt shall be sufficient evidence of service of such a copy.

Admissibility of measurement of speed by radar

20

• (1) Evidence (which in Scotland shall be sufficient evidence) of a fact relevant to proceedings for an offence to which this section applies may be given by the production of—

• (a) a record produced by a prescribed device, and

• (b) (in the same or another document) a certificate as to the circumstances in which the record was produced signed by a constable or by a person authorised by or on behalf of the chief officer of police for the police area in which the offence is alleged to have been committed;

but subject to the following provisions of this section.

• (2) This section applies to—

• (a) an offence under section 16 of the Road Traffic Regulation Act 1984 consisting in the contravention of a restriction on the speed of vehicles imposed under section 14 of that Act;

• (b) an offence under subsection (4) of section 17 of that Act consisting in the contravention of a restriction on the speed of vehicles imposed under that section;

• (ba) an offence under subsection (4) of section 17 of that Act consisting in a contravention of regulation 9 of the Motorways Traffic (England and Wales) Regulations 1982 (restriction on the use of hard shoulders) by the driving of a vehicle on the hard shoulder of a motorway;

• (bb) an offence under subsection (4) of section 17 of that Act consisting in a contravention of article 2(1) or 3(2) of the Heavy Commercial Vehicles in Kent (No. 3) Order 2019 (prohibited use of the M20 and M2 Motorways in Kent by the driver of a heavy commercial vehicle);

• (bc) an offence under subsection (5) of section 20 of that Act consisting in a contravention of article ... 3(1) or 4(1) of the Heavy Commercial Vehicles in Kent (No. 2) Order 2019 (prohibited use of local roads in Kent by the driver of a heavy commercial vehicle);

• (c) an offence under section 88(7) of that Act (temporary minimum speed limits);

• (d) an offence under section 89(1) of that Act (speeding offences generally);

• (e) an offence under section 36(1) of the Road Traffic Act 1988 consisting in the failure to comply with an indication given by a light signal that vehicular traffic is not to proceed.

• (ea) an offence under section 36(1) of that Act consisting in the failure to comply with an indication given by a light signal to vehicular traffic not to enter, or proceed in, a traffic lane;

• (f) an offence under Part I or II of the Road Traffic Regulation Act 1984 of contravening or failing to comply with an order or regulations made under either of those Parts relating to the use of an area of road which is described as a bus lane or a route for use by buses only.

• (g) an offence under section 29(1) of the Vehicle Excise and Registration Act 1994 (using or keeping an unlicensed vehicle on a public road).

• (h) an offence under section 11(1) of the HGV Road User Levy Act 2013 (using or keeping heavy goods vehicle if levy not paid).

• (i) an offence under article 2(6)(b) of the Heavy Commercial Vehicles in Kent (No. 1) Order 2019 (contravention of a direction given by a traffic officer).

• (3) The Secretary of State may by order amend subsection (2) above by making additions to or deletions from the list of offences for the time being set out there; and an order under this subsection may make such transitional provision as appears to him to be necessary or expedient.

• (4) A record produced or measurement made by a prescribed device shall not be admissible as evidence of a fact relevant to proceedings for an offence to which this section applies unless—

• (a) the device is of a type approved by the Secretary of State, and

• (b) any conditions subject to which the approval was given are satisfied.

• (5) Any approval given by the Secretary of State for the purposes of this section may be given subject to conditions as to the purposes for which, and the manner and other circumstances in which, any device of the type concerned is to be used.

• (6) In proceedings for an offence to which this section applies, evidence (which in Scotland shall be sufficient evidence)—

• (a) of a measurement made by a device, or of the circumstances in which it was made, or

• (b) that a device was of a type approved for the purposes of this section, or that any conditions subject to which an approval was given were satisfied,

may be given by the production of a document which is signed as mentioned in subsection (1) above and which, as the case may be, gives particulars of the measurement or of the circumstances in which it was made, or states that the device was of such a type or that, to the best of the knowledge and belief of the person making the statement, all such conditions were satisfied.

• (7) For the purposes of this section a document purporting to be a record of the kind mentioned in subsection (1) above, or to be a certificate or other document signed as mentioned in that subsection or in subsection (6) above, shall be deemed to be such a record, or to be so signed, unless the contrary is proved.

• (8) Nothing in subsection (1) or (6) above makes a document admissible as evidence in proceedings for an offence unless a copy of it has, not less than seven days before the hearing or trial, been served on the person charged with the offence; and nothing in those subsections makes a document admissible as evidence of anything other than the matters shown on a record produced by a prescribed device if that person, not less than three days before the hearing or trial or within such further time as the court may in special circumstances allow, serves a notice on the prosecutor requiring attendance at the hearing or trial of the person who signed the document.

• (8A) Where the proceedings for an offence to which this section applies are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect as if in subsection (8) the words from “and nothing” to the end of the subsection were omitted.

• (8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) In this section “prescribed device” means device of a description specified in an order made by the Secretary of State.

• (10) The powers to make orders under subsections (3) and (9) above shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Proceedings in which evidence of one witness sufficient in Scotland

21

• (1) In any proceedings in Scotland for an offence to which this subsection applies the accused may be convicted on the evidence of one witness.

• (2) Subsection (1) above applies to any offence created by or under an enactment and punishable on summary conviction, being an offence committed in respect of a vehicle—

• (a) by its being on a road during the hours of darkness without the lights or reflectors required by law, or

• (b) by its obstructing a road, or waiting, or being left or parked, or being loaded or unloaded, in a road, or

• (c) by the non-payment of a charge made at a street parking place, or

• (d) by its being used in contravention of any provision of an order made or having effect as if made under section 1 or 9 of the Road Traffic Regulation Act 1984, being a provision—

• (i) as to the route to be followed by vehicles of the class to which that vehicle belongs, or

• (ii) as to roads or parts of carriageways which are not to be used for traffic by such vehicles, or

• (iii) as to the places where such vehicles may not turn so as to face in the opposite direction to that in which they were proceeding or as to the conditions under which such vehicles may so turn, or

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Subsection (1) above also applies to any offence under section 35 ,36 or 172.of the Road Traffic Act 1988.

• (4) In subsection (2) above—

• “hours of darkness” means the time between half-an-hour after sunset and half-an-hour before sunrise, and

• “street parking place” means a parking place on land which forms part of a road.

• (5) References in subsection (2) above to a class of vehicles are to be interpreted as references to a class defined or described by reference to any characteristics of the vehicles or to any other circumstances whatsoever.

Notification of disability

22

• (1) If in any proceedings for an offence committed in respect of a motor vehicle it appears to the court that the accused may be suffering from any relevant disability or prospective disability (within the meaning of Part III of the Road Traffic Act 1988) the court must notify the Secretary of State.

• (2) A notice sent by a court to the Secretary of State in pursuance of this section must be sent in such manner and to such address and contain such particulars as the Secretary of State may determine.

Verdict

Alternative verdicts in Scotland

23

• (1) If on the trial on indictment in Scotland of a person for culpable homicide in connection with the driving of a mechanically propelled vehicle by him the jury are not satisfied that he is guilty of culpable homicide but are satisfied that he is guilty of any of the relevant offences, they may find him guilty of that offence.

• (1A) For the purposes of subsection (1) above the following are the relevant offences—

• (a) an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving),

• (aa) an offence under section 1A of that Act (causing serious injury by dangerous driving),

• (b) an offence under section 2 of that Act (dangerous driving), and

• (c) an offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) If on the trial on indictment in Scotland of a person for stealing a motor vehicle the jury are not satisfied that he is guilty of stealing the motor vehicle but are satisfied that he is guilty of an offence under section 178 of that Act (taking motor vehicle without authority etc.), they may find him guilty of an offence under that section.

Alternative verdicts in England and Wales

24

• (A1) Where—

• (a) a person charged with manslaughter in connection with the driving of a mechanically propelled vehicle by him is found not guilty of that offence, but

• (b) the allegations in the indictment amount to or include an allegation of any of the relevant offences,

he may be convicted of that offence.

• (A2) For the purposes of subsection (A1) above the following are the relevant offences—

• (a) an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving),

• (aa) an offence under section 1A of that Act (causing serious injury by dangerous driving),

• (b) an offence under section 2 of that Act (dangerous driving),

• (ba) an offence under section 3ZC of that Act (causing death by driving: disqualified drivers),

• (bb) an offence under section 3ZD of that Act (causing serious injury by driving: disqualified drivers),

• (c) an offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs), and

• (d) an offence under section 35 of the Offences against the Person Act 1861 (furious driving).

• (1) Where—

• (a) a person charged with an offence under a provision of the Road Traffic Act 1988 specified in the first column of the Table below (where the general nature of the offences is also indicated) is found not guilty of that offence, but

• (b) the allegations in the indictment or information (or in Scotland complaint) amount to or include an allegation of an offence under one or more of the provisions specified in the corresponding entry in the second column,

he may be convicted of that offence or of one or more of those offences.

Offence charged	Alternative
Section 1 (causing death by dangerous driving)	Section 2 (dangerous driving)
	Section 2B (causing death by careless, or inconsiderate, driving)
	Section 3 (careless, and inconsiderate, driving)
Section 1A (causing serious injury by dangerous driving)	Section 2 (dangerous driving) Section 2C (causing serious injury by careless, or inconsiderate, driving)
	Section 3 (careless, and inconsiderate, driving)
Section 2 (dangerous driving)	Section 3 (careless, and inconsiderate, driving)
Section 2B (causing death by careless, or inconsiderate, driving)	Section 3 (careless, and inconsiderate, driving),
Section 2C (causing serious injury by careless, or inconsiderate, driving)	Section 3 (careless, and inconsiderate, driving
Section 3ZC (causing death by driving: disqualified drivers)	Section 103(1)(b) (driving while disqualified)
Section 3ZD (causing serious injury by driving: disqualified drivers)	Section 103(1)(b) (driving while disqualified)
Section 3A (causing death by careless driving when under influence of drink or drugs)	Section 2B (causing death by careless, or inconsiderate, driving)
	Section 3 (careless, and inconsiderate, driving)
	Section 4(1) (driving when unfit to drive through drink or drugs)
	Section 5(1)(a) (driving with excess alcohol in breath, blood or urine)
	Section 7(6) (failing to provide specimen)
	Section 7A(6) (failing to give permission for laboratory test)
Section 4(1) (driving or attempting to drive when unfit to drive through drink or drugs)	Section 4(2) (being in charge of a vehicle when unfit to drive through drink or drugs)
Section 5(1)(a) (driving or attempting to drive with excess alcohol in breath, blood or urine)	Section 5(1)(b) (being in charge of a vehicle with excess alcohol in breath, blood or urine)
Section 5A(1)(a) and (2) (driving or attempting to drive with concentration of specified controlled drug above specified limit)	Section 5A(1)(b) and (2) (being in charge of a vehicle with concentration of specified controlled drug above specified limit)
Section 28 (dangerous cycling)	Section 29 (careless, and inconsiderate, cycling)

• (2) Where the offence with which a person is charged is an offence under section 3A of the Road Traffic Act 1988, subsection (1) above shall not authorise his conviction of any offence of attempting to drive.

• (3) Where a person is charged with having committed an offence under section 4(1) , 5(1)(a) or 5A(1)(a) and (2) of the Road Traffic Act 1988 by driving a vehicle, he may be convicted of having committed an offence under the provision in question by attempting to drive.

• (4) Where by virtue of this section a person is convicted before the Crown Court of an offence triable only summarily, the court shall have the same powers and duties as a magistrates’ court would have had on convicting him of that offence.

• (5) Where, in Scotland, by virtue of this section a person is convicted under solemn procedure of an offence triable only summarily, the penalty imposed shall not exceed that which would have been competent on a conviction under summary procedure.

• (6) This section has effect without prejudice to section 6(3) of the Criminal Law Act 1967 (alternative verdicts on trial on indictment), sections 295, 138(4), 256 and 293 of and Schedule 3 to the Criminal Procedure (Scotland) Act 1995 and section 23 of this Act.

After conviction

Information as to date of birth and sex

25

• (1) If on convicting a person of an offence involving obligatory or discretionary disqualification or of such other offence as may be prescribed by regulations under section 105 of the Road Traffic Act 1988 the court does not know his date of birth, the court must order him to give that date to the court in writing.

• (2) If a court convicting a person of such an offence in a case where—

• (a) notification has been given to the designated officer for a magistrates' court in pursuance of section 12(4) of the Magistrates’ Courts Act 1980 (written pleas of guilty), or written intimation of a plea of guilty has been given in pursuance of section 334(3) of the Criminal Procedure (Scotland) Act 1975, and

• (b) the notification or intimation did not include a statement of the person’s sex,

does not know the person’s sex, the court must order the person to give that information to the court in writing.

• (3) A person who knowingly fails to comply with an order under subsection (1) or (2) above is guilty of an offence.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Where a person has given his date of birth in accordance with this section or section 8 of this Act, the Secretary of State may serve on that person a notice in writing requiring him to provide the Secretary of State—

• (a) with such evidence in that person’s possession or obtainable by him as the Secretary of State may specify for the purpose of verifying that date, and

• (b) if his name differs from his name at the time of his birth, with a statement in writing specifying his name at that time.

• (6) A person who knowingly fails to comply with a notice under subsection (5) above is guilty of an offence.

• (7) A notice to be served on any person under subsection (5) above may be served on him

• (a) if the conviction was in England and Wales, in accordance with Criminal Procedure Rules, or

• (b) if the conviction was elsewhere, by delivering it to him or by leaving it at his proper address or by sending it to him by post; and for the purposes of this paragraph and section 7 of the Interpretation Act 1978 in its application to this paragraph the proper address of any person shall be his latest address as known to the person serving the notice.

Interim disqualification on committal for sentence in England and Wales

26

• (1) Where a magistrates’ court—

• (a) commits an offender to the Crown Court under section 20 of the Sentencing Code or any enactment mentioned in subsection (1) of that section, or

• (b) remits an offender to another magistrates’ court under section 28 of that Code,

to be dealt with for an offence involving obligatory or discretionary disqualification, it may order him to be disqualified until he has been dealt with in respect of the offence.

• (2) Where a court in England and Wales—

• (a) defers passing sentence on an offender under Chapter 1 of Part 2 of that Act in respect of an offence involving obligatory or discretionary disqualification, or

• (b) adjourns after convicting an offender of such an offence but before dealing with him for the offence,

it may order the offender to be disqualified until he has been dealt with in respect of the offence.

• (3) Where a court in Scotland—

• (a) adjourns a case under section 179 or section 380 of the Criminal Procedure (Scotland) Act 1975 (for inquiries to be made or to determine the most suitable method of dealing with the offender);

• (b) remands a person in custody or on bail under section 180 or section 381 of the Criminal Procedure (Scotland) Act 1975 (to enable a medical examination and report to be made);

• (c) defers sentence under section 219 or section 432 of the Criminal Procedure (Scotland) Act 1975;

• (d) remits a convicted person to the High Court for sentence under section 104 of the Criminal Procedure (Scotland) Act 1975,

in respect of an offence involving obligatory or discretionary disqualification, it may order the accused to be disqualified until he has been dealt with in respect of the offence.

• (4) Subject to subsection (5) below, an order under this section shall cease to have effect at the end of the period of six months beginning with the day on which it is made, if it has not ceased to have effect before that time.

• (5) In Scotland, where a person is disqualified under this section where section 219 or section 432 of the Criminal Procedure (Scotland) Act 1975 (deferred sentence) applies and the period of deferral exceeds 6 months, subsection (4) above shall not prevent the imposition under this section of any period of disqualification which does not exceed the period of deferral.

• (6) Where a court orders a person to be disqualified under this section (“the first order”), no court shall make a further order under this section in respect of the same offence or any offence in respect of which an order could have been made under this section at the time the first order was made.

• (7) Where a court makes an order under this section in respect of any person it must—

• (a) require him to produce to the court any licence held by him ..., and

• (b) retain the licence ... until it deals with him or (as the case may be) cause it to be sent to the proper officer of the court which is to deal with him.

• (7A) In subsection (7) above “ proper officer ” means—

• (a) in relation to a magistrates’ court in England and Wales, the designated officer for the court, and

• (b) in relation to any other court, the clerk of the court.

• (8) If the holder of the licence ... does not produce the licence ...as required under subsection (7) above, then he is guilty of an offence.

• (9) Subsection (8) above does not apply to a person who—

• (a) satisfies the court that he has applied for a new licence and has not received it...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) Where a court makes an order under this section in respect of any person, sections 44(1) and , 47(2) , 91ZA(7) and 91A(5) of this Act shall not apply in relation to the order, but—

• (a) the court must send notice of the order to the Secretary of State, and

• (b) if the court which deals with the offender determines not to order him to be disqualified under section 34 or 35 of this Act, it must send notice of the determination to the Secretary of State.

• (11) A notice sent by a court to the Secretary of State in pursuance of subsection (10) above must be sent in such manner and to such address and contain such particulars as the Secretary of State may determine.

• (12) Where on any occasion a court deals with an offender—

• (a) for an offence in respect of which an order was made under this section, or

• (b) for two or more offences in respect of any of which such an order was made,

any period of disqualification which is on that occasion imposed under section 34 or 35 of this Act shall be treated as reduced by any period during which he was disqualified by reason only of an order made under this section in respect of any of those offences.

• (13) Any reference in this or any other Act (including any Act passed after this Act) to the length of a period of disqualification shall, unless the context otherwise requires, be construed as a reference to its length before any reduction under this section.

• (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Sentence

Introductory

Production of licence

27

• (1) Where—

• (a) a person who is the holder of a licence is convicted of an offence involving obligatory or discretionary disqualification, and

• (b) a court proposes to make, or makes, an order disqualifying the person,

the court may require the licence to be produced to it.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) If the holder of the licence ... does not produce it ... as required under this section or section 40 of the Crime (Sentences) Act 1997, section 146 or 147 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 223A or 436A of the Criminal Procedure (Scotland) Act 1975, or if the holder of the license does not produce it ...as required by section 40B of the Child Support Act 1991, then, unless he satisfies the court that he has applied for a new licence and has not received it—

• (a) he is guilty of an offence, and

• (b) unless the licence is already treated as being revoked under section 37(1), the licence shall be suspended from the time when its production was required until it ... is produced to the court and shall, while suspended, be of no effect.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Penalty points to be attributed to an offence

28

• (1) Where a person is convicted of an offence involving obligatory endorsement, then, subject to the following provisions of this section, the number of penalty points to be attributed to the offence is—

• (a) the number shown in relation to the offence in the last column of Part I or Part II of Schedule 2 to this Act, or

• (b) where a range of numbers is shown, a number within that range.

• (2) Where a person is convicted of an offence committed by aiding, abetting, counselling or procuring, or inciting to the commission of, an offence involving obligatory disqualification, then, subject to the following provisions of this section, the number of penalty points to be attributed to the offence is ten.

• (3) For the purposes of sections 57A(6) and 77A(8) of this Act, the number of penalty points to be attributed to an offence is—

• (a) where both a range of numbers and a number followed by the words “(fixed penalty)” is shown in the last column of Part 1 of Schedule 2 to this Act in relation to the offence, that number,

• (b) where a range of numbers followed by the words “or appropriate penalty points (fixed penalty)” is shown there in relation to the offence, the appropriate number of penalty points for the offence, and

• (c) where only a range of numbers is shown there in relation to the offence, the lowest number in the range.

• (3A) For the purposes of subsection (3)(b) above the appropriate number of penalty points for an offence is such number of penalty points as the Secretary of State may by order made by statutory instrument prescribe.

• (3B) An order made under subsection (3A) above in relation to an offence may make provision for the appropriate number of penalty points for the offence to be different depending on the circumstances, including (in particular)—

• (a) the nature of the contravention or failure constituting the offence,

• (b) how serious it is,

• (c) the area, or sort of place, where it takes place, and

• (d) whether the offender appears to have committed any offence or offences of a description specified in the order during a period so specified.

• (4) Where a person is convicted (whether on the same occasion or not) of two or more offences committed on the same occasion and involving obligatory endorsement, the total number of penalty points to be attributed to them is the number or highest number that would be attributed on a conviction of one of them (so that if the convictions are on different occasions the number of penalty points to be attributed to the offences on the later occasion or occasions shall be restricted accordingly).

• (5) In a case where (apart from this subsection) subsection (4) above would apply to two or more offences, the court may if it thinks fit determine that that subsection shall not apply to the offences (or, where three or more offences are concerned, to any one or more of them).

• (6) Where a court makes such a determination it shall state its reasons in open court and, if it is a magistrates’ court, or in Scotland a court of summary jurisdiction, shall cause them to be entered in the register (in Scotland, record) of its proceedings.

• (7) The Secretary of State may by order made by statutory instrument—

• (a) alter a number or range of numbers shown in relation to an offence in the last column of Part I or Part II of Schedule 2 to this Act (by substituting one number or range for another, a number for a range, or a range for a number),

• (b) where a range of numbers is shown in relation to an offence in the last column of Part I, add or delete a number together with the words “(fixed penalty)” or the words “or appropriate penalty points (fixed penalty)”,

• (ba) substitute the words “or appropriate penalty points (fixed penalty)” for a number together with the words “(fixed penalty)”, or substitute a number together with the words “(fixed penalty)” for the words “or appropriate penalty points (fixed penalty)”, in relation to an offence in the last column of Part 1 or 2, and

• (c) alter the number of penalty points shown in subsection (2) above;

and an order under this subsection may provide for different numbers or ranges of numbers to be shown in relation to the same offence committed in different circumstances.

• (8) Where the Secretary of State exercises his power under subsection (7) above by substituting or adding a number which appears together with the words “(fixed penalty)”, that number shall not exceed the lowest number in the range shown in the same entry.

• (8A) Before making any order under subsection (3A) above the Secretary of State must consult with such representative organisations as he thinks fit.

• (9) No order shall be made under this section unless a draft of it has been laid before and approved by resolution of each House of Parliament.

Penalty points to be taken into account on conviction

29

• (1) Where a person is convicted of an offence involving obligatory endorsement, the penalty points to be taken into account on that occasion are (subject to subsection (2) below)—

• (a) any that are to be attributed to the offence or offences of which he is convicted disregarding any offence in respect of which an order under section 34 of this Act is made, and

• (b) any that were on a previous occasion ordered to be endorsed on ...his driving record, unless the offender has since that occasion and before the conviction been disqualified under section 35 of this Act.

• (2) If any of the offences was committed more than three years before another, the penalty points in respect of that offence shall not be added to those in respect of the other.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Penalty points: modification where fixed penalty also in question

30

• (1) Sections 28 and 29 of this Act shall have effect subject to this section in any case where—

• (a) a person is convicted of an offence involving obligatory endorsement, and

• (b) the court is satisfied that ... his driving record has been or is liable to be endorsed under section 57A or 77A of this Act in respect of an offence (referred to in this section as the “ connected offence ”) committed on the same occasion as the offence of which he is convicted.

• (2) . . . the number of penalty points to be attributed to the offence of which he is convicted is—

• (a) the number of penalty points to be attributed to that offence under section 28of this Act apart from this section, less

• (b) the number of penalty points required to be endorsed ...on his driving record under section 57A or 77A of this Act in respect of the connected offence (except so far as they have already been deducted by virtue of this paragraph).

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Court may take particulars endorsed on licence into consideration

31

• (1) Where a person is convicted of an offence involving obligatory or discretionary disqualification—

• (a) any existing endorsement on ... his driving record is prima facie evidence of the matters endorsed, and

• (b) the court may, in determining what order to make in pursuance of the conviction, take those matters into consideration.

• (2) This section has effect notwithstanding anything in section 166(1) to (6) of the Criminal Procedure (Scotland) Act 1995 (requirements as to notices of penalties and previous convictions).

In Scotland, court may take extract from licensing records into account

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fine and imprisonment

Fine and imprisonment

33

• (1) Where a person is convicted of an offence against a provision of the Traffic Acts specified in column 1 of Part I of Schedule 2 to this Act or regulations made under any such provision, the maximum punishment by way of fine or imprisonment which may be imposed on him is that shown in column 4 against the offence and (where appropriate) the circumstances or the mode of trial there specified.

• (2) Any reference in column 4 of that Part to a period of years or months is to be construed as a reference to a term of imprisonment of that duration.

Disqualification

Disqualification for certain offences

34

• (1) Where a person is convicted of an offence involving obligatory disqualification, the court must order him to be disqualified for such period not less than twelve months as the court thinks fit unless the court for special reasons thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified.

• (1A) Where a person is convicted of an offence under section 12A of the Theft Act 1968 (aggravated vehicle-taking), the fact that he did not drive the vehicle in question at any particular time or at all shall not be regarded as a special reason for the purposes of subsection (1) above.

• (2) Where a person is convicted of an offence involving discretionary disqualification, and either—

• (a) the penalty points to be taken into account on that occasion number fewer than twelve, or

• (b) the offence is not one involving obligatory endorsement,

the court may order him to be disqualified for such period as the court thinks fit.

• (3) Where a person convicted of an offence under any of the following provisions of the Road Traffic Act 1988, that is—

• (aa) section 3A (causing death by careless driving when under the influence of drink or drugs),

• (a) section 4(1) (driving or attempting to drive while unfit),

• (b) section 5(1)(a) (driving or attempting to drive with excess alcohol), . . .

• (ba) section 5A(1)(a) and (2) (driving or attempting to drive with concentration of specified controlled drug above specified limit),

• (c) section 7(6) (failing to provide a specimen) where that is an offence involving obligatory disqualification,

• (d) section 7A(6) (failing to allow a specimen to be subjected to laboratory test) where that is an offence involving obligatory disqualification;

has within the ten years immediately preceding the commission of the offence (“the new offence”) been convicted of any such offence, subsection (1) above shall apply in relation to him as if the reference to twelve months were a reference to the period specified in subsection (3A).

• (3A) The period is—

• (a) six years, where—

• (i) an offence of which the person was convicted within the ten years mentioned in subsection (3) falls within paragraph (aa) of that subsection, and

• (ii) the new offence also falls within that paragraph;

• (b) in any other case (but subject to subsection (4ZA)), three years.

• (4) Subject to subsection (3) above and subsection (4ZA) below, subsection (1) above shall apply as if the reference to twelve months were a reference to two years—

• (a) in relation to a person convicted of—

• (i) manslaughter, or in Scotland culpable homicide, or

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iia) an offence under section 1A of the Road Traffic Act 1988 (causing serious injury by dangerous driving), or

• (iib) an offence under section 3ZC of that Act (causing death by driving: disqualified drivers), or

• (iic) an offence under section 3ZD of that Act (causing serious injury by driving: disqualified drivers), ...

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

• (b) in relation to a person on whom more than one disqualification for a fixed period of 56 days or more has been imposed within the three years immediately preceding the commission of the offence.

• (4ZA) Subsection (1) shall apply as if the reference to twelve months were a reference to five years in relation to a person convicted of—

• (a) an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving), or

• (b) an offence under section 3A of that Act (causing death by careless driving when under the influence of drink or drugs),

but this is subject to subsection (3) in cases within paragraph (a) of subsection (3A).

• (4A) For the purposes of subsection (4)(b) above there shall be disregarded any disqualification imposed under section 26 of this Act or section 147 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 164 of the Sentencing Code or section 223A or 436A of the Criminal Procedure (Scotland) Act 1975 (offences committed by using vehicles) and any disqualification imposed in respect of an offence of stealing a motor vehicle, an offence under section 12 or 25 of the Theft Act 1968, an offence under section 178 of the Road Traffic Act 1988, or an attempt to commit such an offence.

• (4AA) For the purposes of subsection (4)(b), a disqualification is to be disregarded if the period of disqualification would have been less than 56 days but for an extension period added pursuant to—

• (a) section 35A or 35C,

• (b) section 248D of the Criminal Procedure (Scotland) Act 1995, or

• (c) section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 or section 166 of the Sentencing Code.

• (4B) Where a person convicted of an offence under section 40A of the Road Traffic Act 1988 (using vehicle in dangerous condition etc. ) has within the three years immediately preceding the commission of the offence been convicted of any such offence, subsection (1) above shall apply in relation to him as if the reference to twelve months were a reference to six months.

• (5) The preceding provisions of this section shall apply in relation to a conviction of an offence committed by aiding, abetting, counselling or procuring, or inciting to the commission of, an offence involving obligatory disqualification as if the offence were an offence involving discretionary disqualification.

• (5A) In relation to Scotland, references in this section to the court include the justice of the peace court.

• (6) This section is subject to section 48 of this Act.

Disqualification for repeated offences

35

• (1) Where—

• (a) a person is convicted of an offence to which this subsection applies, and

• (b) the penalty points to be taken into account on that occasion number twelve or more,

the court must order him to be disqualified for not less than the minimum period unless the court is satisfied, having regard to all the circumstances, that there are grounds for mitigating the normal consequences of the conviction and thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified.

• (1A) Subsection (1) above applies to—

• (a) an offence involving discretionary disqualification and obligatory endorsement, and

• (b) an offence involving obligatory disqualification in respect of which no order is made under section 34 of this Act.

• (2) The minimum period referred to in subsection (1) above is—

• (a) six months if no previous disqualification imposed on the offender is to be taken into account, and

• (b) one year if one, and two years if more than one, such disqualification is to be taken into account;

and a previous disqualification imposed on an offender is , subject to subsection (2A), to be taken into account if it was for a fixed period of 56 days or more and was imposed within the three years immediately preceding the commission of the latest offence in respect of which penalty points are taken into account under section 29 of this Act.

• (2A) A previous disqualification imposed on an offender for a fixed period is not to be taken into account for the purposes of subsection (2) if that period would have been less than 56 days but for an extension period added pursuant to—

• (a) section 35A or 35C,

• (b) section 248D of the Criminal Procedure (Scotland) Act 1995, or

• (c) section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 or section 166 of the Sentencing Code.

• (3) Where an offender is convicted on the same occasion of more than one offence to which subsection (1) above applies—

• (a) not more than one disqualification shall be imposed on him under subsection (1) above,

• (b) in determining the period of the disqualification the court must take into account all the offences, and

• (c) for the purposes of any appeal any disqualification imposed under subsection (1) above shall be treated as an order made on the conviction of each of the offences.

• (4) No account is to be taken under subsection (1) above of any of the following circumstances—

• (a) any circumstances that are alleged to make the offence or any of the offences not a serious one,

• (b) hardship, other than exceptional hardship, or

• (c) any circumstances which, within the three years immediately preceding the conviction, have been taken into account under that subsection in ordering the offender to be disqualified for a shorter period or not ordering him to be disqualified.

• (5) References in this section to disqualification do not include a disqualification imposed under section 26 of this Act or section 147 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 164 of the Sentencing Code or section 223A or 436A of the Criminal Procedure (Scotland) Act 1975 (offences committed by using vehicles) or a disqualification imposed in respect of an offence of stealing a motor vehicle, an offence under section 12 or 25 of the Theft Act 1968, an offence under section 178 of the Road Traffic Act 1988, or an attempt to commit such an offence.

• (5A) The preceding provisions of this section shall apply in relation to a conviction of an offence committed by aiding, abetting, counselling, procuring, or inciting to the commission of, an offence involving obligatory disqualification as if the offence were an offence involving discretionary disqualification.

• (6) In relation to Scotland, references in this section to the court include the justice of the peace court.

• (7) This section is subject to section 48 of this Act.

Disqualification until test is passed

36

• (1) Where this subsection applies to a person the court must order him to be disqualified until he passes the appropriate driving test.

• (2) Subsection (1) above applies to a person who is disqualified under section 34 of this Act on conviction of—

• (a) manslaughter, or in Scotland culpable homicide, by the driver of a motor vehicle, ...

• (b) an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving),

• (c) an offence under section 1A of that Act (causing serious injury by dangerous driving),

• (d) an offence under section 2 of that Act (dangerous driving),

• (e) an offence under section 3ZC of that Act (causing death by driving: disqualified drivers), or

• (f) an offence under section 3ZD of that Act (causing serious injury by driving: disqualified drivers).

• (3) Subsection (1) above also applies—

• (a) to a person who is disqualified under section 34 or 35 of this Act in such circumstances or for such period as the Secretary of State may by order prescribe, or

• (b) to such other persons convicted of such offences involving obligatory endorsement as may be so prescribed.

• (4) Where a person to whom subsection (1) above does not apply is convicted of an offence involving obligatory endorsement, the court may order him to be disqualified until he passes the appropriate driving test (whether or not he has previously passed any test).

• (5) In this section—

• “ appropriate driving test ” means—

• (a) an extended driving test, where a person is convicted of an offence involving obligatory disqualification or is disqualified under section 35 of this Act,

• (b) a test of competence to drive, other than an extended driving test, in any other case,

• “ extended driving test ” means a test of competence to drive prescribed for the purposes of this section, and

• “ test of competence to drive ” means a test prescribed by virtue of section 89(3) of the Road Traffic Act 1988.

• (6) In determining whether to make an order under subsection (4) above, the court shall have regard to the safety of road users.

• (7) Where a person is disqualified until he passes the extended driving test—

• (a) any earlier order under this section shall cease to have effect, and

• (b) a court shall not make a further order under this section while he is so disqualified.

• (8) Subject to subsection (9) below, a disqualification by virtue of an order under this section shall be deemed to have expired on production to the Secretary of State of evidence, in such form as may be prescribed by regulations under section 105 of the Road Traffic Act 1988, that the person disqualified has passed the test in question since the order was made.

• (9) A disqualification shall be deemed to have expired only in relation to vehicles of such classes as may be prescribed in relation to the test passed by regulations under that section.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10A) Where a person's driving record is endorsed with particulars of a disqualification under this section, it shall also be endorsed with the particulars of any test of competence to drive that he has passed since the order of disqualification was made.

• (11) For the purposes of an order under this section, a person shall be treated as having passed a test of competence to drive other than an extended driving test if he passes a corresponding test conducted—

• (a) under the law of Northern Ireland, the Isle of Man, any of the Channel Islands, an EEA State, Gibraltar or a designated country or territory . . ., or

• (b) for the purposes of obtaining a British Forces licence (as defined by section 88(8) of the Road Traffic Act 1988);

and accordingly subsections (8) to (10) above shall apply in relation to such a test as they apply in relation to a test prescribed by virtue of section 89(3) of that Act.

• (11A) For the purposes of subsection (11) above, “designated country or territory” means a country or territory designated by order under section 108(2) of the Road Traffic Act 1988 but a test conducted under the law of such a country or territory shall not be regarded as a corresponding test unless a person passing such a test would be entitled to an exchangeable licence as defined in section 108(1) of that Act.

• (12) This section is subject to section 48 of this Act.

• (13) The power to make an order under subsection (3) above shall be exercisable by statutory instrument; and no such order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

• (14) The Secretary of State shall not make an order under subsection (3) above after the end of 2001 if he has not previously made such an order.

Effect of order of disqualification

37

• (1) Where the holder of a licence is disqualified by an order of a court, the licence shall be treated as being revoked with effect from the beginning of the period of disqualification.

• (1A) Where—

• (a) the disqualification is for a fixed period shorter than 56 days (disregarding any extension period) in respect of an offence involving obligatory endorsement, or

• (b) the order is made under section 26 of this Act,

subsection (1) above shall not prevent the licence from again having effect at the end of the period of disqualification (including any extension period).

• (1B) In subsection (1A) “extension period” means an extension period added pursuant to—

• (a) section 35A or 35C,

• (b) section 248D of the Criminal Procedure (Scotland) Act 1995, or

• (c) section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 or section 166 of the Sentencing Code.

• (2) Where the holder of the licence appeals against the order and the disqualification is suspended under section 39 of this Act, the period of disqualification shall be treated for the purpose of subsection (1) above as beginning on the day on which the disqualification ceases to be suspended.

• (3) Notwithstanding anything in Part III of the Road Traffic Act 1988, a person disqualified by an order of a court under section 36 of this Act is (unless he is also disqualified otherwise than by virtue of such an order) entitled to obtain and to hold a provisional licence and to drive a motor vehicle in accordance with the conditions subject to which the provisional licence is granted.

• (4) Notwithstanding anything in Part III of the Road Traffic Act 1988, a person who holds a Community licence which authorises that person to drive motor vehicles of a particular class, but who is disqualified by an order of a court under section 36 of this Act, is (unless the person is also disqualified otherwise than by virtue of such an order) entitled to drive a motor vehicle of that class in accordance with the same conditions as if the person were authorised to drive a motor vehicle of that class by a provisional licence.

Appeal against disqualification

38

• (1) A person disqualified by an order of a magistrates’ court under section 34 or 35 of this Act may appeal against the order in the same manner as against a conviction.

• (2) A person disqualified by an order of a court in Scotland may appeal against the order in the same manner as against a sentence.

Suspension of disqualification pending appeal

39

• (1) Any court in England and Wales (whether a magistrates’ court or another) which makes an order disqualifying a person may, if it thinks fit, suspend the disqualification pending an appeal against the order.

• (2) The court by or before which a person disqualified by an order of a court in Scotland was convicted may, if it thinks fit, suspend the disqualification pending an appeal against the order.

• (3) Where a court exercises its power under subsection (1) or (2) above, it must send notice of the suspension to the Secretary of State.

• (4) The notice must be sent in such manner and to such address and must contain such particulars as the Secretary of State may determine.

Power of appellate courts in England and Wales to suspend disqualification

40

• (1) This section applies where a person has been convicted by or before a court in England and Wales of an offence involving obligatory or discretionary disqualification and has been ordered to be disqualified; and in the following provisions of this section—

• (a) any reference to a person ordered to be disqualified is to be construed as a reference to a person so convicted and so ordered to be disqualified, and

• (b) any reference to his sentence includes a reference to the order of disqualification and to any other order made on his conviction and, accordingly, any reference to an appeal against his sentence includes a reference to an appeal against any order forming part of his sentence.

• (2) Where a person ordered to be disqualified—

• (a) appeals to the Crown Court, or

• (b) appeals or applies for leave to appeal to the Court of Appeal,

against his conviction or his sentence, the Crown Court or, as the case may require, the Court of Appeal may, if it thinks fit, suspend the disqualification.

• (3) Where a person ordered to be disqualified has appealed or applied for leave to appeal to the Senior Courts —

• (a) under section 1 of the Administration of Justice Act 1960 from any decision of a Divisional Court of the Queen’s Bench Division which is material to his conviction or sentence, or

• (b) under section 33 of the Criminal Appeal Act 1968 from any decision of the Court of Appeal which is material to his conviction or sentence,

the Divisional Court or, as the case may require, the Court of Appeal may, if it thinks fit, suspend the disqualification.

• (4) Where a person ordered to be disqualified makes an application in respect of the decision of the court in question under section 111 of the Magistrates’ Courts Act 1980 (statement of case by magistrates’ court) or section 28 of the Senior Courts Act 1981 (statement of case by Crown Court) the High Court may, if it thinks fit, suspend the disqualification.

• (5) Where a person ordered to be disqualified—

• (a) applies to the High Court for an order of certiorari to remove into the High Court any proceedings of a magistrates’ court or of the Crown Court, being proceedings in or in consequence of which he was convicted or his sentence was passed, or

• (b) applies to the High Court for leave to make such an application,

the High Court may, if it thinks fit, suspend the disqualification.

• (6) Any power of a court under the preceding provisions of this section to suspend the disqualification of any person is a power to do so on such terms as the court thinks fit.

• (7) Where, by virtue of this section, a court suspends the disqualification of any person, it must send notice of the suspension to the Secretary of State.

• (8) The notice must be sent in such manner and to such address and must contain such particulars as the Secretary of State may determine.

Power of High Court of Justiciary to suspend disqualification

41

• (1) This section applies where a person has been convicted by or before a court in Scotland of an offence involving obligatory or discretionary disqualification and has been ordered to be disqualified; and in the following provisions of this section—

• (a) any reference to a person ordered to be disqualified is to be construed as a reference to a person so convicted and so ordered to be disqualified, and