Road Traffic Act 1988
What this means for your business
- Enforced by
- DVSA
- Applies to
- United Kingdom
- On this page
- 94 compliance obligations, 16 practical guides across 2 topics
What you must do
94 compliance obligations under this legislation — 35 can result in imprisonment.
Risk assessment 1
Show commercial viability and community support for a motor race
If youâre planning a motor race on public roads, you must give the highway authority proof that the event can run safely, is likely to make money and that the local community and emergency services are on board. The order you may receive will then set the rules you have to follow.
Insurance 2
Maintain valid motor insurance that meets Road Traffic Act requirements
If you own or run a vehicle on UK roads, you must have a motor insurance policy from an authorised insurer that covers thirdâparty death, injury or property damage, any required cover when the vehicle is used in Northern Ireland or the EU, and emergency treatment costs. The policy must meet the limits set out in the Act and cannot be used to cover certain liabilities such as employerâs liability or vehicle damage.
Provide and maintain certificate of insurance for policyholders
If your business issues an insurance policy that falls under the Road Traffic Act 1988, you must give the person who bought the policy a certificate in the prescribed format. You can send it electronically or make it available on a website if the policyholder agrees, and you must keep the certificate accessible online for the whole length of the policy.
Management duties 1
Surrender expired or updated driving licences
If you hold a UK driving licence, you must give it back to the Secretary of State as soon as it is no longer valid â either when the administrative validity period ends or when your name or address changes. Failing to do so is a criminal offence.
Notifications 1
Notify Secretary of State of insurance refusals on health grounds
If your insurance company refuses to issue a motorâvehicle insurance policy because the applicantâs health is unsatisfactory, you must inform the Secretary of State as soon as practicable. The notification must include the personâs full name, address, sex and date of birth as they were given to you.
Other requirements 2
Return Community licence to the Secretary of State when required
If your business holds a large goods vehicle (LGV) or passengerâcarrying vehicle (PCV) Community licence and the Secretary of State serves you a notice because of your conduct or circumstances, you must hand the licence over immediately. The notice will also tell you the date from which you lose the right to drive those vehicles in Great Britain. Failing to return the licence without a reasonable excuse is a criminal offence.
Return your driving licence when revoked or suspended
If the Secretary of State revokes or suspends your driving licence, you must hand the licence back to the Secretary of State (or to the traffic commissioner if already delivered) as soon as you receive the notice. Failing to do so is a criminal offence.
Offences and prohibitions 86
Allow a child under 14 to ride an electrically assisted pedal cycle
6 months imprisonmentIf anyone rides, or lets someone else (knowing they are under 14) ride, an electrically assisted pedal cycle on a road, they commit a criminal offence. This applies to business owners who provide eâbikes to customers, employees or the public. Conviction can lead to a fine and/or imprisonment, depending on the penalty set elsewhere in the Road Traffic Act.
Apply unauthorised approval mark to vehicle or part
2 years imprisonmentIf you put an approval mark on a motor vehicle or any of its parts without proper authorisation â or you use a mark that looks like an official approval mark and could mislead â you commit an offence under the Trade Descriptions Act 1968. On conviction you face an unlimited fine and, depending on the court, up to a few yearsâ imprisonment.
Careless or inconsiderate cycling
Unlimited fineIf you (or an employee) rides a bicycle on a public road without due care and attention, or without reasonable consideration for other road users, you commit a criminal offence. On conviction you will be fined â the maximum is levelâŻ5 on the standard scale (an unlimited fine) â and the case is dealt with in the magistrates' court only. There is no imprisonment for this offence.
Carry more than one person on a nonâmotorised bicycle
6 months imprisonmentIf a bicycle that isnât powered by a motor and isnât designed or altered to carry more than one passenger is used on a road or bridleway with a second person, each passenger commits an offence. This can affect businesses that provide bicycles to staff or customers. Conviction can result in a fine (up to the maximum levelâ5/ unlimited amount) and a short term of imprisonment for a summary offence.
Carry too many passengers or seat them incorrectly on a motorcycle
6 months imprisonmentIf your business uses motorcycles, you must not have more than one passenger besides the rider, and any passenger must sit astride or on a properly fixed seat behind the rider. Carrying anyone else, or allowing them to sit elsewhere, makes the driver guilty of an offence, which can lead to an unlimited fine and up to six monthsâ imprisonment on conviction.
Cause danger to roadâusers
6 months imprisonmentIf you intentionally place something on a road, interfere with a vehicle or traffic equipment, and a reasonable person would see that as dangerous, you commit an offence. This can apply to actions by you or your staff, such as leaving an obstruction on the highway or tampering with road signs. Conviction can lead to a fine (unlimited) and, on indictment, up to six monthsâ imprisonment.
Cause death by careless driving while under influence
14 years imprisonmentIf a driver causes another person's death by driving without due care and is drunk, under the influence of drugs, or refuses a required breath/blood test, the driver commits a criminal offence. On conviction the driver faces an unlimited fine and up to 14 years' imprisonment. The offence can be tried either in the Magistrates' Court or the Crown Court.
Cause death by careless or inconsiderate driving
5 years imprisonmentIf a driver employed by your business (or any driver on a vehicle you own or control) causes a personâs death because they drove without due care or reasonable consideration, you can be prosecuted. A conviction can lead to a fine and/or a prison term, which may be tried in either the Magistratesâ Court or the Crown Court depending on the seriousness.
Cause death by dangerous driving
If a driver of a mechanically propelled vehicle kills someone by driving dangerously on a road or other public place, they commit a criminal offence. This can affect businesses that employ drivers, as the driver (and potentially the employer) may be prosecuted. Conviction can lead to imprisonment and a fine, with the case tried either in a Magistratesâ Court or Crown Court depending on seriousness.
Cause death while driving unlicensed or uninsured
5 years imprisonmentIf a driver causes a death while they are driving without a valid licence or without insurance, they (and any employer who could be held vicariously liable) commit a criminal offence. On conviction the person can be sentenced to up to five years in prison and face an unlimited fine. The case can be tried either in the Magistrates' Court or in the Crown Court.
Cause death while driving while disqualified
10 years imprisonmentIf a driver who is disqualified â for example because they have previously lost their licence â drives a vehicle on a road and causes another personâs death, the driver commits a criminal offence. The offence can lead to an unlimited fine and a long prison term, and a business can be exposed to liability if the driver is an employee or is using a company vehicle.
Cause serious injury by careless or inconsiderate driving
5 years imprisonmentIf a driver employed by your business (or you yourself) operates a vehicle on a road without due care or consideration and that driving causes a serious injury to another person, you commit a criminal offence. On conviction you can be fined an unlimited amount and face up to five yearsâ imprisonment. The offence can be tried either in the Magistratesâ Court or the Crown Court.
Cause serious injury by dangerous driving
5 years imprisonmentIf a driver of a mechanically propelled vehicle (including a company car or fleet vehicle) drives dangerously on a road or other public place and this causes a serious injury to another person, the driver commits a criminal offence. A conviction can result in an unlimited fine and up to five yearsâ imprisonment. The offence can be tried either in the Magistratesâ Court or in the Crown Court.
Causing serious injury while driving while disqualified
5 years imprisonmentIf a driver employed by your business causes serious injury to anyone while driving a vehicle on a road, and at that time they are disqualified from driving, both the driver and potentially the business can be prosecuted. A conviction can result in an unlimited fine and up to five yearsâ imprisonment.
Conduct unauthorised motor vehicle trial on footpaths, bridleways or restricted byways
If you organise, promote or take part in a motorâvehicle trial on a footpath, bridleway or restricted byway without written permission from the local authority (and the landowner/occupier), you are committing a criminal offence. The same applies if you ignore any conditions that were attached to an authorisation that was granted. Conviction can lead to a fine and/or imprisonment, although the exact penalties are not set out in the wording you supplied.
Corporate offence also liable to directors and managers
If your company commits an offence under the Road Traffic Act and that offence can be shown to have arisen because a director, manager, secretary or similar officer consented, connived, or was negligent, then both the company and that individual can be prosecuted and punished in the same way as the original offence.
Dangerous driving
2 years imprisonmentIf anyone driving a mechanically propelled vehicle for your business does so dangerously on a road or other public place, they commit a criminal offence. A conviction can lead to an unlimited fine and up to two yearsâ imprisonment, depending on whether the case is heard in a magistrates' court or the Crown Court.
Drive after licence refusal or revocation
6 months imprisonmentIf a driver continues to operate a motor vehicle after their licence has been refused, revoked, or they have been served a notice to surrender it, they are committing an offence. This applies to anyone who drives a company vehicle, not just private individuals. On conviction the driver (or the business employing them) can face an unlimited fine and up to six months in prison.
Drive a vehicle onto common land or footpath without authority
If you or anyone acting for your business drives a mechanicallyâpropelled vehicle onto common land, moorland, or onto a footpath, bridleway or restricted byway â i.e. any land that is not a road â without lawful authority, you commit an offence. Certain exceptions apply (e.g. land owners or visitors using a road that was previously a public path, parking within 15âŻyards, or emergency situations). Conviction can result in a fine and/or imprisonment, with the case heard in the magistratesâ court or, in more serious instances, the Crown Court.
Drive a vehicle with a child not wearing a seat belt
If you drive a motor vehicle and a child under 14 in the front seat is not wearing a seat belt (or the airâbag is not deâactivated when required), you commit an offence. The same applies when a child in the rear seat is not properly restrained under the conditions set out in the section. Conviction can lead to a fine and/or imprisonment, so you must make sure drivers always enforce the correct seatâbelt or restraint rules for children.
Drive a vehicle without a valid licence
6 months imprisonmentIf youâor anyone you allow to driveâa motor vehicle on a road without holding the correct licence for that class of vehicle, you breach the Road Traffic Act 1988. Conviction can lead to an unlimited fine and up to six monthsâ imprisonment. The offence is dealt with in the Magistratesâ Court.
Drive carelessly or inconsiderately
6 months imprisonmentIf a driver employed by your business operates a vehicle on a road without due care and attention, or without reasonable consideration for other road users, the driver (and potentially the employer) commits a criminal offence. On conviction the driver can face an unlimited fine and up to six monthsâ imprisonment. The case can be heard either in a Magistratesâ Court or, if more serious, in the Crown Court.
Drive or allow vehicle in breach of overload/fitness prohibition
Unlimited fineIf you drive a vehicle, or let anyone else drive it, when a legal prohibition (under sectionsâŻ69 orâŻ70) says the vehicle must not be used because it is unfit or overloaded, you commit a criminal offence. The same applies if you ignore a written direction to stop using the vehicle. Conviction can lead to a fine and, in serious cases, imprisonment.
Drive or be in charge of vehicle while under influence of drink or drugs
If a driver â whether an employee, contractor or anyone else â operates or is responsible for a motor vehicle on a road while their ability to drive is impaired by alcohol or drugs, they commit a criminal offence. The police can arrest the person without a warrant, and a conviction can lead to a fine and/or imprisonment. Businesses should ensure that anyone who drives company vehicles is fit to do so, and have policies and checks to prevent drinkâ or drugârelated driving.
Drive or be in charge of vehicle with drug level above limit
6 months imprisonmentIf a driver or anyone in charge of a company vehicle has a specified controlled drug in their blood or urine above the legal limit while on a road or public place, they commit a criminal offence. Businesses must ensure their drivers are not taking such drugs and have policies to prevent it. Conviction can result in an unlimited fine and up to six months' imprisonment.
Drive or be in charge of vehicle with excess alcohol
Unlimited fineIf you drive, attempt to drive or are in charge of a motor vehicle on a road after drinking enough alcohol for your breath, blood or urine to be above the legal limit, you commit a criminal offence. Conviction can lead to a fine, a possible prison term and a disqualification from driving. The exact penalties depend on the full Road Traffic Act provisions.
Drive or park on a cycle track without authority
If a vehicle that is mechanically propelled (for example a van, car or delivery truck) is driven or parked on a cycle track â even partly â without lawful authority, the driver or owner commits an offence. The rule applies to any business that operates such vehicles on public roads. Conviction can lead to a fine and, in some cases, imprisonment, although the exact penalties are set out elsewhere in the legislation.
Drive while using a handâheld phone or without proper vehicle control
Unlimited fineIf a driver (or anyone supervising a driver) operates a vehicle from a position that does not give proper control or a clear view of the road, or uses a handâheld mobile phone or similar device while driving, they commit an offence. The business can be prosecuted if any of its drivers, employees or contractors break these rules. Conviction can lead to a fine and/or a custodial sentence.
Drive with uncorrected defective eyesight
If you drive a motor vehicle on a road and your eyesight â even with the glasses or contacts you were wearing at the time â does not meet the legal eyesight standard, you are committing an offence. Refusing a police request to take an eyesight test is also an offence. A conviction can lead to a fine and/or imprisonment, which could affect your licence and business reputation.
Exceed vehicle weight limits
If you load a goods vehicle or a passenger vehicle (or a trailer for more than eight passengers) beyond the legal weight limit, or you use such an overloaded vehicle on a road, you commit a criminal offence. A conviction can result in a fine and/or imprisonment, although the exact penalties are set elsewhere in the Act. Defences are available if you were travelling to or from a weighbridge or were no more than 5âŻ% over the limit and did not add any load after weighing.
Fail to comply with community licence information notice
If a driver who holds an EU/EEA Community licence and is normally resident in Great Britain does not deliver the licence and the required information to the Secretary of State when a notice is served, they commit a criminal offence. This can apply to employees or contractors who drive your vehicles. Conviction can result in a fine and/or imprisonment, so you must ensure any such drivers comply with the notice promptly.
Fail to comply with conditions of a restricted licence or allow underâ21 driver to breach them
6 months imprisonmentIf you employ a driver under 21 who holds a provisional largeâgoods or passengerâcar licence, a full licence issued before they turn 21, or a community LGV licence, you must make sure they follow all the conditions attached to that licence. Breaching any condition without a reasonable excuse is a criminal offence. It is also an offence for anyone who knowingly lets an underâ21 driver operate a largeâgoods or passengerâcarriage vehicle in breach of those conditions.
Fail to comply with traffic signs while driving
If you drive a vehicle and ignore a road sign that has been lawfully placed, you commit a criminal offence. This applies to any driver employed by a business as well as ownerâdrivers. A conviction can result in a fine, penalty points on your licence and, in more serious cases, imprisonment.
Fail to cooperate with a police preliminary test
If a police officer reasonably suspects that you are, have been, or might be driving under the influence of alcohol or drugs, or have committed a traffic offence, they can require you to take a breath, saliva or other preliminary test. Refusing to cooperate without a reasonable excuse is a criminal offence. A conviction can result in a fine and, in some cases, a short period of imprisonment.
Fail to deliver Northern Ireland licence when required
If you are served a written notice to hand over your Northern Ireland driving licence because of a disability, you must deliver it to the Secretary of State immediately. Failing to do so without a reasonable excuse is a criminal offence and can lead to a fine, possible imprisonment and the loss of your authorisation to drive in Great Britain.
Fail to disclose a new or worsening disability
6 months imprisonmentIf you hold a licence listed on the disability register (or a licence granted under the emergencyâcontrol provisions) and you develop a new disability, or an existing one becomes more severe, you must tell the Registrar in writing right away. Failing to do so without a reasonable excuse is a criminal offence.
Fail to give driver identification when required
Unlimited fineIf the police ask you (or anyone who keeps a vehicle) to provide the name of the person who was driving a vehicle in connection with an offence, you must supply that information within 28 days. Failing to do so â or not keeping a record of who drove the vehicle â is a criminal offence. The offence can also extend to the company or its managers if the breach is due to their neglect or consent.
Fail to notify bus passengers to wear seat belts
If you run a bus that has seatâbeltâfitted passenger seats, you must make sure every passenger is told to wear the belt while the bus is moving â either by an announcement when they board or by a clear sign at the seat. Failing to do so is a criminal offence, and both the busâoperator company and any director or manager responsible can be prosecuted. Conviction can lead to an unlimited fine and possibly imprisonment.
Fail to notify disability information to the Secretary of State
6 months imprisonmentIf a driver who holds a Community licence is required to tell the Secretary of State about a disability (or a prospective disability) and does not do so without a reasonable excuse, the driver commits a criminal offence. This applies even if the failure occurred before the driver started a particular trip. Conviction can lead to a fine and/or imprisonment, depending on the court.
Fail to notify disability to the Secretary of State
If a driver who holds a UK driving licence becomes aware that they have a relevant or prospective disability (or that an existing disability has worsened) they must immediately write to the Secretary of State describing it. Not doing so without a reasonable excuse is a criminal offence, and can also be used as a basis for further action (such as licence revocation) if the driver later drives.
Fail to notify disability when applying to be a disabled instructor
6 months imprisonmentIf a person applying to be entered on the register of disabled driving instructors does not provide the required written details of their disability (when they know it or it has worsened) and has no reasonable excuse, they commit a criminal offence. This can affect businesses that employ disabled instructors, as they must ensure the instructor complies with the notification requirement.
Fail to obey traffic directions from police or traffic officer
6 months imprisonmentIf one of your drivers is told by a police constable or traffic officer to stop, keep to a specific lane, or proceed to a certain point and they ignore or refuse the instruction, the driver commits a criminal offence. The business can be pursued if the driver is acting in the course of their employment. Conviction can result in a fine and possibly a short custodial sentence.
Fail to produce licence or give date of birth when required
If a police officer or vehicle examiner asks you to show your driving licence (or, in certain cases, state your date of birth) and you do not comply, you commit a criminal offence. The police can seize the licence and you may be prosecuted, facing a fine and/or imprisonment. This applies to anyone who is driving, supervising a provisionalâlicence driver or otherwise suspected of an offence on the road.
Fail to produce required road transport certificate or licence
If a police officer or a person authorised by the Secretary of State asks you to show a roadâtraffic certificate or licence you hold and you do not produce it, you commit a criminal offence. Conviction can lead to a fine and/or imprisonment, although the exact maximum penalties are not set out in this section.
Fail to provide insurance information to police
Unlimited fineIf the police ask you, as the owner of a vehicle (or a party to a hiring agreement), to give information that proves the vehicle is insured, you must comply. Not providing that information is a criminal offence. A conviction can lead to a fine (normally an unlimited fine) and, in the most serious cases, imprisonment.
Fail to provide name, address or insurance/test certificates when required
If a driver, a person suspected of driving, or a supervisor of a provisionalâlicence holder is asked by a police officer or DVSA examiner to give their name and address and to show the vehicleâs insurance or test certificates, and they do not do so, they commit a criminal offence. Conviction can lead to a fine and/or imprisonment, but the exact maximum penalties are set elsewhere in the Act.
Fail to stop, give details or report a road accident
6 months imprisonmentIf one of your drivers is involved in a road accident that causes personal injury, damage to another vehicle, an animal, or property, the driver must stop, provide their name, address, the ownerâs details and the vehicle registration, and report the accident within 24 hours. Failing to give the required information, or to report the accident (including not producing proof of insurance when asked), is a criminal offence.
Fail to stop vehicle or bicycle when ordered by police
If a driver of a motorâvehicle or a cyclist does not stop when a police constable in uniform or a traffic officer tells them to, they commit a criminal offence. The offence can be prosecuted against the individual (or the business employing the driver) and may result in a fine or imprisonment, although the exact penalties are set out in other parts of the Road Traffic Act.
Fail to surrender a revoked driving licence
Unlimited fineIf a driverâs licence is revoked because of a disability (or a prospective disability), the licence holder must hand the licence back to the Secretary of State immediately. Failing to do so without a reasonable excuse creates a criminal offence. On conviction the offender can be fined and/or sent to prison.
Fail to surrender revoked or expired licence or certificate
If a roadâtraffic licence or registration certificate is removed, expires or is revoked and the Registrar sends you a written notice asking you to return it, you must do so within 14 days. Failing to return the document within that period creates a criminal offence, which can lead to prosecution and a fine or imprisonment.
Fit or supply defective or unsuitable vehicle parts
If you or your business fit a part to a vehicle, or supply a part for fitting, that makes the vehicle unsafe on the road or breaches construction and use rules, you commit a criminal offence. The same applies if you obstruct an authorised examiner who is checking vehicles or parts. Conviction can lead to a fine and/or imprisonment, but the exact penalties are set elsewhere in the Act.
Forge or use fake road transport documents
Unlimited fineIf you (or anyone acting for your business) intentionally creates, alters, uses, lends or keeps a forged licence, test certificate, insurance document, permit or any other document listed in this section, you are committing a criminal offence. Conviction can lead to a fine (typically unlimited) and, in the most serious cases, imprisonment.
Give paid driving instruction without a valid emergency control certificate
If you or an employee who is disabled provides paid driving lessons without holding a current emergency control certificate, or does so in a vehicle not authorised by that certificate, you commit a criminal offence. The offence also applies to the employer if the instruction is given by an employee. Conviction can lead to fines and/or imprisonment, as set out elsewhere in the Road Traffic Act.
Give paid driving instruction without registration or licence
Unlimited fineIf you or an employee give paid driving lessons for a motor car but are not listed on the approved instructor register or do not hold a current licence, you are committing a criminal offence. The law also requires a visible certificate on the vehicle showing the instructorâs registration or licence. Breaching these rules can lead to prosecution, with courts able to impose unlimited fines and possible imprisonment.
Hold onto or climb onto a moving vehicle to be towed
Unlimited fineIf anyone â for example a driver, employee or contractor â climbs onto or grabs a motor vehicle or trailer that is moving on a road in order to be towed or drawn, and they have no lawful authority or reasonable cause to do so, they commit a criminal offence. On conviction the person can be fined (the fine can be unlimited) and, because it is a summaryâonly offence, it is dealt with in the Magistratesâ Court.
Impersonate an authorised vehicle examiner
6 months imprisonmentIf a person pretends to be, or claims to work for, an authorised examiner who checks speedâlimiters or carries out vehicle examinations, they commit a criminal offence. This applies to anyone who makes the false representation, whether they are a business employee or a thirdâparty contractor. Conviction can lead to a fine and/or imprisonment, but the exact maximum penalties are set elsewhere in the Act.
Impersonate or obstruct a stopping officer
If you or anyone acting for your business pretends to be a stopping officer, or deliberately resists or blocks a genuine stopping officer who is carrying out their legal powers, you commit a criminal offence. Conviction can lead to a fine (potentially unlimited) and/or imprisonment, and the offence is enforced by the DVSA. Ensure staff understand they must never claim to be a stopping officer and must cooperate fully with any stopping officer they encounter.
Issue false test certificates or documents
Unlimited fineIf you issue a test certificate, a certificate of conformity, or any document referred to in sectionâŻ174(5) knowing that it is materially false, you commit a criminal offence. This can affect anyone who supplies such documents â for example, vehicle manufacturers, inspection stations, or authorised examiners. A conviction can lead to a fine (potentially unlimited) and/or imprisonment.
Keep a vehicle without required insurance
6 months imprisonmentIf a vehicle is registered in your name and it does not have a valid insurance policy that meets the legal requirements, you are committing an offence. On conviction you can be fined (up to levelâŻ5 on summary, unlimited on indictment) and, if tried in Crown Court, face up to six monthsâ imprisonment.
Leave vehicle in dangerous position on road
6 months imprisonmentIf you are responsible for a vehicle and allow it to remain stopped or parked in a way that creates a risk of injury to other road users, you commit an offence. A conviction can result in a fine (potentially unlimited) and/or a prison term, and the case may be tried in either the Magistrates' Court or Crown Court.
Make false fitness declaration on a driving licence
If you hold a driving licence and you knowingly give a false statement about any disability, disease or drug/alcohol misuse on the licence application or renewal, you commit a criminal offence. Conviction can lead to a fine and/or imprisonment, although the exact maximum penalties and the court in which the case is tried are set elsewhere in the legislation.
Make false statements or withhold material information
If you deliberately give false information or hide important facts when applying for a roadâtraffic licence, driverâtraining document, international haulage permit, insurance certificate or any similar document, you commit a criminal offence. The offence also covers supplying false information or documents for other regulatory purposes under the Road Traffic Act. Conviction can lead to a fine, imprisonment or both, depending on how the court proceeds.
Obstruct an authorised accident inspector
6 months imprisonmentIf you prevent an inspector authorised by the Secretary of State from inspecting a vehicle or premises during a road accident inquiry, you commit a criminal offence. The offence can be brought against any person who interferes with the inspectorâs duties. Conviction may result in a fine (potentially unlimited) and/or imprisonment, depending on how the court treats the offence.
Obstruct an authorised examiner
6 months imprisonmentIf you prevent, hinder or otherwise obstruct a DVSA authorised examiner when they try to enter your premises to test used motor vehicles or trailers for roadworthiness, you commit a criminal offence. A conviction can lead to a fine and possibly imprisonment, depending on how the court proceeds.
Obstruct authorised examiner or fail to comply with roadside vehicle test
If you (or anyone acting for you) prevent a DVSA examiner from testing a vehicle on the road, or refuse to follow the examinerâs reasonable instructions, you commit a criminal offence. A conviction can result in a fine and/or imprisonment, although the exact penalties are set in other parts of the Road Traffic Act.
Obstruct a vehicle examiner
If you deliberately prevent a DVSA vehicle examiner from inspecting a vehicle â for example by blocking access, tampering with the vehicle or refusing to let the examiner carry out tests â you commit a criminal offence. Conviction can lead to a fine and/or imprisonment, the exact limits being set by the courts.
Obtain a licence or drive while disqualified
6 months imprisonmentIf a driver who is currently disqualified for holding a licence either applies for a new licence or drives a motor vehicle on a road, the driver (and any business that employs them) commits a criminal offence. The licence obtained is automatically invalid, and the driver can be prosecuted, facing an unlimited fine and up to six months in prison.
Park HGV on verge, central reservation or footway
If you or anyone acting for you parks a heavy goods vehicle on a road verge, the strip of land between carriageways that is not a footway, or on a footway, you commit an offence. The only defences are a written permission from a uniformed police officer, an emergency (e.g., fireâfighting), or loading/unloading where the vehicle must be stopped there and is never left unattended. A conviction can lead to a fine and, in more serious cases, a custodial sentence.
Promote or take part in an unauthorised cycle race on a public road
If you organise, promote or ride in a speed race or trial between bicycles on a public road without the proper authorisation, you commit a criminal offence. The race must be authorised and carried out under any conditions set by the regulations; otherwise you can be prosecuted.
Promote or take part in unauthorised motor vehicle competition
If you organise, promote or take part in a competition or trial â other than a race or speed trial â that involves motor vehicles on a public road, you must have authorisation and follow any conditions set by the regulators. Doing so without the required authorisation (or breaching the conditions) is a criminal offence. Conviction can lead to a fine, possible imprisonment and other sanctions, depending on the full statutory penalty provisions.
Refuse or give false name/address after reckless driving or cycling
Unlimited fineIf a driver of a company vehicle or a cyclist employed by your business is stopped for reckless, careless or inconsiderate driving and then refuses to give, or provides a false, name and address when asked, the person commits an offence. A conviction can lead to a fine (potentially unlimited) and, in some cases, imprisonment. This applies to anyone who could be required to provide those details under the Road Traffic Act 1988.
Ride a cycle dangerously on a road
If you (or anyone employed by you) rides a bicycle on a public road in a way that is far below the standard of a competent, careful cyclist and would be obviously dangerous, you are committing a criminal offence. Conviction can lead to a fine and, depending on the court, possibly a short custodial sentence. The offence is enforced by the Driver and Vehicle Standards Agency (DVSA).
Sell nonâcompliant vehicle reflectors or tail lamps
If you sell, offer or display for sale a reflector or tail lamp that does not meet the construction and use requirements for the class of vehicle it is intended for, you commit a criminal offence under the Road Traffic Act. Conviction can lead to a fine (potentially unlimited) and, depending on how the courts treat the offence, may also carry a short term of imprisonment.
Sell vehicle or part without required conformity certificate
Fine up to ÂŁ1,000If you supply (sell, offer to sell or display for sale) a vehicle or vehicle part that does not have a valid certificate of conformity or the Ministerâs approval certificate, you commit a criminal offence. The offence can be avoided only if you can prove the vehicle was for export, would not be used on UK roads, or was intended for a special use authorised by the Secretary of State. Conviction can lead to a fine and/or imprisonment.
Supply or alter an unroadworthy vehicle or trailer
If you sell, offer to sell, expose for sale or change a motor vehicle or trailer so that it is unsafe or breaks roadâuse regulations, you commit a criminal offence. The offence applies even if you allow someone else to do it. Conviction can lead to a fine and/or imprisonment, although the exact penalties are set by the courts.
Take a motor vehicle without ownerâs consent
5 years imprisonmentIf you or someone acting for your business takes, drives or rides a motor vehicle in Scotland without the ownerâs permission, you commit a criminal offence. The defence of a reasonable belief you had authority is only available if the court is satisfied you honestly thought you were authorised. On conviction you face up to five yearsâ imprisonment and an unlimited fine.
Tamper with a motor vehicle on a road or public parking
6 months imprisonmentIf you climb onto a vehicle or interfere with its brakes or other mechanisms while it is on a road or in a localâauthority car park, and you have no lawful authority or reasonable cause to do so, you commit a criminal offence. A conviction can result in a fine (normally unlimited) and, in some cases, a term of imprisonment.
Use a goods vehicle with unauthorised weight markings
If you own a goods vehicle that has a weight plate fixed to it, you must not add any other weight markings unless they are specifically allowed. Adding unauthorised weight markings breaches the law and you can be prosecuted as the vehicleâs owner.
Use a vehicle or trailer that fails construction or use requirements
If you or anyone on your behalf puts a motor vehicle or trailer on a road that does not meet the legallyârequired construction or use standards (apart from the very specific requirements listed in sectionsâŻ41A,âŻ41B(1)(a) andâŻ41D), you are committing an offence. The same applies if you knowingly allow such a vehicle or trailer to be used. Conviction can lead to a fine and, in the most serious cases, imprisonment.
Use false drivingâinstructor registration title or badge
Unlimited fineIf you run a drivingâinstruction business, you may only use the certificate, badge or official title that the regulations prescribe if your name is on the statutory register. Using a prescribed title, badge or certificate for anyone whose name is not on the register, or advertising that your instructors are registered when they are not, is an offence unless you can prove you did not know. Conviction can lead to a fine and/or imprisonment, with the exact penalties set by the courts.
Use goods vehicle without a valid plating or test certificate
6 months imprisonmentIf you operate a goods vehicle that, by law, must have a plating certificate or a periodic goodsâvehicle test certificate and you do not have a current certificate at the time you use the vehicle, you are committing a criminal offence. The same applies if you alter the vehicle or its equipment in a way that should have been notified to the Secretary of State or the testing authority but wasnât. You could be prosecuted by the DVSA and face a fine and/or imprisonment.
Use nonâcompliant speed assessment equipment
Unlimited fineIf you install, operate or allow a speedâassessment device (such as a radar or laser gun) that does not meet the construction or use standards set out in the Road Traffic Act, you commit an offence. The same applies if you use a vehicle or trailer that does not meet those standards on a road. On conviction you face a fine (unlimited on indictment) and, depending on the court, may also receive a custodial sentence.
Use or permit use of an uninsured vehicle
6 months imprisonmentIf you drive a motor vehicle on a road or let someone else drive it while it does not have a valid thirdâparty insurance policy, you commit a criminal offence. On conviction you can be fined (unlimited amount) and, if tried in the Crown Court, face up to six months in prison.
Use vehicle in dangerous condition
6 months imprisonmentIf you drive, let someone drive, or allow a motor vehicle or trailer to be used on a road when its condition, load, passengers, or purpose makes it dangerous, you are committing an offence. The offence covers anything from faulty brakes or tyres to overloaded or poorly secured loads. Conviction can lead to a fine (unlimited) and/or up to six months in prison.
Use vehicles with faulty brakes, steering or tyres
6 months imprisonmentIf you operate, own or allow a motor vehicle or trailer on a road that does not meet the legal requirements for brakes, steeringâgear or tyres â or you fail to follow the constructionâandâuse rules for those parts â you commit a criminal offence. A conviction can lead to an unlimited fine (the highest level on the standard scale) and, in the most serious cases, a short term of imprisonment, with enforcement carried out by the DVSA.
Use vehicle without required typeâapproval or certification
If you put a vehicle or a vehicle part on a road that does not have a valid typeâapproval certificate (or an EU certificate of conformity), or you use a goods vehicle with a plating certificate that does not specify the maximum load when pulling a trailer, or you have made a modification to a vehicle that should have been notified to the Secretary of State and you still use it, you are committing an offence. The DVSA can prosecute you, which may result in a fine and/or a term of imprisonment.
Record keeping 1
Keep driver licences upâtoâdate and stop driving with revoked or suspended licences
If your company hires drivers for goods or passenger vehicles, you must ensure none of your drivers have a licence that has been revoked or suspended by the DVSA. If a driverâs conduct makes them unfit, the DVSA will revoke or suspend the licence and any vehicle using that licence will be illegal to operate. You need to check and record licence status regularly and stop any vehicle from being driven while the licence is suspended.
Penalties for non-compliance
86 penalties under this legislation. 35 can result in imprisonment. 49 carry an unlimited fine.
Allow a child under 14 to ride an electrically assisted pedal cycle
Unlimited fine and/or 6 months imprisonment
Apply unauthorised approval mark to vehicle or part
Unlimited fine and/or 2 years imprisonment
Carry more than one person on a nonâmotorised bicycle
Unlimited fine and/or 6 months imprisonment
Carry too many passengers or seat them incorrectly on a motorcycle
Unlimited fine and/or 6 months imprisonment
Cause danger to roadâusers
Unlimited fine and/or 6 months imprisonment
Cause death by careless driving while under influence
Unlimited fine and/or 14 years imprisonment
Cause death by careless or inconsiderate driving
Unlimited fine and/or 5 years imprisonment
Cause death while driving unlicensed or uninsured
Unlimited fine and/or 5 years imprisonment
Cause death while driving while disqualified
Unlimited fine and/or 10 years imprisonment
Cause serious injury by careless or inconsiderate driving
Unlimited fine and/or 5 years imprisonment
Cause serious injury by dangerous driving
Unlimited fine and/or 5 years imprisonment
Causing serious injury while driving while disqualified
Unlimited fine and/or 5 years imprisonment
Dangerous driving
Unlimited fine and/or 2 years imprisonment
Drive after licence refusal or revocation
Unlimited fine and/or 6 months imprisonment
Drive a vehicle without a valid licence
Unlimited fine and/or 6 months imprisonment
Drive carelessly or inconsiderately
Unlimited fine and/or 6 months imprisonment
Drive or be in charge of vehicle with drug level above limit
Unlimited fine and/or 6 months imprisonment
Fail to comply with conditions of a restricted licence or allow underâ21 driver to breach them
Unlimited fine and/or 6 months imprisonment
Fail to disclose a new or worsening disability
Unlimited fine and/or 6 months imprisonment
Fail to notify disability information to the Secretary of State
Unlimited fine and/or 6 months imprisonment
Fail to notify disability when applying to be a disabled instructor
Unlimited fine and/or 6 months imprisonment
Fail to obey traffic directions from police or traffic officer
Unlimited fine and/or 6 months imprisonment
Fail to stop, give details or report a road accident
Unlimited fine and/or 6 months imprisonment
Impersonate an authorised vehicle examiner
Unlimited fine and/or 6 months imprisonment
Keep a vehicle without required insurance
Unlimited fine and/or 6 months imprisonment
Leave vehicle in dangerous position on road
Unlimited fine and/or 6 months imprisonment
Obstruct an authorised accident inspector
Unlimited fine and/or 6 months imprisonment
Obstruct an authorised examiner
Unlimited fine and/or 6 months imprisonment
Obtain a licence or drive while disqualified
Unlimited fine and/or 6 months imprisonment
Take a motor vehicle without ownerâs consent
Unlimited fine and/or 5 years imprisonment
Tamper with a motor vehicle on a road or public parking
Unlimited fine and/or 6 months imprisonment
Use goods vehicle without a valid plating or test certificate
Unlimited fine and/or 6 months imprisonment
Use or permit use of an uninsured vehicle
Unlimited fine and/or 6 months imprisonment
Use vehicle in dangerous condition
Unlimited fine and/or 6 months imprisonment
Use vehicles with faulty brakes, steering or tyres
Unlimited fine and/or 6 months imprisonment
Careless or inconsiderate cycling
Unlimited fine
Drive or allow vehicle in breach of overload/fitness prohibition
Unlimited fine
Drive or be in charge of vehicle with excess alcohol
Unlimited fine
Drive while using a handâheld phone or without proper vehicle control
Unlimited fine
Fail to give driver identification when required
Unlimited fine
Fail to provide insurance information to police
Unlimited fine
Fail to surrender a revoked driving licence
Unlimited fine
Forge or use fake road transport documents
Unlimited fine
Give paid driving instruction without registration or licence
Unlimited fine
Hold onto or climb onto a moving vehicle to be towed
Unlimited fine
Issue false test certificates or documents
Unlimited fine
Refuse or give false name/address after reckless driving or cycling
Unlimited fine
Use false drivingâinstructor registration title or badge
Unlimited fine
Use nonâcompliant speed assessment equipment
Unlimited fine
Sell vehicle or part without required conformity certificate
Fine up to ÂŁ1,000
Cause death by dangerous driving
Penalty applies
Conduct unauthorised motor vehicle trial on footpaths, bridleways or restricted byways
Penalty applies
Corporate offence also liable to directors and managers
Penalty applies
Drive a vehicle onto common land or footpath without authority
Penalty applies
Drive a vehicle with a child not wearing a seat belt
Penalty applies
Drive or be in charge of vehicle while under influence of drink or drugs
Penalty applies
Drive or park on a cycle track without authority
Penalty applies
Drive with uncorrected defective eyesight
Penalty applies
Exceed vehicle weight limits
Penalty applies
Fail to comply with community licence information notice
Penalty applies
Fail to comply with traffic signs while driving
Penalty applies
Fail to cooperate with a police preliminary test
Penalty applies
Fail to deliver Northern Ireland licence when required
Penalty applies
Fail to notify bus passengers to wear seat belts
Penalty applies
Fail to notify disability to the Secretary of State
Penalty applies
Fail to produce licence or give date of birth when required
Penalty applies
Fail to produce required road transport certificate or licence
Penalty applies
Fail to provide name, address or insurance/test certificates when required
Penalty applies
Fail to stop vehicle or bicycle when ordered by police
Penalty applies
Fail to surrender revoked or expired licence or certificate
Penalty applies
Fit or supply defective or unsuitable vehicle parts
Penalty applies
Give paid driving instruction without a valid emergency control certificate
Penalty applies
Impersonate or obstruct a stopping officer
Penalty applies
Make false fitness declaration on a driving licence
Penalty applies
Make false statements or withhold material information
Penalty applies
Obstruct authorised examiner or fail to comply with roadside vehicle test
Penalty applies
Obstruct a vehicle examiner
Penalty applies
Park HGV on verge, central reservation or footway
Penalty applies
Promote or take part in an unauthorised cycle race on a public road
Penalty applies
Promote or take part in unauthorised motor vehicle competition
Penalty applies
Ride a cycle dangerously on a road
Penalty applies
Sell nonâcompliant vehicle reflectors or tail lamps
Penalty applies
Supply or alter an unroadworthy vehicle or trailer
Penalty applies
Use a goods vehicle with unauthorised weight markings
Penalty applies
Use a vehicle or trailer that fails construction or use requirements
Penalty applies
Use vehicle without required typeâapproval or certification
Penalty applies
Practical guidance
Our guides explain how to comply with the requirements above.
Sector-Specific 14
Get an operator's licence for goods vehicles
How to apply for an O-licence to operate goods vehicles for business. Covers Standard and Restricted licences, financial âŚ
Vehicle Type Approval
Get type approval for vehicles manufactured or imported into GB.
Set Up an MOT Testing Station
Become a DVSA Authorised Examiner to conduct MOT tests.
Run an MOT Testing Station
Maintain DVSA compliance, manage testers, handle inspections, and avoid disciplinary action as an MOT Authorised Examiner.
Vehicle Dealer Regulation
Understand FCA authorisation, consumer rights, and trading standards for motor dealers.
Goods Vehicle Operator Licensing
Understand O-licence requirements for operating goods vehicles over 3.5 tonnes.
Driver CPC Requirements
Understand Driver Certificate of Professional Competence requirements for HGV and bus drivers.
Tachographs and Drivers' Hours
Understand tachograph requirements and drivers' hours rules for goods vehicle operations.
Transporting Dangerous Goods (ADR)
Comply with ADR regulations for transporting dangerous goods by road.
Vehicle Maintenance and MOT
Understand vehicle maintenance standards and MOT requirements for goods vehicles.
Goods Vehicle Operator Compliance Checklist
A yes/no audit checklist covering all key goods vehicle operator obligations including O-licence conditions, vehicle maintenance, drivers, tachographs, âŚ
Avoid overloading and secure your loads
How to comply with load security requirements and avoid overloading offences. Covers the DVSA code of practice, maximum âŚ
Insurance for goods vehicle operators
What insurance goods vehicle operators need. Covers mandatory motor fleet insurance under the Road Traffic Act 1988, goods âŚ
Compliance for van and light goods vehicle operators
What applies when operating vans and light goods vehicles under 3.5 tonnes. Vans do not need an operator âŚ
Compliance & Legal 2
Business insurance: what you need
Understanding mandatory and recommended insurance for your business, including employers' liability, public liability, professional indemnity, and sector-specific cover.
Choosing the right business insurance
A step-by-step decision guide to help small businesses identify which insurance they need, from mandatory cover like employers' âŚ
Sections and provisions
286 classified provisions from this legislation.
Duties 13
- s.12D Determination of applications for motor race orders
- s.73 Provisions supplementary to sections 69 to 72. reference in sections 69
- s.95 Notification of refusal of insurance on grounds of health.
- s.99E Return of Community licences delivered to Secretary of State.
- s.99 Duration of licences. that person
- s.111 Functions of traffic commissioners.
- s.112 Grants of licences: fitness as regards conduct. The Secretary of State
- s.115A Community licence holders: cessation of authorisation, etc. holder
- s.115 Revocation or suspension of licences.
- s.118 Revoked or suspended licences: surrender, return and endorsement. holder of the licence
- s.131A Compensation in respect of suspension other matters which relate
- s.145 Requirements in respect of policies of insurance. The policy
- s.147 Issue ... of certificates of insurance .... conditions subject
Offences and penalties 98
- s.1A Causing serious injury by dangerous driving
- s.1 Causing death by dangerous driving.
- Schedule 1 Supplementary Provisions in Connection with Proceedings for Offences under Sections 15A, 17 and 18(4)
- s.2C Causing serious injury by careless, or inconsiderate, driving
- s.2B Causing death by careless, or inconsiderate, driving
- s.2 Dangerous driving.
- s.3A Causing death by careless driving when under influence of drink or drugs.
- s.3 Careless, and inconsiderate, driving.
- s.3ZC Causing death by driving: disqualified drivers
- s.3ZD Causing serious injury by driving: disqualified drivers
- s.3ZB Causing death by driving: unlicensed ... or uninsured drivers
- s.4 Driving, or being in charge, when under influence of drink or drugs.
- s.5A Driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit
- s.5 Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit.
- s.6 Power to administer preliminary tests
- s.7A Specimens of blood taken from persons incapable of consenting
- s.7 Provision of specimens for analysis.
- s.12 Motor racing on public ways.
- s.13 Regulation of motoring events on public ways.
- s.13A Disapplication of sections 1 to 3 for authorised motoring events.
- ... and 78 more offences and penalties
Powers 66
- s.6D Arrest
- s.6E Power of entry
- s.12G Authorisation of races and trials of speed in Scotland
- s.12F Regulations by appropriate national authority: procedure
- s.15A Safety equipment for children in motor vehicles.
- s.17 Protective helmets for motor cyclists.
- s.18 Authorisation of head-worn appliances for use on motor cycles.
- s.39 Powers of Secretary of State and local authorities as to giving road safety information and training.
- s.40 Road safety grants
- s.41 Regulation of construction, weight, equipment and use of vehicles.
- s.44 Authorisation of use on roads of special vehicles not complying with regulations under section 41.
- s.45 Tests of satisfactory condition of vehicles.
- s.46 Regulations under section 45.
- s.46A Use of records of vehicle examinations, etc.
- s.48 Supplementary provisions about test certificates.
- s.49A Use of records of goods vehicle examinations, etc.
- s.52 Supplementary provisions about tests, etc., of goods vehicles.
- s.58 Ministerâs approval certificates.
- s.61 Regulations for the purposes of sections 54 to 60.
- s.62 Other supplementary provisions.
- ... and 46 more powers
Definitions 37
- s.6C Preliminary drug test
- s.6B Preliminary impairment test
- s.6A Preliminary breath test
- s.11 Interpretation of sections 4 to 10. hospital the prescribed limit registered health care professional
- s.12B Permission to apply for motor race order the appropriate national authority local authority
- s.20 Definition of âheavy commercial vehicleâ for the purposes of section 19. heavy commercial vehicle articulated vehicle trailer
- s.38 The Highway Code. the Highway Code statutory provision
- s.49 Tests of satisfactory condition of goods vehicles and determination of plated weights, etc. plating certificate") specifying those particulars, b) for the issue, for a goods vehicle which has been found on examination for the purpose to comply with the prescribed construction and use requirements and the requirement that the condition of the vehicle is not such that its use on a road would involve a danger of injury to any person , of a certificate (in this Act referred to as a âgoods vehicle test certificate") stating that the vehicle has been found so to comply, and c) for the refusal of a goods vehicle test certificate for a goods vehicle which is so found not to comply with those requirements and for requiring a written notification to be givenâ i) of any such refusal, and ii) of the grounds of the refusal, and for the refusal of a plating certificate where a goods vehicle test certificate is refused. 3) References in subsections (1) and (2) above to construction and use requirements shall be construedâ a) in relation to an examination of a vehicle solely for the purpose of ascertaining whether it complies with any such requirements, as references to such of those requirements as are applicable to the vehicle at the time of the test, and b) in relation to an examination of a vehicle both for that purpose and for the purpose of determining its plated particulars, as references to such of those requirements as will be applicable to the vehicle if a plating certificate is issued for it. 4) In this Part of this Actâ - âexamination for plating goods vehicle test
- s.57 Certificates of conformity. relevant European certificate of conformity certificate of conformity
- s.66A Appointment of examiners. vehicle examiner
- s.66B Appointment of stopping officers stopping officer
- s.85 Interpretation of Part II. EEA Agreement EEA State EU certificate of conformity
- s.86 Index to Part II.
- s.97A Residence requirement
- s.102A Disqualification while disqualified in Northern Ireland, Isle of Man, Channel Islands or Gibraltar
- s.107 Service of notices.
- s.108 Interpretation. agricultural or forestry tractor articulated goods vehicle articulated goods vehicle combination
- s.109 Provisions as to Northern Ireland driversâ licences.
- s.110 â LGV Community licence PCV Community licence large goods vehicle driverâs licence
- s.121 Interpretation. conduct full licence large goods vehicle
- ... and 17 more definitions
Exemptions 36
- s.2A Meaning of dangerous driving.
- s.3ZA Meaning of careless, or inconsiderate, driving
- s.9 Protection for hospital patients.
- s.10 Detention of persons affected by alcohol or a drug.
- s.12H Races and trials of speed in Scotland: further provision
- s.12E Effect of motor race order
- s.14 Seat belts: adults.
- s.16 Wearing of protective headgear.
- s.27 Control of dogs on roads.
- s.43 Temporary exemption from application of regulations under section 41.
- s.47 Obligatory test certificates.
- s.54 Type approval requirements.
- s.55 Type approval certificates.
- s.59 Supplementary provisions as to certificates of conformity and Ministerâs approval certificates.
- s.70 Power to prohibit driving of overloaded goods vehicles.
- s.88 Exceptions.
- s.89 Tests of competence to drive.
- s.97 Grant of licences.
- s.98 Form of licence.
- s.99ZB Requirements to complete training courses.
- ... and 16 more exemptions