Road Traffic Offenders Act 1988

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The offence of driving whilst disqualified, although a summary offence, can be included in the indictment if founded on the same facts or evidence, or if it forms part of a series of offences of the same or similar character as an indictable offence which has also been charged - section 40 (3)(c) Criminal Justice Act 1988. Using a Vehicle without Insurance The vehicle need not be moving. Once it has come to rest the operations of applying the handbrake, switching off the ignition etc. should be considered as part of the driving; There will be occasions where although the offence under section 22A RTA 1988 is made out, the charging of one of the less serious offences listed above will be more appropriate. Failing to Stop/Report an Accident

other conduct constituting an offence for which a driving disqualification has been imposed by the state of offence: Under section 143(1)(a) RTA 1988 "a person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of that vehicle by that person... a policy of insurance...". Under section 145 RTA 1988 the policy must be issued by an authorised insurer and must insure for death or bodily injury to any person, or damage to property, caused by, or arising out of, the use of a vehicle on a road in Great Britain, i.e. third party insurance.driving a vehicle while under the influence of alcohol or other substances affecting or diminishing the mental and physical abilities of a driver

The term 'specified proceedings' refers to a limited range of summary offences for which criminal proceedings may be instituted and conducted by the police. In Edkins v Knowles (1973) 57 Cr App R 751 the Divisional Court summarised the case-law on the subject of when “driving” ceased: It is an offence under section 41D(b) RTA 1988 to contravene Regulation 110. The penalty imposed will depend upon the type of vehicle driven. Key Definitions “Hand-held”

Changes over time for: Section 34

If a Prosecutor is asked to sign a certificate, or to advise the police upon its format, the following example may be adopted. A copy should be provided to all parties and to the court. The driver is committing an offence of "driving whilst disqualified" in accordance with s.103 Road Traffic Act 1988. Age prohibitions on driving are set out in section 101 RTA 1988. These are referred to as disqualification of persons under age. Driving whilst under age does not constitute an offence of driving whilst disqualified (by reason of age) under section 103 RTA 1988 by virtue of section 103(4) RTA 1988. A person who drives a vehicle on a road while disqualified by reason of age, commits an offence under section 87 RTA 1988, which prohibits a person driving a vehicle on a road otherwise than in accordance with a licence authorising him to do so. Proof of Disqualification The expression ‘on a road or other public place’ is employed frequently in road traffic legislation. A public place is a place to which the public, or part thereof, have access. Insurance cover is required for the use of a vehicle on a road or a public place. by sending within 14 days of the alleged offence a notice indicating the possibility of prosecution. The notice must specify the nature of the alleged offence and the time and place where it is alleged to have been committed, and must be sent to the driver, registered keeper of the vehicle, or rider of the cycle.

section 115(2) Road Traffic Regulations Act 1984 - making a false statement to obtain a parking authorisation. This is a summary offence. If the driver has not returned their licence to the DVLA/DVA by the expiry of the 21 day period of the section 57 notice, then a summary only offence contrary to section 63 of CICA 2003 is committed in Great Britain. Do courts have to take an "Irish" endorsement into account if the driver is sentenced in court for another offence committed in the UK? Did they get out? If not, that is an indication (although not conclusive) that they are still driving.

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Intended or adapted for use on roads" is also not defined by statute and again is ultimately a matter for the court to decide based on the evidence before it. note part 19 of the Criminal Procedure Rules (Expert Evidence) and secure expert evidence where the defence expert’s statement is incorrect, inconclusive or misleading. Regulation 110 does not define “hand-held” although 110(6)(a) states that a mobile phone or device is to be treated as hand-held if it is, or must be, held at some point while being used. The correct interpretation of this is that it is a deeming provision which extends the meaning of “hand-held” (Baretto paragraph 42, which remains good law for these purposes.) “Device” Section 2 RTOA 1988 provides that the prosecution does not have to comply with section 1 RTOA 1988 if, owing to the presence on a road of a vehicle in respect of which the offence was committed, an accident occurred at the time of the offence or immediately afterwards. However, a notice is still required if the defendant was unaware there had been an accident.