| Guvnor

Enforced by: DVSA, DVLA, Traffic Commissioners
Status: Amended (in force with amendments)
Penalty ceiling: Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Any Person2

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2684 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Trial

0 of 26 sections shown

26 other sections in this Part — procedural and definitional

s.001 Requirement of warning etc. of prosecutions for certain offences.

s.002 Requirement of warning etc: supplementary.

s.003 Restriction on institution of proceedings for certain offences.

s.004 Offences for which local authorities in England and Wales may institute proceedings.

s.005 Exemption from Licensing Act offence.

s.006 Time within which summary proceedings for certain offences must be commenced.

s.007 Duty of accused to provide licence.

s.008 Duty to include date of birth and sex in written plea of guilty.

s.009 Mode of trial.

s.010 Jurisdiction of district court in Scotland.

s.011 Evidence by certificate as to driver, user or owner.

s.012 Proof, in summary proceedings, of identity of driver of vehicle.

s.013 Admissibility of records as evidence.

s.014 Use of records kept by operators of goods vehicles.

s.015 Use of specimens in proceedings for an offence under any of sections 3A to 5A of the Road Traffic Act.

s.016 Documentary evidence as to specimens in such proceedings.

s.017 Provisions as to proceedings for certain offences in connection with the construction and use of vehicles and equipment.

s.018 Evidence by certificate as to registration of driving instructors and licences to give instruction.

s.019 Evidence of disqualification in Scotland.

s.020 Speeding offences etc: admissibility of certain evidence.

s.021 Proceedings in which evidence of one witness sufficient in Scotland.

s.022 Notification of disability.

s.023 Alternative verdicts in Scotland.

s.024 Alternative verdicts: general.

s.025 Information as to date of birth and sex.

s.026 Interim disqualification.

Part 2

Sentence

2 of 37 sections shown

s.034 Certificates of completion of courses. Regulated

Issue course completion certificate or refusal notice within 14 daysAny Person

s.034 Provisions supplementary to sections 34A and 34B. Regulated

Course providers must follow DVSA/DVLA guidance on approved coursesAny Person

35 other sections in this Part — procedural and definitional

s.027 Production of licence.

s.028 Penalty points to be attributed to an offence.

s.029 Penalty points to be taken into account on conviction.

s.030 Penalty points: modification where fixed penalty also in question.

s.031 Court may take particulars endorsed ... into consideration.

s.032 In Scotland, court may take extract from licensing records into account.

s.033 Fine and imprisonment.

s.033 Forfeiture of vehicles: Scotland.

s.034 Disqualification for certain offences.

s.034 Reduced disqualification period for attendance on courses.

s.034 Approval of courses

s.035 Disqualification for repeated offences.

s.035 Extension of disqualification where custodial sentence also imposed

s.035 Effect of custodial sentence in other cases

s.035 Extension of disqualification where sentence of imprisonment also imposed: Scotland

s.035 Effect of sentence of imprisonment in other cases: Scotland

s.036 Disqualification until test is passed.

s.037 Effect of order of disqualification.

s.037 Surrender of licence to Secretary of State where disqualified

s.038 Appeal against disqualification.

s.039 Suspension of disqualification pending appeal.

s.040 Power of appellate courts in England and Wales to suspend disqualification.

s.041 Power of appellate courts in Scotland to suspend disqualification.

s.041 Suspension of disqualification pending determination of applications under section 34B.

s.042 Removal of disqualification.

s.043 Rule for determining end of period of disqualification.

s.044 Orders for endorsement

s.044 Endorsement of driving record in accordance with order

s.045 Effect of endorsement of counterparts.

s.045 Effect of endorsement of driving records

s.046 Combination of disqualification and endorsement with probation orders and orders for discharge.

s.047 Supplementary provisions as to disqualifications and endorsements.

s.048 Exemption from disqualification and endorsement for certain construction and use offences.

s.049 Offender escaping consequences of endorseable offence by deception.

s.050 Powers of district court in Scotland.

Part 3

Financial penalty deposits

0 of 6 sections shown

6 other sections in this Part — procedural and definitional

s.090 Power to impose financial penalty deposit requirement

s.090 Financial penalty deposit requirement

s.090 Making of payment in compliance with requirement

s.090 Prohibition on driving on failure to make payment

s.090 Orders about financial penalty deposits

s.090 Financial penalty deposits: interpretation

Part 3

Courses offered as alternative to prosecution

0 of 3 sections shown

3 other sections in this Part — procedural and definitional

s.090 Power to charge fees: England and Wales

s.090 Power to prevent courses being offered for repeat offences: England and Wales

s.090 Further provision about regulations under this Part

Part 3

Fixed Penalties

0 of 45 sections shown

45 other sections in this Part — procedural and definitional

s.051 Fixed penalty offences.

s.052 Fixed penalty notices.

s.053 Amount of fixed penalty.

s.054 Notices on-the-spot etc..

s.055 Effect of fixed penalty notice given under section 54.

s.056 Licence receipts.

s.057 Endorsement of counterparts without hearings.

s.057 Endorsement of driving records without hearings

s.058 Effect of endorsement of counterpart without hearing.

s.058 Effect of endorsement of driving record without hearing

s.059 Notification of court and date of trial in England and Wales.

s.060 Giving notices to suspected offenders

s.061 Fixed penalty notice mistakenly given to licence holder: exclusion of fixed penalty procedures.

s.061 Fixed penalty notice mistakenly given ...: exclusion of fixed penalty procedures

s.062 Fixing notices to vehicles.

s.063 Service of notice to owner if penalty not paid.

s.064 Enforcement or proceedings against owner.

s.065 Restrictions on proceedings against owner and others.

s.066 Hired vehicles.

s.067 False statements in response to notices to owner.

s.068 “Owner”, “statutory statement” and “official form”.

s.069 Payment of penalty.

s.070 Registration certificates.

s.071 Registration of sums payable in default.

s.072 Notices on-the-spot etc.: when registration and endorsement invalid.

s.073 Notices fixed to vehicles: when registration invalid.

s.074 Provisions supplementary to sections 72 and 73.

s.075 Issue of conditional offer.

s.076 Effect of offer and payment of penalty.

s.077 Endorsement of counterparts where penalty paid.

s.077 Endorsement of driving records where penalty paid

s.078 General restriction on proceedings.

s.079 Statements by constables.

s.080 Certificates about payment etc.

s.081 Documents signed by the accused.

s.082 Accounting for fixed penalties: England and Wales.

s.083 Powers of court in cases of deception.

s.084 Regulations.

s.084 Notices to Secretary of State

s.085 Service of documents.

s.086 Functions of traffic wardens.

s.087 Guidance on application of Part III.

s.088 Procedure for regulations and orders.

s.089 Interpretation.

s.090 Index to Part III.

Part 4

Miscellaneous and General

0 of 14 sections shown

14 other sections in this Part — procedural and definitional

s.091 Penalty for breach of regulations.

s.091 Application to Community licence holders.

s.091 Effect of endorsement on Community licence holders.

s.091 Application to Northern Ireland licence holders

s.091 Effect of endorsement on Northern Ireland licence holders

s.092 Application to Crown.

s.093 Application of sections 15 and 16 to persons subject to service discipline.

s.094 Proceedings in respect of offences in connection with Crown vehicles.

s.095 Destination of Scottish fines.

s.096 Meaning of “offence involving obligatory endorsement”.

s.097 Meaning of “offence involving obligatory disqualification” and “offence involving discretionary disqualification”.

s.097 Meaning of “driving record”

s.098 General interpretation.

s.099 Short title, commencement and extent.

Schedules

0 of 8 shown

8 other schedules

s.sch001 (1) Where section 1, 6, 11 or 12(1) of this...

s.sch001 Section 1 also applies to— (a) an offence under section...

s.sch001 Section 6 also applies— (a) to an offence under section...

s.sch001 Section 11 also applies to— (a) any offence to which...

s.sch001 Section 12(1) also applies to— (a) any offence which is...

s.sch004 (1) For the purposes of Part III of this Act,...

Help complying

Guvnor’s practical routes through this instrument.

Start a transport and logistics business

Launch a transport or haulage business with the right operator licence

What to do when stopped by DVSA at the roadside

How to handle a DVSA roadside inspection, what examiners check, your rights during the stop, prohibition powers, and what to do afterwards …

Goods vehicle compliance quick check

Quick compliance check across all goods vehicle operator obligations

Responding to DVSA enforcement or Traffic Commissioner action

What to do if your transport business faces DVSA enforcement action or a Traffic Commissioner public inquiry. Covers understanding your OCRS score, …

Growing your goods vehicle fleet

What changes when you grow your goods vehicle fleet, from O-licence variations to OCRS scrutiny

Getting started with international road haulage

Upgrade your domestic haulage operation for international road freight

1 more guide that reference this instrument

Follow drivers' hours and tachograph rules for goods vehicles

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Road Traffic Offenders Act 1988

Does it bind you?

Other Acts binding the same actors

What it requires

Trial

Sentence

Financial penalty deposits

Courses offered as alternative to prosecution

Fixed Penalties

Miscellaneous and General

Schedules

Help complying

Start a transport and logistics business

What to do when stopped by DVSA at the roadside

Goods vehicle compliance quick check

Responding to DVSA enforcement or Traffic Commissioner action

Growing your goods vehicle fleet

Getting started with international road haulage