Road Traffic Offenders Act 1988

• (c) apart from the imposition of any such fine, the conviction is to be disregarded for all purposes other than any appeal (whether by way of case stated or otherwise).

Destination of Scottish fines

95

• (1) There shall be paid into the Consolidated Fund all fines imposed in respect of the following offences—

• (a) offences committed in Scotland under the provisions of the Road Traffic Act 1988 down to section 178 or regulations made under those provisions, except—

• (i) offences under sections 1, 4(2), 17, 27, 31, 33, 37, 47, 67 67A(6) and (7)(including the last two subsections as applied by section 67B(4)), 67B, 77, 169, 174(3) and (4) and 177, and

• (ii) an offence under section 164(6) consisting of a contravention of subsection (3) or (4) of that section,

• (b) offences under section 115 of the Road Traffic Regulation Act 1984 of which the offenders have been convicted on indictment in Scotland,

• (c) offences committed in Scotland under the provisions of that Act down to the end of Part IX or regulations made under those provisions, being offences of which the offenders have been convicted otherwise than on indictment, except offences under—

• (i) sections 28(3), 29(3), 47, 104(5) and (6), 105(5), 108(2) and (3),

• (ii) the provisions of subsections (2) and (3) of section 108 as modified by subsections (2) and (3) of section 109, and

• (iii) Schedule 12 (other than paragraph 3(5)),

• (d) offences committed in Scotland under this Act.

• (2) There shall be paid into the Scottish Consolidated Fund all fixed penalties imposed in respect of offences, committed in Scotland, to which subsection (2) of section 46 of the Local Government in Scotland Act 2003 (road traffic offences in relation to which Scottish Ministers may provide funding) applies.

Meaning of “offence involving obligatory endorsement”

96

For the purposes of this Act, an offence involves obligatory endorsement if it is an offence under a provision of the Traffic Acts specified in column 1 of Part I of Schedule 2 to this Act or an offence specified in column 1 of Part II of that Schedule and either—

• (a) the word “obligatory” (without qualification) appears in column 6 (in the case of Part I) or column 3 (in the case of Part II) against the offence, or

• (b) that word appears there qualified by conditions relating to the offence which are satisfied.

Meaning of “offence involving obligatory disqualification” and “offence involving discretionary disqualification”

97

• (1) For the purposes of this Act, an offence involves obligatory disqualification if it is an offence under a provision of the Traffic Acts specified in column 1 of Part I of Schedule 2 to this Act or an offence specified in column 1 of Part II of that Schedule and either—

• (a) the word “obligatory” (without qualification) appears in column 5 (in the case of Part I) or column 2 (in the case of Part II) against the offence, or

• (b) that word appears there qualified by conditions or circumstances relating to the offence which are satisfied or obtain.

• (2) For the purposes of this Act, an offence involves discretionary disqualification if it is an offence under a provision of the Traffic Acts specified in column 1 of Part I of Schedule 2 to this Act or an offence specified in column 1 of Part II of that Schedule and either—

• (a) the word “discretionary” (without qualification) appears in column 5 (in the case of Part I) or column 2 (in the case of Part II) against the offence, or

• (b) that word appears there qualified by conditions or circumstances relating to the offence which are satisfied or obtain.

General interpretation

98

• (1) In this Act—

• “disqualified” means disqualified for holding or obtaining a licence and “disqualification” is to be construed accordingly,

• “drive” has the same meaning as in the Road Traffic Act 1988,

• “licence” means a licence to drive a motor vehicle granted under Part III of that Act . . .,

• “provisional licence” means a licence granted by virtue of section 97(2) of that Act,

• “the provisions connected with the licensing of drivers” means sections 7, 8, 22, 25 to 29, 31, ... 34 to 48, 91ZA, 91A, 96 and 97 of this Act,

• “road”—

• (a) in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes, and

• (b) in relation to Scotland, means any road within the meaning of the Roads (Scotland) Act 1984 and any other way to which the public has access, and includes bridges over which a road passes,,

• “the Road Traffic Acts” means the Road Traffic Act 1988, the Road Traffic (Consequential Provisions) Act 1988 (so far as it reproduces the effect of provisions repealed by that Act) and this Act, and

• “the Traffic Acts” means the Road Traffic Acts and the Road Traffic Regulation Act 1984.

• and “Community licence”, ... , “EEA State” and “Northern Ireland licence” have the same meanings as in Part III of the Road Traffic Act 1988

• (2) Sections 185 and 186 of the Road Traffic Act 1988 (meaning of “motor vehicle” and other expressions relating to vehicles) apply for the purposes of this Act as they apply for the purposes of that Act.

• (3) In the Schedules to this Act—

• “RTRA” is used as an abbreviation for the Road Traffic Regulation Act 1984, and

• “RTA” is used as an abbreviation for the Road Traffic Act 1988 or, if followed by “1989”, the Road Traffic (Driver Licensing and Information Systems) Act 1989.

• (4) Subject to any express exception, references in this Act to any Part of this Act include a reference to any Schedule to this Act so far as relating to that Part.

Short title, commencement and extent

99

• (1) This Act may be cited as the Road Traffic Offenders Act 1988.

• (2) This Act, except so far as it may be brought into force under subsection (3) or (5) below, shall come into force at the end of the period of six months beginning with the day on which it is passed.

• (3) The provisions mentioned in subsection (4) below, so far as they relate to Scotland, shall come into force on such day or days as the Secretary of State may by order made by statutory instrument appoint.

• (4) Those provisions are—

• section 27(4),

• section 30, except so far as relating to sections 75 to 77, and

• Part III, except sections 51, 52(1) to (3), 53, 62 to 78, 80, 81 and 83 to 90.

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

• (6) An order under subsection (3) or (5) above may contain such transitional provisions and savings (whether or not involving the modification of any provisions contained in an Act or in subordinate legislation (within the meaning of the Interpretation Act 1978)) as appear to the Secretary of State necessary or expedient in connection with the provisions brought (wholly or partly) into force by the order, and different days may be appointed for different purposes.

• (7) This Act, except as provided by section 93, does not extend to Northern Ireland.

SCHEDULE 1

1

• (1) Where section 1, 6, 11 or 12(1) of this Act is shown in column 3 of this Schedule against a provision of the Road Traffic Act 1988 specified in column 1, the section in question applies to an offence under that provision.

• (2) The general nature of the offence is indicated in column 2.

2

Section 6 also applies—

• (a) to an offence under section 37A or 67 of this Act, . . .

• (b) in relation to Scotland, to an offence under section 173 of the Road Traffic Act 1988 (forgery, etc., of licences, test certificates, certificates of insurance and other documents and things), . . .

• (c) ... and

• (d) to an offence under section 3A(2) or paragraph 5A(2) or 8A(2) of Schedule 1 to the Road Traffic (New Drivers) Act 1995.

3

Section 11 also applies to—

• (a) any offence to which section 112 of the Road Traffic Regulation Act 1984 (information as to identity of driver or rider) applies except an offence under section 61(5) of that Act,

• (b) any offence which is punishable under section 91 of this Act, and

• (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) any offence against any other enactment relating to the use of vehicles on roads.

4

Section 12(1) also applies to—

• (a) any offence which is punishable under section 91 of this Act, and

• (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) any offence against any other enactment relating to the use of vehicles on roads.

SCHEDULE 2

Part I — Offences under the Traffic Acts

Part II — Other offences

SCHEDULE 3

SCHEDULE 4

Part I — Statutory Statement of Ownership or Hiring

1

• (1) For the purposes of Part III of this Act, a statutory statement of ownership is a statement on an official form signed by the person providing it and stating whether he was the owner of the vehicle at the time of the alleged offence and, if he was not the owner of the vehicle at that time, whether—

• (a) he was never the owner, or

• (b) he ceased to be the owner before, or became the owner after, that time,

and in a case within paragraph (b) above, stating, if the information is in his possession, the name and address of the person to whom, and the date on which, he disposed of the vehicle or (as the case may be) the name and address of the person from whom, and the date on which, he acquired it.

• (2) An official form for a statutory statement of ownership shall—

• (a) indicate that the person providing the statement in response to a notice to owner relating to an offence may give notice requesting a hearing in respect of the offence in the manner specified in the form, and

• (b) direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) below in any official form for a statutory statement of facts.

2

• (1) For the purposes of Part III of this Act, a statutory statement of hiring is a statement on an official form, signed by the person providing it, being a person by whom a statement of liability was signed, and stating—

• (a) whether at the time of the alleged offence the vehicle was let to him under the hiring agreement to which the statement of liability refers, and

• (b) if it was not, the date on which he returned the vehicle to the possession of the vehicle-hire firm concerned.

• (2) An official form for a statutory statement of hiring shall—

• (a) indicate that the person providing the statement in pursuance of a notice relating to an offence served under section 63 of this Act by virtue of section 66 of this Act may give notice requesting a hearing in respect of the offence in the manner specified in the form, and

• (b) direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) below in any official form for a statutory statement of facts.

• (3) In sub-paragraph (1) above “ statement of liability ”, “ hiring agreement ” and “ vehicle-hire firm ” have the same meanings as in section 66 of this Act.

Part II — Statutory Statement of Facts

3

• (1) For the purposes of Part III of this Act, a statutory statement of facts is a statement on an official form, signed by the person providing it, which—

• (a) states that the person providing it was not the driver of the vehicle at the time of the alleged offence, and

• (b) states the name and address at the time when the statement is provided of the person who was the driver of the vehicle at the time of the alleged offence.

• (2) A statutory statement of facts has effect as a notice given by the driver requesting a hearing in respect of the offence if it is signed by the person identified in the statement as the driver of the vehicle at the time of the alleged offence.

• (3) An official form for a statutory statement of facts shall indicate—

• (a) that if a person identified in the statement as the driver of the vehicle at the time of the alleged offence signs the statement he will be regarded as having given notice requesting a hearing in respect of the offence,

• (b) that the person on whom the notice to owner relating to the offence is served may not give notice requesting a hearing in respect of the offence on his own account if he provides a statutory statement of facts signed by a person so identified, and

• (c) that if the fixed penalty is not paid before the end of the period stated in the notice to owner as the period for response to the notice, a sum determined by reference to that fixed penalty may be registered without any court hearing for enforcement as a fine against the person on whom the notice to owner is served, unless he has given notice requesting a hearing in respect of the offence,

but that, in a case within paragraph (c) above, the sum in question may not be so registered if the person on whom the notice to owner is served provides a statutory statement of facts as mentioned in paragraph (b) above until two months have elapsed from the end of the period so stated without service of a summons or, in Scotland, complaint in respect of the offence on the person identified in that statement as the driver of the vehicle.

SCHEDULE 5

Requirement of warning etc: supplementary.

33A

• (1) Where a person commits an offence to which this subsection applies by—

• (a) driving, attempting to drive, or being in charge of a vehicle; or

• (b) failing to comply with a requirement made under section 7 of the Road Traffic Act 1988 (failure to provide specimen for analysis or laboratory test) in the course of an investigation into whether the offender had committed an offence while driving, attempting to drive or being in charge of a vehicle, or

• (c) failing, as the driver of a vehicle, to comply with subsections (2) and (3) of section 170 of the Road Traffic Act 1988 (duty to stop and give information or report accident),

the court may, on an application under this subsection, make an order forfeiting the vehicle concerned; and any vehicle forfeited under this subsection shall be disposed of as the court may direct.

• (2) Subsection (1) above applies—

• (a) to an offence under the Road Traffic Act 1988 which is punishable with imprisonment; and

• (b) to an offence of culpable homicide.

• (3) An application under subsection (1) above shall be at the instance of the prosecutor made when he moves for sentence (or, if the person has been remitted for sentence under section 195 of the Criminal Procedure (Scotland) Act 1995) made before sentence is pronounced.

• (4) Where—

• (a) the court is satisfied, on an application under this subsection by the prosecutor—

• (i) that proceedings have been, or are likely to be, instituted against a person in Scotland for an offence to which subsection (1) above applies allegedly committed in the manner specified in paragraph (a), (b) or (c) of that subsection; and

• (ii) that there is reasonable cause to believe that a vehicle specified in the application is to be found in a place or in premises so specified; and

• (b) it appears to the court that there are reasonable grounds for thinking that in the event of the person being convicted of the offence an order under subsection (1) above might be made in relation to the vehicle,

the court may grant a warrant authorising a person named therein to enter and search the place or premises and seize the vehicle.

• (5) Where the court has made an order under subsection (1) above for the forfeiture of a vehicle, the court or any justice may, if satisfied on evidence on oath—

• (a) that there is reasonable cause to believe that the vehicle is to be found in any place or premises; and

• (b) that admission to the place or premises has been refused or that a refusal of such admission is apprehended,

issue a warrant of search which may be executed according to law.

• (6) In relation to summary proceedings, the reference in subsection (5) above to a justice includes a reference to the sheriff and to a magistrate.

• (7) Part II of the Proceeds of Crime (Scotland) Act 1995 shall not apply in respect of a vehicle in relation to which this section applies.

• (8) This section extends to Scotland only.

34A

• (1) This section applies where—

• (a) a person is convicted of a relevant drink offence or a specified offence by or before a court, and

• (b) the court makes an order under section 34 of this Act disqualifying him for a period of not less than twelve months.

• (2) In this section “relevant drink offence” means—

• (a) an offence under paragraph (a) of subsection (1) of section 3A of the Road Traffic Act 1988 (causing death by careless driving when unfit to drive through drink) committed when unfit to drive through drink,

• (b) an offence under paragraph (b) of that subsection (causing death by careless driving with excess alcohol),

• (c) an offence under paragraph (c) of that subsection (failing to provide a specimen) where the specimen is required in connection with drink or consumption of alcohol,

• (d) an offence under section 4 of that Act (driving or being in charge when under influence of drink) committed by reason of unfitness through drink,

• (e) an offence under section 5(1) of that Act (driving or being in charge with excess alcohol),

• (f) an offence under section 7(6) of that Act (failing to provide a specimen) committed in the course of an investigation into an offence within any of the preceding paragraphs, or

• (g) an offence under section 7A(6) of that Act (failing to allow a specimen to be subjected to a laboratory test) in the course of an investigation into an offence within any of the preceding paragraphs.

• (3) In this section “specified offence” means—

• (a) an offence under section 3 of the Road Traffic Act 1988 (careless, and inconsiderate, driving),

• (b) an offence under section 36 of that Act (failing to comply with traffic signs),

• (c) an offence under section 17(4) of the Road Traffic Regulation Act 1984 (use of special road contrary to scheme or regulations), or

• (d) an offence under section 89(1) of that Act (exceeding speed limit).

• (4) But the Secretary of State may by regulations amend subsection (3) above by adding other offences or removing offences.

• (5) Where this section applies, the court may make an order that the period of disqualification imposed under section 34 of this Act (“the unreduced period”) shall be reduced if, by the relevant date, the offender satisfactorily completes an approved course specified in the order.

• (6) In subsection (5) above—

• “an approved course” means a course approved by the appropriate national authority for the purposes of this section in relation to the description of offence of which the offender is convicted, and

• “the relevant date” means such date, at least two months before the last day of the period of disqualification as reduced by the order, as is specified in the order.

• (7) The reduction made in a period of disqualification by an order under this section is a period specified in the order of—

• (a) not less than three months, and

• (b) not more than one quarter of the unreduced period,

(and, accordingly, where the unreduced period is twelve months, the reduced period is nine months).

• (8) A court shall not make an order under this section in the case of an offender convicted of a specified offence if—

• (a) the offender has, during the period of three years ending with the date on which the offence was committed, committed a specified offence and successfully completed an approved course pursuant to an order made under this section or section 30A of this Act on conviction of that offence, or

• (b) the specified offence was committed during his probationary period.

• (9) A court shall not make an order under this section in the case of an offender unless—

• (a) the court is satisfied that a place on the course specified in the order will be available for the offender,

• (b) the offender appears to the court to be of or over the age of 17,

• (c) the court has informed the offender (orally or in writing and in ordinary language) of the effect of the order and of the amount of the fees which he is required to pay for the course and when he must pay them, and

• (d) the offender has agreed that the order should be made.

34B

• (1) An offender shall be regarded for the purposes of section 34A of this Act as having completed a course satisfactorily if (and only if) a certificate that he has done so is received by the proper officer of the supervising court before the end of the unreduced period.

• (2) If a certificate under subsection (1) above is so received before the end of the unreduced period but after the end of the period which would (apart from this subsection) be the reduced period, the reduced period is to be taken to end with the day on which the certificate is so received.

• (3) A certificate under subsection (1) above is to be given by the course provider and shall be in such form, and contain such particulars, as may be prescribed by, or determined in accordance with, regulations made by the appropriate national authority.

• (4) A course provider must give a certificate under subsection (1) above to the offender not later than fourteen days after the date specified in the order as the latest date for the completion of the course unless the offender—

• (a) fails to make due payment of fees for the course,

• (b) fails to attend the course in accordance with the course provider's reasonable instructions, or

• (c) fails to comply with any other reasonable requirement of the course provider.

• (5) Where a course provider decides not to give a certificate under subsection (1) above to the offender, he shall give written notice of the decision to the offender as soon as possible, and in any event not later than fourteen days after the date specified in the order as the latest date for completion of the course.

• (6) An offender to whom a notice is given under subsection (5) above may, within such period as may be prescribed by rules of court, apply to the supervising court, or (if the supervising court is not the Crown Court, the High Court of Justiciary or the relevant local court) to either the supervising court or the relevant local court, for a declaration that the course provider's decision not to give a certificate under subsection (1) above was contrary to subsection (4) above.

• (7) If the court grants the application, section 34A of this Act shall have effect as if the certificate had been duly received by the proper officer of the supervising court.

• (8) If fourteen days after the date specified in the order as the latest date for completion of the course the course provider has given neither a certificate under subsection (1) above nor a notice under subsection (5) above, the offender may, within such period as may be prescribed by rules of court, apply to the supervising court, or (if the supervising court is not the Crown Court, the High Court of Justiciary or the relevant local court) to either the supervising court or the relevant local court, for a declaration that the course provider is in default.

• (9) If the court grants the application, section 34A of this Act shall have effect as if the certificate had been duly received by the proper officer of the supervising court.

• (10) A notice under subsection (5) above shall specify the ground on which it is given; and the appropriate national authority may by regulations make provision as to the form of notices under that subsection and as to the circumstances in which they are to be treated as given.

• (11) Where the proper officer of a court receives a certificate under subsection (1) above, or a court grants an application under subsection (6) or (8) above, the proper officer or court must send notice of that fact to the Secretary of State; and the notice must be sent in such manner and to such address, and must contain such particulars, as the Secretary of State may determine.

34C

• (1) The appropriate national authority may issue guidance to course providers, or to any category of course provider, as to the conduct of courses approved for the purposes of section 34A of this Act; and—

• (a) course providers shall have regard to any guidance given to them under this subsection, and

• (b) in determining for the purposes of section 34B of this Act whether any instructions or requirements of a course provider were reasonable, a court shall have regard to any guidance given to him under this subsection.

• (2) The Secretary of State may by regulations make provision—

• (a) amending section 34A(1)(b) of this Act by substituting for the period for the time being specified there a different period,

• (b) amending section 34A(7) of this Act by substituting for the period for the time being specified there a different period, or by substituting for the fraction of the unreduced period for the time being specified there a different fraction of that period, (or by doing both), or

• (c) amending section 34A(8)(a) of this Act by substituting for the period for the time being specified there a different period.

• (3) In sections 34A to 34BA of this Act and this section—

• “appropriate national authority” means (as respects Wales) the National Assembly for Wales and (otherwise) the Secretary of State;

• “course provider”, in relation to a course, means the person by whom it is, or is to be, provided;

• “probationary period” has the meaning given in section 1 of the Road Traffic (New Drivers) Act 1995;

• “proper officer” means—in relation to a magistrates' court in England and Wales, the designated officer for the court, andotherwise, the clerk of the court;

• “relevant local court”, in relation to an order under section 34A of this Act in the case of an offender, means—in England and Wales, a magistrates' court acting for the local justice area in which the offender resides, andin Scotland, the sheriff court for the district where the offender resides or, where the order is made by a stipendiary magistrate and the offender resides within his commission area, the district court for that area; and

• “supervising court”, in relation to an order under section 34A of this Act, means—in England and Wales, if the Crown Court made the order the Crown Court and otherwise a magistrates' court acting for the same local justice area as the court which made the order, andin Scotland, the court which made the order.

• (4) Any power to make regulations under section 34A, 34B or 34BA of this Act or this section includes power to make different provision for different cases, and to make such incidental or supplementary provision as appears necessary or appropriate.

• (5) Any power to make regulations under section 34A, 34B or 34BA of this Act or this section shall be exercisable by statutory instrument.

• (6) No regulations shall be made under section 34A of this Act or this section unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.

• (7) A statutory instrument containing regulations made under section 34B or 34BA of this Act by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

41A

• (1) Where a person makes an application to a court under section 34B of this Act, the court may suspend the disqualification to which the application relates pending the determination of the application.

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

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

91A

• (1) The references in sections 7, 26(7) and (8) ... , 27 and 37A of this Act to a licence includes references to a Community licence; and accordingly the reference in section 27(3)(b) of this Act to the suspension of a licence is to be construed in relation to a Community licence as a reference to the Community licence holder ceasing to be authorised by virtue of section 99(A)(1) of the Road Traffic Act 1988 to drive in Great Britain a motor vehicle of any class.

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

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

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

• (5) Where a court orders the holder of a Community licence to be disqualified, it must send the Community licence ..., on its being produced to the court, to the Secretary of State.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) Where—

• (a) a notice is sent to the Secretary of State under section 44A above for the endorsement of a person's driving record with any particulars or penalty points, and

• (b) the particulars contained in the notice include—

• (i) particulars of an offence in respect of which the holder of a Community licence, or a person normally resident in an EEA state who does not hold a licence, is disqualified by an order of a court, and

• (ii) particulars of the disqualification,

the Secretary of State must send a notice containing the particulars mentioned in paragraph (b)(i) and (ii) to the licensing authority in the EEA state in respect of which the Community licence was issued or, where the person disqualified is not the holder of a licence, the licensing authority in the EEA state where the person is normally resident.

• (7A) Where a Community licence has been sent to the Secretary of State in pursuance of subsection (5) above, he must return the Community licence to the holder—

• (a) on the expiry of the period of disqualification, or

• (b) if earlier, on being satisfied that the holder has left Great Britain and is not normally resident there.

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

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

91B

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

1A

Section 1 also 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, and

• (c) an offence under section 88(7) or 89(1) of that Act (speeding offences).

Editorial notes

[^c18157111]: Act amended by Road Traffic Act 1988 (c. 52, SIF 107:1), ss. 187(3), 188(1), 189(1), 190(1) and Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 2(3)

[^c18157121]: Act excluded by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193, Sch. 4 paras. 5, 11 and Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 7

[^c18157131]: Act applied by Road Traffic Act 1988 (c. 52, SIF 107:1), ss. 109(2), 183

[^c18157141]: By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

[^c18157151]: Act modified (1.6.1997) by 1995 c. 13, s. 5(7) (with s. 8); S.I. 1997/267, art. 2(2) Act applied (1.7.1997) by 1995 c. 13, s. 9(2) (with s. 8); S.I. 1997/267, art. 2(2)

[^c18157161]: Act partly in force at 15.5.89; see s. 99(2).

[^c18157231]: Ss. 1, 2 excluded by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193, Sch. 4 paras. 8, 11

[^c18157241]: S. 1: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2, Sch.).

[^c18157251]: Words in s. 1(1) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 80; S.I. 1992/1286, art. 2, Sch.

[^c18157261]: 1988 c. 52.

[^c18157271]: S. 1(1A) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 6(3); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

[^c18157301]: Ss. 1, 2 excluded by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193, Sch. 4 paras. 8, 11

[^c18157311]: S. 2: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2,Sch.).

[^c18157321]: S. 2(4) substituted (1.7.1992) for s. 2(4)-(6) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 81; S.I. 1992/1286, art. 2,Sch.

[^c18157371]: S. 3(1) repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 16, Sch. 6

[^c18157381]: S. 3(2A) inserted (1.1.1997) by S.I. 1996//1974, reg. 3, Sch. 2 para. 1

[^c18157461]: Words in s. 4(1) substituted by Motor Vehicles (Safety Equipment for Children) Act 1991 (c. 14, SIF 107:1), s. 3(1).

[^c18157471]: Words substituted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 10

[^c18157481]: 1984 c. 27.

[^c18157491]: Words in s. 4(5) substituted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. II, para. 41(2)(a); S.I. 1996/396, art. 3, Sch. 1

[^c18157501]: Words in s. 4(5) repealed (1.4.1996) by 1994 c. 19, ss. 22(1), 66(8), Sch. 7 Pt. II, para. 41(2)(b), Sch. 18; S.I. 1996/396, arts. 3, 4, Sch. 1, Sch. 2

[^c18157511]: 1984 c. 27.

[^c18157521]: S. 4(8) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. II, para. 41(3); S.I. 1996/396, art. 3, Sch. 1

[^c18157551]: Words in s. 5 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 82; S.I. 1992/1286, art. 2,Sch.

[^c18157561]: 1988 c. 52.

[^c18157571]: 1872 c. 94.

[^c18157601]: S. 6 applied (1.1.1996) by 1995 c. 23, s. 51

[^c18157611]: Words in s. 6(5) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 71(2)

[^c18157701]: S. 7 applied with modifications by S.I. 1987/1378, reg. 25(3) (as amended by S.I. 1990/842, reg. 9)

[^c18157711]: S. 7: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2, Sch.).

[^c18157721]: S. 7 extended (1.6.1997) by 1995 c. 13, s. 6, Sch. 1 Pt. II, para. 3(2); S.I. 1997/267, art. 2(2)

[^c18157731]: S. 7 applied (with modifications) (12.11.1999) by S.I. 1999/2864, reg. 80(5)(a)

[^c18157911]: S. 8: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2, Sch.).

[^c18157921]: Words in s. 8(a) substituted (1.4.2001) for words “to the clerk of a court in pursuance of section 12(2)" by virtue of 1999 c. 22, s. 90(1), Sch. 13 para. 142 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

[^c18157931]: 1980 c. 43.

[^c18157941]: 1975 c. 21.

[^c18157951]: 1988 c. 52.

[^c18158031]: S. 11 extended by Greater London Council (General Powers) Act 1974 (c. xxxiv, SIF 107:1), s. 15(2)(b) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 12(a) )

[^c18158041]: S. 11: power to extend conferred by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 96(2)(d) (as substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 25(e) )

[^c18158051]: Words in s. 11(1) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 84; S.I. 1992/1286, art. 2, Sch.

[^c18158081]: S. 11(3A) inserted (8.3.1997) (EW) by 1996 c. 25, s. 47, Sch. 1 Pt. II, para. 35 (with s. 78(1)); S.I. 1997/683, art. 1(2)

[^c18158131]: S. 12 extended by Greater London Council (General Powers) Act 1974 (c. xxiv, SIF 107:1, s. 15(2)(b) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 12(a))

[^c18158151]: 1988 c. 52.

[^c18158161]: 1984 c. 27.

[^c18158171]: S. 12(4) added (1.4.1993 only for the purposes of summary criminal proceedings in Scotland which are commenced on or after 1.4.1993) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para.85; S.I. 1993/975, art. 2 Sch.

[^c18158181]: Words in s. 12(4) (as proposed to be inserted by 1991 c. 40, Sch. 4 para. 85) substituted (S.) (29.3.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 5 (with s. 47(2), Sch. 6 paras. 1, 2)

[^c18158341]: S. 13(3) substituted for s. 13(3)(3A) (31.1.1997) by 1995 c. 38, s. 15(1), Sch. 1 para. 15; S.I. 1996/3217, art. 2

[^c18158351]: S. 13(3A)(3B) inserted after s. 13(3) (1.9.1998) by 1998 c. 15 s. 2(1); S.I. 1998/1837, arts. 2, 3

[^c18158361]: Words in s. 13(4)(a) inserted (1.9.1998) by 1998 c. 15, s. 2(2); S.I. 1998/1837, arts. 2, 3

[^c18158381]: S. 13(7) inserted (8.3.1997) (EW) by 1996 c. 25, s. 47, Sch. 1 Pt. II para. 36; S.i. 1997/683, art. 1(2)

[^c18158401]: Words in s. 14 inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para.86; S.I. 1992/1286, art. 2,Sch.

[^c18158411]: 1988 c. 52.

[^c18158461]: Words in s. 15(1) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 87(2); S.I. 1992/1286, art. 2, Sch.

[^c18158471]: Words in s. 15(1) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 87(2); S.I. 1992/1286, art. 2, Sch.

[^c18158481]: Words in S. 15(2) inserted (1.10.2002) by 2002 c. 53, s. 57(1), S.I. 2002/2306 art. 2(d)(v)

[^c18158491]: Words in s. 15(2) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 87(3); S.I. 1992/1286, art. 2, Sch.

[^c18158501]: Words in s. 15(2) inserted (1.10.2002) by 2002 c. 53, s. 57(1), S.I 2002/2306, art. 2(d)(v)

[^c18158511]: S. 15(3) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 87(4); S.I. 1992/1286, art. 2, Sch.

[^c18158521]: Words in s. 15(3)(a) inserted (1.10.2002) by 2002 c. 53, s. 57(2), S.I. 2002/2306, art. 2(d)(v)

[^c18158531]: Words in s. 15(4) substituted (1.10.2002 except for the words “or a registered health care professional”) by 2002 c. 30, s. 57(3), S.I. 2002/2306, art. 2(d)(v)

[^c18158551]: S. 15(5A) inserted (1.10.2002) by 2002 c. 53, s. 57(4), S.I. 2002/2306, art. 2(d)(v)

[^c18158591]: Words in s. 16(1) inserted (1.10.2002) by 2002 c. 53, s. 57(5); S.I. 2002/2306 art. 2(d)(v)

[^c18158601]: S. 16(6A) inserted (8.3.1997) (E.W.) by 1996 c. 25, s. 47, Sch. 1 Pt. II, para. 37, Pt. III para. 39; S.I. 1997/683, art. 1(2)

[^c18158611]: Words substituted by Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 59(1), Sch. 3 para. 38

[^c18158691]: Words in s. 17(1) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 88(2); S.I. 1992/1286, art. 2,Sch.

[^c18158701]: Words in s. 17(3) 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

[^c18158721]: Words in s. 17(3) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 88(3); S.I. 1992/1286, art. 2,Sch.

[^c18158731]: 1985 c. 72.

[^c18158741]: 1988 c. 52.

[^c18158751]: S. 19 applied (20.10.1997) by 1997 c. 48, s. 15(1); S.I. 1997/2323, art. 3, Sch. 1

[^c18158761]: S. 19 renumbered s. 19(1) (31.3.1996) by 1995 c. 20, s. 117(1), Sch. 6 Pt. I, para. 171(a); S.I. 1996/517, art. 3(2)

[^c18158771]: Words in s. 19(1) (as renumbered by 1995 c. 20, s. 117(1), Sch. 6 Pt. I, para. 171(a)) inserted (31.3.1996) by 1995 c. 20, s. 117(1), Sch. 6 P. I, para. 171(b); S.I. 1996/517, art. 3(2)

[^c18158781]: S. 19(2) inserted (31.3.1996) by 1995 c. 20, s. 117(1), Sch. 6 Pt. I, para. 171(c); S.I. 1996/517, art. 3(2)

[^c18158881]: S. 20 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 23; S.I. 1992/1286, art. 2, Sch.

[^c18158891]: S. 20(2)(f) inserted (18.3.1997) by S.I. 1997/384, art. 2

[^c22152121]: S. 20(2)(g) added (1.6.2001) by S.I. 2001/1814, art. 3

[^c22152141]: 1994 c. 22; section 29 was amended by Schedule 2 to the Finance Act 1996 (c. 8).

[^c18158901]: S. 20(4) extended (1.7.1992) by S.I. 1992/1286, art. 4(1)

[^c18158911]: S. 20(8A) inserted (E.W.) (8.3.1997) by 1996 c. 25, s. 47, Sch. 1 Pt. II para. 38, Pt. III para. 39 (with s. 78(1)); S.I. 1997/683, art. 1

[^c18158921]: S. 20(8A) inserted (31.3.1996) by 1995 c. 20, s. 117(1), Sch. 6 Pt. I para. 172 and repealed (S.) (1.4.1996) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. I para. 16(3), Sch. 5 (with Sch. 3 paras. 1, 3, 6, 16, 17); S.I. 1996/517, art. 3(2)

[^c18159001]: 1984 c. 27.

[^c18159011]: S. 21(2)(e)(f) repealed (1.9.1994) by 1994 c. 22, ss. 65, 66, Sch. 5 Pt. I (with s. 57(4), Sch. 4)

[^c18159031]: Words in s. 21(3) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 89; S.I. 1992/1286, art. 2, Sch.

[^c18159041]: 1988 c. 52.

[^c18159051]: S. 22: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b)(inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2,Sch.).

[^c18159061]: Words in s. 23(1) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 90(2)(a); S.I. 1992/1286, art. 2,Sch.

[^c18159081]: S. 23(2) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, 83, Sch. 4 para. 90(3), Sch.8; S.I. 1992/1286, art. 2, Sch.Appendix

[^c18159121]: S. 24 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 24; S.I. 1992/1286, art. 2, Sch.

[^c18159131]: Words in s. 24(6) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 71(3)

[^c18159391]: S. 25: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2, Sch.).

[^c18159401]: 1988 c. 52.

[^c18159411]: Words in s. 25(2)(a) substituted (1.4.2001) for words “to the clerk of a court in pursuance of section 12(2)" by virtue of 1999 c. 22, s. 90(1), Sch. 13 para. 142 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

[^c18159421]: 1980 c. 43.

[^c18159431]: 1975 c. 21.

[^c18159451]: 1978 c. 30.

[^c18159651]: S. 26 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 25; S.I. 1992/1286, art. 2, Sch.

[^c18159661]: S. 26: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2, Sch.).

[^c18159691]: Words in s. 26(2)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 119(3)

[^c18159701]: Words in s. 26(7)(b) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 143 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

[^c18159711]: S. 26(7)(2) inserted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 143 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2) it is provided (1.4.2001) that after subsection (7) there shall be inserted subsection (2)

[^c18159721]: Words in s. 26(10) substituted (1.1.1997) by S.I. 1996/1974, reg. 3, Sch. 2 para. 2

[^c18160371]: S. 27: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2, Sch.).

[^c18160381]: S. 27(1)(2) applied with modifications by S.I. 1987/1378, reg. 25(3) (as amended by S.I. 1990/842, reg. 9) S. 27(1)(3) applied (with modifications) (12.11.1999) by S.I. 1999/2864, reg. 80(5)(b)

[^c18160411]: S. 27(2) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 48, 83, Sch. 4 para. 91(3), Sch. 8; S.I. 1992/1286, art. 2, Sch.

[^c18160421]: S. 27(3) applied with modifications by S.I. 1987/1378, reg. 25(3) (as amended by S.I. 1990/842, reg. 9) S. 27(3) applied with modifications (1.1.1998) (EW) by 1997 c. 43, s. 39(5)(b), 40(6); S.I. 1997/2200, art. 3(b)(c) (with art. 5)

[^c18160431]: S. 27(3) extended by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), s. 44(3)(a) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 11(b) ) S. 27 extended (1.1.1998) by 1997 c. 43, ss. 39(5)(b), 40(6); S.I. 1997/2200, arts. 3(b)(c), 5

[^c18160471]: Words in s. 27(3) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 91(4); S.I. 1992/1286, art. 2, Sch.

[^c18160481]: Words in s. 27(3) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 120

[^c18160491]: Words in s. 27(3) substituted (2.4.2001) by 2000 c. 19, s. 16(5) (with s. 83(6)); S.I. 2000/3354, art. 2(3)

[^c18160501]: 1991 c. 48

[^c18160511]: Words substituted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 3(b)

[^c18160581]: S. 28 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 27; S.I. 1992/1286, art. 2,Sch.

[^c18160591]: S. 28: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b)(inserted (1.7.1992)) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2,Sch.).